Fayette County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
Pleading, Motion, Brief
- After Special Judge Qualifies
Adjournments
- A hearing set after consultation with counsel may be continued only for good cause, which the Court must find.
- A continuance request must be made by written motion stating good cause, describing steps taken to notify the other parties, and providing at least five available dates.
- (3) The Court in its discretion may require that any motion for continuance shall be signed by the party requesting the same.
Request must include
Document Format Requirements17 rules
(C) Only the original of briefs and motions shall be filed except when the Court directs otherwise.
- Brief
- Motion
Formatting
- •Only the original shall be filed unless the Court directs otherwise
Orders submitted to the Court must include a copy for the Clerk and each affected party, plus additional copies for the Sheriff when needed to make a return of service.
Court's wording
(B) All orders submitted to the Court shall be sufficient in number so that one copy besides the original may be retained by the Clerk and copy for each affected party; further, if service is directed to be made by the Sheriff, a sufficient number of additional copies shall be provided in order that the Sheriff may make necessary return of service.
(H) Any party requesting the Court to return file marked copies of the pleadings and/or orders by mail shall provide the Court with a self-addressed envelope with sufficient postage.
Duplicated interrogatory forms may be filed or served only if all interrogatories are consecutively numbered and applicable to the case.
Court's wording
No mimeographed or otherwise duplicated forms containing interrogatories shall be filed or served upon a party unless all interrogatories are consecutively numbered and applicable to the cause in which the same are filed and served.
and also provided to the court in Microsoft Word format.
(B) A motion other than one made during trial or hearing shall be in writing.
- Motion
Formatting
- •Motions made during trial or hearing are excluded from the writing requirement
All stipulations must be reduced to writing and filed with the Court or made of record in open Court to the Official Court Reporter.
If counsel has been directed to submit a proposed order following a contested hearing the proposed order shall be submitted in writing and in electronic format.
The listed probate applications, proofs, accounts, and orders must comply with applicable state probate law and, as nearly as practicable, use court-prescribed forms.
Court's wording
All applications filed for appointment of personal representatives of decedent’s estate, for appointment of guardians of incompetents, proofs of wills, all partial and final accounts made and filed by trustees, personal representatives and guardians, and orders thereon, shall comply with the applicable Probate Law of this State, and, as near as practicable, they shall be made on or according to the forms prescribed by the Court.
All partial and final accounts filed by personal representatives, guardians, and trustees must be filed in duplicate.
- Partial account
- Final account
Formatting
- •Must be filed in duplicate
All inventories filed by personal representative, guardian, commissioner or trustee, must be filed with the Clerk in duplicate.
(A) All papers presented to the Clerk for filing should be flat and unfolded, and without manuscript covers.
(E) The use of mimeographed or printed forms is not encouraged and the same will be accepted for filing only if legible, clearly understandable and not in any way altered by striking over and/or erasing.
(A) All request for special instruction submitted in accordance with Rule T.R. 51 should be submitted to the Court in duplicate not later than the beginning of the final pre-trial conference. Counsel shall have the right to submit additional instructions during trial on matters which could not reasonably have been anticipated in advance of trial. Such request for special instruction shall contain citations to supporting authorities.
the vouchers showing payments of such items must, likewise, be numbered, and arranged consecutively in proper numerical sequence, so as to correspond with the items in the report
All items of credits for expenses, fees, and claims paid, and for legacies and distributive shares paid to beneficiaries, must be numbered consecutively from 1, upward
Formatting
- •Number all credit items consecutively starting with 1
By agreement of the parties, all issues and evidence relevant to a domestic relations case may be presented in summary fashion by counsel.
Document Filing Requirements86 rules
(B) Every pleading filed shall clearly identify the name, address, telephone number of the attorney or attorneys filing such pleading.
(A) Any attorney for a party shall file his/her formal written appearance for such party.
(C) Any pleading not signed by at least one attorney appearing of record as required by Rule T.R. 11 or does not comply with subparagraph (B) of this rule shall not be accepted for filing or if inadvertently accepted for filing, shall, upon discovery, be stricken from the record.
For summonses or subpoenas to be served by the Fayette County Sheriff, the attorney must attach an information sheet to the face of the process listing the specified service details; a court form is available.
Court's wording
When summons or subpoenas are to be served by the Sheriff of Fayette County, the attorney seeking to effectuate such service shall attach to the face thereof a sheet giving the Sheriff the following information (Court form available): (1) The name of the person to be served; (2) The address, as full as possible; i.e., if a County address, not only the rural route and box number but specific driving directions, landmarks, etc. (3) The type of service required; (4) Whether or not a restraining order is attached; (5) Place of employment and work shift; (6) Phone and apartment number; (7) If not at own address, name of person residing with. A form of said fact sheet is available from the court.
Counsel seeking to withdraw must file a written petition for leave that fixes the withdrawal date; these requirements are waived when the withdrawal is accompanied by another counsel’s appearance.
Court's wording
(D) Counsel desiring to withdraw their appearance in any action shall file a written petition requesting leave to do so. Such petition shall fix a date for such withdrawal and petitioning counsel shall file with the Court satisfactory evidence of at least ten days written notice to his client in advance of such withdrawal date. (E) A withdrawal of appearance when accompanied by the appearance of other counsel shall constitute a waiver of the requirements of subparagraph (D) of this rule.
(B) The party requesting notice by publication shall deliver the notice to be published to the Connersville News-Examiner and pay the cost.
