Fountain County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

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;

CRITICAL

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

1 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

WARNING

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.

WARNING

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.