Floyd County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Written notice to recall body attachment

A party seeking to recall a body attachment must file a written notice that states the reason for the recall.

If during the pendency of a Body Attachment, a party desires to recall said Body Attachment, said party shall file a written notice to recall Body Attachment forthwith stating the reason for the recall.

CRITICAL

Applies to

Motion

Must include

proposed order

Unless made during a hearing or trial or otherwise ordered, an application for an order must be a written motion stating its grounds and requested relief and accompanied by a separate proposed order.

Pursuant to Trial Rule 7(B), unless made during a hearing or trial, or otherwise ordered by the court, an application to the court for an order must be made by written motion. The motion must state the grounds therefor and the relief or order sought and be accompanied by a separate proposed order.

CRITICAL

Applies to

Motion

Must include

proposed order

Except for motions to correct error, motions for summary judgment, and motions described in subsections E, F, and G, a motion must be accompanied by a separate hearing request and a proposed order scheduling the hearing.

Excepting motions to correct error, motions for summary judgment or other motions described in subsection E, subsection F and subsection G of this rule, all motions shall be accompanied by a separate motion requesting a hearing and a proposed order for the scheduling of a hearing date.

CRITICAL

Applies to

Notice of enlargement of time

A notice requesting an enlargement of time must state the response's original due date and the date to which the deadline is extended.

The notice must include the date when the response was initially due and the date to which time is enlarged.

CRITICAL

Applies to

Notice of appeal or transcript request

Notices of appeal and transcript requests must be in writing and filed with the Clerk of the Court.

All notice of appeal and requests for transcripts shall be in writing and filed with the Clerk of the Court.

CRITICAL

Applies to

Certificate of readiness

A Certificate of Readiness must state that the cause is at issue, address completion of discovery by trial, and state that opposing counsel was advised five days before filing.

The Certificate shall state: [1] that the cause is at issue; [2] that discovery has been completed or will be completed by the scheduled trial date; and [3] that opposing counsel was advised of the party's intention to file the Certificate five (5) days prior to its filing.

CRITICAL

Applies to

Expedited hearing

Each party must bring to an expedited hearing all documentary evidence required by the Local Rules.

Each party shall bring to the expedited hearing all documentary evidence as required by these Local Rules.

CRITICAL

Applies to

Proposed order or entry

Proposed orders and entries must identify the preparer as “tendered by,” include enough copies and a name-and-address distribution list for everyone entitled to service, and be submitted with sufficient prestamped, preaddressed envelopes for mailing.

All proposed orders and entries shall reflect the name of the preparer under the indication "tendered by", shall be submitted in sufficient number for each person entitled to service and shall contain a distribution list identifying by name and address each person entitled to service. The preparer shall provide sufficient pre-stamped pre-addressed envelopes to the court for mailing of the orders or entries.

CRITICAL

Applies to

Proposed findings

When court findings of fact are requested or required, counsel must submit proposed findings stating all facts claimed to have been established and the corresponding conclusions of law.

PROPOSED FINDINGS. In all cases where findings of fact by the Court are requested or required, counsel of record shall submit to the Court proposed findings setting forth all facts claimed to have been established and the conclusions of law thereon.

CRITICAL

Applies to

Transcript

The Court’s electronic copy is retained as the official record, the Court Reporter retains their copy, and the original transcript and official disk are routed according to whether the transcript was prepared for appeal.

The Court’s Copy of the electronic transcript shall become the official record of the court proceeding, in lieu of a paper copy of the transcript, and shall be retained in the court where said proceeding was held. The Court Reporter’s Copy shall be retained by the Court Reporter. The original paper transcript along with the disk designated as the Official Record shall be forwarded to the Clerk if the transcript was prepared for purposes of appeal. If the transcript was not prepared for purposes of appeal, the original paper transcript shall be delivered to the requested party.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion requesting provisional relief must include a proposed order setting a hearing.

A motion requesting provisional relief must be accompanied by a proposed order for the setting of a hearing.

CRITICAL

Applies to

Emergency relief request

Requests for emergency relief in family law matters must comply with Indiana Trial Rule 65(B) and I.C. 31-15-4.

A. Requests for Emergency Relief. All requests for emergency relief in family law matters shall comply with the provisions of Indiana Trial Rule 65(B) and I.C. 31-15-4.

