Fountain County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon Filing
Proposed Inheritance Tax Order
- 4 copies • Upon Filing
Document Format Requirements7 rules
(b) The files of the Clerk shall be kept under the system commonly known as “flat filing”, and all papers presented to the Court for filing shall be 8” X 11”, flat and unfolded. Original oversized documents may be filed as part of a pleading, but shall be reduced to 8” X 11” where possible. Original documents shall be submitted on rag bond paper. Typewritten pages shall have no covers or backs and shall be fastened together at the top, but at no other place. All pleadings shall be typewritten on unlined paper, one and one-half spaced with double spacing between paragraphs.
- Line spacing
- 1.5 lines
Formatting
- •Original documents must be submitted on rag bond paper
(f) No mimeographed or otherwise duplicated forms containing interrogatories shall be filed or served upon a party unless all interrogatories on such forms are consecutively numbered and applicable to the case in which they are served.
(e) If an accused posts bond per (d) (4), the same shall be made on a form supplied by the Court, which form shall be completed in its entirety.
All accountings shall follow the proscribed statutory format; informal handwritten or transactional accounts will not be accepted.
- Accounting
Formatting
- •Follow the prescribed statutory format
A rubber stamp or facsimile signature on the original of any pleading shall not be acceptable except with leave of Court.
A Closing Statement in an unsupervised estate must use a form substantially similar to the form in the rules’ appendix.
Court's wording
(f) In all unsupervised estates, the Closing Statement shall include a certification as to Notices, the release of payment of claims, the payment of death taxes and expenses of administration, a report of distribution and accounting, and a report as to any deeds executed by the personal representative and shall be on a form substantially similar to the one attached in the appendix to these rules.
The notice to interested persons in an unsupervised estate must use a form substantially similar to the one in the rules’ appendix.
Court's wording
(g) In all unsupervised estates immediately upon the execution of letters of administration, the personal representative shall provide a notice to all interested persons of their rights relating to an unsupervised estate as provided by the Indiana Probate Code, and shall file with the Clerk a proof of service of such notice, which notice shall be substantially similar to the one attached in the appendix to these rules.(See Appendix c)
Document Filing Requirements84 rules
All attorneys for a defendant or a third party shall file a formal written appearance.
Any pleading not signed by at least one attorney appearing of record as required by T.R .11 shall not be accepted for filing by the Clerk, or if inadvertently accepted for filing, shall, upon discovery of such omission, be stricken from the record.
Counsel seeking to withdraw must move for leave, set a withdrawal date, and file evidence of at least 10 days’ written notice to the client; these requirements are waived when new counsel appears simultaneously.
Court's wording
Counsel seeking to withdraw their appearance in any action shall file a motion requesting leave to do so. Such motion shall fix a date for such withdrawal, and thereafter satisfactory evidence of a least 10 days written notice to the client in advance of such date of withdrawal shall be filed with the Court. (e) A withdrawal of appearance accompanied by the simultaneous appearance of new counsel shall constitute a waiver of paragraph (d) above.
All pleadings shall show the name and address, telephone number, FAX number, and attorney number of the individual attorney or attorney filing the same.
If withdrawing counsel is not able to locate his client, he must show satisfactory proof to the Court of a bona fide effort to so locate the client.
(b) Counsel filing pleadings by mail, or otherwise, and who request the return of file-marked copies, shall furnish the Clerk with self-addressed envelopes with sufficient postage attached for such return.
(a) A praecipe shall be prepared in all cases as provided by T.R. 4.
(d) The attorney responsible for securing the order or entry shall furnish the Court with a service list, and furnish sufficient copies for service on each affected party, together with envelopes addressed with sufficient postage for such service.
(c) All orders and entries shall be prepared by counsel except as may be ordered by the Court. In those matters involving routine or simple orders or entries, the same shall be prepared in advance and submitted to the Court. In the event the order or entry is complicated and cannot be prepared in advance, it shall be prepared immediately after the rendering of the order.
(a) Motions to Dismiss per T.R. 12, for judgment on the pleadings, for more definite statement, to strike, or motions per T.R. 37 shall be accompanied by a separate supporting brief.
Each motion shall be filed separately; alternative motions filed together shall each be named in the caption on the face.
- Document
- Motion
- Placement
- Caption
and shall include such in the certificate of service filed with such paper.
- Document
- Filing
Must include
- •Certificate of service
A motion to compel or discovery objection must reproduce the interrogatory or request in full and state its legal basis; failure to state the basis for not responding waives the objection.
