Floyd County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Order of appointment

An Order of Appointment must use the form prescribed by the rule.

The Order of Appointment shall be in the following form:

CRITICAL

Applies to

Expedited hearing

Persons seeking relief and any party opposing it must attend the expedited hearing.

All persons seeking relief, and any party opposing the relief sought, are required to attend the expedited hearing.

CRITICAL

Applies to

Order or entry

An attorney preparing an order or entry by agreement or court direction must put “prepared by” and “reviewed by” signature lines on its last page and submit it to opposing counsel for examination.

When the Prosecuting Attorney or an attorney of record for a defendant has agreed to or has been directed by the Court to prepare an order or entry, such attorney shall place on the last page of the entry appropriate signature lines indicating "prepared by" and "reviewed by" and shall submit the entry to opposing counsel for examination.

CRITICAL

Applies to

Appearance

An attorney representing a party in a related Family Law case must file a separate written appearance in the Protective Order case.

An attorney who also represents a party in a related Family Law case must file a separate written appearance in the Protective Order case.

CRITICAL

Applies to

Transcript

Upon a notice of appeal or written transcript request, the Court Reporter must transcribe the requested proceeding and produce both an original paper transcript and an electronically formatted transcript.

G. Disk as Official Record. Upon the filing of a notice of appeal or written request for transcript or the Court Reporter shall transcribe any court proceeding requested and produce an original paper transcript along with an electronically formatted transcript.

CRITICAL

Applies to

Motion

A motion to withdraw must contain the client's address and phone number.

The motion must contain the address and phone number of the client.

CRITICAL

Applies to

Verified financial disclosure statement

Must include

certificate of service

The verified financial disclosure statement includes a certificate of service confirming delivery to the opposing party or counsel.

I hereby certify that a true and accurate copy of the foregoing Verified Financial Disclosure Statement was delivered to the opposing party or their attorney of record either in person, or by U.S. Mail- postage prepaid, or by Court’s Electronic Filing.

CRITICAL

Applies to

Motion

A motion requesting child support must include a Child Support Guideline Worksheet.

When child support is requested, the motion must be accompanied by a Child Support Guideline Worksheet.

CRITICAL

Applies to

Proposed order

Must include

proposed order

A party granted emergency relief must submit a proposed hearing-setting order containing the specified notice and opportunity-to-be-heard language.

The party granted the emergency relief shall tender a proposed order for the setting of a hearing date. This order shall include the following language: “As the recipient of this ex parte order for , upon two (2) working days notice to the party who obtained such order (or in such shorter notice as the court may prescribe), you shall be allowed to appear before the Court and be heard regarding the issuance of this order.”

CRITICAL

Applies to

Application for mediation service

When a pro se case is filed, the Clerk must provide the Application for Mediation Service form and advise the parties to complete it and take it to the assigned judge.

C. Procedure. Upon filing a pro se case, the Clerk of the Court shall provide the parties with a form entitled Application for Mediation Service and advise the parties to complete the form and take it to the judge of the assigned court.

CRITICAL

Applies to

Pleading or memorandum

Pleadings or memoranda supporting or opposing a motion that use depositions must cite the relevant deposition passages by page and line or question number.

When depositions are utilized in support of, or in opposition to, a motion for summary judgment or other matter, the pleadings and/or memoranda filed in support or opposition to such motion shall make 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.

CRITICAL

Applies to

Summary disposition decree

A summary disposition decree that deviates from the child support guidelines must include an adequate explanation for the deviation.

In cases where there is a deviation from the child support guidelines, an adequate explanation for such a deviation must be set forth in the summary disposition decree.

CRITICAL

Applies to

Motion

Must include

proposed order

Except for motions to correct error, each motion must be accompanied by a separate hearing request and a proposed order scheduling the hearing.

B. HEARINGS REQUIRED. Excepting motions to correct error, 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

Motion to withdraw appearance

A motion to withdraw appearance must include the defendant’s address and phone number.

The motion must contain the address and phone number of the defendant.

CRITICAL

Applies to

Verified financial disclosure statement

The parties must state under oath that they have fully disclosed their assets and liabilities.

The parties shall state under oath that they have made full disclosure of assets and liabilities.

CRITICAL

Applies to

Bench trial motion

Must include

proposed order

A party may seek assignment of a case for bench trial by duly filing a motion with a proposed order, and the motion must estimate the required trial time.

D. REQUESTS FOR BENCH TRIAL. 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

Letter

If opposing counsel does not sign or submit an order or entry within five days of receipt and does not advise the Court and preparing attorney of objections, the preparing attorney must notify the Court by letter and submit the order or entry.

