Hamilton County Courts, Indiana Document Filing Requirements

WARNING

Applies to

Written notice disputing trial or hearing time estimate

The written notice disputing a trial or hearing time estimate must include the opposing party’s own good-faith estimate of the total court time needed.

205.30 Every opposing attorney or pro se litigant who receives such an order and disputes the estimate of court time needed for the trial or hearing shall notify the Court in writing within ten (10) days of the receipt of the original order and give their own good-faith estimate of the total court time needed.

WARNING

Applies to

Written documentation

Paralegals and employees of the juvenile’s attorney of record may have access to such juvenile files if they are acting at the direction of and under the control of such attorney of record. Written documentation may be required by the clerk before such paralegal or employee may have access to such juvenile files.

Paralegals and employees of the juvenile’s attorney of record may have access to such juvenile files if they are acting at the direction of and under the control of such attorney of record. Written documentation may be required by the clerk before such paralegal or employee may have access to such juvenile files.

WARNING

Applies to

Written request

Heirs or legatees may file a written request for the fiduciary to serve without bond, after which the Court may set a bond limited to an amount adequate to protect creditors and tax authorities.

c. Where the heirs or legatees have filed a written request that the fiduciary serve without bond, the Court may set bond in an amount adequate to protect the rights of the creditors and tax authorities only.

WARNING

Applies to

Written pretrial entries

At the pre-trial conference, the Court may order the parties to provide written pre-trial entries under Trial Rule 16.

207.20 The Court may order the parties to provide written pre-trial entries pursuant to Trial Rule 16 at the pre-trial conference.

WARNING

Applies to

Accounting

An individual fiduciary may substitute an affidavit for vouchers or canceled checks only with prior written court approval, which may be subject to additional conditions.

No affidavits in lieu of vouchers or canceled checks will be accepted from individual fiduciaries, unless prior written approval is granted by the Court (the Court may set forth any and all additional conditions and/or extra ordinary circumstances needed for such approval).

WARNING

Applies to

Ccs entry

The CCS entry should show the Request for Waiver of Initial Hearing 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 Hearing 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

Trial or hearing scheduling request

Trial and hearing scheduling requests must be written and state the type of proceeding and a good-faith estimate of the total court time needed.

205.10 All requests to schedule trials and hearings shall be in writing and shall contain the following information: a. Type of trial or hearing (i.e. jury trial, court trial, final hearing in dissolution, etc.). b. A good-faith estimate of the total court time needed for the trial or hearing.

WARNING

Applies to

Fee order

Estate fee orders must provide for payment only after Final Accounting approval, although the Court may award partial attorney or fiduciary fees after the specified tax filing if all paperwork is properly filed.

All orders for fees in estates shall provide that said fees are to be paid only after approval of the Final Accounting except the Court may in its sole discretion, if all paperwork has been properly filed, award partial attorney or fiduciary fees when the Indiana Inheritance Schedule is filed or the Federal Estate Tax Return is filed.

WARNING

Applies to

Designation of evidence reference

References to designated evidence must identify the exhibit and, where possible, a specific page, paragraph, or line; multi-page exhibits should not be cited without greater specificity.

Any reference to the Designation of Evidence must specifically identify the referenced exhibit and, where possible, the page number, numbered paragraph, or line number. Entire exhibits of more than a single page should never be referenced without more specific identification.

WARNING

Applies to

Pleading

After a special judge is selected, add the specified wording to the right of the case title in the caption of every pleading.

204.10 After a special judge is selected, the attorneys or pro se litigants shall add to the caption of all pleadings to the right of the case title the following: “BEFORE SPECIAL JUDGE _____________________________.”

WARNING

Applies to

Bond

If the will expresses an intention to waive the bond, the Court must set a bond adequate to protect creditors, tax authorities, and devisees.

a. Where, under the terms of the Will, the testator expresses an intention that the bond be waived, the Court shall set a bond adequate to protect creditors, tax authorities, and devises.

WARNING

Applies to

Policy modification

Any modification to the policy must be made by written court order.

Any modification shall be by written order of the Court.

WARNING

Applies to

Continuance request

An attorney’s signature on a continuance request certifies that the client was notified and agrees to the continuance and its stated reason.

206.50 A signature by an attorney on the request for continuance is certification by that attorney that the client has been notified of the request, agrees to the continuance and to the reason for which the continuance is sought.

WARNING

Applies to

Designation of evidence

Separate Designations of Evidence are not required when no evidence is designated.

If no evidence is designated, separate Designation(s) of Evidence are not required.

WARNING

Applies to

Traffic violation payment submission

To use the mail-or-delivery option for a covered traffic violation, the person submits a signed admission or, for a moving violation, a plea of nolo contendere with the judgment payment.

Any person charged with a traffic violation that is within the authority of the Violations Clerk may mail or deliver the amount of the judgment (including costs indicated on the posted schedule) and a signed admission of the violation or a plea of nolo contendere (if the action is for a moving traffic violation) and need not appear in open court.

INFO

Applies to

Initial hearing waiver paperwork

If charges have not yet been filed with the Clerk, the attorney may complete the paperwork required by LR29-CR00-306.20 when seeking to waive the initial hearing.

306.30 If the charges have not been filed with the Clerk at the time the attorney wishes to waive the initial hearing, the attorney may do the following: a. Complete the paperwork required in LR29-CR00-306.20; and

INFO

Applies to

Restricted account or investment

At the fiduciary’s request, the Court may allow restricted liquid assets in a federally insured institution or court-approved investment in lieu of a bond, with the required restriction placed on the account or investment document.

705.20 In lieu of a bond as required by LR29-PR00-705.10, the Court, upon the fiduciary’s request, may restrict transfer of all or part of the estate or guardianship liquid assets by placing those assets in a federally-insured financial institution or in a court approved investment with the following restriction placed on the face of the account or in the investment document:

INFO

Applies to

Bond

The Court may set the bond amount in an unsupervised estate at its discretion.

d. In an unsupervised estate, bond may be set at the discretion of the Court.

INFO

Applies to

Bond

When the fiduciary is an heir or legatee, the bond may be reduced by the fiduciary’s share or by the value of real estate or other assets inaccessible without court approval; the Court may review the bond if it grants access to those assets.

b. Where the fiduciary is an heir or legatee of the estate, the bond may be reduced by said fiduciary’s share of the estate, or the value of real estate, or other assets that cannot be transferred or accessed without court approval or order. The Court shall have the right to review the amount of bond if the Court should grant access to such property or asset.

INFO

Applies to

Proposed alternative order

A party opposing a request may submit a proposed alternative order to the Court.

Any party in opposition may submit proposed alternative orders to the Court.

INFO

Applies to

Policy modification request

An individual requesting modification of this policy should provide the Court a factual and/or legal basis for such request and specifically set forth what items are being requested.

An individual requesting modification of this policy should provide the Court a factual and/or legal basis for such request and specifically set forth what items are being requested.

CRITICAL

When an estate cannot be closed within one year, the personal representative must file either an intermediate account or a statement explaining why the estate has not closed; the Court may require the account.

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. b. File a statement with the Court stating the reasons why the estate has not been closed. In addition, the Court reserves the power to require the personal representative to comply with the account provisions of sub-part (a) above.