Hamilton County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship accounting

710.30 All social security or Medicare benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accounting unless court approval has been previously granted to allow said funds to be paid directly to a residential or health care

710.30 All social security or Medicare benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accounting unless court approval has been previously granted to allow said funds to be paid directly to a residential or health care

CRITICAL

Applies to

Trial de novo request

A written request for trial de novo must identify the offense or offenses of conviction in the city or town court, in addition to complying with Supreme Court Rule 3(B).

604.20 DEMAND: The written request for trial de novo must comply with Supreme Court Rule 3(B), but, in addition, must also contain the offense(s) of which the defendant was convicted in the city or town court to enable the Clerk to assign the request for trial de novo to the appropriate court pursuant to the Hamilton County Criminal Random Filing Rule.

CRITICAL

Applies to

Motion petition or request for relief

Must include

proposed order

Each motion, petition, or other request for relief must be accompanied by a proposed order.

Each Motion, Petition, or other request for relief shall be accompanied by a proposed order.

CRITICAL

Applies to

Request for waiver of initial hearing

The attorney must sign the court-approved Request for Waiver of Initial Hearing form.

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;

CRITICAL

Applies to

Adoption consent

A consent to adoption must be notarized.

718.20 A consent to adoption must be notarized.

CRITICAL

Applies to

Deed

A deed submitted for Court approval in an estate or guardianship proceeding must be signed by the fiduciary and notarized before submission.

707.30 All deeds submitted to the Court for approval in either estate or guardianship proceedings shall be signed by the fiduciary and the signature notarized prior to its submission.

CRITICAL

Applies to

Final decree

When a Final Decree vests real estate in heirs or beneficiaries, record it with the county recorder where the property is located and provide recording evidence to the Court with the Supplemental Report.

707.40 Whenever a Final Decree reflects that real estate has vested in heirs or beneficiaries, the Decree shall be recorded with the County Recorder of the County where any such real estate is located and evidence of said recording shall be provided to the Court with the Supplemental Report.

CRITICAL

Applies to

Corporate surety bond

Every corporate bond in an estate or guardianship must identify the surety insurance agency by name and address.

705.40 The name and address of the insurance agency providing the corporate surety shall be typed or printed on all corporate bonds in any estate or guardianship.

CRITICAL

Applies to

Fee petition

Attorney and fiduciary fee petitions must follow the guidelines in 711.70 and detail the services performed, requested fee, and calculation.

All petitions for fees for the attorney and/or fiduciary shall conform to the guidelines for fees enumerated in 711.70 below and shall specifically set forth all services performed in detail as well as the amount of the fee requested and how it has been calculated.

CRITICAL

Applies to

Intermediate account

An intermediate account must state why the estate cannot be closed and the estimated closing date, and propose partial distribution when it can be made without prejudice to distributees and claimants.

710.10 Whenever an estate cannot be closed within one (1) year, the personal representative shall: a. File an intermediate account with the Court within thirty days (30) after the expiration of one (1) year and each succeeding year thereafter. The accounting shall comply with the provisions of IC 29-1-16-4 and 29-1-16-6 and: 1. Shall State facts showing why the estate cannot be closed and an estimated date of closing. 2. Shall propose partial distribution of the estate to the extent that the partial distribution can be made without prejudice to the distributees and claimants;

CRITICAL

Applies to

Pleading

Filed pleadings must contain the parties’ name, address, and telephone number and/or their attorney’s name, address, telephone number, and registration number.

All pleadings filed shall contain the parties’ name, address and telephone number and/or the parties’ attorney’s name, address, telephone number and registration number.

CRITICAL

Applies to

Current guardian report

A guardian's current report must state the incapacitated person's residence and general welfare; for an adult, it must include a treating physician's report verifying unchanged incapacity and appropriate living arrangements.

714.50 Current reports filed by a guardian of the person shall state the present residence of the incapacitated person and his or her general welfare. If the incapacitated person is an adult, a report of a treating physician shall be filed with the current report, verifying that the incapacity of the person remains unchanged since the date the guardianship was established or the date of the last current report and that the living arrangements for the incapacitated person are appropriate (Forms PR00-10, PR00-11, PR00-12).

CRITICAL

Applies to

Pleading

Must include

certificate of service

A pleading requiring a certificate of service must identify the person served, address, service method, and service date.

All pleadings filed with the Court that require a certificate of service shall specifically name the individual party or attorney on whom service has been made, the address, the manner in which service was made and the date when service was made.

CRITICAL

Applies to

Notice and proposed order of dismissal

At the prosecutor or municipal counsel’s discretion, a notice that no proceeding will be filed may be filed instead of the duplicate complaint; the proposed dismissal order must direct a full refund and release the bond, deposit, or undertaking.