A certificate of forwarding the copies to the Special Judge must be made part of the original papers.
Court's wording
(F) After a Special Judge has qualified, copies of pleadings, motions or briefs filed shall be mailed or delivered to the office of the Special Judge with certificate of forwarding same made a part of the original papers.
(D) The following motions shall be accompanied by an appropriate order: (1) Motion for Enlargement of Time; (2) Motion for A Continuance; (3) Motion for Default Judgment (4) Plaintiff's Motion for Dismissal and (5) Any Stipulated or Joint Motion and any other motions which the Court will have to rule upon.
The party requesting maintenance/support money and/or attorneys fees shall set out under oath at the time of the request the party's income from all sources and what they reasonably expect the spouse's income to be. Failure to comply may result in a denial of the request.
(C) In dissolution of marriage, custody, or support cases, affidavits shall be submitted by the parties to the Court in support of and in opposition to applications for maintenance, support money and/or attorneys fees pending trial.
Before seeking a default judgment, the required information must be presented by affidavit, including the defendant’s status, failure to appear or answer, and an itemized statement of the plaintiff’s damages.
Court's wording
(F) Before the Court will Grant a Default Judgment the following information must be presented to the Court in affidavit form: the Defendant is not an infant, incompetent or in the military service within the meaning of the Soldiers and Sailors Civil Relief Act; the Defendant has not appeared, answered or otherwise appeared as required by law; and an itemized statement detailing the Plaintiff's damages.
Counsel must file pre-trial statements covering the written matters required by Rule T.R. 16 and Appendix B and indicating compliance with those requirements.
Court's wording
(D) Counsel shall file pre-trial statements which shall include all matter required to be reduced to writing by the provisions of Rule T.R. 16 and Appendix "B" to these rules and shall indicate that all requirements of Rule T.R. 16 and Appendix "B" have been complied with.
(B) The attorney representing the custodial parent shall, wherever support is established, modified or enforced, prepare a separate order in compliance with I.C. 31-2-10.
(A) Any Ruling, Order, Judgment, or Decree requested by the Court either explicitly or implied to be prepared by one of the attorneys in a case shall be prepared and submitted to the Judge for approval within two weeks of the request.
Such request for special instruction shall contain citations to supporting authorities.
A writ of attachment for an absent witness will be issued only after the absent witness has been called in open Court and an affidavit filed showing the materiality of the testimony of such witness and what it is expected to prove by him, and that he has been duly served with process more than twenty-four (24) hours before the calling of such witness, unless otherwise ordered by the Court.
If the Court conducts the voir dire examination, counsel desiring any particular interrogations or questions shall submit the same to the Court in writing at least twenty-four (24) hours before commencement of trial.
In any case where a special finding by the Court is requested, each party, plaintiff or defendant in such case, or his attorney, must submit to the Court a form of special finding embracing all the facts which he claims to have been proved, and the conclusions of law thereon, within ten (10) days after the conclusion of the trial of such case, unless further time is granted by the Court by proper order.
(B) Indiana Pattern Jury Instructions shall be used where applicable.
The parties shall utilize jury questionnaires which shall be sent to and filled out by prospective jurors prior to trial and counsel shall not use voir dire time to question prospective jurors as to matters specifically covered by such questionnaires.
Admissions, agreements or stipulations in a cause, at the trial prior thereto, will not be enforced nor the time of the Court be permitted to be used in discussing them, unless the same are reduced to writing and filed with the Court or made of record in open Court to the Official Court Reporter.
(2) Third or subsequent motions for continuances by a party shall contain the signature of the party or parties making the request, as well as counsel's.
The annual transcript-fee report must cover fees for the specified transcript preparations and use forms prescribed by the Office of Judicial Administration.
Court's wording
(7) Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Office of Judicial Administration.
A court reporter must submit a claim directly to the county for preparing a county indigent transcript.
Court's wording
(2) The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $4.25; the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.
If a court reporter uses court equipment, workspace, or supplies for private deposition work with the court’s agreement, the parties must enter a written agreement that specifies at least the reasonable market rate for their use.
Court's wording
(1) If a court reporter elects to engage in private practice through recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, work space and supplies, and the court agrees to the use of the court equipment for such purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: (a) The reasonable market rate for the use of equipment, work space and supplies;
The supervising court must enter into a written agreement specifying how court reporters are compensated for gap and overtime hours, either monetarily or with compensatory time off.
Court's wording
(1) Court Reporters shall be paid an annual salary for time spent working under the control, direction and direct supervision of their supervising court during any regular work hours, gap hours or overtime hours. The supervising court shall enter into a written agreement with the court reporters which outlines the manner in which the court reporter is to be compensated for gap and overtime hours, i.e. monetary compensation or compensatory time off regular work hours.
A party requesting findings under T.R. 52 must submit proposed findings within 10 days after the hearing, or waive the request.
Court's wording
When a party makes a written request for Findings of Facts and Conclusion of Law pursuant to T.R. 52, the requesting party shall submit to the trial court within 10 days of the conclusion of the hearing its proposed Findings of Fact and Conclusion of Law. Failure to submit proposed findings will constitute a waiver on the part of the requesting party.
Counsel seeking to withdraw must file a motion fixing a hearing time and evidence of at least ten days’ written notice to the client.
