Hamilton County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Request for waiver of initial hearing

The attorney must sign the Request for Waiver of Initial Hearing using court-approved Form CR00-306, available at the Magistrate’s office.

a. Sign a Request for Waiver of Initial Hearing on the [Form CR00-306] approved by the Courts and available at the Magistrate’s office; and

CRITICAL

Applies to

Financial declaration

All parties must submit Declarations to the court as an exhibit immediately before a contested hearing involving child support, disposition of assets, or maintenance.

All parties shall submit Declarations to the court as an exhibit immediately prior to any contested hearing involving child support, the disposition of assets, or maintenance.

CRITICAL

Applies to

Personal representative deed

A Personal Representative’s Deed may not be approved in an unsupervised estate.

707.50 No Personal Representative’s Deed shall be approved in unsupervised estates.

CRITICAL

Applies to

Child support obligation worksheet and financial declaration

In matters involving child support or disposition of assets, parties must complete the specified worksheets and financial declarations in full using the courts’ adopted forms.

Parties shall complete, in full, the Indiana Child Support Obligation Worksheets (Form FL00-402A) and Financial Declarations (Form FL00-402B) on the forms adopted by the Hamilton County Circuit and Superior Courts in all matters involving child support or disposition of assets.

CRITICAL

Applies to

Accounting

Every accounting submitted to the Court must contain an itemized statement of assets on hand.

All accountings to the Court shall contain an itemized statement of the assets on hand.

CRITICAL

Applies to

Petition for unsupervised administration

A petition for administration without court supervision requires fulfillment of the statutory consent requirement before it may be granted.

712.10 No petition for administration without court supervision shall be granted unless the consent requirement of IC 29-1-7.5-2(a) is fulfilled.

CRITICAL

Applies to

Accounting

Each expenditure in a supervised estate or guardianship accounting must state its reason or nature unless the payee name already indicates it.

In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for or nature of the expenditure unless the payee name indicates the nature of the expenditure.

CRITICAL

Applies to

Proposed order

A proposed order must contain a complete distribution list of all attorneys and self-represented litigants, with full mailing and email addresses.

Contain a complete distribution list of all attorneys and pro se litigants with full addresses, including email addresses.

CRITICAL

Applies to

Cash bond agreement

A person must sign the Cash Bond Agreement before posting a cash bond with the Hamilton County Sheriff or Clerk.

All cash bonds shall be posted with the Hamilton County Sheriff or the Hamilton County Clerk only after the person posting the bond has signed the Cash Bond Agreement.

CRITICAL

Applies to

Continuance motion

Must include

proposed order

Every continuance motion must include a proposed order conforming to the cited rules and providing space for the Court to set a new hearing or trial date.

206.30 All motions for continuance shall be accompanied by a proposed order in conformity with LR29-TR77-202 and LR29-TR00-205 containing a space for the Court to set a new date for the hearing or trial.

CRITICAL

Applies to

Affidavit

A nonresident personal representative or guardian must appear or submit an affidavit describing their education, employment, and lack of felony convictions.

703.20 Nonresident personal representatives and guardians shall either appear or submit an affidavit describing their education, employment, and lack of felony convictions.

CRITICAL

Applies to

Status report

When an estate remains open for one year, the personal representative must file a status report on wrongful death claims; if an action is pending, the report must identify its cause number and court.

717.20 When an estate remains open one (1) year, the personal representative shall file a status report as to any wrongful death claims. If an action is pending, the report shall show the cause number and the Court.

CRITICAL

Applies to

Accounting

A guardian filing an accounting under LR29-PR00-710 must attach the most recent bank statement showing all transactions on the account.

716.80 When the guardian files an accounting pursuant to LR29-PR00-710, then such guardian shall be required to attach a copy of the most recent bank statement showing any and all transactions on such bank account (Forms PR00-12, PR00-16).

CRITICAL

Applies to

Initial hearing waiver filings

The attorney must file a written Appearance, a CCS entry, and the Request for Waiver of Initial Hearing at the Clerk’s office.

c. File a written Appearance, a CCS entry [Form TR77-202], and the Request for Waiver of Initial Hearing at the Clerk’s office.

CRITICAL

Applies to

Designation of evidence

Previously filed or issued documents designated as evidence must be included and listed in the Designation of Evidence with an Exhibit Letter and short Title.

Documents that are designated as evidence that have already been filed or issued in the case, such as the Complaint, Answer, Orders, etc., shall be listed and included in the Designation of Evidence and assigned an Exhibit Letter and short Title as required above.

CRITICAL

Applies to

Designation of evidence

Exhibit lettering in each Designation of Evidence must begin with A and proceed alphabetically.

