Elkhart County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Default judgment request

For default-judgment requests involving unpaid rent or rental-property damages, the lease agreement must be in the chronological case summary when the request is filed.

E. Landlord/Tenant Cases. In cases involving unpaid rent and/or damages to rental property, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed: 1. Lease agreement.

CRITICAL

Applies to

Return of service

After proof of service is returned to the initiating party, a Return of Service must be filed so that it will appear on the Chronological Case Summary.

After proof of service is returned to the initiating party, a Return of Service must be filed so that it will appear on the Chronological Case Summary.

CRITICAL

Applies to

Motion to withdraw

An attorney may withdraw only after filing a Motion to Withdraw and giving the party ten days’ notice, unless the stated authorization or other-counsel exception applies.

Unless authorized by the party in open Court or in writing or upon appearance of other counsel, an attorney will be permitted to withdraw his appearance for a party only after filing a Motion to Withdraw and providing the party ten (10) days’ notice pursuant to Trial Rule 3.1(H).

CRITICAL

Applies to

Motion petition or pleading

Every motion, petition, or other pleading filed with the Clerk must include the filing party’s or its attorney’s name, organization, physical address, telephone number, and electronic address.

Every motion, petition, or other pleading filed with the Clerk shall contain the name, organization, physical address, telephone number, and electronic address of the filing party or an attorney for that party.

CRITICAL

Applies to

Motion for default judgment

A default-judgment motion involving credit card debt must include the specified debt affidavit, fee support, billing statement, military-service affidavit, and damages computation.

In cases involving a credit card debt, a Motion for Default Judgment shall include the following additional attachments and information: A. Affidavit of Debt must include: 1. Charge off date. 2. Original credit card company. 3. Unpaid balance. 4. Date of last payment and amount. 5. Date account was opened. 6. Account number, consistent with Rules to Access to Court Records. 7. Date debtor defaulted on the account. 8. Interest rate requested. 9. Type of account (That is, Visa, department store); and, 10. Late fees, over-limit fees, and any other fee requested, along with a monthly breakdown of each amount. B. Affidavit of Attorney’s Fees must be accompanied by the written instrument or citation to other authority allowing for recovery of attorney’s fees. C. Actual credit card monthly billing statement from the date of last payment or last purchase (whichever is later), showing: 1. original creditor. 2. Debtor’s name. 3. Debtor’s address. 4. Date of last payment and/or purchase. 5. Interest rate; and, 6. All fees requested. D. Affidavit of Non-Military Service; and, E. Attachment showing method of computation used to arrive at the amount requested.

CRITICAL

Applies to

Memorandum

Summary-judgment supporting and response memoranda must begin with a Summary of Argument of no more than two pages.

The Memorandum in Support of Motions for Summary Judgment and Response Memorandum must contain a Summary of Argument not to exceed two pages and located at the beginning of the Memorandum.

CRITICAL

Applies to

Stipulated exhibit packet

Documents stipulated to be admissible must be prepared as a packet of stipulated exhibits for the court and each juror at the start of trial.

All documents stipulated to be admissible shall be prepared so that the court and each juror shall have a packet of stipulated exhibits at the beginning of the trial;

CRITICAL

Applies to

Petition to close estate

A petition to close the estate must affirm that applicable income and other taxes have been or will be paid in full.

Further, the petition to close the estate shall include affirmation that such income and other taxes as may be applicable to the estate either have been paid in full or that they will be paid in full.

CRITICAL

Applies to

Motion to insert or strike new matter

Subject to Trial Rule 12(F), a motion to insert or strike matter must be written and identify the exact words to be inserted or stricken.

Subject to Trial Rule 12(F), every motion to insert new matter or to strike out any part or parts of any pleading, deposition, report, order, or other document in a case shall be made in writing and shall set forth the words sought to be inserted or stricken.

CRITICAL

Applies to

Nonprofessional personal representative fee request

A non-professional Personal Representative’s fee may not exceed half the attorney’s fee and requires a filed description of services, time spent, and hourly rate.

However, such fees shall not exceed one half (1/2) the fee allowed the attorney, provided: a. The fee is reasonable considering all circumstances; and b. A description of services rendered, including time spent with hourly rate in support of the request is filed.