In the discretion of the prosecuting attorney or municipal counsel, and in lieu of filing such duplicate infraction or ordinance complaint and summons, the prosecuting attorney or the municipal counsel shall file with the Court a notice that no proceeding will be filed, together with a proposed order of dismissal including that the Clerk shall refund to the defendant the entire amount of any payment received from the city or town court. The order of dismissal shall also include a release of the surety bond, cash deposit, or personal undertaking.

CRITICAL

Applies to

Designation of evidence reference

Citations to designated evidence must give the Exhibit Letter and page number as identified in the Table of Contents.

Citations must be to Exhibit Letter and page number referred in the Table of Contents (Example: PI.’s Desig. Of Evid. Vol.II, Ex.B at p.15).

CRITICAL

Applies to

Inventory and accounting

Every inventory and accounting filed in an estate or guardianship must be signed and verified by the fiduciary and signed by the fiduciary’s attorney.

Every inventory and accounting filed in an estate or guardianship will be signed and verified by the fiduciary and signed by the attorney for the fiduciary.

CRITICAL

Applies to

Memorandum

The supporting memorandum and response to a summary judgment motion must contain a Summary of Argument section at the beginning.

The Memorandum in Support of a Motion for Summary Judgment, and the Response to the Motion for Summary Judgment, shall contain a Summary of Argument section located at the beginning of the Memorandum.

CRITICAL

Applies to

Final accounting

The Federal Estate Tax Closing letter and the Indiana Inheritance Tax Closing letter (or the countersigned receipt) or a photocopy thereof, showing payment of all Federal Estate and/or Indiana Inheritance Tax Liability in the estate, executed by the Internal Revenue Service or the Indiana Department of State Revenue, shall be attached to the Final Accounting at the time of filing, unless the Court has given prior written approval to attach such letter to the Final Report, after filing but prior to the hearing on the Final Accounting.

The Federal Estate Tax Closing letter and the Indiana Inheritance Tax Closing letter (or the countersigned receipt) or a photocopy thereof, showing payment of all Federal Estate and/or Indiana Inheritance Tax Liability in the estate, executed by the Internal Revenue Service or the Indiana Department of State Revenue, shall be attached to the Final Accounting at the time of filing, unless the Court has given prior written approval to attach such letter to the Final Report, after filing but prior to the hearing on the Final Accounting.

CRITICAL

Applies to

Notice and proposed order of dismissal

At the prosecuting attorney’s discretion, the State may file a no-proceeding notice instead of the charging instrument, together with a proposed dismissal order directing a full refund of any payment received from the city or town court.

In the prosecuting attorney's discretion, and in lieu of filing such charging instrument, the State shall file with the Court a notice that no proceeding will be filed, together with a proposed Order of Dismissal, including that the Clerk shall refund to the defendant the entire amount of any payment received from the city or town court.

CRITICAL

Applies to

Written motion

No written motion is required, except: 1. To compel compliance under this rule; 2. For additional discovery not covered under this rule; 3. For a protective order seeking exemption from the provisions of this rule; or, 4. For an extension of time to comply with this rule.

No written motion is required, except: 1. To compel compliance under this rule; 2. For additional discovery not covered under this rule; 3. For a protective order seeking exemption from the provisions of this rule; or, 4. For an extension of time to comply with this rule.

CRITICAL

Applies to

Initial petition

The initial petition to open an estate or guardianship must contain the personal representative’s or guardian’s name, address, Social Security number in compliance with Indiana Rules on Access to Court Records Rule 5, and telephone number, if that representative or guardian is a person.

The initial petition to open and estate or guardianship shall contain the name, address, social security number (in compliance with Indiana Rules on Access to Court Records Rule 5) and telephone number of the personal representative or guardian, if a person.

CRITICAL

Applies to

Waiver of notice

Each known interested person and any person designated by the Court must sign the waiver, and an entity's waiver must state the signer's capacity.

715.20 Such waivers of notice shall be signed by each person known to have an interest in the property interests to be appraised and by any person designated by the Court. A waiver filed by an entity other than an individual shall state the capacity of the person who has signed for such entity.

CRITICAL

Applies to

Accounting

Supervised estate and guardianship accountings must include vouchers or canceled checks for claimed expenditures.

In all supervised estate and guardianship accountings, vouchers or canceled checks for the expenditures claimed shall be filed with the accounting.

CRITICAL

Applies to

Instructions to personal representative or guardian

The fiduciary-executed Instructions to the Personal Representative or Guardian must be filed with the Court when letters are ordered issued in the proceeding.

