Fayette County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Approved case plan

The approved case plan must be filed with the Court.

The approved case plan must be filed with the Court.

CRITICAL

Applies to

Stipulation or joint petition for modification

The Stipulation or Joint Petition must be separate from the Order and may not be combined with it in one pleading.

The Stipulation or Joint Petition shall be separate and apart from the Order and shall not be combined in one pleading.

CRITICAL

Applies to

Affidavit

A writ of attachment for an absent witness requires the witness to have been called in open court, a filed affidavit establishing the testimony's materiality and expected proof, and service of process more than 24 hours before the witness is 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.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions for enlargement of time, continuance, default judgment, plaintiff’s dismissal, stipulated or joint motions, and any other motion requiring a Court ruling must be accompanied by an appropriate order.

(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.

CRITICAL

Counsel seeking to withdraw must file a motion fixing a hearing time and evidence of at least ten days’ written notice to the client.

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.

CRITICAL

Applies to

Financial declaration form

The opposing party must provide the petitioning party or counsel a completed Financial Declaration Form with all required attachments.

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.

CRITICAL

Applies to

Proof of notice

Proof of notice for a hearing served by the caseworker or probation worker must be filed with the Court immediately after service.

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.

CRITICAL

Applies to

Transcript fee report

The annual transcript-fee report must cover fees for the specified transcript preparations and use forms prescribed by the Office of Judicial Administration.

(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.

CRITICAL

Applies to

Pretrial statement

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.

(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.

CRITICAL

Applies to

Petition to sell real estate

A petition seeking an order to sell real estate must accurately describe the property, state at least one statutory ground, and comply with IC 29-1-15-11 et seq.

All petitions filed for the purpose of procuring an order to sell real estate, in addition to accurately describing the real estate to be sold, shall state one or more statutory grounds as the basis therefore, and shall in all respects comply with the provisions of IC 29-1-15-11, et seq.

CRITICAL

Applies to

Original papers

A certificate of forwarding the copies to the Special Judge must be made part of the original papers.

(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.

CRITICAL

Applies to

Admissions agreements stipulations

Admissions, agreements, and stipulations will not be enforced or discussed using court time unless they are written and filed or made of record in open court to the Official Court Reporter.

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.

CRITICAL

Applies to

County indigent transcript claim

A court reporter must submit a claim directly to the county for preparing a county indigent transcript.

(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.

CRITICAL

Applies to

Proposed order

The proposed Order must state that the Court is deviating from the Child Support Guidelines and give the reasons for the deviation.

The proposed Order shall specifically state that the Court is deviating from the Child Support Guidelines and set forth the reasons for such deviation.

CRITICAL

An applicant seeking a no-notice restraining order evicting a spouse must satisfy the stated factual and abuse-evidence criteria, and the movant must be available to testify unless the stated exception applies, including certification of why notice cannot be given.

A Restraining Order without notice which would evict a spouse from the marital residence may be issued only upon the following bases: there are alleged specific facts indicating more than a generalized fear of an adverse action; and there is evidence of actual or threatened physical or emotional abuse sufficient to find a risk of imminent danger; and the movant is physically available to testify unless there is a showing of exceptional circumstances precluding his or her availability or the applicant certifies to the Court the reasons supporting the claim why notice cannot be given.

CRITICAL

Applies to

Appearance notice

Before release or admission to bail, an arrested person must sign three copies of an appearance notice acknowledging the next scheduled Initial Hearing date.

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.

CRITICAL

Applies to

Pleading

Every filed pleading must clearly identify the filing attorney’s name, address, and telephone number.

(B) Every pleading filed shall clearly identify the name, address, telephone number of the attorney or attorneys filing such pleading.

CRITICAL

Applies to

Settlement agreement or final decree

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.

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.

CRITICAL

Applies to

Voir dire questions

If the Court conducts voir dire, counsel seeking particular questions must submit them in writing 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.

CRITICAL

Applies to

Credit item

Each credit item must state, in one or more words, the purpose of the payment.

Every item of credit must, in one or more words, show for what purpose the payment was made.

CRITICAL

Applies to

Sheriff service information sheet

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.

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.

CRITICAL

Applies to

Petition

A petition seeking additional fees for complex guardianships or trusts must specify the services rendered, time involved, and reasons the services warrant additional fees.

The above fees are intended to cover only the usual and ordinary services, Guardianships and trusts which are complex may warrant the charging of additional fees commensurate with services, in which case the Guardian, trustee or his attorney shall file a petition for the allowance of such additional fees, accordingly specifically setting forth the nature of the services rendered, the time involved and the reasons why the same should generate additional fees.

CRITICAL

Applies to

Special finding

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.

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.

CRITICAL

Applies to

Notice

The Clerk’s notice must substantially include the specified advice about the parties’ Financial Declaration Form obligations, deadlines, and potential sanctions.

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.

CRITICAL

Applies to

Written agreement

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.

(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;

CRITICAL

Applies to

Attorney appearance

An attorney for a party must file a formal written appearance for that party.

(A) Any attorney for a party shall file his/her formal written appearance for such party.

CRITICAL

Applies to

Motion

A written motion must state its grounds and requested relief, be signed by counsel of record or the defendant, and identify the filing attorney’s name and address.

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.

CRITICAL

Applies to

Fee calculation

Guardian, trustee, and attorney fees must be calculated on the form entitled “Computation of Guardian and Trustee Fee.”