Court's wording
(g) In the event of a motion to compel as to interrogatories or production or objections to such discovery are filed, such motion or objections shall set forth in full the interrogatory or request served, and the legal basis upon which the motion or objection is made. Failure to so state the legal basis for not responding to discovery will constitute a waiver of such objections.
Unless the Court orders otherwise, in jury cases the offering party must make copies of exhibits for each juror before trial and make those copies available for opposing counsel to inspect before trial.
Court's wording
Unless otherwise ordered by the Court, in all jury cases, all exhibits to be offered into evidence and to be read by the Jury shall be duplicated by the party offering the same so that each juror shall have a copy to read at the time the same is offered and admitted into evidence. Such copies shall be made prior to trial and counsel shall have the same available for opposing counsel to inspect prior to trial.
Before trial, counsel must pre-mark exhibits, prepare and exchange an exhibit index with a copy to the Court, stipulate to admissibility, and advise the Court of stipulated exhibits.
Court's wording
All exhibits shall be pre-marked by counsel prior to trial, and an index of such pre-marked exhibits prepared and exchanged, with a copy to the Court, and counsel shall stipulate as to the admissibility of any such exhibits prior to trial and advise the Court as to such stipulated exhibits prior to trial.
Copies of the names and addresses of all jury panels called for trial, together with information forms for said panel, and copies of the Court's proposed preliminary instructions shall be available in the Office of the Court Bailiff at least 5 days prior to trial.
If no such challenge is made, counsel shall give to the Court a written acceptance of the Jury as seated on a form provided by the Court.
Peremptory challenges must be written on a Court-supplied form and handed to the Bailiff, who gives them to the Court.
Court's wording
After each side has completed its supplemental examination, peremptory challenges shall be made in writing on a form supplied by the Court, and then handed to the Bailiff, and then given to the Court, and the Court will then excuse the challenged juror.
All proposed findings of fact and conclusions of law in cases where ordered shall be prepared and submitted by counsel at a time to be set by the Court.
Opening statements must briefly and clearly summarize the evidence counsel intends to offer, and may not present unsworn facts, argue evidence, or discuss law except as needed to explain the case theory to the jury.
Court's wording
Opening statements of counsel shall contain a brief summary of the substance of the evidence intended to be offered with necessary explanations in clear and concise form, and the opening statements shall not be used to impose or convey proof by means of unsworn facts or to argue items of evidence or discuss the law except insofar as it is necessary to give the Jury an understanding of the theory of the case.
Such requests for special instructions shall contain citations to supporting authorities.
(a) Indiana Pattern Jury Instructions shall be used where applicable.
(i) The Petition for Dissolution shall include the social security numbers of the parties, and children (if available).
(d) In all dissolutions involving minor children, each party shall submit to the Court the appropriate Worksheet provided in the Indiana Support Guidelines. This Rule shall apply to Summary Dissolution of Marriage Decrees.
(h) At the time of all Dissolution Decrees, where applicable, counsel shall submit proposed Child Support Income Withholding Orders.
If the Court orders marital counseling in addition to the Dissolution workshop, the parties must file copies of the counseling reports with the Court.
Court's wording
(f) In the event marital counseling is ordered by the Court, in addition to the Dissolution workshop, such counseling shall be at the expense of the parties, and the parties shall cause copies of reports of such counseling to be filed with the Court.
(c) In all dissolutions involving minor children, the parties shall comply with the Standing Order to Attend Dissolution Workshop, and shall cause proof of such compliance to be filed with the Court prior to any final hearing. This Rule shall apply to Summary Dissolution of Marriage Decrees.
All attorneys releasing or satisfying a judgment shall notify the Court or Clerk in writing of such release or satisfaction.
Default judgments for failure to plead shall not be entered except after affidavit or motion of moving party, and upon 10 days notice to the defendant's counsel.
For a default judgment based on a written instrument, the original must be produced unless an affidavit states that it is lost or destroyed.
Court's wording
Where the case is founded on a written instrument, such as a note or contract, the original of the instrument must be produced to the Court before a default judgment will be rendered thereon. No copy of such instrument may be used, unless an affidavit is filed that the original is lost or destroyed.
Default-judgment and non-military affidavits must certify the affiant's familiarity and current amounts due, and generally must be signed by a knowledgeable representative rather than counsel.