The Instructions to the Personal Representative or Guardian, executed by the fiduciary, must be filed with the Court at the time letters are ordered issued in the proceeding (Forms PR00-1, PR00-2, PR00-3, PR00-4)

CRITICAL

Applies to

Inventory

A guardian must file an inventory under LR29-PR00-705 unless the guardian has deposited all funds in a restricted account.

716.70 The guardian shall be required to file an inventory pursuant to LR29-PR00-705 unless such guardian has deposited all funds in a restricted account.

CRITICAL

Applies to

Trial rule 56 motion or response

When filing motions or subsequent responses permitted by Trial Rule 56, the Memorandum in Support and Designation of Evidence must be filed as separate documents.

When motions and/or subsequent responses permitted by Trial Rule 56 (“TR 56”) are filed, the following documents shall be filed separately: 1. Memorandum in Support; and 2. Designation of Evidence

CRITICAL

Applies to

Written notice

The Prosecuting Attorney or Deputy Prosecuting Attorney must file written notice with the Clerk when a defendant has a pending case requiring the Clerk to apply this rule’s filing requirements.

It shall be the duty of the Prosecuting Attorney or Deputy Prosecuting Attorney to file written notice with the Clerk that a defendant has a pending case that requires the Clerk to follow the filing requirements of this rule.

CRITICAL

Applies to

Personal property appraisal

In supervised estates and guardianships, a competent appraiser’s written fair-market-value appraisal must be filed for a personal-property sale unless it was filed with the inventory; the requirement does not apply to public-auction sales.

708.10 In all supervised estates and guardianships, no Petition to Sell Personal Property shall be granted unless a written appraisal prepared by a person competent to appraise such property and 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 personal property which is sold at public auction.

CRITICAL

Applies to

Designation of evidence

The Table of Contents must identify each exhibit relied on in the Motion or Response and give each exhibit’s beginning and ending page numbers.

The Table of Contents must clearly designate each Exhibit relied upon in the Motion or Response and contain the beginning and ending page number for each Exhibit

CRITICAL

Applies to

Corporate surety bond

Before letters issue, a fiduciary must file a corporate surety bond in at least the stated property-and-income amount or another amount set by the Court, subject to the provisions that follow.

705.10 In every estate and guardianship, the fiduciary, prior to the issuance of letters, shall file a corporate surety bond in an amount not less than the value of the personal property to be administered, plus, the probable value of annual rents and profits of all property of the estate or in such amount as shall be set by the Court, except as hereafter provided:

CRITICAL

Applies to

Initial hearing waiver filing

The attorney must file a written Appearance, a CCS entry on Form TR77-202, and the Request for Waiver of Initial Hearing at the Clerk’s Office.

b. 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

Subsequent inventory

If a partial inventory is filed, every subsequent inventory must include a recapitulation of prior inventories.

706.20 In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of prior inventories.

CRITICAL

Applies to

Affidavit of compliance

An affidavit confirming compliance with creditor-notice provisions must be timely filed with the Clerk of the Court.

702.60 The affidavit of compliance with the notice provisions directed to creditors in an estate proceeding shall be timely filed with the Clerk of the Court.

CRITICAL

Applies to

Notice

The attorney must prepare the required notice.

the attorney shall prepare such notice

CRITICAL

Applies to

Notice of intent to file petition and request for stay

The attorney must sign the court-approved notice of intent and request for stay form.

b. Sign a Notice of Intent to File a Petition for Specialized Driving Privileges and Request for Stay of License Suspension [Form CR00-STAY] approved by the Courts and available at the Magistrate’s office;

CRITICAL

Applies to

Memorandum

Must include

word count

A memorandum exceeding the page limit must include a Word Count Certificate stating the word count, with the specified items excluded; the certificate goes at the end before the Certificate of Service, and the filer may use word-processing software to count words.

A Memorandum exceeding the page limit requirement of the rule must contain a Word Count Certificate certifying the number of words contained in the Memorandum, exclusive of the case caption, the signature block at the end of the Memorandum, the Certificate of Service, and the Word Count Certificate. The Word Count Certificate shall appear at the end of the Memorandum before the Certificate of Service. The filing party certifying a word count may rely on the word count feature of the word processing system or software used to prepare the Memorandum.

CRITICAL

Applies to

Institution officer certification

The fiduciary’s filing must include an institution officer’s certification that the account or investment has the required restriction and complies with the rule, using Form PR00-5.

The fiduciary shall thereafter file with the Court within ten (10) days of the order authorizing the creation of the account or investment, a certification by an officer of the institution at which the account or investment has been created, affirming that the account or investment is restricted as required by the Court order and is in compliance with this rule (Form PR00-5).

CRITICAL

Applies to

Supplemental designation of evidence

Only in extraordinary circumstances and with court leave may the moving party submit reply evidence through a supplemental designation, and only for either of the stated reasons; the supplemental designation must follow the applicable designation requirements.

