Fountain County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Praecipe

A praecipe must be prepared in every case as provided by T.R. 4.

(a) A praecipe shall be prepared in all cases as provided by T.R. 4.

CRITICAL

Applies to

Guardianship accounting

Guardianship accounts must include and account for Social Security and Medicare benefits received for an incapacitated person unless the Court approves direct payment to a residential or health care facility.

(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.

CRITICAL

Applies to

Default judgment

A default judgment requires a motion and hearing, although the Court may permit supporting evidence by affidavit.

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.

CRITICAL

Applies to

Guardianship account

Every guardianship account must include certification from an officer of each financial institution holding guardianship assets that verifies the account balance.

(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.

CRITICAL

Applies to

Release or satisfaction notice

Attorneys must notify the Court or Clerk in writing when they release or satisfy a judgment.

All attorneys releasing or satisfying a judgment shall notify the Court or Clerk in writing of such release or satisfaction.

CRITICAL

Applies to

Petition for unsupervised administration

A petition for unsupervised administration must state the estimated value of all estate property and the estate’s estimated liabilities.

(b) The petition requesting unsupervised administration shall set forth the estimated value of all property and the estimated liabilities of the estate.

CRITICAL

Applies to

Motion

Each motion must be filed separately, and alternative motions filed together must each be named in the caption.

Each motion shall be filed separately; alternative motions filed together shall each be named in the caption on the face.

CRITICAL

Applies to

Appearance

A written appearance must be filed in every criminal case.

(a) A written appearance shall be filed in all criminal cases.

CRITICAL

Applies to

Special instructions

Requests for special instructions must include citations to supporting authorities.

Such requests for special instructions shall contain citations to supporting authorities.

CRITICAL

Applies to

Trial exhibits

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.

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.

CRITICAL

Applies to

Petition for guardian of minor

A petition to appoint a guardian of a minor must provide the listed information, except when it is a routine school guardianship.

In every petition for the appointment of a guardian of the person of a minor (other than a routine "school guardianship") the following information shall be given: A) Present address of the child; B) The places where the child has lived within the past two years and the names and present addresses of the persons with whom the child has lived during that period; C) Whether, to petitioner's knowledge, any other litigation of any kind is pending concerning the custody of the child in Indiana or in any other jurisdiction; D) Whether, to petitioner's knowledge, any person not a party to the guardianship proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child; E) If the child is born out of wedlock, the name of the putative father of the child, and his address, and the name and address of the natural mother of the child.

CRITICAL

Applies to

Peremptory challenge

Peremptory challenges must be written on a Court-supplied form and handed to the Bailiff, who gives them to the Court.

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.

CRITICAL

Applies to

Notice

All notices must comply with statutory requirements.

All notices shall comply with statutory requirements.

CRITICAL

Applies to

Jury instructions

Indiana Pattern Jury Instructions must be used when applicable.

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

CRITICAL

Applies to

Marital counseling reports

If the Court orders marital counseling in addition to the Dissolution workshop, the parties must file copies of the counseling reports with the Court.

(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.

CRITICAL

Applies to

Intermediate account

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.

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.

CRITICAL

Applies to

Notice

Include copies of the petition with notices for hearings arising from matters in the petition, and furnish sufficient petition copies to the Clerk if the Clerk sends the notices.

(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.

CRITICAL

Applies to

Proof of compliance

In dissolutions involving minor children, including summary dissolution decrees, the parties must comply with the workshop order and file proof of compliance before any final hearing.

(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.

CRITICAL

Applies to

Court order

The regular Judge must cause an order regarding the emergency matter jurisdiction to be issued.

the regular Judge shall cause an order to be issued regarding such emergency matter jurisdiction.

CRITICAL

Applies to

Guardianship hearing

In an adult-incapacity guardianship hearing, the person must be present unless sufficient evidence shows they cannot appear or appearing would endanger their health.

(a) In all guardianship proceedings seeking to declare an adult incapacitated for any reason, the incapacitated person shall be present at the hearing or sufficient evidence shall be presented showing that the alleged incapacitated person is unable to appear, or that said appearance would result in danger to his or her health.

CRITICAL

Applies to

Petition to sell

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.

(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.

CRITICAL

Applies to

Interrogatories

Counsel for the judgment plaintiff must prepare the interrogatories with a response blank after each question.

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.

CRITICAL

Applies to

Pleading

Every pleading, including inventories, petitions, and accounts, must be signed and verified by the fiduciary and signed by the fiduciary’s attorney.

(d) Every pleading, including inventories, petitions, and accounts shall be signed and verified by the fiduciary and signed by the attorney for the fiduciary.

CRITICAL

Applies to

Motion to withdraw appearance

Counsel unable to locate a client must show the Court satisfactory proof of a bona fide effort to locate the client.

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.

CRITICAL

Applies to

Filing

Must include

certificate of service

The certificate of service filed with each paper must reflect that a copy was furnished to the Special Judge.

and shall include such in the certificate of service filed with such paper.

WARNING

Applies to

Accounting

The Court may require a corporate fiduciary to provide an Internal Audit Department certification verifying the accounting’s accuracy.

The Court may require such institution to provide a certification from its Internal Audit Department verifying the accuracy of the accounting.

WARNING

Applies to

Receipt

A receipt must be left with the Bailiff before a book is removed from the Court library.

No book shall be removed from the Court library without a receipt being left therefor with the Bailiff;

WARNING

Applies to

Receipt

When exhibits are removed, a detailed receipt must be given to the Court Reporter and filed.

(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.

WARNING

Applies to

Accounting

The Court may accept a corporate fiduciary’s affidavit instead of vouchers if the fiduciary retains the vouchers and agrees to make them available to interested parties upon court order.

An affidavit in lieu of vouchers may be accepted by the Court from corporate fiduciaries provided it retains their vouchers on file or by an electronic recording device, and it agrees to make the same available to interested parties upon court order.

WARNING

Applies to

Transferred claim

Must include

case number

A transferred claim must retain the estate’s cause number while the matter remains in the Fountain Circuit Court.

Transferred claims shall carry the same cause number of the estate so long as the matter remains in the Fountain Circuit Court.

WARNING

Applies to

Judgment or order

Counsel are responsible for preparing judgments and orders when required by the Court.

It is the responsibility of counsel to prepare judgments and orders as may be required by the Court.

INFO

Applies to

School guardianship

For a routine school guardianship, the Court may waive the filing of reports or the posting of a bond.

the Court may waive the filing of any reports or the posting of any bond

INFO

Applies to

Petition for fees

A personal representative may petition the Court to approve earlier payment of fees if doing so would benefit the estate for tax or another purpose.

If payment of fees prior to approval of the final account would benefit the estate for tax purposes or some other purpose, personal representative may petition the Court for the approval of such fees.

INFO

Applies to

Appraisal

No written appraisal is required to sell market-traded assets whose value is readily ascertainable.

(c) No written appraisal shall be required for sale of assets traded in a market, the value of which is readily ascertainable, such as stocks, bonds, mutual funds, commodities, precious metals, etc.