Court's wording
Such affidavits, as well as non-military affidavits, shall certify that the affiant is familiar with the defendant and the matter sued upon, and shall certify as to the current amounts due in said matter. Such affidavits shall be signed by representatives familiar with the matter and not by counsel for the movant, unless otherwise permitted by the Court.
No default judgment will be entered except after motion and hearing on such motion; provided that the Court may permit the moving party to present evidence by affidavit in support of such motion.
provided however, the judgment plaintiff must first file a Contempt Citation, schedule a hearing thereon, and have the same served, and such bench warrant will then only issue if such defendant fails to appear or otherwise comply with the Court Order.
An order to answer interrogatories may be separate or included in the hearing order, but must provide the specified judgment, hearing, and response information.
Court's wording
(b) An Order to answer interrogatories may be either separate or a part of the Order setting the hearing on the motion for proceedings supplemental, and shall notify the garnishee defendant that a judgment has been secured against the judgment defendant, the amount of the judgment, the date the hearing is set on the pending motion for proceedings supplemental, and advising that the garnishee defendant may appear at said hearing or file written answers to the interrogatories at a date prior to said hearing.
A party receiving a bankruptcy stay order may file a notice with the court, and the notice must include the party's name, the bankruptcy cause number, and the stay's issuance date.
Court's wording
Whenever any party receives an order from a Bankruptcy Court staying proceedings, it shall be sufficient for the party to file a notice of such Order with the Court, which notice shall contain the name of the party, the cause number of the bankruptcy proceeding and the date of the issuance of the stay.
Interrogatories to a garnishee defendant shall be prepared by counsel for the judgment plaintiff, with appropriate blanks after each interrogatory for the response of the garnishee defendant.
(a) A written appearance shall be filed in all criminal cases.
which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court.
In the event the Clerk is to serve the notice, sufficient copies of the notice, together with a praecipe and a form of proof of notice shall be furnished to the Clerk.
All notices shall comply with statutory requirements.
(b) Copies of petitions shall be included with all notices where the hearing involved arises from matters contained in the petition, and if the Clerk is to send the notices, sufficient copies of such petition shall be furnished to the Clerk.
(f) The initial petition to open an estate or guardianship shall contain the social security number, date of birth and address of the fiduciary.
(a) When pleadings are filed by mail, or left with the Court for filing, and counsel desires a copy forwarded to him, counsel shall include a self-addressed envelope with sufficient postage attached for such purposes.
(e) All pleadings shall contain the name of the attorney, together with address, telephone number and attorney identification number.
The attorney is required to prepare orders for all proceedings except when expressly directed otherwise by the Court;
(d) Every pleading, including inventories, petitions, and accounts shall be signed and verified by the fiduciary and signed by the attorney for the fiduciary.
(b) In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of prior inventories.
- Document
- Inventory
Must include
- •A recapitulation of prior inventories
(c) All deeds submitted to the Court for approval shall be signed by the fiduciary and the signature notarized prior to submission, and all such deeds shall be submitted with the Report of Sale of Real Estate, and copies of such deeds shall be also submitted at said time and filed with the Court.
(a) In all supervised estates and guardianships in which real estate is to be sold, a written appraisal prepared by a person competent to appraise real estate shall be filed with the Court with the filing of the Petition for Sale, unless such appraisal was filed with the inventory.
(d)Whenever a Final Order reflects that real estate has vested in heirs or beneficiaries, that Order shall be recorded with the County Recorder of the County where such real estate is situate, and evidence of such recording shall be provided to the Court with the supplemental report.
(c) All social security or Medicare benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accountings unless Court approval has been granted to allow such funds to be paid directly to a residential or health care facility.
(b) All guardianship accounts shall contain a certification of an officer of any financial institution in which the guardianship assets are held, verifying the account balance.
An intermediate account must explain why the estate cannot be closed and estimate its closing date, and propose partial distribution to the extent it would not prejudice distributees or claimants.
Court's wording
Such account-shall comply with the provisions of I.C. 29-1-16-4 and 29-1-16-6, and such account shall: (1) State facts showing why the estate cannot be closed and the estimated date of closing; and (2) Shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.
A petition to sell personal property requires a competent person’s written appraisal stating fair market value, filed with the petition unless previously filed with the inventory; public-auction sales are exempt.
Court's wording
(a) No petition to sell personal property will be granted unless a written appraisal, prepared by a person competent to appraise personal property, setting forth the fair market value thereof, is filed with the Court at the time of the filing of the Petition to Sell, unless such appraisal was filed with the inventory. This rule shall not apply to sales at public auctions.