In extraordinary circumstances, and only with leave of the court, the moving party may submit evidence with a Reply Memorandum through a Supplemental Designation of Evidence only: 1. When the moving party acquired the evidence for the first time after filing its Motion for Summary Judgment; or 2. To respond to evidence submitted in the non-moving party’s Designation of Evidence. A Supplemental Designation of Evidence shall conform to the requirements set forth above (see 213.10, e.)

CRITICAL

Applies to

Sur reply request

A sur-reply may not be filed, submitted, or attached with the request to file it.

A Sur-Reply may not be filed or submitted with, nor attached to, the Request.

CRITICAL

Applies to

Proposed distribution petition

When a judgment has been paid or a settlement-approval petition is filed, a petition must show the proposed statutory distribution, including the listed categories.

When a judgment has been paid or a petition for approval of settlement is filed in any estate, a petition shall be filed showing the proposed distribution in accordance with IC 34-1-1-2. Such petition must set out the proposed distribution to the appropriate statutory damage distributes, such as: a. Expenses of administration; b. Providers of funeral and burial expenses; c. Providers of medical expenses in connection with last illness of decedent; d. Surviving spouse; e. Dependent children; and

CRITICAL

Applies to

Pre trial notice

A party offering biologically contaminated evidence must file a pre-trial notice with the Court before trial.

A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

CRITICAL

Applies to

Institution officer certification

An officer of the institution must provide a certification that the account or investment complies with the court-ordered restrictions within ten days of the authorizing order.

b. Within ten (10) days of the order authorizing the creation of the account or investment, a certification by an officer of the institution at which the account or investment has been created, affirming that the account or investment is restricted as required by Court order and is in compliance with this rule.

WARNING

Applies to

Accounting

A state or federally chartered financial institution serving as fiduciary may use an affidavit if it retains the vouchers or checks and makes them available to interested parties by court order; the Court may require an internal audit certification.

An affidavit in lieu of vouchers or canceled checks may be accepted from a state or federally chartered financial institution who serves as a fiduciary, provided the financial institution retains the vouchers or canceled checks on file or by electronic recording device and makes same available to interested parties upon court order. The Court may require such institution to provide a certification from its Internal Audit Department verifying the accuracy of the accounting.

WARNING

Applies to

Sur reply

Sur-replies are disfavored and may be filed only with court leave in extraordinary circumstances.

Sur-Replies are disfavored and will only be permitted with leave of the court in extraordinary circumstances.

WARNING

Applies to

Bond

No bond is required in a supervised estate or guardianship if a corporate banking fiduciary qualified by law is the fiduciary or a co-fiduciary.

e. No bond shall be required in any supervised estate or guardianship in which corporate banking fiduciary qualified by law to serve as such is either the fiduciary or one of the several co-fiduciaries.

WARNING

Applies to

Ccs entry

The CCS entry should show the Request for Waiver of Initial Hering either granted or denied and provide spaces for the Court to fill in the appropriate omnibus date, and dates for any pre-trial and trial settings that the Court would otherwise have set at the initial hearing.

The CCS entry should show the Request for Waiver of Initial Hering either granted or denied and provide spaces for the Court to fill in the appropriate omnibus date, and dates for any pre-trial and trial settings that the Court would otherwise have set at the initial hearing.

WARNING

Applies to

Attorney fee award

Attorney fee awards must comply with LR29-PR00-711.

716.90 Attorney fee awards must conform with LR29-PR00-711.

WARNING

Applies to

Surety bondsman consent

The trial de novo court may apply a previously posted surety bond to the trial de novo bond only if it receives the surety bondsman’s written consent.

In addition, the trial de novo court may accept any surety bond previously posted in the city or town court to be applied against the trial de novo bond, but only if the trial de novo court receives written consent from the surety bondsman.

WARNING

Applies to

Trial or hearing scheduling request

Must include

proposed order

Each trial or hearing scheduling request must include a proposed written order with blanks for the date and time and references to the required proceeding type and time estimate.

205.20 Each request under LR29-TR00-205.10 shall be accompanied by a proposed written order with appropriate blanks for date and time and shall further include reference to those items set forth in LR29-TR00-205.10(a) and (b).

WARNING

Applies to

Brief

Attach authorities not cited in the Northeastern Reporter system to the brief; authorities first cited at oral argument may be provided then, and copies must be available to counsel for each party.

203.10 Authorities relied upon which are not cited in the Northeastern Reporter system shall be attached to counsel’s brief. If the authority is cited for the first time in oral argument, a copy of the authority may be provided to the Court at the time of the argument. Sufficient copies shall be available to provide counsel for each party with a copy.