Fayette County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Jury instructions

Indiana Pattern Jury Instructions must be used when applicable.

(B) Indiana Pattern Jury Instructions shall be used where applicable.

CRITICAL

Applies to

Financial declaration form

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.

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.

CRITICAL

Applies to

Jury questionnaire

The parties must use questionnaires completed by prospective jurors before trial, and counsel must not use voir dire to ask about matters those questionnaires cover.

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.

CRITICAL

Applies to

Report or account

Reports and accounts to the Court must include statements and explanations sufficient to determine their correctness and the true condition of the estate and its assets.

Personal representatives of decedent’s estate, guardians, commissioners, receivers and trustees, in making reports or accounts to the Court, must make such statements and explanations therein as will enable the Court to determine the correctness of such reports and the true condition of the estate and the assets represented by them.

CRITICAL

Applies to

Default judgment affidavit

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.

(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.

CRITICAL

Applies to

Special instruction request

Each request for a special instruction must contain citations to supporting authorities.

Such request for special instruction shall contain citations to supporting authorities.

CRITICAL

Applies to

Notice

If notice will be mailed, the personal representative must provide addressed, stamped envelopes.

If notice is to be made by mail, the personal representative shall provide addressed, stamped envelopes.

CRITICAL

Applies to

Verified petition

In a dissolution, legal separation, or child-support action, a party seeking a Temporary Restraining Order without a hearing or security must file a verified petition alleging that the moving party would be injured without an immediate order.

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.

CRITICAL

Applies to

Report or account

Guardians’ and trustees’ reports or accounts must disclose the specified investments, values, bond and surety information, solvency, and ward and guardian details.

Reports or accounts by guardians and trustees must state and show all investments and securities in which the assets of the ward or trusts are invested, the market value thereof and the penal sum of bonds of guardians and trustees and names and addresses of sureties, and that they are amply solve, age of the ward, his residence address, and the residence address of the guardian.

CRITICAL

Applies to

Support agreement

If a support agreement deviates from the Guidelines, the parties must present the Court with a written explanation and supporting documentation justifying the deviation.

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.

CRITICAL

Applies to

Appearance

A defendant’s attorney must submit a signed written appearance.

Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, and by signing and filing a written appearance.

CRITICAL

Applies to

Joint petition for modification or stipulation for agreed entry

A Joint Petition for Modification or Stipulation for Agreed Entry of Modification must state the basis and reasons for the modification and meet statutory requirements.

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.

CRITICAL

Applies to

Written agreement

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.

(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.

CRITICAL

Applies to

Failure to appear proceeding

Must include

proposed order

If the defendant fails to appear and the bondsman fails to produce the defendant after being ordered to surrender them, the State must prepare a proposed order concerning the late surrender fee and bond forfeiture for the Court’s review.

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.

CRITICAL

Applies to

Financial declaration form

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.

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.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Child support guidelines worksheet

In child support proceedings, each party must file Indiana Child Support Guidelines worksheets with supporting documentation with any settlement or submit them to the Court when a 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.

CRITICAL

Applies to

Ruling order judgment or decree

An attorney must prepare and submit a court-requested ruling, order, judgment, or decree to the Judge for approval 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.

CRITICAL

Applies to

Petition

If both parties allege injury, they must file separate petitions.

If both parties allege injury, they shall do so by separate petitions.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Petition for modification

The Court will not approve an agreed modification entry unless a petition for modification has first been filed.

An agreed modification entry will not be approved by the Court without a petition for modification having first been filed.

WARNING

Applies to

Account or report

An account or report should fully explain fees exceeding the schedule and state the reasons for the excess.

Any fees in excess of the foregoing schedule should be fully explained in the account, or report, and the reasons stated for excessive amount.

WARNING

Applies to

Interrogatories

Interrogatories should be limited in number wherever possible and used only for discovery.

Interrogatories shall be limited in number wherever possible and shall be used solely for the purpose of discovery.

WARNING

Applies to

Report

If the child is not with parents or relatives, reports must identify family members who requested custody and explain why the relative is not being considered.

If the child is not with parents or relatives, all reports shall state what family members have requested custody and specifically why that relative is not being considered.

WARNING

Applies to

Petition

The Court asks petitioners to provide any additional information and supporting evidence they consider useful to the Court’s evaluation of the fee claim.