Court's wording
Counsel desiring to withdraw their appearance shall file a motion requesting leave to do so. Such motion shall fix a time (to be procured from the Court) for the motion to be heard. Counsel shall also file with the Court satisfactory evidence of at least ten (10) days written notice of the motion to his client.
Before release or admission to bail, an arrested person must sign three copies of an appearance notice acknowledging the next scheduled Initial Hearing date.
Court's wording
Should an arrested person be released from custody or admitted to bail prior to his first court appearance, such person shall sign three copies of an appearance notice, acknowledging that he will appear in court on the next scheduled Initial Hearing date provided to the arrested person when leaving custody. No person shall be released from custody or admitted to bail until such appearance notice is completed and signed by the person being released.
Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, and by signing and filing a written appearance.
It shall state the grounds upon which it is made and shall set forth the relief or order sought. It shall be signed by an attorney of record or the defendant personally and shall clearly identify the name and address of any attorney filing the same.
Jury trials in felonies shall only be waived by the defendant in open Court or by verified pleading signed by the defendant, or as the Court may otherwise direct.
When the defendant has failed to appear and the Court has issued a Bench Warrant and ordered the bondsman to surrender the Defendant, the State of Indiana is to prepare a proposed order concerning late surrender fee and bond forfeiture at the appropriate time for the Court’s review when the bondsman has failed to produce the Defendant.
- Document
- Failure to appear proceeding
Include
- •Proposed order
All Individuals and agencies providing service for a child or family that is the subject of a Delinquency or CHINS Petition shall provide at least monthly reports.
The approved case plan must be filed with the Court.
Proof of Notice of any hearing required to be served by the caseworker or probation worker shall be filed with the Court immediately after service has been made.
The parents, under penalties for contempt, shall furnish the caseworker or officer with the necessary income information including the name and case number of any case where they are paying or receiving child support.
The probation officer or caseworker must file a completed child support worksheet.
Court's wording
The probation officer or caseworker shall, within 3 days after a detention hearing or after a child has been removed or 3 days prior to a hearing whichever date occurs first, file a completed child support worksheet so that the Court may enter an order requiring the parents to pay for services as required by statute.
When submitting a Final Decree and Property Settlement, the parties shall submit sufficient copies of each for the Court to retain an original and copy of each and provide copies to all counsel of record.
The Stipulation or Joint Petition shall be separate and apart from the Order and shall not be combined in one pleading.
The opposing party must provide the petitioning party or counsel a completed Financial Declaration Form with all required attachments.
Court's wording
The opposing party shall provide to the petitioning party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within fifty (50) days of the filing of the petition/motion.
The proposed Order shall specifically state that the Court is deviating from the Child Support Guidelines and set forth the reasons for such deviation.
An Income Withholding Order must accompany a Settlement Agreement or Final Decree unless the parties instead submit a written alternative-support agreement or include the specified good-cause determination and reasons in the proposed Decree.
Court's wording
In all proceedings involving child support, an Income Withholding Order shall be submitted with any Settlement Agreement or Final Decree pursuant to Indiana Code 31-16-15-1 or the parties shall: Submit a written agreement providing for an alternative child support arrangement; or provide within the proposed Decree that “the Court determines that good cause exists not to require immediate income withholding” and stating the specific reasons therefore.
Child Support Worksheets shall be promptly supplemented if changes occur prior to trial.
In all relevant family law matters, including dissolutions of marriage, separations, post- decree and support proceedings, the party filing the petition/motion shall provide to the opposing party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form (available from the Court) with all required attachments within forty-five (45) days of the filing of such petition/motion.
If an agreement concerning support provides any deviation from the Guidelines, the parties shall present to the Court a written explanation, with supporting documentation, justifying the deviation.
A Joint Petition for Modification or Stipulation for Agreed Entry of Modification shall specifically set forth the basis and reasons for such modification which meet the statutory requirements for such modification.
In all proceedings involving child support, including any petition to emancipate where there is more than one child, each party shall file with any settlement, or submit to the Court at the time a petition is filed, one or more Indiana Child Support Guidelines worksheets with supporting documentation.
An agreed modification entry will not be approved by the Court without a petition for modification having first been filed.
The Financial Declaration Form is mandatory discovery and must be supplemented when information changes, is added, or becomes available; other discovery must wait until the form is exchanged and may not repeat information already obtained through it.
Court's wording
The exchange of financial declaration forms constitutes mandatory discovery. Thus, Indiana Trial Rule 37 sanctions apply. Additionally, pursuant to Indiana Trial Rule 26(E) (2) and (3), the Financial Declaration Form shall be supplemented if information changes or is added or if additional material becomes available. Any additional discovery such as Requests for Production, Interrogatories, or Depositions of the parties to the action shall not commence until the Financial Declaration Form has been exchanged. Any further discovery shall not seek to obtain information already obtained by the Financial Declaration Form.
Each party must attach reasonably required and reasonably available supporting information to the Financial Declaration Form; appraisals and valuations are not required unless obtained or ordered, but any appraisal or valuation obtained must be exchanged.
Court's wording
For the purpose of providing a full and complete verification of assets, liabilities and values, each party shall attach to the Financial Declaration Form all information reasonably required and reasonably available. This shall include recent bills, wage and tax records, bank records, pension and retirement account information, and mortgage account records. The term "reasonably available" means that material which may be obtained by letter accompanied with an authorization, but such term does not mean material that must be subpoenaed or is in the possession of the other party. Appraisals of real estate or personal property, or pension valuations are not required. However, once an appraisal or valuation is obtained it must be exchanged. Further, the Court may direct that an appraisal or valuation be obtained, just as it may designate the appraiser or valuator. The Court may require either party to supplement the Financial Declaration Form with appraisals, bank records, and other evidence to support the values set forth in the Form.