CRITICAL

Applies to

Request for expedited hearing

Any party may request an expedited final hearing on a dissolution petition, but the request must be in writing and filed with the Court.

B. Expedited Hearing. Any party may request that the Final Hearing on a Petition for Dissolution of Marriage be held under the procedure for an expedited hearing. Such request shall be made in writing and filed with the Court.

CRITICAL

Applies to

Answer or objection to request for admissions

Answers or objections to requests for admissions must reproduce the full request immediately before the answer or objection.

Answers or objections to requests for admissions filed and served pursuant to Trial Rule 36 shall set forth in full the request for admissions being answered or objected to immediately preceding the answer or objection.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion seeking assignment for a bench trial must include a proposed order and an estimate of the required trial time.

The assignment of a case for bench trial may be had by motion duly filed and accompanied by a proposed order. Said motion shall reflect an estimate of the trial time required.

CRITICAL

Applies to

Hearing request

Must include

proposed order

A request for hearing dates must include a proposed order setting a hearing.

A request for hearing dates must be filed within ten (10) days of the service of Summons and Notice of Ruling and must be accompanied by a proposed Order for the setting of a hearing.

CRITICAL

Applies to

Documents using depositions

When depositions are used, provide page-and-line or question-number references to the portions bearing on the presence or absence of material fact.

When depositions are utilized, specific reference by page and line or question number to those places in such deposition which purport to demonstrate the presence or absence of material fact shall be provided.

CRITICAL

Applies to

Temporary restraining order

The moving party must prepare the temporary restraining order in compliance with Trial Rule 65(E)(1).

B. Form of Temporary Restraining Order. The moving party shall prepare such order in compliance with Trial Rule 65 (E) (1).

CRITICAL

Applies to

Summary disposition

When parenting time is referenced in a summary disposition’s settlement agreement or dissolution decree, the parties must certify that they received, read, and understand the Indiana Parenting Time Guidelines.

In all summary dispositions in which parenting time is referenced in the settlement agreement/dissolution decree, the parties shall certify that they have received a copy of the Indiana Parenting Time Guidelines and that they have read and understand the same.

CRITICAL

Applies to

Parenting time settlement agreement

A parenting-time settlement agreement must certify that the parties received, read, and understand the Parenting Time Guidelines.

In all settlement agreements in which parenting time is established, the parties shall certify in such agreement that they have received a copy of such guidelines and have read and understand the same.

CRITICAL

Applies to

Contested hearing exhibits

For contested hearings, each party must submit the listed exhibits to the Court when applicable.

In all contested hearings, each party shall submit the following exhibits to the Court, if applicable. (a) A Child Support Guideline Worksheet. (b) A calculation of the child support arrearage. (c) A listing of the marital assets with an indication of fair market value. (d) A listing of the marital debts with an indication of the balance due and the minimum monthly payment requirement. (e) The parties’ proposed distribution of marital assets and debts.

CRITICAL

Applies to

Verified financial disclosure statement

For each jointly owned asset, indicate the portions of its value contributed by the husband and the wife.

Indicate how much of the value of each asset held in joint ownership was contributed by the husband (h) and how much by the wife (w).

CRITICAL

Applies to

Verified financial disclosure statement

For each asset, provide its actual value or, when appropriate, its appraised or estimated value, identify which value is given, and use the date of final separation.

When supplying the information called for, give the actual or, where the nature of the assets requires, the appraised or estimated value (indicating which) of each asset at the date of the final separation of the parties.

CRITICAL

Applies to

Petition for order for protection

All petitions for an Order for Protection must be filed in Floyd Superior Court #3.

A. Pursuant to Local Rule (Civil) LR22-TR00-117 all Petitions for an Order for Protection must be filed in the Floyd Superior Court #3.

CRITICAL

Applies to

Stipulation

The parties must stipulate in writing to undisputed assets, liabilities, and other matters.

The parties shall stipulate in writing those assets and liabilities and other matters as to which there is no disagreement.

CRITICAL

Applies to

Motion

A motion seeking child support or other monetary assistance must include information and documentation about each party’s employment status and weekly gross income.

If the relief requested is in the nature of child support or other monetary assistance, the motion must contain information and documentation regarding each party’s employment status and weekly gross income.

CRITICAL

Applies to

Verified financial disclosure form

The required financial disclosure must be verified and substantially comply with the appendix form or another form approved by the Indiana Office of Court Services.

