Grant County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Estate petition

A petition to open an estate must state the probable value of the personal property and the estimated annual rents and profits from estate property.

A. All petitions to open an estate shall set forth the probable value of the personalproperty plus the estimated annual rents and profits to be derived from the property in the estate.

CRITICAL

Applies to

Discovery motion

When a defendant is unrepresented, the parties must request discovery by written motion filed with the court.

If a Defendant is not represented by an attorney, the above duties do not apply. The parties must file written motions with the court to request discovery.

CRITICAL

Applies to

Bankruptcy notice

When a party’s bankruptcy filing stays a local proceeding, the party must promptly file and serve a notice containing the listed bankruptcy and attorney information.

When a local court proceeding is stayed by federal bankruptcy law, such as when a party to the local court proceeding files a bankruptcy proceeding, that party shall promptly file with the local court and serve on every other party to thelocal proceeding a notice reciting: 1. the filing of a bankruptcy petition by the party; 2. the bankruptcy case number; 3. the date the bankruptcy proceeding was filed; 4. the name and address of the bankruptcy court; and 5. the name, address, and phone number of the attorney representing theparty in the bankruptcy proceeding, if any.

CRITICAL

Applies to

Guardianship hearing

In adult incapacity proceedings, the alleged incapacitated person must attend the hearing unless the petitioner presents sufficient medical evidence that attendance would harm the person's health or safety.

In all guardianship or protective proceedings seeking to declare an adult incapacitated, either the person alleged to be incapacitated shall be present at the hearing or the petitioner shall present sufficient medical evidence to establishthat a Court appearance would result in injury to the person's health or safety.

CRITICAL

Applies to

Unsupervised estate inventory or certification

In an unsupervised estate, the personal representative must file either a conforming inventory or a verified certification that the inventory is prepared and available to distributees on request.

D. In all unsupervised estates, the Personal Representative shall, within two (2)months of appointment either: 1. file an inventory conforming with the requirements of I.C. 29-1- 7.5-3.2(b); or 2. file a verified certification that an inventory conforming with therequirements of I.C. 29-1-7.5-3.2 has been prepared and is available to be furnished to distributees on request.

CRITICAL

Applies to

Status report

For an estate opened solely to prosecute a wrongful claim, the Personal Representative must annually file a status report on the claim or suit’s progress.

H. In estates opened for the sole purpose of prosecuting a wrongful claim the Personal Representative shall annually file a status report as to the progress ofthe claim or suit.

CRITICAL

Applies to

Minor guardianship petition

A petition to appoint a guardian of a minor child's person must provide the child's identifying and residence history and specified information about custody litigation and third-party custody or visitation claims.

G. In every petition for the appointment of a guardian of the person of a minor child,the following information shall be given: 1. The child's birth date and present address; 2. The places where the child has lived within the past two (2) yearsand the names and present addresses of persons with whom thechild has lived during that period; 3. Whether, to Petitioner's knowledge, any other litigation is pendingconcerning the custody of the child in this or any other state. 4. Whether, to Petitioner's knowledge, any person not a party to the guardianship proceeding has physical custody of the child or claimsto have custody or visitation rights with respect to the child.

CRITICAL

Applies to

Guardianship accounting

Permanent guardianships require biennial estate accountings or person reports, and person reports must state the protected person's present residence and general welfare.

F. Biennial accountings will be required in all permanent guardianship of the estate cases, unless otherwise ordered by the Court. Biennial reports will be required in all permanent guardianship of the person cases. Biennial reports filed by guardians of the person shall state the present residence and general welfare of the incapacitated person.

CRITICAL

Applies to

Tax return

The guardian must file federal and state tax returns for the Protected Person and pay taxes.

D. You must file Federal & State Tax Returns for the Protected Person & pay taxes.

CRITICAL

Applies to

Bankruptcy court order

The party must promptly file and serve a copy of a bankruptcy court order closing or dismissing the case, or granting or denying discharge.

The party shall also promptly file with the local court and serve on every other party to the local proceeding a copy of the bankruptcy court order setting out anyof the following: 1. the order closing the case; 2. the order dismissing the case; 3. the order granting or denying the discharge.

CRITICAL

Applies to

Pleading

A pleading must be signed by at least one attorney of record; an inadvertently accepted unsigned pleading must be corrected promptly when the omission is discovered.

Any pleading not signed by at least one attorney appearing of record as requiredby Rule T.R. 11 of the Indiana Rules of Procedure shall not be accepted for filingby the Clerk or if inadvertently accepted for filing, shall, upon discovery of the omission, be promptly corrected.

CRITICAL

Applies to

Supervised estate inventory

In a supervised estate, the personal representative must file an inventory conforming to I.C. 29-1-12-1.