The Clerk’s notice must substantially include the specified advice about the parties’ Financial Declaration Form obligations, deadlines, and potential sanctions.
Court's wording
Such Notice shall be in a form substantially as follows: You are advised that the moving party is required to provide to the opposing party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within forty-five (45) days of the filing of such petition/motion. The opposing party shall provide to the petitioning party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within fifty (50) days of the filing of the petition/motion. Failure to timely provide a fully completed Financial Declaration Form with all required attachments may be result in sanctions being entered against the party failing to file the Form.
Subject to the provisions of Ind. Trial Rule 65, in an action for dissolution of marriage, legal separation or child support, the Court may issue a Temporary Restraining Order, without hearing or security, if either party files a verified petition alleging an injury would result to the moving party if no immediate order were issued.
Filing & Service rules
Electronic Filing Rules
Proposed findings must be filed electronically.
The proposed findings must be filed electronically
Page 19 | LR21-TR52-28 FINDINGS OF FACT AND CONCLUSION OF LAW
Attorneys must e-file in Fayette County.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
A motion or application requiring Court action must be brought to the Judge’s attention within five days after filing; otherwise, the Judge may defer ruling until the pre-trial conference.
(A) The filing of any motion, or application requiring action or ruling by the Court, with the Clerk of the Court, shall be brought to the attention of the Judge within five (5) days following such filing. If such notice is not given the Judge within prescribed time the Judge may defer ruling on such motion until the pre-trial conference.
Page 8 | LR21-TR8-9
A court-requested ruling, order, judgment, or decree must be prepared and submitted within two weeks of the request.
(A) Any Ruling, Order, Judgment, or Decree requested by the Court either explicitly or implied to be prepared by one of the attorneys in a case shall be prepared and submitted to the Judge for approval within two weeks of the request.
Page 9 | ORDERS AND JUDGMENTS
Pre-trial statements must be filed with the Court at least two days before the pre-trial conference.
Such statement shall be filed with the Court at least two (2) days prior to the pre-trial conference with the Court.
Page 9 | PRE-TRIAL CONFERENCES
A requested special-finding form is due within 10 days after trial concludes, unless the Court grants additional time by proper order.
In any case where a special finding by the Court is requested, each party, plaintiff or defendant in such case, or his attorney, must submit to the Court a form of special finding embracing all the facts which he claims to have been proved, and the conclusions of law thereon, within ten (10) days after the conclusion of the trial of such case, unless further time is granted by the Court by proper order.
Page 11
When the Court conducts voir dire, requested questions must be submitted at least 24 hours before trial begins.
If the Court conducts the voir dire examination, counsel desiring any particular interrogations or questions shall submit the same to the Court in writing at least twenty-four (24) hours before commencement of trial.
Page 11
Court reporters must report the specified transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.
(7) Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Office of Judicial Administration.
Page 18 | Salaries and Per Page Fees
The requesting party must submit proposed findings within 10 days after the hearing concludes.
When a party makes a written request for Findings of Facts and Conclusion of Law pursuant to T.R. 52, the requesting party shall submit to the trial court within 10 days of the conclusion of the hearing its proposed Findings of Fact and Conclusion of Law.
Page 19 | LR21-TR52-28 FINDINGS OF FACT AND CONCLUSION OF LAW
An attorney must sign and file a written appearance immediately upon being retained or appointed to represent a defendant.
Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, and by signing and filing a written appearance.
Page 23 | APPEARANCE OF COUNSEL
Criminal Code deadlines for motions and defenses must be strictly followed unless they directly conflict with Indiana Supreme Court rules, which then govern.
(A) Criminal Code deadlines for filing motions and raising defenses shall be strictly followed, except where in direct conflict with rules adopted by the Indiana Supreme Court. And in such cases, the Rules of the Supreme Court shall govern.
Page 24 | MOTIONS
Objections to discovery must be filed within five days after the initial hearing or after a discovery request or motion is made.
(J) Objections to discovery shall be filed with the Court within five (5) days after the initial hearing or any request or motion for discovery is made.
Page 26
A party must file a jury request 17 to 28 days before trial; an untimely request may result in a continuance, and the Court may call a jury on its own motion.
The Court will not summons a jury unless a party has filed a request to call a jury no more than) twenty-eight (28) days but no less than seventeen (17) days prior to the trial. Failure to timely file a request may result in a continuance of the jury trial on the Court’s own motion. Nothing in this rule is intended to prevent the Court from calling a jury on its own motion.
Page 27 | LR21-CR00-CR- 16 REQUEST TO CALL A JURY
All reports that are required to be filed with the Court or are filed with the Court shall be filed at least 7 days prior to the hearing
All reports that are required to be filed with the Court or are filed with the Court shall be filed at least 7 days prior to the hearing
Page 29 | LR21-JV00-3 REPORTS
For a hearing set with less than 10 days’ notice, the report must be provided to the Court and the listed individuals within 4 days of the hearing date and no later than 2 hours before the hearing.
If the hearing was set with less than 10 days notice then the report shall be provided to the Court and the above individuals within 4 days of the date of the hearing but no later than 2 hours prior to the hearing.