Please provide such additional information and supportive evidence as you think will enable the Court to weigh the Claim for fees.

WARNING

Applies to

Deposition removal receipt

When removing a filed deposition, a detailed receipt must be given to the Clerk and filed in the case.

At the time of removal, a detailed receipt shall be given to the Clerk and filed in the cause.

WARNING

Applies to

Written notice of pending proceeding

The written notice should include the cause number of the legal proceeding, identification and location of the Court, names of the parties involved, and a brief summary of the nature of the legal proceeding.

The written notice should include the cause number of the legal proceeding, identification and location of the Court, names of the parties involved, and a brief summary of the nature of the legal proceeding.

WARNING

Applies to

Pre trial statement

(2) If the parties fail to file pre-trial statements required by Rule 8(F) herein as a preliminary to pre-trial conference, the pre-trial conference may be canceled. The Court may take appropriate action for such failure.

(2) If the parties fail to file pre-trial statements required by Rule 8(F) herein as a preliminary to pre-trial conference, the pre-trial conference may be canceled. The Court may take appropriate action for such failure.

WARNING

Applies to

Affidavit

The following factors will be considered and should be included in any Affidavit submitted to the Court: the number and the complexity of the issues (e.g. custody dispute, complex asset valuation; the nature and extent of discovery; the time reasonably necessary for the preparation for or the conduct of contested pendente life matters or final hearings. Other matters requiring substantial expenditure of attorney’s time; the amount counsel has received from all sources; and the ability of the opposing party to pay the requested fees and the disparity of income between the parties.

The following factors will be considered and should be included in any Affidavit submitted to the Court: the number and the complexity of the issues (e.g. custody dispute, complex asset valuation; the nature and extent of discovery; the time reasonably necessary for the preparation for or the conduct of contested pendente life matters or final hearings. Other matters requiring substantial expenditure of attorney’s time; the amount counsel has received from all sources; and the ability of the opposing party to pay the requested fees and the disparity of income between the parties.

WARNING

Applies to

Financial declaration form

The Financial Declaration Form need not be exchanged in the stated circumstances, but in post-decree arrearage proceedings the alleged delinquent party must complete the entire form and the support recipient must complete the arrearage-calculation portion with supporting documentation.

The Financial Declaration Form need not be exchanged if: the parties agree in writing within fifty (50) days of the filing of the petition/motion to waive exchange; the parties have executed a written agreement which settles all financial issues; the proceeding is one in which the service is by publication and there is no response; the proceeding is post-decree and concerns issues without financial implications; provided, however, when the proceeding is post- decree and concerns an arrearage, the alleged delinquent party shall complete the entire Form, while the support recipient need complete only that portion which requires specification of the basis of the arrearage calculation (with appropriate supporting documentation); or, the Court otherwise waives such requirement.

WARNING

Applies to

Service provider report

Monthly service-provider reports must explain why services should continue and whether a less costly service is available.

The monthly reports shall among other things state specifically why the service should continue and whether or not there are less costly services that can be provided by the service provider or some other service provider.

WARNING

Applies to

Certificate of attendance

After successful class completion, Centerstone mails a certificate of attendance to the clerk for the court file.

After you successfully complete the class, Centerstone will mail the court clerk a certificate of attendance which will be put into the court’s file.

WARNING

Applies to

Evidence removal receipt

When removing items held by the Court Reporter, a detailed receipt must be given to the reporter and filed in the case.

At the time of removal, a detailed receipt shall be given to the Court Reporter and filed in the cause.

INFO

Applies to

Motion

If a party fails to attend the class, the other party may file a written motion seeking an order requiring compliance or imposing contempt.

If one party fails to attend the class, the other party may file a written motion with the court requesting that the court enter an order requiring the other party to comply with this rule or be subject to contempt of court.

INFO

Applies to

Attorney fee request

An attorney may support a requested fee with an affidavit or, if the Court allows, oral testimony, along with an itemized statement; affidavits are admissible in evidence.

An attorney may submit by affidavit (or oral testimony if allowed by the Court) along with an itemized statement his requested fee. Affidavits shall be admissible into evidence by the Court.

INFO

The Court may request the introduction of evidence in a specific case.

The Court may, however, request introduction of evidence in specific cases.