Hamilton County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

The prosecutor must file the required notice at the time the charges are filed.

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.

WARNING

Time limits for summary judgment filings must comply with Trial Rule 56.

Time limits shall be in accordance with TR 56.

CRITICAL

A defendant in a city court criminal case may move to transfer the case or demand a jury trial no later than 10 days before the first scheduled trial date.

A defendant in a city court criminal case may, not later than ten (10) days before the first scheduled trial date, move to transfer the case to a court of record or demand a jury trial.

CRITICAL

The real-estate appraisal must be filed with the Petition for Sale unless it was already filed with the inventory.

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.

CRITICAL

Three months and fifteen days after the first published notice to creditors, the fiduciary or the fiduciary’s attorney must examine each filed claim and allow or disallow it.

709.10 Three (3) months and fifteen (15) days after the date of the first published notice to creditors, the fiduciary, or the fiduciary’s attorney, shall examine the claims filed in the estate and shall allow or disallow each claim filed against the estate.

CRITICAL

A sur-reply request not ruled on within five days is deemed denied, and service of notice of denial is not required.

Unless such a Request is ruled upon within five (5) days, it shall be deemed denied and entry of service of notice of such denial shall not be required.

CRITICAL

Within 15 days after receiving notice, the Prosecutor must file the duplicate charging instrument and any applicable additional 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.

CRITICAL

The required personal-property appraisal must be filed with the Petition to Sell unless it was filed with the inventory; the appraisal 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

Unless a Case Management Order or other court order provides otherwise, a Trial Rule 56 motion must be filed at least 90 days before the scheduled trial date.

Unless a Case Management Order or other court order provides differently, any motion filed pursuant to TR 56 must be filed at least ninety (90) days prior to any scheduled trial date.

CRITICAL

When charges have been filed with the Clerk, the defendant’s attorney must complete the required steps before the scheduled initial hearing.

306.20 If the charges have been filed with the Clerk, the attorney for the defendant must do the following prior to the scheduled initial hearing:

CRITICAL

A fiduciary must file an inventory for a supervised estate within 60 days of appointment.

706.10 An inventory shall be filed by the fiduciary in estates and guardianships as follows: Supervised estates, within sixty (60) days; guardianships, within ninety (90) days for permanent guardians and within thirty (30) days for temporary guardians. All times relate to the date of appointment of the fiduciary.

CRITICAL

Declarations must be submitted immediately before any 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

Waivers of notice of the inheritance-tax appraisal and appraisal-report hearing must be filed on or before the inheritance tax return is filed.

715.10 Waivers of notice of the time and place of the appraisal of each property interest of a decedent for inheritance tax purposes and of the hearing on the appraisal report shall be filed on or before the date upon which the inheritance tax return is filed.

CRITICAL

The fiduciary-executed Instructions to the Personal Representative or Guardian must be filed 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

The pre-trial notice must be filed with the Court before trial so the Court can consider and rule on the issue.

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

The institution officer’s certification is due within ten days of the order authorizing the account or investment.

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.

CRITICAL

306.40 If the Defendant is charged with a misdemeanor charge involving operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol or higher and the Defendant wishes to both waive the initial hearing and request the Court enter the ten (10) day stay of license suspension authorized by I.C. 9-30-16-1(g), the attorney for the Defendant must do the following prior to the scheduled initial hearing:

306.40 If the Defendant is charged with a misdemeanor charge involving operating a vehicle with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol or higher and the Defendant wishes to both waive the initial hearing and request the Court enter the ten (10) day stay of license suspension authorized by I.C. 9-30-16-1(g), the attorney for the Defendant must do the following prior to the scheduled initial hearing:

CRITICAL

Within ten days after the order authorizing the account or investment, the fiduciary must file the specified institutional officer’s certification with the Court.

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

If a request is accepted despite insufficient assignment information, the defendant must provide the needed information within 10 days or the request will be stricken as unassignable.

The Clerk of the Courts shall docket and assign the request for trial de novo as a misdemeanor in the appropriate Superior Court in accordance with the Hamilton County Criminal Random Filing Rule (LR29-CR00-301) if the request is sufficient to make such an assignment. If the request contains insufficient information to make such assignment, it may be accepted for filing conditioned upon the defendant providing, within ten (10) days, the information necessary to complete the assignment. If the defendant fails to provide this information within the time specified, then the request for trial de novo shall be stricken as unassignable.

CRITICAL

A reply may be filed without request or permission, but if filed must be filed within 14 days after service of the response.

A Reply, which may be filed without request or permission, if filed, shall be filed not later than fourteen (14) days after service of the Response.

CRITICAL

The personal representative must file a wrongful-death-claims status report when the estate remains open for one year.

717.20 When an estate remains open one (1) year, the personal representative shall file a status report as to any wrongful death claims.

CRITICAL

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.

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.

CRITICAL

The Attorney’s Undertaking must be executed 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

A final account for the wrongful death proceeds must be filed within 30 days.

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

The Clerk's Certification must be filed when the Closing Statement is filed.

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

Appraisals required by LR29-PR00-707.10 must be made within one year of the Petition for Sale.

707.20 All such appraisals required by LR29-PR00-707.10 shall be made within one year of the date of the Petition for Sale.

CRITICAL

An Opposition to a Motion to Strike must be filed within seven days after the Motion to Strike is filed.

Any Opposition to a Motion to Strike shall not exceed the greater of six (6) pages or 2,800 words and shall be filed not later than seven (7) days after the Motion to Strike is filed.

CRITICAL

The first accounting is due within 30 days after the first anniversary of the guardianship letters, and later accountings are due biennially unless the Court orders otherwise.

When an individual has been appointed to handle the financial affairs of a protected person, an accounting shall be filed within thirty (30) days after the first anniversary of the date the guardianship letters were issued. Thereafter, unless contrary order is issued but the Court, all accountings shall be filed biennially.

CRITICAL

If the request is granted, the party must file the sur-reply within ten days after the grant.

If the Request is granted, the party shall file a Sur-Reply no later than ten (10) days after the Request was granted.

CRITICAL

A request to file a sur-reply must be filed within five days after service of the reply.

A Request to file a Sur-Reply shall be filed no later than five (5) days after service of a Reply.

CRITICAL

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

708.20 All appraisals required by LR29-PR00-707.10 shall be made within one year of the date of the Petition to Sell.

708.20 All appraisals required by LR29-PR00-707.10 shall be made within one year of the date of the Petition to Sell.

CRITICAL

The detailed receipt must be filed when the items are removed.

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

An opposing attorney or pro se litigant disputing the court-time estimate must notify the Court in writing within ten days after receiving the original order and provide their own good-faith estimate.

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

A guardian or the guardian’s attorney may petition for fees when filing an inventory; otherwise, another fee petition may not be filed until an annual, biennial, or final accounting is filed, although the Court may consider a petition for unusual substantial work.

A guardian or guardian’s attorney may petition for fees at the time of filing an inventory. Other than as provided hereafter, no further petition for fees may be filed until a biennial, annual, or final accounting has been filed. When unusual items of substantial work occur during the proceedings, the Court may consider a petition to allow fees for such service.