In each Designation of Evidence, Exhibits shall begin with the letter “A” and proceed through the alphabet.

CRITICAL

Applies to

Designation of evidence

Each exhibit’s first page must show an Exhibit Letter and short Title, and no document or individual page may be designated without them.

Each Exhibit shall be marked on its first page with an Exhibit Letter and short Title. No document or individual page may be designated as evidence that does not contain an Exhibit Letter and a short Title.

CRITICAL

Applies to

Guardianship accounting

Every guardianship accounting must contain Form PR00-5, a certification by an officer of the financial institution holding the assets that verifies the account balance.

710.20 All guardianship accountings shall contain a certification of an officer of a financial institution in which guardianship assets are held, verifying the account balance (Form PR00-5).

CRITICAL

Applies to

Motion to strike or opposition

Must include

word count

A Motion to Strike or opposition that exceeds the page limits must contain a Word Count Certificate.

Motions to Strike and Oppositions to Motions to Strike exceeding the page limits shall contain a Word Count Certificate as described above (see 213.10, c.).

CRITICAL

Applies to

Trial de novo request

A trial de novo request must meet Indiana Rule 1(B)(4); an indigence affidavit and undertaking must use the court-provided form, and the request may be stricken if the filer can afford but fails to post the required bond or deposit by the court-set time.

a. The Clerk shall not accept for filing or file a request for trial de novo unless it meets the requirement of Indiana Rule 1(B)(4). Further, the Clerk shall not accept or file a request for trial de novo supported by an affidavit of indigence and personal undertaking unless the affidavit and personal undertaking are on the form provided by the Courts. If a request for trial de novo supported by an affidavit of indigence and personal undertaking is accepted for filing, it may be ordered stricken from the record if the Court in which it is filed determines that the party filing the request is able to afford to post a surety bond or cash deposit and the party fails to post the surety bond or cash deposit required within the time set by the Court.

CRITICAL

Applies to

Designation of evidence

An exhibit title must identify the specific document by its content, and the exhibit’s letter and title must match the Table of Contents.

The Exhibit Title shall identify the specific document by is content, such as “Affidavit of Mary Rose;” “Credit Card Statements 2007-2019;” or “Deposition of John Henry.” The Exhibit Letter and Title shall match the Exhibit Letter and Title as stated in the Table of Contents.

CRITICAL

Applies to

Duplicate charging instrument

Upon receiving the notice of the request, the Prosecutor is ordered to file within fifteen (15) days a duplicate charging instrument charging the offense or offenses as originally filed with the city or town court together with any additional charging instrument charging additional or amended counts also filed with the city or town court.

Upon receiving the notice of the request, the Prosecutor is ordered to file within fifteen (15) days a duplicate charging instrument charging the offense or offenses as originally filed with the city or town court together with any additional charging instrument charging additional or amended counts also filed with the city or town court.

CRITICAL

Applies to

Deed

Submit deeds and their copies with the Report of Sale of Real Estate or at the Final Account hearing, and file copies with the Court for its records.

707.30 All such deeds shall be submitted with the Report of Sale of Real Estate or at the time of the hearing on the Final Account. Copies of such deeds shall be submitted with the Report of Sale of Real Estate or at the time of the hearing on the Final Account. Copies of such deeds shall be filed with the Court for its records.

CRITICAL

Applies to

Designation of evidence

The designation must have one Table of Contents at the beginning of Volume I; if multiple volumes are required, Volume I must contain only the Table of Contents and the evidence begins in Volume II.

A Designation of Evidence shall contain a single Table of Contents for the entire designation, which shall be submitted at the beginning of Volume I. If more than one volume is required, pursuant to 213.10, e. (1) above, then Volume I will consist of the Table of Contents only and the designated evidence will begin in Volume II.

CRITICAL

Applies to

Designation of evidence

A Designation of Evidence must contain a Table of Contents and one or more additional volumes.

A Designation of Evidence shall consist of a Table of Contents (see 213.10, e. (3). below) and one or more additional volumes,

CRITICAL

Applies to

Duplicate infraction or ordinance complaint and summons

Upon receiving the notice of request, the Prosecutor or the municipal counsel is ordered to file, within fifteen (15) days, a duplicate infraction or ordinance complaint and summons alleging the infraction or ordinance violation as originally filed with the city or town court, together with any amended complaint alleging additional or amended counts also filed with the city or town court.

Upon receiving the notice of request, the Prosecutor or the municipal counsel is ordered to file, within fifteen (15) days, a duplicate infraction or ordinance complaint and summons alleging the infraction or ordinance violation as originally filed with the city or town court, together with any amended complaint alleging additional or amended counts also filed with the city or town court.