In all supervised estate and guardianship accountings, vouchers or cancelled checks for the expenditures claimed shall be filed with the accounting.
The specified federal and Indiana tax-closing documents, or qualifying photocopies, must be attached to the final account when it is filed.
Court's wording
The Federal Estate Tax Closing letter and the Indiana Inheritance Tax Closing letter (or counter-signed receipt) or a photocopy thereof showing payment of such taxes, shall be attached to the final account at the time of filing the same.
a certification of the Clerk proving such payment shall be presented to the Court with the final account.
In all accountings a notation shall be placed by each claimed expense item indicating the nature of the expenditure, e.g.
All accountings shall contain an itemized statement of assets on hand.
No affidavits in lieu of vouchers will be accepted from individual fiduciaries.
Fee petitions must comply with the Court’s fee guidelines and detail the services performed, requested amount, and fee calculation.
Court's wording
All petitions for fees shall conform to the fee guidelines fixed by the Court, and attached hereto as an appendix, and said petitions shall set forth specifically all services performed in detail as well as the amount of the fee requested and how the same was calculated.
All Orders for fees in estates shall provide that such fees are to be paid only after approval of the final account.
No fees for fiduciaries or attorneys shall be paid without prior written order of Court.
Filing & Service rules
Electronic Filing Rules
Discovery matters may not be filed with the Clerk, except notices of discovery; other discovery matters submitted for filing must not be file-marked or placed in the case file without Court authority.
(b) Per T.R. 5, no matters involving discovery shall be filed with the Clerk, although notices of discovery are permissible, and in the event such matters, other than notices, are forwarded to the Clerk for filing, the Clerk shall refuse the same and may return them to counsel, or dispose of the same, but in no event are such matters to be file-marked and placed in the case file, without the authority of the Court.
Page 7 | RULE 5(b)
Papers may be filed by fax, and the Court may issue orders by fax.
(f) All papers may be filed by FAX transmission, and the Court may issue orders by FAX transmission.
Page 6 | RULE 4: FORM AND STYLE OF PAPERS, NUMBER OF COPIES, FILING AND SERVICE
Filing Timing and Cure Windows
Parties must submit proposed preliminary instructions to the Court at least 5 days before trial.
All proposed preliminary instructions to be tendered by the parties shall be submitted to the Court at least 5 days prior to trial.
Page 9 | DISTRICT 11 RULES
Trial briefs and preliminary trial motions must be filed at least 5 days before trial.
All trial briefs or preliminary trial motions shall be filed at least 5 days prior to trial;
Page 9 | DISTRICT 11 RULES
When proposed findings and conclusions are ordered, counsel must submit them at the time set by the Court.
All proposed findings of fact and conclusions of law in cases where ordered shall be prepared and submitted by counsel at a time to be set by the Court.
Page 12 | RULE 9: TRIALS
Requests for special instructions must be submitted by the beginning of trial, but counsel may submit additional instructions during trial on matters that could not reasonably have been anticipated.
All requests for special instructions submitted in accordance with TR 51 shall be submitted to the Court not later than the beginning of trial. Counsel shall have the right to submit additional instructions during trial on matters which could not reasonably have been anticipated in advance of trial.
Page 12 | RULE 9: TRIALS
The written no-contact order must be submitted to the Judge on the next business day of the Court.
which shall be reduced to a written no-contact order and submitted to the Judge on the next business day of the Court.
Page 21 | NO CONTACT PROVISIONS
Unless otherwise ordered, the omnibus hearing date is the deadline for completing preliminary discovery and submitting plea agreements for the Court's approval.
(b) Unless otherwise ordered, after initial hearing, an omnibus hearing shall be set in all criminal cases, which hearing date shall be a deadline for completing preliminary discovery, and for submitting plea agreements for the approval of the Court.
Page 23 | RULE 4: INITIAL HEARINGS, OMNIBUS HEARINGS
An inventory must be filed within 60 days for estates, 90 days for permanent guardianships, and 30 days for temporary guardianships, measured from the fiduciary’s appointment.
(a) An inventory shall be filed by the fiduciary in all supervised estates and guardianships as follows: Estates, within 60 days; Guardianships, within 90 days for permanent guardians and within 30 days for temporary guardians. All times relate to the date of the appointment of the fiduciary.
Page 29 | RULE 4: INVENTORY
Real estate must be sold within six months after the Petition for Sale is filed; otherwise, a current appraisal must be filed with the Court.
(b) All sales of real estate shall be made within six months of the date of the filing of the Petition for Sale, and if not, a current appraisal shall be filed with the Court.