In all contested dissolution and separation actions, each party shall prepare and exchange within forty -five (45) days of the filing of the action, a Verified Financial Disclosure Form in substantial compliance with the form set forth in the Appendix to these Local Family Rules of Practice or such other Verified Financial Disclosure Form approved by the Indiana Office of Court Services.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions to enlarge or shorten time, set a hearing, conference, or trial, continue a matter, reduce bond, obtain a competency examination, compel discovery, withdraw appearance, dismiss, change venue, modify a sentence, or obtain post-conviction relief must include a proposed order; the Court may also direct proposed orders for other matters.

Proposed orders shall accompany motions in the following matters: [1] to enlarge or shorten time [2] for setting of hearing, conference or trial [3] for continuance [4] for reduction of bond [5] for psychiatric examination for competency [6] to compel discovery [7] to withdraw appearance [8] for dismissal [9] for change of venue [10] for modification of sentence [11] for post-conviction relief [12] for such other orders, judgments or decrees as the Court may direct; and shall comply with Local Rule LR22-CR18-202(E).

CRITICAL

Applies to

Agreed matter

An agreed matter must be submitted in writing, signed by the parties and/or counsel, and accompanied by other appropriate documents.

No agreed matter shall be submitted to the Court unless it is in writing and signed by the parties and/or counsel and accompanied with other appropriate documents.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court before trial.

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

CRITICAL

Applies to

Jury instructions

The parties must submit a second set of proposed final instructions without identifying references and containing only the statement of law.

The parties shall submit a second set of proposed final instructions containing no designation of who submitted them, or other identifying references, and shall contain only the statement of law.

CRITICAL

Applies to

Motion

A motion to withdraw in an estate or guardianship must include a hearing notice directing the personal representative or guardian to appear.

An attorney desiring to withdraw his appearance in an estate or guardianship shall file a written motion requesting leave to do so accompanied by a notice of hearing which shall be served at least ten [10] days prior to the hearing upon the personal representative or guardian directing said person to appear at the hearing.

CRITICAL

Applies to

Verified financial disclosure statement

For an asset outside the court’s jurisdiction, state its location and provide details on a separate sheet if necessary.

If any asset is located outside the jurisdiction of this Court, state where it is located and, if necessary, give details on a separate sheet.

CRITICAL

Applies to

Summary disposition

A summary disposition on a dissolution petition requires submission of the appropriate documentation in accordance with statutory requirements.

A summary disposition on a Petition for Dissolution of Marriage shall be entered by the Court upon submission of the appropriate documentation to the Court in accordance with statutory requirements.

CRITICAL

Applies to

Verified petition

A party seeking the specified temporary restraining order must file a verified petition alleging injury and requesting the stated injunctions against both parties.

In accordance with the provisions of Trial Rule 65(E)(1), the court will issue a temporary restraining order applicable to both parties upon the filing of a verified petition by either party alleging that injury would result to the moving party if no order were to issue and requesting that both parties be enjoined from: (1) Transferring, encumbering, concealing or otherwise disposing of any joint property of the parties or assets of the marriage without the written consent of the parties or permission of the court; and/or; (2) Removing any child of the parties then residing in the State of Indiana from the State with the intent to deprive the court of jurisdiction over such child without the prior written consent of the parties or permission of the court.

CRITICAL

Applies to

Mediator report

The mediator must submit the prescribed report, together with the mediation agreement or an indication of unsuccessful mediation, when 60 days have passed from filing the dissolution or paternity action.

D. Mediator’s Report. Upon the passage of sixty (60) days from the filing of the dissolution or paternity action, the mediator shall submit a Mediator’s Report on the form provided along with the mediation agreement or with an indication that the mediation was not successful.

CRITICAL

Applies to

Child support settlement agreement

A child support settlement agreement must attach the guideline worksheet as an exhibit with the parties’ executed affirmation.

In all settlement agreements in which child support is established, a Child Support Guideline Worksheet shall be attached as an exhibit with the affirmation executed by the parties.

CRITICAL

Applies to

Second set of proposed final instructions

The parties must submit a second set of proposed final instructions without identifying references and containing only the statement of law.

The parties shall submit a second set of proposed final instructions containing no designation of who submitted them, or other identifying references, which shall contain only the statement of law.