CRITICAL

Applies to

Guardianship hearing

In an adult-incapacity guardianship matter, the person must attend the hearing unless sufficient evidence is presented that the person cannot appear.

714.10 In all guardianship matters 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 incapacitated person is unable to appear.

CRITICAL

Applies to

Order

All parties must prepare orders for every proceeding unless the Court expressly directs otherwise.

All parties are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.

CRITICAL

Applies to

Detailed receipt

The party removing items must provide a detailed receipt and file it in the case at the time of removal.

At the time of removal, a detailed receipt shall be provided by the party removing said items and this receipt will be filed in the case.

CRITICAL

Applies to

Final report

Receipts or canceled checks for all final distributions must be filed in the final or supplemental report before the Court will grant discharge.

Receipts or canceled checks for all final distributions shall be filed either in the final report, or supplemental report, before discharge will be granted by the Court.

CRITICAL

Applies to

Waiver

A waiver signed on behalf of an interested person must include the signer’s authority, and a waiver for a minor must state the signer’s relationship to the minor.

715.30 A waiver signed by an attorney or another person on behalf of a person who is entitled to notice under IC 6-4.1-5-3 and IC 6-4.1-5-9 shall include a copy of the power of attorney, letters of guardianship or other authority for the signer to act on behalf of such person. In the event that the interested person is a minor, the waiver shall include a statement of the relationship of the signer to the minor.

CRITICAL

Applies to

Guardianship incapacity proceeding

A treating physician's report or other evidence required by the Court must be presented when the petition is filed or on the hearing date, and no determination may be made without supporting medical evidence or testimony.

714.20 In all guardianship matters seeking to declare an adult incapacitated for any reason, a Physician's Report by the doctor treating the alleged incapacitated person or such additional evidence as the Court shall require, shall be presented to the Court at the time the petition is filed or on the hearing date. No determination will be made without a supporting medical report or testimony (Form PR00-10).

CRITICAL

Applies to

Notice

The notice must comply with all statutory requirements.

In all respects, the notice shall comply with all statutory requirements.

CRITICAL

Applies to

Restricted account or investment

The restricted account or investment document must include the specified withdrawal restriction wording.

"NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF ________________________ COURT OF _______________________, INDIANA."

CRITICAL

Applies to

Trial de novo request

A trial de novo request must meet Indiana Rule 2(B); an indigence affidavit and undertaking must use the court-provided form, and the request may be struck if the filer can afford but fails to post the required bond or deposit by the court-set time.

a. The Clerk shall not accept for filing nor file any request for trial de novo unless it meets the requirement of Indiana Rule 2(B). Further, the Clerk shall not accept or file a request for trial de novo supported by an affidavit of indigence and personal undertaking unless the affidavit and personal undertaking are on the form provided by the Courts. If a request for trial de novo supported by an affidavit of indigence and personal undertaking is accepted for filing, it may be ordered struck from the record if the Court in which it is filed determines that the party filing the request is able to afford to post a surety bond or cash deposit and the party fails to post the surety bond or cash deposit required within the time set by the Court.

CRITICAL

Applies to

FORM AR00-106

To obtain a CD or flash drive of a hearing a FORM AR00-106 must be completed and submitted to the Court Reporter (copes of the Form may be obtained from the Court Reporter) and all amounts due must be paid before the CD or flash drive will be produced.

To obtain a CD or flash drive of a hearing a FORM AR00-106 must be completed and submitted to the Court Reporter (copes of the Form may be obtained from the Court Reporter) and all amounts due must be paid before the CD or flash drive will be produced.

CRITICAL

Applies to

Attorneys undertaking

The fiduciary’s attorney must execute an Attorney’s Undertaking for the assets before letters are issued.

a. Prior to issuance of letters, the fiduciary's attorney shall execute an Attorney's Undertaking for such assets (Form PR00-15).

CRITICAL

Applies to

Guardian bond or restricted account

A guardian must post bond or place all funds or assets in a qualifying restricted account or court-approved investment with the prescribed restriction, except when a corporate fiduciary serves as guardian of the estate.

716.50 Once a guardian is appointed, then such guardian shall post bond pursuant to LR29-PR00-305.10, unless, in lieu of a bond, a fiduciary places all funds or assets in a restricted account at a federally-insured financial institution or in a court approved investment, designating that no principle or interest may be withdrawn without a written order of the Court, and with the following restriction placed on the face of the account or in the investment document (Forms PR00-5, PR00-14): "NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF _____________________ COURT OF ___________________________, INDIANA." 716.60 No surety bond or restricted account is required where a corporate fiduciary serves as a guardian of the estate.