If opposing counsel shall fail or refuse to sign or submit the order or entry within five (5) days of receiving same without advising the Court and the preparing attorney as to objections thereto, the preparing attorney shall advise the Court by letter of opposing counsel’s failure or refusal to sign or submit such order or entry and submit the same to the Court.

CRITICAL

Applies to

Verified financial disclosure statement

The verified financial disclosure statement includes a declaration of truthfulness under penalty of perjury and an acknowledgment of the duty to supplement or amend inaccurate or outdated information.

I affirm, under penalties for perjury, that the foregoing representations are true to the best of my knowledge and belief. Further, I understand that I am under a duty to supplement or amend this VERIFIED FINANCIAL DISCLOSURE STATEMENT if I learn that the information which has been provided is either incorrect or that the information provided is no longer true.

CRITICAL

Applies to

Notice of compliance

Unless the parties waive the requirement in writing or the Court orders otherwise, discovery must be complete and a notice of compliance filed before a hearing on the specified child-support modification petition is scheduled.

Unless waived by the parties in writing or by Order of the Court, a hearing on a Petition to Modify a child support obligation established by an Order of Dissolution of Marriage, an Order Establishing Paternity, an Order Decreeing a Legal Separation, or an Order Establishing Child Support Obligation, will not be scheduled until discovery has been completed and notice of compliance is filed with the Court.

CRITICAL

Applies to

Proposed order or entry

Except as required by Local Rule LR22-TR3-102, proposed orders and entries must identify the preparer, include enough copies and a name-and-address distribution list for everyone entitled to service, and be accompanied by enough pre-stamped, pre-addressed mailing envelopes.

Except as required by Local Rule LR22-TR3-102, all proposed orders and entries shall reflect the name of the preparer under the indication "prepared 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

Child support agreement or order

An agreement or order that deviates from the child support guidelines must include an adequate explanation for the deviation.

If an agreement of the parties or a court order regarding child support deviates from the Guidelines, an adequate explanation for such a deviation must be set forth in the agreement or the order.

WARNING

Applies to

Personal property information

Attach additional pages as necessary to provide the personal property information.

(attach additional pages as necessary)

WARNING

Applies to

Entry

An attorney preparing a court-requested entry must put signature lines labeled “prepared by” and “reviewed by” on its last page.

the attorney who has agreed to prepare an entry as requested by the Court shall place on the last page of the entry appropriate signature lines indicating "prepared by" and "reviewed by"

WARNING

Applies to

Trial date motion

The Prosecuting Attorney may move for a trial date and state the requested date; the Court will grant it unless the calendar is congested, in which case the next available date will be set.

In order to comply with Indiana Criminal Rule 4, the Prosecuting Attorney may submit a motion for trial date setting out the requested trial date which the Court will grant unless a congested calendar exists in which event the next available date shall be the trial date.

WARNING

Applies to

Notice

The financial disclosure notice must substantially comply with the form in the appendix to the Local Family Rules of Practice.

Such Notice shall be in substantial compliance with that set forth in the Appendix to these Local Family Rules of Practice.

WARNING

Applies to

Jury forms

The judges must furnish the jury administrator with the summons, jury qualification, and notification forms.

The judges of the Floyd Circuit and Superior Courts shall furnish to the jury administrator the form of the summons, jury qualification form, and notification form.

WARNING

Mortgages must be included in the debts section even if already listed in Section IV.

Please include Mortgage(s) even though they have already been listed in Section IV.

WARNING

Applies to

Motion

Must include

proposed order

A party or attorney 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 such cases may file a motion requesting same accompanied by a proposed order.

WARNING

Applies to

Annual report

Court Reporters must report transcript fees at least annually to the Division of State Court Administration using its prescribed forms.

E. Annual Report Requirement. Each Court Reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either 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 Division of State Court Administration.

WARNING

Applies to

Verified financial disclosure statement

Where the form’s inquiries are not wholly inappropriate, provide information appropriate to the case and identify inquiries that do not apply.

The Court recognizes that this form calls for information that may not be appropriate in every case. In those cases in which it is not totally inappropriate, merely supply information appropriate to the case at hand and indicate those inquiries that are not applicable.

WARNING

Applies to

Evidence removal receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the court file.

At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence. The receipt will be made part of the court file.

WARNING

Applies to

Motion

The specified successor-counsel appearance and, outside estate or guardianship matters, the client's written consent constitute a waiver of the local rule's requirements.

A motion for leave to withdraw an appearance accompanied by a written appearance of successor counsel and, excepting appearances in estate or guardianship matters, a motion to withdraw an appearance accompanied by a written consent of the client shall constitute a waiver of the requirements of this local rule.

WARNING

Debts must be listed, with a separate list attached if necessary.

(Including but not limited to Charge Cards, Person Loans, Vehicle loans, Etc., attach separate list if necessary).

WARNING

Applies to

Transcript

Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.

Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.

WARNING

Applies to

Verified financial disclosure form

The financial disclosure form must be amended or supplemented as required by Trial Rule 26 E(2) and (3) and the local rule.

Additionally, pursuant to Trial Rule 26 E(2) and (3), the Form shall be amended and/or supplemented as required under such rule and imposed by this local rule.

WARNING

Applies to

Notice of motion

For routine matters, an attorney may use a Notice of Motion and Order in lieu of the referenced requirement; the notice must state that the Court will begin ruling at 9:00 A.M. on a Monday at least five working days after actual receipt.

In lieu of the requirement of subsection C of this rule, an attorney may utilize a Notice of Motion and Order for routine matters such as a motion for continuance, motion to amend pleading, motion to shorten time, motion to add parties, motion to compel discovery and the like. The Notice of Motion shall indicate that the Court will rule on the motion and enter its Order beginning at 9:00 A.M. on the Monday which is not less than five [5] working days from the date of the Court's actual receipt of the Notice of Motion.

WARNING

Applies to

Motion

Must include

proposed order

A party may request a hearing on a Motion to Correct Error any time before the Court rules, by filing a written hearing-request motion and a proposed scheduling order.

At any time before the Court has ruled upon a Motion to Correct Error, any party may request a hearing on such Motion by filing a written motion requesting a hearing and a proposed order for the scheduling of a hearing date.

WARNING

Applies to

Transcript request

Notices and transcript requests for jury trials must exclude voir dire, opening statements, and closing statements unless those portions are specifically requested.

Such notices and requests for transcripts relating to trials by jury shall not include voir dire, opening statements, and closing statements unless specifically requested.

WARNING

Report significant assets acquired before marriage or through inheritance or gift, whether or not they are still owned.

(Whether now owned or not, show significant assets only)

WARNING

Applies to

Jury instructions

These instructions shall also be presented to the court on computer disc or by e-mail in the Court’s discretion.

These instructions shall also be presented to the court on computer disc or by e-mail in the Court’s discretion.

WARNING

Applies to

Notice

The notice must inform the opposing party of the co-parenting class or other court-directed program requirement.

At the time of the filing of a dissolution or separation proceeding or a post-dissolution proceeding where custody is in issue, the moving party shall serve a Notice upon the opposing party of the requirement of attend a coparenting class or other such program as directed by the Court in which the proceeding is filed.

WARNING

Applies to

Pleading motion notice or order with multiple cause numbers

A filing with more than one cause number must include enough copies for each case, including motions, notices, and orders.

If an attorney files a pleading with more than one cause number, they shall provide the Court with enough copies for each case for filing. This applies to Motions, Notices, and Orders.

WARNING

Applies to

Verified financial disclosure statement

It is intended also to facilitate a full disclosure of all assets of the parties and should be supplemented where necessary to accomplish that purpose. If needed, use additional sheets and attach with appropriate references.

It is intended also to facilitate a full disclosure of all assets of the parties and should be supplemented where necessary to accomplish that purpose. If needed, use additional sheets and attach with appropriate references.

WARNING

Each other regular monthly expense must be identified along with its average monthly cost.

For any other regular monthly expenses, please identify each here and list average monthly cost.

INFO

Applies to

Motion to withdraw appearance

A motion to withdraw accompanied by successor counsel’s written appearance and the defendant’s written consent waives this local rule’s requirements.

A motion for leave to withdraw an appearance accompanied by a written appearance of successor counsel and a written consent of the defendant shall constitute a waiver of the requirements of this local rule.

INFO

Applies to

Agreed matter

For an agreement reached just before a hearing or trial, the Court may accept settlement evidence by handwritten entry or on the record, followed by a written agreement within a reasonable time.

However, if the parties reach an agreement just prior to hearing or trial, then the Court may accept evidence of that settlement by way of a handwritten entry or on the record followed by the submission of a written agreement within a reasonable time thereafter.

INFO

Applies to

Retained evidence log

Court reporters should maintain a log of retained evidence and scheduled disposition date, and evidence should be held in a secure area.

Court reporters should maintain a log of retained evidence and scheduled disposition date, and evidence should be held in a secure area.

INFO

Applies to

Claim for services

The mediator should also submit a claim for services.

The mediator should also submit a claim for services.

INFO

Applies to

Jury instructions

The second set of jury instructions may be sent with the jury to the jury room for deliberations.

This set of jury instructions may be sent with the jury to the jury room for use during deliberations.

CRITICAL

Applies to

Motion

A motion for provisional relief must include an affidavit stating the factual basis and requested relief.

A motion requesting provisional relief under I.C. 31-15-4-1 must be accompanied by an affidavit setting forth the factual basis and the relief requested pursuant to I.C. 31-15-4-2.