Page 29 | LR21-JV00-3 REPORTS
The probation officer or caseworker must file a completed child support worksheet within the specified 3-day period, using whichever of the listed dates occurs first.
The probation officer or caseworker shall, within 3 days after a detention hearing or after a child has been removed or 3 days prior to a hearing whichever date occurs first, file a completed child support worksheet so that the Court may enter an order requiring the parents to pay for services as required by statute.
Page 30 | LR21-JV00-8 CHILD SUPPORT WORKSHEET
Proof of notice must be filed immediately after service is made.
Proof of Notice of any hearing required to be served by the caseworker or probation worker shall be filed with the Court immediately after service has been made.
Page 30 | LR21-JV00-7 NOTICE OF HEARING
Each party must give the Court written notice of qualifying pending legal proceedings before any preliminary hearing or within 30 days after service of a petition seeking relief, whichever occurs first.
Prior to any preliminary hearing or within thirty (30) days after service of any petition seeking relief in any family law matter, whichever shall first occur, each party shall provide the Court with written notice of any other pending legal proceeding in which such person is a party wherein the other pending legal proceeding involves an issue or allegation of domestic violence, spousal abuse, child abuse, protective order, restraining order, or any criminal charges.
Page 31 | LR21-FL00-3 SPECIFIC DISCLOSURE REQUIREMENTS
Child Support Guidelines worksheets and supporting documentation must accompany any settlement or be submitted to the Court when the petition is filed.
In all proceedings involving child support, including any petition to emancipate where there is more than one child, each party shall file with any settlement, or submit to the Court at the time a petition is filed, one or more Indiana Child Support Guidelines worksheets with supporting documentation.
Page 32 | LR21-FL00-5 CHILD SUPPORT GUIDELINES
If changes occur before trial, the worksheets must be supplemented promptly.
Child Support Worksheets shall be promptly supplemented if changes occur prior to trial.
Page 32 | LR21-FL00-5 CHILD SUPPORT GUIDELINES
For final accounts, the hearing date must be at least 14 days after the notice is first published.
If the notice requires a hearing date the personal representative shall clear the date with the Court prior to giving the notice to the Clerk except for final accounts which date shall be at least fourteen (14) days after the notice is first published.
Page 40 | LR21-PR00-4 NOTICES
Requests for special instructions should be submitted no later than the beginning of the final pre-trial conference, with additional instructions permitted during trial for matters that could not reasonably have been anticipated.
(A) All request for special instruction submitted in accordance with Rule T.R. 51 should be submitted to the Court in duplicate not later than the beginning of the final pre-trial conference. Counsel shall have the right to submit additional instructions during trial on matters which could not reasonably have been anticipated in advance of trial. Such request for special instruction shall contain citations to supporting authorities.
Page 10 | TRIALS
Opposing parties may submit proposed findings within 20 days after the hearing concludes.
Opposing parties may submit proposed findings within 20 days following the conclusion of the hearing.
Page 19 | LR21-TR52-28 FINDINGS OF FACT AND CONCLUSION OF LAW
Service and Proof of Service Rules
Counsel seeking to withdraw must give the client written notice at least ten days before the withdrawal date and file satisfactory evidence of that notice; this requirement is waived when another counsel appears with the withdrawal.
(D) Counsel desiring to withdraw their appearance in any action shall file a written petition requesting leave to do so. Such petition shall fix a date for such withdrawal and petitioning counsel shall file with the Court satisfactory evidence of at least ten days written notice to his client in advance of such withdrawal date. (E) A withdrawal of appearance when accompanied by the appearance of other counsel shall constitute a waiver of the requirements of subparagraph (D) of this rule.
Page 6 | LR21-TR3.1-5 APPEARANCES
Proof of service required by Rule T.R. 5 must be a signed written acknowledgment, a signed certificate from the serving party’s attorney of record, or an affidavit from another person.
(D) Proof of service required by Rule T.R. 5 shall be made by: (1) written acknowledgment of service signed by the party served or his attorney of record; (2) a written certificate of service signed by the attorney of record for the serving party; or (3) an affidavit of service by any other person.
Page 7 | LR21-TR4-8
An attorney who prepares an order on their own initiative or at the Court’s request must serve a copy on out-of-county attorneys.
The attorney preparing an order on his own initiative or at the Court's request shall serve a copy of such order upon out of county attorneys.
Page 7 | LR21-TR4-8
Unless the Court orders otherwise, a copy of any written communication to the Court concerning a case with adverse parties must be sent to opposing counsel or appearing unrepresented parties.
(E) Unless otherwise ordered by the Court, a copy of any letter, paper or other written communication to the Court concerning a case with adverse parties shall be sent to opposing counsel or unrepresented parties who appear in said cause.
Page 8 | LR21-TR8-9
The application or affidavit must be served on opposing counsel so that counsel receives it at least 24 hours before the related scheduled hearing.
Any such application and/or affidavit shall be served on opposing counsel in such a manner as to be received by such counsel at least 24 hours prior to any scheduled hearing to which such papers relate.
Page 8 | LR21-TR8-9
For a writ of attachment for an absent witness, the witness must be served with process more than 24 hours before being called, unless the Court orders otherwise.
A writ of attachment for an absent witness will be issued only after the absent witness has been called in open Court and an affidavit filed showing the materiality of the testimony of such witness and what it is expected to prove by him, and that he has been duly served with process more than twenty-four (24) hours before the calling of such witness, unless otherwise ordered by the Court.