CRITICAL

Applies to

Petition to sell personal property

Unless the decedent’s will authorizes the sale or the property is sold at public auction, a petition to sell personal property in a supervised estate or guardianship requires a competent appraiser’s written appraisal stating fair market value, filed with the petition or previously with the inventory.

To the extent that the sale of assets is not authorized by the decedent’s will, no Petition to Sell Personal Property in a supervised estate or guardianship shall be granted unless a written appraisal, prepared by a person competent enough to appraise such property and setting forth its fair market value, is filed with the Petition or was previously filed with the inventory. This rule shall not apply to personal property which is sold at public auction.

CRITICAL

Applies to

Child support or maintenance request

A party seeking an initial child-support or spousal-maintenance order, or modification of an existing support or maintenance order, must provide the stated most recent Federal Income Tax document; the sentence is incomplete in the source.

Any party seeking an initial order of child support or spousal maintenance, or the modification of an existing order of support or maintenance shall provide their most recent Federal Income Tax

CRITICAL

Applies to

Withdrawal notice

The notice must address the case status, scheduled hearings, the client’s duty to keep contact information current, the applicable conduct standard, and the need to promptly seek new counsel.

413.4. Content of Notice A. The present status of the case. B. Any scheduled hearing dates. C. Of client’s duty to keep court informed of client’s mailing address, email address, and telephone number. D. That client will be held to the same standard of conduct as a licensed Indiana attorney; and, E. That the client should act promptly to secure new counsel.

CRITICAL

Applies to

Motion

A judgment creditor seeking a voluntary garnishment order must file a motion requesting its issuance.

A motion is filed by the judgment creditor requesting the issuance of a garnishment order.

CRITICAL

Applies to

Proposed order

A proposed order must be a separate document from the motion.

A. be a document that is separate and apart from the motion.

CRITICAL

Applies to

Guardians report

If the protected person is an adult, an attending physician’s report must accompany the Guardian’s Report and attest that incapacity continues and the living arrangements are appropriate.

If the protected person is an adult. A report of an attending physician shall be filed with the Guardian’s Report attesting to the fact that the incapacity of the person continues, and that the living arrangements for the protected person are appropriate.

CRITICAL

Applies to

Motion to stay

Filing a motion to set aside default judgment does not stay collection proceedings; a motion to stay must be filed and granted under Trial Rule 62(B).

In any case in which a motion to set aside default judgment has been filed, collection proceedings will not be stayed unless a motion to stay is filed and granted pursuant to Trial Rule 62(B).

CRITICAL

A current Child Support Obligation Worksheet must be attached.

B. Attach a current Child Support Obligation Worksheet.

CRITICAL

Applies to

Guardians report

A guardian of the person, rather than the estate, must include the protected person’s present residence and general condition in the Guardian’s Report.

The Guardian’s Report filed by the guardian of the person as opposed to the estate, shall provide the present residence of the protected person and a description of his or her general condition.

CRITICAL

Applies to

Motion for default judgment

A default-judgment motion in a personal injury or property damage subrogation case must include the listed affidavit, records, and damages computation.

In cases involving a personal injury and/or property damage subrogation claim, a Motion for Default Judgment shall include the following additional attachments and information: A. Affidavit including: 1. Date of the occurrence; and, 2. Amount of damages requested. B. Copies of all relevant medical bills paid, consistent with Access to Court Records Rules. C. Copies of all relevant repair estimates. D. Affidavit of Non-Military Service. E. Copies of all relevant checks, deposits, receipts, and other similar documents written by the insurance company; and, F. An attachment entitled “Computation of Damages,” showing method of computation used to arrive at the amount requested.

CRITICAL

Applies to

Notice of intention to withdraw

The notice of intent to withdraw must explain the case’s current status, scheduled hearings or pending matters, and the potential consequences of failing to act promptly or obtain new counsel.

The notice of the intention to withdraw shall include an explanation of the present status of the case, the dates of the scheduled hearings or other pending matters in the case and the potential consequences to the client’s case resulting from the failure of the client to act promptly or to secure new counsel.

CRITICAL

Applies to

Motion to withdraw

Unless an stated exception applies, an attorney may withdraw only after filing a Motion to Withdraw and giving the party ten days' notice.