Page 29 | RULE 5: REAL ESTATE
If an estate cannot be closed within one year, an intermediate account must be filed with the Court within 30 days after that year ends and each succeeding year thereafter.
(a) Whenever an estate cannot be closed within one year, an intermediate account shall be filed with the Court within 30 days after the expiration of one year and each succeeding year thereafter.
Page 30 | RULE 7: ACCOUNTINGS
A sale must be made within six months after the Petition for Sale is filed; otherwise, a current appraisal must be filed with the Court.
(b) All sales shall be made within six months of the date of the filing of the Petition for Sale, and if not, a current appraisal shall be filed with the Court.
Page 30 | RULE 6: SALE OF ASSETS
Court costs must be paid and all claims satisfied and released before the hearing on the final account.
All court costs shall be paid and all claims satisfied and released before hearing on the final account
Page 31
Receipts or cancelled checks for all distributions must be filed before approval of the final accounting and discharge.
Receipts or cancelled checks for all distributions shall be filed before a final accounting will be approved and discharge granted.
Page 31
A petition to close an estate as insolvent may not be made until an inventory has been filed.
No petition to close an estate as insolvent shall be made until an inventory has been filed;
Page 31
A guardian or guardian’s attorney may petition for fees when filing an inventory, but may not file another fee petition until a biannual, annual, or final accounting has been filed.
A guardian or guardian's attorney may petition for fees at the time of filing an inventory. No further petition for fees may be filed until a biannual, annual or final accounting has been filed.
Page 32 | RULE 8: FEES OF ATTORNEYS AND FIDUCIARIES
The fiduciary must examine the claim docket and allow or disallow each estate claim within 5 months and 15 days after the first published notice to creditors.
(b) The Probate Code expressly requires the fiduciary in estates to examine the claim docket and to allow or disallow each claim filed against the estate within 5 months and 15 days after the date of the first published notice to creditors, and makes the fiduciary personally responsible for any costs caused by the failure to so comply with the Code, and all fiduciaries and attorneys shall comply with this Code provision.
Page 34 | RULE 10: TIMELINESS
Fax transmissions are treated as mailed when computing time under the Indiana trial rules.
Such FAX transmissions shall be considered as mailed for purposes of computing time under the Indiana trial rules.
Page 6 | RULE 4: FORM AND STYLE OF PAPERS, NUMBER OF COPIES, FILING AND SERVICE
Listed expert depositions may be taken after discovery closes if they can be completed and filed a reasonable time before trial.
(b) Depositions of experts, listed on a party's witness list, may be taken for the purpose of using the same as evidence at trial after the date for cutting off discovery, if the same can be completed and filed within a reasonable time before commencement of trial.
Page 13 | RULE 10: DEPOSITIONS, CUSTODY AND DISPOSITION OF EXHIBITS
The offering party must remove exhibits within 90 days after the case is decided, or within 90 days after an appeal concludes, unless the Court orders otherwise.
(d) All exhibits placed in custody of Court Reporter shall be taken away by party offering them in evidence, except as otherwise ordered by the Court, within 90 days after the case is decided, unless an appeal is taken. In all cases in which an appeal is taken exhibits shall be taken away within 90 days after the appeal is concluded. At the time of removal, a detailed receipt shall be given to the Court Reporter and filed.
Page 13 | RULE 10: DEPOSITIONS, CUSTODY AND DISPOSITION OF EXHIBITS
Service and Proof of Service Rules
Counsel must give the client at least 10 days’ written notice before the withdrawal date and file satisfactory evidence of notice; this requirement is waived when new counsel appears simultaneously.
Counsel seeking to withdraw their appearance in any action shall file a motion requesting leave to do so. Such motion shall fix a date for such withdrawal, and thereafter satisfactory evidence of a least 10 days written notice to the client in advance of such date of withdrawal shall be filed with the Court. (e) A withdrawal of appearance accompanied by the simultaneous appearance of new counsel shall constitute a waiver of paragraph (d) above.
Page 4 | LOCAL RULES OF CIVIL PROCEDURE — RULE 1: APPEARANCES AND WITHDRAWAL OF APPEARANCES
For personal service, the requesting party must give the Sheriff the person's name and address, specific driving instructions, employment location and work shift if service is sought there, and the requesting attorney's name and telephone number.