CRITICAL

Applies to

Petition to open estate or guardianship

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

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

CRITICAL

Applies to

Reply memorandum

A reply memorandum may not raise new issues, but the moving party may respond to arguments in the opposing party’s response memorandum.

A moving party’s Reply Memorandum may not raise any new issue not raised in the moving party’s principal Motion and Supporting Memorandum. However, this prohibition shall not prevent the moving party from responding to arguments made in the non-moving party’s Response Memorandum.

CRITICAL

Applies to

Closing statement

A Clerk's Certification must be filed with the Court at the same time as the Closing Statement.

712.20 All court costs shall be paid, and all claims satisfied and released on or before the date of the filing of the Closing Statement and a Clerk's Certification thereof (see attached form) shall be filed with the Court at the time such Closing Statement is filed with the Court.

CRITICAL

Applies to

Notice

When filing charges against two or more defendants in a felony or misdemeanor case, the prosecutor must file notice with the Clerk that the case is to be treated under this rule.

When the Prosecutor of Hamilton County, individually or through deputy prosecutors, elects to file a felony or misdemeanor case in which two or more individuals or entities are named as Defendants, at the time of the filing of said charges, said Prosecutor or Deputy Prosecutor shall file notice with the Clerk of Hamilton County that said case is to be treated under this rule.

CRITICAL

Applies to

Written notice

703.30 Such personal representative or guardian is under a continuing order of the Court to personally advise the Court and the attorney or record in writing as to any change of any required information such as name, address, social security number, or telephone number.

703.30 Such personal representative or guardian is under a continuing order of the Court to personally advise the Court and the attorney or record in writing as to any change of any required information such as name, address, social security number, or telephone number.

CRITICAL

Applies to

Designation of evidence

Remove exhibit letters or numbers carried over from earlier filings, except when needed to authenticate an earlier document; in that case retain the earlier marking and also assign and list a new Exhibit Letter.

If any document contains an Exhibit letter or number from an earlier filing, the earlier letter or number shall be removed to avoid confusion. However, when necessary to authenticate an earlier document, the earlier letter or number shall remain on that document, and the Exhibit shall also contain and be identified in the Table of Contents by the new Exhibit Letter.

CRITICAL

Applies to

Petition

A petition to appoint a guardian of a minor child's person must include the child's address and recent residences, general school and health information, and the specified custody-litigation and third-party custody or visitation information.

714.40 In every petition for the appointment of a guardian of the person of a minor child, the following information shall be given: a. The child's present address. b. The places where the child has lived within the past two years and the names and present addresses of persons with whom the child has lived during that period. c. General information concerning school, health, etc. d. Whether, to petitioner's knowledge, any other litigation is pending concerning the custody of the child in this or any other state. e. 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.

CRITICAL

Applies to

Designation of evidence

The moving party must submit its supporting summary-judgment evidence in the Designation of Evidence filed with its Motion and Supporting Memorandum.

The moving party’s evidence supporting its Motion for Summary Judgment shall be submitted in its Designation of Evidence filed with its Motion and Supporting Memorandum.

CRITICAL

Applies to

Proposed order

A proposed order must be presented to the Court and direct distribution under IC 34-1-1-2 and filing of a final account for the wrongful death proceeds.

A proposed order shall be presented to the Court, ordering distribution in accordance with IC 34-1-1-2 and requiring that a final account as to the wrongful death proceeds be filed within thirty (30) days.

CRITICAL

Applies to

Designation of evidence

A document authenticated or referred to by an exhibit must be marked as that exhibit’s subpart, specifically and accurately referenced, and listed in the Table of Contents.

If a document is authenticated or referred by an Exhibit, it shall be marked as a subpart to that Exhibit and shall be specifically and accurately referenced in the authenticating or referencing document. As with each Exhibit, each subpart to an Exhibit shall be identified in the Table of Contents.

CRITICAL

Applies to

Professional appraisal

For a supervised estate or guardianship sale of real estate, the appraisal must include the listed minimum information.

707.10 In all supervised estates and guardianships in which real estate is to be sold, a written professional appraisal shall be filed with the Court at the time of filing the Petition for Sale, unless such appraisal was filed with the inventory. Such written appraisal shall include as a minimum the following elements: a. A brief description of the property interest being appraised, including the full and legal description thereof. b. Purpose or objective of the appraisal. c. Date for which fair market value is determined. d. Date and reasoning supporting the fair market value. e. Fair market value determined. f. Statement of assumptions and special or limiting conditions. g. Certification of disinterest in real estate. h. Signature of the appraiser.

CRITICAL

Applies to

Appearance

Attorneys and self-represented litigants must file appearances that comply with Trial Rules 3.1 and 86.

All attorneys and pro se litigants shall file appearances complying with Trial Rule 3.1 and Trial Rule 86.