Unless authorized by the party in open Court or in writing or upon appearance of other counsel, an attorney will be permitted to withdraw his appearance for a party only after filing a Motion to Withdraw and providing the party ten (10) day notice pursuant to Trial Rule 3.1(H).

CRITICAL

Applies to

Initial petition

A guardianship-opening petition must include the specified information about the proposed guardian.

The initial petition to open a guardianship shall include all the same information of the proposed guardian.

CRITICAL

Applies to

Certificate of issuance of summons

For the listed service methods, the initiating party must file a Certificate of Issuance of Summons.

A. By Certified Mail, Private Process, Sheriff (excluding the Elkhart County Sheriff), Publication, other Methods. The initiating party must file a Certificate of Issuance of Summons as set forth in section B of this Rule, below.

CRITICAL

The applicable document must notify parents of their responsibility to attempt problem-solving settlement conferences and cooperate before filing with the court.

4. That notifies the parents of their responsibility to attempt Problem Solving Settlement Conferences and Cooperation with one another before filing with the court.

CRITICAL

Applies to

Convenience fee request

To recover an e-filing convenience fee under contract, the request must include contract language showing the fee is recoverable, and the contract must be attached to an affidavit as an exhibit.

In instances where the fee is allowable under contract, the request must also be accompanied by the contract language showing the fee is recoverable. The contract shall be attached to an affidavit as an exhibit.

CRITICAL

Applies to

Motion

Before filing a proceeding supplemental while an attachment is active, the judgment creditor must first file a motion to recall it.

If a judgment creditor intends to file a proceeding supplemental while a body attachment/writ of attachment is active, the judgment creditor shall first file a motion for recall of the body attachment/writ of attachment.

CRITICAL

Applies to

Bond

Bonds filed with the Court must comply with Indiana Code 29-1-11-1 et seq.

All bonds filed with the Court shall comply with the provisions of Indiana Code 29-1-11-1 et seq.

CRITICAL

Applies to

Proposed order

Must include

caption

A proposed order must contain the proper case caption.

C. contain the proper caption of the case.

CRITICAL

Applies to

Standard financial disclosure form

A Standard Financial Disclosure Form is required when any party requests it or when Family Court Services or a Judicial Officer directs its submission.

A Standard Financial Disclosure Financial Disclosure Form is required upon request of any party or at the direction of the Elkhart Family Court Services or any Judicial Officer.

CRITICAL

Applies to

Verified motion for proceeding supplemental

A Verified Motion for Proceeding Supplemental must include a conspicuous Notice of Debtor Rights, either on the order page or on a separate page, explaining the defendant’s right to appear before a judicial officer.

All parties filing a Verified Motion for Proceeding Supplemental under Trial Rule 69 shall include either on the order page, or on a separate page a Notice of Debtor Rights, with conspicuous language as to a defendant’s right to appear before a judicial officer.

CRITICAL

Applies to

General judgment

Court costs must not be included in a general judgment and require a separate award and judgment.

Court costs shall not be added into a general judgment. A separate award and judgment for court costs is required.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court and serve all parties so the Court can address the issue before trial.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court may consider the issue and rule appropriately before trial.

CRITICAL

Applies to

Petition to open guardianship

A petition to open a guardianship must state the approximate value and describe the protected person’s or minor’s property.

All petitions to open a guardianship shall provide an approximate value and description of the property of the incapacitated person or minor.

CRITICAL

A copy of each medical bill must show each service’s date and amount, the original provider, and the person who received the service.

C. Copy of each medical bill showing the date and amount of each service, original provider, and to whom the service was provided.

CRITICAL

Applies to

Appearance form

An appearance notice may include a post office box but must include a physical street address.

The notice may include a post office box but must include a physical street address.

CRITICAL

Applies to

Notice

A published notice must describe the petition or motion and explain how to obtain a free copy.

If the notice is given by publication, the notice shall adequately describe the subject matter of the petition or motion and describe how to obtain a copy of the petition or motion without charge.

CRITICAL

Applies to

Guardianship inventory

A fiduciary must prepare an inventory in a guardianship, subject to the applicable deadline.

An inventory shall be prepared by the fiduciary in a guardianship within ninety (90) days following the date of appointment, or within thirty (30) days in the case of a temporary guardianship.