Page 11
Counsel must give the client at least ten days’ written notice of a motion to withdraw and file satisfactory evidence of that notice with the court.
Counsel shall also file with the Court satisfactory evidence of at least ten (10) days written notice of the motion to his client.
Page 23 | WITHDRAWAL OF COUNSEL
A copy of the signed notice shall be given by the Sheriff to the court, the arrested person and the Sheriff shall retain a copy.
A copy of the signed notice shall be given by the Sheriff to the court, the arrested person and the Sheriff shall retain a copy.
Page 23 | COURT APPEARANCE
The State must disclose specified witness, defendant, and grand-jury materials to the defendant by the earlier stated deadline, subject to exceptions.
(A) The State of Indiana shall disclose to the Defendant not less than fourteen (14) days prior to the omnibus date or forty-five (45) days after the entry of a plea whichever comes first, except as otherwise provided, the following material and information within its possession or control: (1) The names and last known addresses of persons whom the State may call as witnesses, together with their relevant written or recorded statements, memoranda containing substantially verbatim reports of their oral statements and a list of memoranda reporting or summarizing their oral statements. (2) Any written or recorded statements and the substance of any oral statements made by the accused or by a co-defendant, and a list of witnesses to the making and acknowledgment of such statements. (3) A transcript of those portions of grand jury minutes containing testimony of persons whom the prosecuting attorney may call as witnesses at the hearing or trial, as designated by the defense after listening to the recording of the testimony.
Page 24 | CRIMINAL DISCOVERY
The Defendant must disclose the listed discovery materials to the State by the earlier applicable deadline: at least seven days before the omnibus date or 55 days after entry of a plea.
(B) Subject to Constitutional limitations, the Defendant shall disclose to the State, not less than seven (7) days prior to the omnibus date or fifty-five (55) days after the entry of a plea whichever comes first, the following material and information within its possession or control: (1) The names and addresses of persons whom the Defendant may call as witnesses along with a summary of their testimony and record of prior criminal convictions. (2) Any books, papers, documents, photographs or tangible objects which are intended to be used at a hearing or trial. (3) Any medical or scientific reports relating to Defendant or Defendant's evidence which may be used at a hearing or trial. (4) Any defenses, procedural or substantive, the Defendant intends to make at a hearing or trial.
Page 25
Reports must promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer, and attorneys.
All reports that are required to be filed with the Court or are filed with the Court shall be filed at least 7 days prior to the hearing and shall promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer and attorneys.
Page 29 | LR21-JV00-3 REPORTS
For a hearing set with less than 10 days’ notice, the report must be provided to the listed individuals within 4 days of the hearing date and no later than 2 hours before the hearing.
If the hearing was set with less than 10 days notice then the report shall be provided to the Court and the above individuals within 4 days of the date of the hearing but no later than 2 hours prior to the hearing.
Page 29 | LR21-JV00-3 REPORTS
Monthly service-provider reports must be provided to the Office of Family and Children, Probation Department, CASA, parents, foster parents, and attorneys.
The monthly reports are to be provided to the Office of Family and Children, Probation Department, CASA, parents, foster parents, and attorneys.
Page 29 | LR21-JV00-4 SERVICE PROVIDER REPORT
Notice of a case conference must be given immediately to the parent, foster parents, CASA, and anyone else necessary for the conference.
Notice must be given immediately to the parent, foster parents, CASA and anyone else necessary for the conference to be a success.
Page 30 | LR21-JV00-5 CASE MANAGER
Before a Body Attachment may issue, the party must establish personal service of a Rule to Show Cause containing the stated warning, or show that the nonappearing person was present in court when the hearing was set.
Before a Body Attachment may be issued a party must establish have personal service on the adverse party of a Rule to Show Cause stating that a failure to appear may results in a body attachment or otherwise show that the non appearing person was present in court at the time the hearing was set.
Page 31 | LR21-FL00-2 ADMINISTRATIVE PROCEDURES
Child Support Worksheets intended for introduction at trial or final hearing must be exchanged by the parties or counsel at least seven days before trial.
Child Support Worksheets intended to be introduced at trial or final hearing shall be exchanged by the parties or counsel at least seven (7) days prior to trial.
Page 32 | LR21-FL00-5 CHILD SUPPORT GUIDELINES
The party filing a petition or motion must provide the opposing party or counsel with the completed Financial Declaration Form and attachments within 45 days after filing.
In all relevant family law matters, including dissolutions of marriage, separations, post- decree and support proceedings, the party filing the petition/motion shall provide to the opposing party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form (available from the Court) with all required attachments within forty-five (45) days of the filing of such petition/motion.
Page 32 | LR21-FL00-6 FINANCIAL DECLARATION FORM
The response Child Support Worksheet and supporting documents must be provided to the other party or counsel at least 48 hours before the provisional hearing, unless reasonable circumstances prevent it, in which case they must be provided at the earliest opportunity.
A response Child Support Worksheet with supporting documents shall be provided to the other party or to opposing counsel as the case may be, at least forty-eight (48) hours prior to the provisional hearing, unless reasonable circumstances prevent doing so and then such Child Support Worksheet shall be provided to the other party or opposing counsel at the earliest opportunity.
Page 32 | LR21-FL00-5 CHILD SUPPORT GUIDELINES
The opposing party must provide the petitioning party or counsel with a completed Financial Declaration Form and attachments within 50 days after the petition or motion is filed.