(c) If summons, citations, etc. are to be served by personal service, the party seeking such service shall provide the Sheriff with the name of the person to be served, the address of such person, including specific driving instructions, place of employment and work shift if service is to be had at place of employment, and name and telephone number of the attorney seeking service.
Page 5 | RULE 3: SERVICE OF PROCESS
For service by certified mail, the requesting party must give the Clerk a properly addressed envelope and prepare a return receipt showing the cause number and cause name.
(b) If service is to be had by certified mail, the party requesting such service shall provide the Clerk with a duly addressed envelope and prepare a return receipt with the cause number and name of cause shown thereon.
Page 5 | RULE 3: SERVICE OF PROCESS
Orders or entries submitted to the Court must include enough copies for the Clerk to retain the original and mail a copy to each affected party.
(e) All orders or entries submitted to the Court shall be in sufficient number that the original may be retained by the Clerk, and a copy mailed to each affected party.
Page 6 | RULE 4: FORM AND STYLE OF PAPERS, NUMBER OF COPIES, FILING AND SERVICE
A person seeking service of a paper or pleading must provide the Clerk with enough copies to accomplish service.
(a) Persons seeking service of any paper or pleading shall furnish the Clerk with sufficient copies as may be necessary for such service.
Page 6 | RULE 4: FORM AND STYLE OF PAPERS, NUMBER OF COPIES, FILING AND SERVICE
If an appearance has been entered, the defendant must receive at least 10 days' notice before a hearing on a motion for default judgment.
Default judgments shall be taken as provided by T.R. 55, provided that no hearing on any motion for default judgment will be had, where an appearance, either by an attorney or pro se, has been entered, without at least 10 days notice being given to the defendant.
Page 16 | RULE 14: DEFAULT JUDGMENTS
The defendant's counsel must receive 10 days' notice before entry of a default judgment for failure to plead.
Default judgments for failure to plead shall not be entered except after affidavit or motion of moving party, and upon 10 days notice to the defendant's counsel.
Page 16 | RULE 14: DEFAULT JUDGMENTS
The judgment plaintiff must have the Contempt Citation served before a bench warrant may issue.
provided however, the judgment plaintiff must first file a Contempt Citation, schedule a hearing thereon, and have the same served, and such bench warrant will then only issue if such defendant fails to appear or otherwise comply with the Court Order.
Page 17
When written notice by U.S. Mail is required, the attorney must prepare it with addressed, postage-paid envelopes and ensure it is properly served.
Whenever notice by publication and/or written notice by U. S. Mail is required to be given, the attorney shall prepare such notice with sufficient envelopes required for such mailing, with postage and addresses, and shall ensure that such notice is properly published and/or served.
Page 26 | RULES OF PROBATE PROCEDURE — RULE 1: NOTICE
Notice of an estate opening must be sent by regular U.S. Mail to all readily ascertainable creditors.
(c) Notice of the opening of an estate shall be by regular U. S. Mail to all readily ascertainable creditors.
Page 26 | RULES OF PROBATE PROCEDURE — RULE 1: NOTICE
The attorney must ascertain and provide adequate proof of notice.
It shall be the duty of the attorney to ascertain and provide adequate proof of notice.
Page 26 | RULES OF PROBATE PROCEDURE — RULE 1: NOTICE
An estate may not be closed as insolvent without due notice to all creditors and other interested persons.
no estate shall be closed as insolvent without due notice to all creditors and all other persons interested in the estate.
Page 31
The personal representative must provide the notice immediately upon execution of letters of administration and file proof of service with the Clerk.
(g) In all unsupervised estates immediately upon the execution of letters of administration, the personal representative shall provide a notice to all interested persons of their rights relating to an unsupervised estate as provided by the Indiana Probate Code, and shall file with the Clerk a proof of service of such notice, which notice shall be substantially similar to the one attached in the appendix to these rules.(See Appendix c)
Page 33 | RULE 9: UNSUPERVISED ADMINISTRATION
After disallowing a claim, the fiduciary must notify the claimant or the claimant’s counsel.
Upon disallowance of a claim, the fiduciary shall notify the Court so that the same may be transferred to the plenary docket as provided by law, and the fiduciary shall then have the responsibility of notifying the claimant or the claimant's counsel.
Page 34 | RULE 10: TIMELINESS
Counsel need not exchange instructions until after the evidence has been submitted and a formal tender of proposed special instructions has been made.
Instructions need not be exchanged by counsel until after the evidence has been submitted, and a formal tender of proposed special instructions made.