The calculation of fees of guardians, trustees and their attorneys shall be on the form entitled Computation of Guardian and Trustee Fee, which is now incorporated as a part of these rules and is available from the Court.

CRITICAL

Applies to

Jury trial waiver

A felony jury trial may be waived only by the defendant in open court, by a verified pleading signed by the defendant, or as otherwise directed by the Court.

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.

CRITICAL

Applies to

Support order

When support is established, modified, or enforced, the custodial parent’s attorney must prepare a separate order complying with I.C. 31-2-10.

(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.

CRITICAL

Applies to

Report

Payment vouchers must be filed with the report so the Court can check them against the credit items.

and be so filed with the report so that the Court can readily check any of the items of credit with the vouchers.

CRITICAL

Applies to

Notice

A personal representative must prepare enough copies of each required notice for the Clerk to publish it when required and mail copies to everyone entitled to notice.

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.

CRITICAL

Applies to

Income information

Parents must provide the caseworker or officer with necessary income information, including the name and case number of any case in which they pay or receive child support.

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.

CRITICAL

Applies to

Personal representative fee calculation

Personal representative fee calculations must use the form entitled “Computation of Fees” designated as Exhibit A.

The calculation of fees of Personal Representative shall be on the form entitled Computation of Fees, which is now incorporated as a part of these rules, and affixed hereto and designated as Exhibit A.

CRITICAL

Applies to

Application for maintenance support or attorneys fees

A party requesting maintenance, support money, or attorney fees must state under oath, when making the request, their income from all sources and their reasonable estimate of the spouse’s income; noncompliance may result in denial.

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.

CRITICAL

Applies to

Application for maintenance support or attorneys fees

In dissolution, custody, or support cases, parties must submit affidavits supporting or opposing applications for maintenance, support money, or attorney fees pending trial.

(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.

CRITICAL

Applies to

Final decree and property settlement

When submitting a Final Decree and Property Settlement, the parties must provide enough copies for the Court to retain an original and copy of each and for all counsel of record to receive copies.

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.

CRITICAL

Applies to

Service provider report

Individuals and agencies providing services in a Delinquency or CHINS matter must provide reports at least monthly.

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.

CRITICAL

Applies to

Final account

A personal representative’s final account must state whether inheritance tax is payable, and if so, include the countersigned payment receipt.

Every Final Account by a Personal Representative must state whether any inheritance tax is or is not payable on any part of the estate of the decedent. If inheritance tax is payable, the countersigned receipt showing payment of the tax must be filed with the report.

CRITICAL

Applies to

Proposed findings conclusions

A party requesting findings under T.R. 52 must submit proposed findings within 10 days after the hearing, or waive the request.

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.

CRITICAL

Applies to

Child support worksheet

Child Support Worksheets must be promptly supplemented if changes occur before trial.

Child Support Worksheets shall be promptly supplemented if changes occur prior to trial.

CRITICAL

The moving party must provide the court the listed identifying, address, telephone, and work-hours information about the non-moving party.

The moving party shall provide the Court the following information concerning the non-moving party: Name; Age; Date of Birth; Race; Sex; Height; Weight; Scars, tattoos or other identifiable characteristics; Home Address: Telephone No. Work Address: Work Telephone No; and Work Hours.

CRITICAL

Applies to

Pleading

A pleading must be signed by at least one attorney of record as required by Rule T.R. 11 and comply with subparagraph (B), or it will not be accepted for filing or will be stricken if discovered after acceptance.

(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.

CRITICAL

Applies to

Report

The report must state whether the estate is liable for federal estate tax and whether it has been paid; if liable, it must include the specified closing letter and payment evidence.

Such reports shall further state whether or not the estate is subject to liability for Federal Estate Tax, and if so, whether or not the same is paid. If liable, the report shall include a copy of the Federal State Tax Closing Letter, and receipt or canceled check for the payment of the tax.

CRITICAL

Applies to

Completed child support worksheet

The probation officer or caseworker must file a completed child support worksheet.

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.

CRITICAL

Applies to

Joint exhibit

Before the final dissolution hearing, the parties must prepare a joint exhibit listing marital property and debt, values or each party’s disputed value, and the proposed recipient or payor.

Prior to commencement of a final dissolution hearing, the Parties shall prepare a joint exhibit setting forth all the marital property. This exhibit shall not only give a description of the property and debt but the agreed upon value of the property and amount of the debt. If the Parties can not agree upon a value or an amount then the exhibit shall set out each party’s value or amount. In addition the exhibit shall state who is to receive the property or pay the debt or that the distribution of the items at issue.

CRITICAL

Applies to

Withdrawal petition

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.

(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.

CRITICAL

Applies to

Notice by publication

A party requesting notice by publication must deliver the notice to the Connersville News-Examiner for publication.

(B) The party requesting notice by publication shall deliver the notice to be published to the Connersville News-Examiner and pay the cost.

CRITICAL

Applies to

Continuance motion

Third and later continuance motions by a party must be signed by the requesting party or parties and counsel.

(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.

CRITICAL

Applies to

Order

An order granting one spouse exclusive possession of the marital residence must contain the specified language.

If an Order granting exclusive possession of the marital residence to one spouse is entered by the Court, such Order shall contain the following language: "The hereby restrained from entering marital residence located at and the Fayette County Sheriff's Department, Connersville Police Department, or other appropriate law enforcement agency shall use all reasonable force, including arrest, to remove a party from the premises upon presentation of such an Order."