The opposing party shall provide to the petitioning party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within fifty (50) days of the filing of the petition/motion.
Page 32 | LR21-FL00-6 FINANCIAL DECLARATION FORM
When a covered family law matter is filed, the Clerk must provide the required notice to the moving party upon filing and serve it on the non-moving party.
Upon the filing of any family law matter referred to in Rule 6(A), the Clerk shall provide to the moving party upon filing and to the non-moving party by service a Notice of the requirement of this Rule.
Page 34
The moving party must provide the opposing party a completed Financial Declaration Form with required attachments within 45 days after the petition or motion is filed.
You are advised that the moving party is required to provide to the opposing party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within forty-five (45) days of the filing of such petition/motion.
Page 34
The opposing party must provide the petitioning party a completed Financial Declaration Form with required attachments within 50 days after the petition or motion is filed.
The opposing party shall provide to the petitioning party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within fifty (50) days of the filing of the petition/motion.
Page 34
At least 14 days before a provisional or modification hearing, the parties must exchange specified recent income and benefits records.
At least fourteen (14) days before the scheduled provisional or modification hearing, the parties shall exchange their three (3) most recent pay stubs, most recent W-2 and tax return, 1099's for income earned, and any documentation as to unemployment compensation or disability pay received within the last year
Page 37 | LR21-FL00-12 CHILD SUPPORT ORDERS
Post-dissolution pleadings must be served on a party whose representation has ended in accordance with the Indiana Rules of Trial Procedure.
The service of any post dissolution pleadings upon any party not represented by counsel pursuant to the above paragraph shall be made upon that person pursuant to Indiana Rules of Trial Procedure.
Page 39 | TERMINATION OF REPRESENTATIVE CAPACITY
Any notice which is required to be given shall be prepared by the personal representative in a sufficient number so that the Clerk may make publication where required and to mail copies to all persons entitled to the same.
Any notice which is required to be given shall be prepared by the personal representative in a sufficient number so that the Clerk may make publication where required and to mail copies to all persons entitled to the same.
Page 40 | LR21-PR00-4 NOTICES
If notice is to be published, the personal representative must deliver a copy to the Connersville News-Examiner after paying the costs.
If notice is to be made by publication, the personal representative shall deliver a copy to the Connersville, News-Examiner after payment of costs.
Page 40 | LR21-PR00-4 NOTICES
A Fayette County attorney may be served by leaving a copy in the space provided in the Court’s or Clerk’s office, and attorneys are responsible for checking their space.
(G) Service may be made on any Fayette County attorney by leaving a copy of the pleading, motion, order, etc. in the space provided by the Court in the Court's office or Clerk’s office. It will be the responsibility of the attorneys to check their space.
Page 7 | LR21-TR4-8
It is the responsibility of the party requesting service to ascertain that proper service was obtained. If there is a question concerning service, that question should be brought to the Court's attention for a ruling.
It is the responsibility of the party requesting service to ascertain that proper service was obtained. If there is a question concerning service, that question should be brought to the Court's attention for a ruling.
Page 7 | LR21-TR4-8
If service fails for any reason while a hearing is scheduled, the Court will vacate the hearing date without notice.
If service failed for any reason and a hearing is scheduled the Court will vacate the hearing date without notice.
Page 7 | LR21-TR4-8
The clerk must provide both parties with a copy of the rule.
The clerk is directed to provide a copy of this rule to both parties.
Page 38 | LR21-FL00-13 HELPING CHILDREN COPE WITH DIVORCE
Filing Fees and Waivers
A party requesting notice by publication must pay the cost of publication.
(B) The party requesting notice by publication shall deliver the notice to be published to the Connersville News-Examiner and pay the cost.
Page 6 | LR21-TR00-6 FILING FEES
The party commencing or reopening a civil action must pay the Clerk the filing amount fixed by law.
(A) The party commencing or reopening a civil action, shall pay to the Clerk of the Court the amount fixed by law.
Page 6 | LR21-TR00-6 FILING FEES
Publication costs must be paid before a notice is published.
Publication costs shall be paid before any notice will be published.
Page 40 | LR21-PR00-3 PAYMENT OF COSTS
Costs associated with or due before filing an inheritance tax return must be paid before the Court signs an order determining tax.
Any costs associated with or due prior to the filing of an Inheritance Tax Return shall be paid prior to the Court signing an order determining tax.
Page 40 | LR21-PR00-3 PAYMENT OF COSTS
A person may apply for copies of pleadings or orders held by the Clerk, at the requesting party’s expense.
On application of any person, the Clerk of the Court shall make copies of any pleading or order in his/her custody at the expense of the party requesting the same.
Page 13 | LR21-AR10-21 COPIES OF PLEADINGS AND OTHER DOCUMENTS FURNISHED BY THE CLERK
Copies may be made by the Court for 25 cents per page.
(C) Copies may be made by the Court at 25 cents a page.
Page 14 | LR21-AR00-24 LAW LIBRARY
Courtesy Copy Requirements
After a Special Judge qualifies, copies of filed pleadings, motions, and briefs must be mailed or delivered to that Judge’s office.
(F) After a Special Judge has qualified, copies of pleadings, motions or briefs filed shall be mailed or delivered to the office of the Special Judge with certificate of forwarding same made a part of the original papers.