Page 12 | RULE 9: TRIALS
Filing Fees and Waivers
Additional court costs caused by service of process or pleadings by publication, certified mail, or registered mail must be prepaid to the Clerk.
(a) In the event service of process or pleadings is done by publication, or by certified or registered mail, causing additional court costs, the same shall be prepaid to the Clerk.
Page 5 | RULE 2: FEES AND MISCELLANEOUS CHARGES
A party must pay in advance miscellaneous charges or expenses that are not properly chargeable as costs, including copying, fax, and postage charges.
(c) All miscellaneous charges or expenses not properly chargeable as costs, including charges for copying, for FAX, postage, etc. shall be paid in advance by the party incurring such charges.
Page 5 | RULE 2: FEES AND MISCELLANEOUS CHARGES
Bi-County Accountability Court participants must pay a $100 administrative fee.
Those persons directed to participate in the Bi-County Accountability Court shall pay a $100 administrative fee as well as a problem-solving court services fee of $50 for each month of problem-solving court participation in accordance with IC 33-23-16-23, as amended.
Page 26 | RULE 11: BI-COUNTY ACCOUNTABILITY COURT FEES
The Warren Circuit Court Clerk must collect and transmit the fees within 30 days after collection.
The Clerk of the Warren Circuit Court shall collect and transmit these fees within thirty (30) days after the fees are collected for deposit by the Warren County Auditor in the Bi-County Accountability Court User Fee Fund established under IC 33-37-8, as amended.
Page 26 | RULE 11: BI-COUNTY ACCOUNTABILITY COURT FEES
The Court Reporter may charge no more than $3.50 per page for county indigent, state indigent, and private transcripts.
(b) The maximum per page fee that the Court Reporter may charge for a county indigent transcript, a state indigent transcript and private transcript is $3.50 per page.
Page 19 | RULE 18: COURT REPORTER
Individuals ordered to enroll may be charged up to the maximum permitted by the cited statute.
All individuals ordered to enroll in the Fountain County Court Alcohol and Drug Program may be charged up to a maximum provided for by Indiana Code 12-23-14-16, as amended.
Page 25 | RULE 9: COURT ALCOHOL AND DRUG PROGRAM FEES
Courtesy Copy Requirements
When a Special Judge qualifies, counsel must forward copies of all papers previously filed in the cause.
Counsel shall also forward to such Special Judge copies of all papers filed in the cause prior to the qualification of the Special Judge upon the qualification of such Judge.
Page 7 | RULE 5: MOTION PRACTICE, HEARINGS, ATTORNEY CONFERENCES, DISCOVERY FILINGS, RESOLUTIONS OF PENDING MOTIONS, ETC.
When a Special Judge presides, counsel must furnish the Judge copies of each filing when filed.
(g) In any cause in which a Special Judge is presiding, counsel shall furnish such Judge with copies of all matters filed in the cause at the time of filing, and shall include such in the certificate of service filed with such paper.
Page 7 | RULE 5: MOTION PRACTICE, HEARINGS, ATTORNEY CONFERENCES, DISCOVERY FILINGS, RESOLUTIONS OF PENDING MOTIONS, ETC.
Four copies of a proposed Inheritance Tax Order must be left with the Court when the tax schedules are filed.
in every event, four copies of a proposed Inheritance Tax Order shall be left with the Court at the time of the filing of the tax schedules.
Page 27 | RULE 2: FILING OF PLEADINGS
Pre-Motion Conference Requirements
Unless the Court directs otherwise, an answer brief is due 15 days after service of the initial brief and a reply is due 7 days after service of the answer brief; a missed deadline subjects the motion to summary ruling.
Unless the Court otherwise directs, an adverse party shall have 15 days after service of the initial brief in which to serve and file an answer brief, and the moving party shall have 7 days after service of the answer brief in which to serve and file a reply thereto. Failure to file an answer or reply brief within the time prescribed shall subject the motion to summary ruling.
Page 7 | RULE 5(a)
Before the Court will rule on a discovery motion under TR 26–37, moving counsel must advise the Court in writing that personal consultation and a bona fide attempt to resolve the dispute did not produce agreement.
(e) To curtail delay in the administration of justice, the Court shall refuse to rule on any and all motions involving discovery matters per TR 26-37 unless moving counsel shall first advise the Court in writing that after personal consultation and a bona fide attempt to resolve differences, counsel are unable to reach an accord.
Page 8 | RULE 5(e)
A party may request oral argument, which the Court may grant in its discretion except with respect to motions for summary judgment.