C. In all supervised estates, the Personal Representative shall file an inventoryconforming with the requirements of I.C. 29-1-12-1 within two (2) months of appointment.

CRITICAL

Applies to

Guardian instructions form

A guardian of the estate who is not a corporate fiduciary must sign and file the attached financial-matters instructions form within five days of the appointment order.

H. In all cases where the guardian of the estate is not a corporate fiduciary, the guardian shall sign and file with the Court, within five (5) days of the order appointing guardian, the "Instructions to Guardian Concerning Financial Matters"form attached to these Rules as Exhibit B.

CRITICAL

Applies to

Verified inventory and appraisement

A. You are required to file in the Clerk’s Office a verified inventory and appraisement of all property belonging to the Protected Person within ninety (90)days after your appointment.

A. You are required to file in the Clerk’s Office a verified inventory and appraisement of all property belonging to the Protected Person within ninety (90)days after your appointment.

CRITICAL

Applies to

Verified petition to commence without prepayment of court costs

A person seeking to commence an action without prepaying court costs must file a verified petition prescribed by Indiana Code Section 33-37-3-2.

Persons desiring to commence an action without pre-payment of court costs shallfile with the Court their verified petition as prescribed by Indiana Code Section 33-37-3-2.

CRITICAL

Applies to

Intermediate account

An intermediate account for a supervised estate must state why the estate cannot be closed and provide an estimated closing date.

F. Whenever a supervised estate cannot be closed within one (1) year, the Personal Representative shall file an intermediate account with the Court withinthirty (30) days after the expiration of one (1) year and each succeeding year thereafter. The accounting: 1. Shall state facts showing why the estate cannot be closed and anestimated date of closing.

CRITICAL

Applies to

Guardian acknowledgment

The guardian’s acknowledgment must affirm receipt of the instructions and, under penalties for perjury, an intent to follow them carefully.

I acknowledge receipt of a copy of the above instructions and affirm under the penaltiesfor perjury that I will follow the instructions carefully.

CRITICAL

Applies to

Verified accounting

Each periodic accounting must be verified, detail property and income received and expenses paid, and include receipts verifying each expenditure.

B. Every two (2) years you must file with the Court a verified accounting detailing allproperty and income received and all expenses paid with receipts to verify each expenditure of the guardianship.

CRITICAL

Applies to

Guardianship proceeding

A physician's report must be completed and presented in an adult incapacity guardianship or protective proceeding; the remainder of the instruction is not included in the text chunk.

a physician's report must be completed and presented to the

CRITICAL

Applies to

Pleading

Every pleading must identify the filing attorney’s name, address, email address, and telephone number.

Every pleading filed, including estates and guardianships, shall clearly identifythe name, address, e-mail address and telephone number of the attorney filing the pleading.

CRITICAL

Applies to

Personal representative bond

A personal representative must file a court-determined corporate surety bond in supervised and unsupervised estates, subject to the stated exceptions and possible bond adjustments.

B. In every unsupervised and supervised estate the Personal Representative shall file a corporate surety bond in an amount determined by the Court to be adequate to protect distributees, creditors and taxing authorities, except: 1. No surety bond is required where a corporate fiduciary serves asPersonal Representative or Co-Personal Representative. 2. No surety bond is required in a solvent estate where the decedent'sspouse serves as Personal Representative and is the sole distributee. 3. Where a Will provides that bond be dispensed with, the Court mayfix a bond in an amount adequate to protect creditors and taxing authorities. 4. Where the Personal Representative is a distributee, the bond maybe reduced by the Personal Representative's estimated net distributive share, but the Court will fix a bond adequate to protectother distributees (if any), creditors and taxing authorities. 5. Where all distributees consent in writing that the Personal Representative serve without bond, the Court may fix a bond in anamount adequate to protect creditors and taxing authorities.

CRITICAL

Applies to

Guardian bond and oath

A newly appointed guardian must post the bond set by the Court and take an oath to perform the guardian’s duties faithfully.

Upon being appointed guardian, you are required to a post a bond in the amount set bythe Court and take an oath to faithfully discharge your duties as guardian.

CRITICAL

Applies to

Closing statement

A closing statement must be filed in an unsupervised estate within one year after the estate is opened.

G. In unsupervised estates a closing statement shall be filed within one (1) year after opening the estate.

CRITICAL

Applies to

Guardian bond

A guardian or co-guardian must provide a bond equal to the protected person's assets unless a corporate fiduciary serves.

No surety bond is required where a corporate fiduciary serves as guardian or co-guardian. In all other cases, a bond will be required in an amount equal to the value of the protected person's assets.

CRITICAL

Applies to

Motion seeking court order

Must include

proposed order

Each motion seeking a court order must include a proposed order.