CRITICAL

Applies to

Deed

A deed submitted for Court approval in an estate or guardianship proceeding must be signed by the fiduciary and notarized before submission, unless the Court permits otherwise.

However, if a deed is submitted to the Court for approval, in either estate or guardianship proceedings, it shall be signed by the fiduciary and the signature notarized prior to its submission, unless the Court permits otherwise.

CRITICAL

Applies to

Pleading

Must include

caption, case number

Every pleading shall contain a caption setting forth the name of the Court, the title of the action and the case number. If a special judge has been assigned to the case, the pleading should also identify the special judge.

Every pleading shall contain a caption setting forth the name of the Court, the title of the action and the case number. If a special judge has been assigned to the case, the pleading should also identify the special judge.

CRITICAL

Applies to

Chronological case summary

For motor-vehicle collision cases, the chronological case summary filed with a default-judgment request must include the specified accident, medical, wage-loss, and damages documentation.

G. Motor Vehicle Collision Cases. In cases involving property damage or personal injury arising out of a motor vehicle collision, the following additional documentation or information shall be a part of the chronological case summary at the time that a request for default judgment is filed: 1. Any accident report by a law enforcement agency. 2. Medical bills for treatment of injuries consistent with Access to Court Records Rule 5. 3. An itemization of any claim for lost wages with supporting documentation. 4. An itemization of all claimed damages. 5. If the defendant was not the operator of the motor vehicle, documentation, and legal authority to support a claim against that person.

CRITICAL

The required filing must state the date the account was closed.

4. Date account was closed.

CRITICAL

Applies to

Triage questionnaire

A Triage Questionnaire is required in all Divorce, Paternity, Third Party Custody, and Grandparent Visitation cases.

The Triage Questionnaire is required in all Divorce, Paternity, Third Party Custody, and Grandparent Visitation cases:

CRITICAL

The required filing must state the date the debtor defaulted on the account or accounts.

6. Date debtor defaulted on account(s).

CRITICAL

Applies to

Guardianship accounting

Each guardianship accounting must include a financial-institution officer’s certification verifying the account balance.

All guardianship accountings shall contain a certification of an officer of any financial institution in which guardianship assets are held, verifying the account balance.

CRITICAL

Applies to

Fee petition

In a supervised estate, a fee petition must be filed and determined before any fee is paid, and fee requests are considered only in the listed circumstances.

Before any fee is paid in a supervised estate, a petition for allowance of the fee shall be filed and determined by the Court. A request for fees will be considered only under the following circumstances: 1. The Final Report is ready to be filed, or 2. As necessary for purposes of an estate fiduciary income tax deduction, or 3. As necessary due to extraordinary circumstances.

CRITICAL

Applies to

Continuance pleading or motion

A continuance request must be filed as a pleading or motion and indicate whether all other parties were contacted and their position on the request.

Parties requesting a continuance shall submit a Pleading or Motion to the Court and shall indicate whether they have contacted all other parties and shall indicate in the pleading or motion the agreement or opposition to the request for continuance.

CRITICAL

Applies to

Compensation petition

Compensation for receivers, counsel, and other court-appointed estate administrators may be allowed only on petition and any notice to creditors or interested persons that the Court directs.

In the exercise of its discretion, the Court shall determine and fix the compensation of receivers or similar officers and their counsel and the compensation of all others who may have been appointed by the Court to aid in the administration of the estate, and such allowances or compensation shall be made only on petition therefore and on such notice, if any, to creditors, and other interested persons as the Court may direct.

CRITICAL

Applies to

Initial petition or confidential information sheet

An estate-opening petition or confidential information sheet must include the specified personal representative information.

In addition to other relevant information, the initial petition, or the confidential information sheet to open an estate shall include the name, address, social security number, birth date, and telephone number of the personal representative.

CRITICAL

Applies to

Notice of claim

The plaintiff must file the written lease and any written notices of default sent to the defendant with the Notice of Claim.

B. Lease and Notices. Any written lease agreement for the real estate with the defendant, including extensions, modifications, amendments, or addendums shall be filed by the plaintiff with the Notice of Claim, along with any written notices of default that were sent to the defendant.