CRITICAL

Applies to

Child support guideline worksheet

Each party must submit a guideline worksheet in the form prescribed by the Indiana Child Support Rules and Guidelines at every child support hearing.

In all hearings involving child support, each party shall submit to the Court an Indiana Child Support Guideline Worksheet in such form consistent with that set forth in the Indiana Child Support Rules and Guidelines.

CRITICAL

Applies to

Notice of ruling

A movant may use an accompanying Notice of Ruling to waive the hearing requirements, but the notice must include the waiver, a counsel-selected ruling date at least ten working days after filing, and notice that a written response filed before that date will be considered.

A movant may waive the hearing requirements of I.C. 31-15-4-4 & 5 through the use of a Notice of Ruling accompanying the motion for provisional relief. The Notice of Ruling shall contain the following: (1) A waiver of the hearing requirements; (2) The date for ruling which shall not be less than ten (10) working days from the filing of the motion, the movant’s counsel to select the date; (3) Notice that the Court will consider a written response to the Motion filed before the ruling date.

CRITICAL

Applies to

Written request

Must include

proposed order

The written request must be accompanied by a proposed order setting a preliminary hearing on the specified issues.

The filing of such a request shall be accompanied by a proposed Order for the setting of a preliminary hearing on those issues.

CRITICAL

Applies to

Summary disposition

When a summary disposition establishes child support, it must include the child support guideline worksheet as an exhibit with an affirmation executed by the parties.

In all summary dispositions in which child support is established, a copy of the child support guideline worksheet shall be attached as an exhibit with the affirmation thereon executed by the parties.

CRITICAL

Applies to

Motion for pre trial conference

A party or attorney of record seeking a jury trial must first file a motion requesting a pre-trial conference.

any party or attorney of record desirous of acquiring a jury trial shall first file a motion requesting a pre-trial conference

CRITICAL

Applies to

Motion

A motion seeking waiver of the interrogatory-answer limitation must include as an exhibit the interrogatories the party proposes to serve.

Each motion requesting waiver of this limitation shall contain as an exhibit the interrogatories which the party proposes to serve.

CRITICAL

Applies to

Protection order case filings

Pleadings, hearings, and orders concerning a Protection Order must be handled in the Protection Order case.

All pleadings, hearings and orders pertaining to a Protection Order shall be in the Protection Order case.

CRITICAL

Applies to

Motion

Except for estate and guardianship appearances, a withdrawal motion must request leave and include a hearing notice or satisfactory proof of advance written notice, with the withdrawal date stated in the notice.

Excepting appearances in estates and guardianships, an attorney desiring to withdraw his appearance in any other proceeding shall file a written motion requesting leave to do so accompanied by a notice of hearing or proof satisfactory to the Court that at least ten [10] days prior written notice has been given to the client and to all other parties of record in advance of the withdrawal date, which date shall be set forth in the written notice.

CRITICAL

Applies to

Proposed findings and conclusions

When court findings of fact are requested or required, counsel must submit proposed findings stating all claimed established facts and conclusions of law, in the manner and by the time directed by the Court.

In all cases where findings of fact by the Court are requested or required, counsel of record shall submit to the Court proposed findings setting forth all facts claimed to have been established and the conclusions of law thereon. The proposed findings and conclusions shall be submitted to the Court on computer disc or by e-mail in the Court’s discretion within such time as directed by the Court.

CRITICAL

Applies to

Final hearing notice

A copy of the written notice of final hearing must be submitted to the Court at the time of the hearing.

In an uncontested action, written notice of an intention to proceed to final hearing on a date and time certain shall be given to a party not represented by counsel. The written notice shall be sent to the last known address of the party not represented and proof of service shall not be required, however, a copy of said notice shall be submitted to the Court at the time of the final hearing.

CRITICAL

Applies to

Statement

For any additional real estate, complete the same information and attach it to the statement.

FOR ANY ADDITIONAL REAL ESTATE, PLEASE COMPLETE SAME INFORMATION AND ATTACH TO THIS STATEMENT.

CRITICAL

Applies to

Pretrial conference motion

Must include

proposed order

A party or attorney of record may request a pre-trial conference by motion, accompanied by a proposed order.

Any party or attorney of record desirous of having a pre-trial conference for any case may file a motion requesting same accompanied by a proposed order.