All motions seeking an order of the Court shall be e-filed with a proposed order.

CRITICAL

Applies to

Pretrial notice

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

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 can consider the issue and rule appropriately before trial.

CRITICAL

Applies to

Prosecution discovery

In the specified felony and related misdemeanor cases, the Prosecuting Attorney must furnish the listed discovery materials to the Defendant’s attorney within 30 days after the initial hearing, unless relieved by court order.

In all Murder, class A, class B, class C, and class D felony cases, (filed prior to July 1, 2014); and in all F1 (Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony); F5 (Level 5 felony); F6 (Level 6 felony); MC (Miscellaneous Criminal), and misdemeanors in conjunction with Level 1, 2, 3, 4, 5, and 6 felonies (filed after July 1, 2014), unless relieved by court order, the Prosecuting Attorney shall, within thirty (30) days after the initial hearing furnish the attorney for the Defendant the following: 1. The names and addresses of persons whom the Prosecuting Attorney intends to call as witnesses at the trial, together with their relevant written or recorded statements; 2. Any written or recorded statements and any summaries of oral statements made by the accused herein or any statements of others which contain a declaration of the accused; 3. Those portions of the Grand Jury minutes which contain statements of witnesses whom the Prosecutor intends to call and directly examine at trial, which statements are probably within the control of the prosecution and which statements will relate to matters covered in the witness’ testimony in this case, for the purpose of cross-examination and impeachment of such witness’ credibility; 4. The relevant testimony which is reduced to writing of persons whom the Prosecutor intends to call as a witness at the trial, but who did not testify before the Grand Jury; 5. Any reports or statements of experts made in connection with this case, including results of physical or mental examination and of scientific tests, experiments, and comparisons; 6. Any books, papers, documents, photographs or tangible objects, which the Prosecuting Attorney intends to use in the trial or which were obtained from or belong to the accused or his family; 7. Any declarations against interest made by the Defendant; 8. Any evidence the Prosecutor might have, favorable to the Defendant; 9. Copies of any photographs which the prosecution has in its possession

CRITICAL

Applies to

Status report

If an unsupervised estate cannot be closed within one year, the Personal Representative must file a status report explaining why and estimating the closing date.

Whenever an unsupervised estate cannot be closedwithin one (1) year, the Personal Representative shall file a status report indicating why the estate cannot be closed and an estimated date of closing.

CRITICAL

Applies to

Notice of hearing

The Court sets motion hearing times; a notice of hearing must not specify a date unless the Judge or Court Reporter has first authorized it.

The time of hearing motions shall be fixed by the Court. Dates of hearings shall not be specified in the notice of hearing of the motion unless prior authorization shall be obtained from the Judge or Court Reporter.

CRITICAL

Applies to

Cash bond agreement

The Defendant and any other person posting cash must execute an agreement authorizing the Court, if the Defendant is convicted, to use all or part of the cash to pay the following: 1) fines; 2) costs; 3) fees; 4) publicly paid costs of representation; and 5) restitution. [See I.C. § 35-33-8-1.5 and I.C. § 35-33-8-3.2(a).] In addition, the agreement must authorize the Defendant to use all or part of the cash to privately employ and pay an attorney to represent the Defendant in the criminal case. [See State ex rel. Williams v. Ryan, 490 N.E.2d 1113 (Ind. 1986).]

The Defendant and any other person posting cash must execute an agreement authorizing the Court, if the Defendant is convicted, to use all or part of the cash to pay the following: 1) fines; 2) costs; 3) fees; 4) publicly paid costs of representation; and 5) restitution. [See I.C. § 35-33-8-1.5 and I.C. § 35-33-8-3.2(a).] In addition, the agreement must authorize the Defendant to use all or part of the cash to privately employ and pay an attorney to represent the Defendant in the criminal case. [See State ex rel. Williams v. Ryan, 490 N.E.2d 1113 (Ind. 1986).]

CRITICAL

Applies to

Final accounting

The final accounting must detail property and income received and expenses paid, with receipts verifying each expenditure.

E. You are required to file a final accounting with the Court upon the termination of the guardianship or upon the death of the Protected Person detailing all propertyand income received and all expenses paid with receipts to verify each expenditure.

WARNING

Applies to

Evidence receipt

A party removing evidence must give the court reporter a detailed receipt, which becomes part of the court file.

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

WARNING

Applies to

Withdrawal of original records

Original court records or exhibits may be withdrawn only by court order and after leaving a proper receipt with the custodian.

No person shall withdraw any original pleading, paper, record, model or exhibit from thecustody of the Clerk or other officer of the Court having custody thereof except (1) uponorder of a Judge of the Court and (2) upon leaving a proper receipt with the Clerk or officer.