A party may request an oral argument upon the motion, but the granting of the same is discretionary with the Court, except with respect to motions for summary judgment.
Page 7 | RULE 5(a)
Adjournment & Extension Requirements
An extension of time to file responsive pleadings requires a written motion and a Court order.
(c) No extensions of time to file responsive pleadings shall be granted except upon written motion and order of Court.
Page 7 | RULE 5(c)
Without agreement of the parties, a continuance requires a written verified motion.
(b) In the absence of an agreement, no continuance will be granted except upon written verified motion.
Page 8 | RULE 6: CONTINUANCES IN CIVIL CASES
Extensions of pre-trial cut-off dates may be made only by court order.
Extensions of cut-off dates set in pre-trial procedure shall not be altered except by order of Court.
Page 9 | DISTRICT 11 RULES
An initial or omnibus hearing may be continued only by agreement or written motion.
No continuance of any initial hearing or omnibus hearing shall be except by agreement or upon written motion.
Page 24 | RULE 6: CONTINUANCES
A trial setting may be continued only upon written motion.
No continuances of any trial setting shall be had except upon written motion.
Page 24 | RULE 6: CONTINUANCES
One continuance for a trial or hearing setting may be granted on an oral or written motion when the parties or their counsel agree.
(a) One continuance may be granted in any case of any trial or hearing setting by agreement of the parties or their counsel upon oral or written motion.
Page 8 | RULE 6: CONTINUANCES IN CIVIL CASES
Chambers Communication Rules
Parties must immediately notify the Court of a reasonably anticipated settlement or the resolution of a pending motion or matter.
(d) Parties shall immediately notify the Court of any reasonably anticipated settlement of a case or the resolution of any pending motion or matter.
Page 8 | RULE 5(d)
Counsel must obtain prospective juror information forms from the Bailiff and review them before jury selection; questions already adequately answered in the forms may not be asked.
Jury information forms of prospective jurors shall be on file with the Court Bailiff, and copies of same shall be given to all parties prior to trial, but it shall be the responsibility of counsel to obtain them from the Bailiff and to review the same prior to commencing jury selection, and no questions shall be asked of prospective jurors which are adequately answered in such jury information forms.
Page 10 | RULE 8: JURY SELECTION
Counsel must secure a hearing date from the Court when filing a motion for proceedings supplemental, and the hearing will be set at that time.
Hearings on motions for proceedings supplemental will be set at the time of the filing of the motion, and counsel shall secure a hearing date from the Court at the time of such filing;
Page 16 | RULE 15: PROCEEDINGS SUPPLEMENTAL, ATTACHMENTS, ORDERS IN GARNISHMENT
The guardian must agree to notify the Court immediately if circumstances make the school guardianship no longer necessary.
the “guardian” shall agree to immediately notify the Court if and when circumstances occur whereby such “school guardianship” is no longer necessary.
Page 36
The Senior Judge must notify the regular Judge of the emergency action within five business days, using any form reasonably calculated to inform the Court; the notice does not affect jurisdiction to issue the emergency order.
Such Senior Judge shall within five (5) business days notify the regular Judge of such emergency matter action and the regular Judge shall cause an order to be issued regarding such emergency matter jurisdiction. Such Senior Judge notification can be in any form reasonably calculated to inform the Court and shall not affect the jurisdiction to issue such emergency order.
Page 37 | Jurisdiction of Senior Judges
Counsel who wish to have the materials mailed should provide the Bailiff with a sufficiently postage-paid envelope.
Counsel wishing the same to be mailed to them should furnish to the Bailiff an envelope, with sufficient postage, for such purpose.
Page 10 | DISTRICT 11 RULES
The Court or the Bailiff must be notified before the Court computer is used for research.
and the Court computer shall not be used for research purposes without notifying the Court or the Bailiff of such use.
Page 13 | RULE 11: LIBRARY
During regular court business hours, the Prosecuting Attorney, alleged victim, or advocate may petition for a non-contact or ex parte protective order.
During regular court business hours the Prosecuting Attorney, alleged victim or advocate may petition for a non-contact order or ex parte protective order.
Page 21 | NO CONTACT PROVISIONS
Outside regular court business hours, the Prosecuting Attorney or Sheriff may contact a Judge to request release on bond or oral authorization for a no-contact order.
If a no-contact order is needed at times other than regular court business hours, the Prosecuting Attorney or the Sheriff may contact a Judge and request release of the arrested person on bond or an oral authorization for a no-contact order,
Page 21 | NO CONTACT PROVISIONS