Page 7 | LR21-TR4-8
Any copy served upon original counsel will be deemed to be a matter of professional courtesy only; however, such professional courtesy is encouraged and if a courtesy copy of such petition is sent to a representative, whether terminated or not, such shall be shown on a certificate of service.
Any copy served upon original counsel will be deemed to be a matter of professional courtesy only; however, such professional courtesy is encouraged and if a courtesy copy of such petition is sent to a representative, whether terminated or not, such shall be shown on a certificate of service.
Page 39 | TERMINATION OF REPRESENTATIVE CAPACITY
Sealing & Redaction Procedures
Security-camera recordings are confidential and unavailable to the public unless a court order allows access.
Pursuant to Indiana Judicial Conduct Rule 2.17(1), security cameras shall be allowed in the courtroom for administrative purposes. According to Indiana Rules of Court, Rules on Access to Court Records Rules 94(D) and 5(D) (2), Fayette Circuit and Superior courts declare the recordings from the security cameras confidential and excluded public access to the recordings unless a court order allows access.
Page 19 | LR21-AR00-29 SECURITY CAMERAS IN THE COURTROOM
When privacy requires, a party may request by proper motion that Financial Declaration Forms be sealed; such requests should not be routine, and sealed forms must be placed flat in a sufficiently large sealed envelope with a copy of the sealing order, with withdrawal at case conclusion subject to the Court’s terms.
Whenever the interest of privacy so requires, the Court may, upon proper Motion, direct that the Financial Declaration Form(s) be sealed until further order of the court. However, such request(s) shall not be made as a matter of course. When ordered sealed, the Court Reporter shall place the Financial Declaration Form(s) in a flat manner in an envelope of sufficient size, seal the envelope, and affix a copy of the Order directing that the Financial Declaration Form(s) be placed under seal. Financial Declaration Form(s) may be withdrawn at the conclusion of the case on such terms as the Court may allow.
Page 33
Adjournment & Extension Requirements
A continuance request must be made by written motion stating good cause, describing steps taken to notify the other parties, and providing at least five available dates.
(1) A request for a continuance shall be by written motion stating good cause. The Motion shall indicate what steps have been taken to notify the other parties of the request and shall indicate at least five (5) dates that the parties have available to which the cause may be continued.
Page 15 | Continuances
A hearing set after consultation with counsel may be continued only for good cause, which the Court must find.
Hearings set after consulting with counsel will not be continued except for good cause. "Good cause" as used herein shall require a finding of such by the Court.
Page 14 | LR21-TR40-25 SCHEDULING (A) General Provisions
(3) The Court in its discretion may require that any motion for continuance shall be signed by the party requesting the same.
(3) The Court in its discretion may require that any motion for continuance shall be signed by the party requesting the same.
Page 15 | Continuances
Chambers Communication Rules
The Court fixes hearing times, and a motion or application notice must not specify a hearing date without the Court’s authorization.
(B) The time of hearing motions and applications shall be fixed by the Court. Dates of hearing shall not be specified in the notice of the motion or application without authorization of the Court.
Page 8 | LR21-TR8-9
The State and the Defendants shall advise the Court of facts relevant in determining the order of cases on the trial calendar.
The State and the Defendants shall advise the Court of facts relevant in determining the order of cases on the trial calendar.
Page 24 | TRIAL
Before the evaluator issues a report, counsel may contact the evaluator only to arrange the client’s appointment; counsel must not otherwise communicate or send records, and the party must provide requested information.
Other than making contact with the office of the custodial evaluator to arrange for the client’s appointment with the custodial evaluator, counsel shall not initiate contact or otherwise communicate with the custodial evaluator until the custodial evaluator’s report has been issued. Prohibited contact or communication shall include the sending of school records, medical records, affidavits, reports, or any other type of written record by the attorney to the custodial evaluator. Information which may be requested by the custodial evaluator shall be delivered or otherwise presented to the evaluator by the party and not counsel.
Page 38 | LR21-FL00-14 CONTACT WITH CUSTODIAL EVALUATORS
For a notice requiring a hearing date, the personal representative must clear the date with the Court before giving the notice to the Clerk, subject to the separate timing rule for final accounts.
If the notice requires a hearing date the personal representative shall clear the date with the Court prior to giving the notice to the Clerk except for final accounts which date shall be at least fourteen (14) days after the notice is first published.
Page 40 | LR21-PR00-4 NOTICES
In cases not otherwise provided for, the parties should advise the Court at pretrial.
In all other cases not otherwise provided, the parties should advise the Court at the pre-trial.
Page 24 | MOTIONS
If the evaluator contacts counsel before issuing the report, counsel should promptly inform opposing counsel and describe the specific dialogue.
In the event the custodial evaluator should contact counsel before the evaluator’s report has been issued, such fact should be promptly conveyed to opposing counsel indicating the specific dialogue between counsel and the custodial evaluator.
Page 38 | LR21-FL00-14 CONTACT WITH CUSTODIAL EVALUATORS
Following the issuance of the evaluator’s report, the evaluator shall be deemed a witness and counsel shall be permitted ex parte communication with the evaluator at counsel’s/client’s expense.
Following the issuance of the evaluator’s report, the evaluator shall be deemed a witness and counsel shall be permitted ex parte communication with the evaluator at counsel’s/client’s expense.
Page 38 | LR21-FL00-14 CONTACT WITH CUSTODIAL EVALUATORS
Contact the local court directly with questions about jury duty, upcoming court dates, or copies of documents unavailable online.
Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts