Jackson County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Witness and exhibit list

Counsel must file witness and exhibit lists at least seven days before trial; an omitted witness or exhibit is precluded unless the Court waives the requirement for good cause shown.

They are further ordered to file the list of witnesses and exhibits with the Court at least seven (7) days prior to trial. Failure to include a witness or exhibit shall preclude the witness from testifying or the exhibit from being introduced, unless the Court waives such requirement for good case shown.

CRITICAL

Applies to

Expert witness disclosure

Each party must disclose to the other parties the identity of any person who may present expert evidence at trial under the specified Indiana Rules of Evidence.

Each party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Indiana Rules of Evidence.

CRITICAL

Applies to

Trial assignment request

Except in Small Claims, a trial-assignment request must state the requested trial or hearing type, estimate its duration in good faith, and state when all parties are expected to be ready.

Except in Small Claims, such request must: (1) Contain the type of trial or hearing requested (e.g., jury trial, bench trial); (2) Contain a good-faith estimate of the time needed for the trial or hearing; (3) State when it is expected that all parties will be prepared for trial.

CRITICAL

Applies to

Decree

If a non-custodial parent is granted the dependent exemption, the decree must include the prescribed tax language.

(1) Tax Exemptions. If a non-custodial parent is granted a child as a dependent for their income taxes, the Decree shall state: “X shall be entitled to claim C as a dependent on his/her state and federal income taxes so long as he/she is current in child support obligations as the end of said tax year. Y shall execute and return to X the necessary tax documents, upon receipt from him/her, on or before January 31st after the close of said taxable calendar year.”

CRITICAL

Applies to

Pleading motion or other paper

When a case is before a special judge, each pleading, motion, and other paper must include the specified special-judge wording to the right of the case title.

Special Judge. If the case is before a special judge, all pleadings, motions, and other papers shall contain the following to the right of the case title: “BEFORE SPECIAL JUDGE _______________”

CRITICAL

Applies to

Withdrawal of appearance motion

A withdrawal of appearance must be requested by a motion filed with the Court, and permission to withdraw is discretionary.

(a) Motion to Withdraw. All withdrawals of an appearance must be made in the form of a motion filed with the Court. Permission to withdraw is at the discretion of the Court.

CRITICAL

Applies to

Marital balance sheet

In contested Dissolution of Marriage cases, counsel must file a marital balance sheet with date-of-filing asset and debt values and a proposed property and debt division at least seven days before trial; noncompliance may result in sanctions.

In all contested Dissolution of Marriage cases, counsel for the parties are to file with the Court a marital balance sheet, including date-of-filing asset values and debt values, as well as a proposed property and debt division. Said documents are to be filed at least seven (7) days prior to trial. Failure to comply shall subject the non-complying party to sanctions.

CRITICAL

Applies to

Suggestion of bankruptcy

A party must file a suggestion of bankruptcy when it believes the Bankruptcy Code or an automatic stay affects a Jackson County case.

(a) Filing. A Party shall file a suggestion of bankruptcy whenever a party believes that the bankruptcy or automatic stay provisions of the United States Bankruptcy Code has an effect on a case in the Courts of Jackson County.

CRITICAL

Applies to

Expert witness disclosure

Unless otherwise stipulated or directed by the Court, the specified retained or regularly testifying employee expert’s disclosure must include a written report prepared and signed by the witness.

Except as otherwise stipulated or directed by the Court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness.

CRITICAL

Applies to

Suggestion of bankruptcy

A suggestion of bankruptcy must identify the court where the bankruptcy was filed and the bankruptcy case number.

The suggestion of bankruptcy shall include the name of the court in which the bankruptcy was filed and the bankruptcy case number.

CRITICAL

Applies to

Expert report

The expert report must include the specified opinions and their bases, information considered, exhibits, qualifications and recent publications, compensation, and recent expert testimony history.

The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefore, the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.

CRITICAL

Applies to

Suggestion of bankruptcy

If known at filing, the bankruptcy trustee’s identity and address must be disclosed, along with instructions for disposing of any debtor money held by the Clerk.

The identity and address of the bankruptcy trustee shall be disclosed, with instructions on the disposition of any monies of the debtor held by the Clerk, if known at the time of filing.

CRITICAL

Applies to

Pending papers

A certificate of forwarding must accompany the papers sent to the special judge and be made part of the original papers.

(a) Special Judge. When a special judge is selected, a copy of all pending pleadings, motions, and other papers must be mailed or delivered to the office of the special judge with a certificate of forwarding attached and made a part of the original papers. All proposed orders must be forwarded to the special judge as well.

CRITICAL

Must include

case number

The filing must include the bankruptcy court’s name and the bankruptcy case number.

shall include the name of the court in which the bankruptcy was filed and the bankruptcy case number.

CRITICAL

Applies to

Suggestion of bankruptcy

A party must file a suggestion of bankruptcy whenever the party believes the Bankruptcy Code or its automatic-stay provisions affect a Jackson County case.

A Party shall file a suggestion of bankruptcy whenever a party believes that the bankruptcy or automatic stay provisions of the United States Bankruptcy Code has an effect on a case in the Courts of Jackson County.

CRITICAL

Applies to

Proof

Within 30 days after the suggestion of bankruptcy is filed, the Claimant must file proof that the lawsuit is not subject to the bankruptcy or that relief from the automatic stay has been sought; otherwise, the suit will be dismissed without prejudice.

(e) Duty of Plaintiff. Within thirty (30) days of the filing of the suggestion of bankruptcy, the Claimant shall file proof that the lawsuit in question is not subject to the bankruptcy or that the Claimant has sought relief from the automatic stay. Failure to do so shall result in a dismissal of the suit without prejudice.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court and serve all parties before trial.

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

Papers filed by mail

A person mailing papers to the Court for filing must include a self-addressed, stamped envelope for their return.

(b) Filing by Mail. When pleadings, motions, or other papers are sent by mail for filing with the Court, the filing attorney or party must include a self-addressed, stamped envelope for the return of documents to the attorney or party.

CRITICAL

Applies to

Plea or charge bargain notice

The State must provide written notice of any plea or charge bargain at least seven days before the pretrial conference.

(1) The State shall notify the defendant in writing at least seven (7) days prior to the pretrial conference of any plea or charge bargain it is offering to the defendant.

CRITICAL

Applies to

Income withholding order

Income withholding orders must contain the prescribed language set out in the rule.

(2) Payment of Child Support through Withholding Orders. Income Withholding Orders shall contain the following language. “The Court having issued an Order, ordering X, SS # - -XXXX (place only the last four numbers of Obligor’s Social Security number here) (hereinafter called “Support Obligator”) to pay for the benefit of the parties’ minor child(ren) in the sum of xxx Dollars ($x.00) per week, and the Court further having determined that said Support Obligor is employed by Y, (address of Employer) (hereinafter called “Income Payor”) and regularly receives income from said Income Payor. And the Court orders that Income Payor, until further order of this Court, is to withhold the following amount of x Dollars ($x.00) from Support Obligor’s weekly check and forward same to the Indiana State Central Collection Unit, P.O. Box 6219, Indianapolis, IN, 46206-6219 with Obligators Social Security # - -XXXX (place only the last four numbers of Obligor’s Social Security number here) and ISETS # posted on his check, each week. Said Income Payor may also collect from Support Obligor, for the Income Payor’s benefit and upon the decision of said Income Payor, the sum of Two Dollars ($2.00) each time the Income Payor forwards money to the Jackson County Clerk. The Court further orders that this wage withholding order is binding upon the Income Payor until further notice of the Court; that the Support Obligor may recover One Hundred Dollars ($100.00) from the Income Payor in a civil action if the Income Payor discharges, refuses employment, or disciplines the Support Obligor because of this Order; that the Income Payor is liable for any amount that the Income Payor fails to forward to the Clerk of the Jackson County Courts; that this order has priority over any claim on the Support Obligor’s income except claims for federal, state and local taxes; that said Income Payor may combine payments hereunder with other payments for all Support Obligors in one payment, provided, however, each portion of said payment is identified for each said Support Obligor; that said Income Payor shall comply on a “first come, first serve” basis for any competing withholding orders. The Court further orders that said Income Payor shall implement the withholding hereunder no later than the first pay period that accrues after fourteen (14) days hereof; and that said Income Payor shall notify the Court if said Support Obligor terminates his employment within ten (10) days thereof, and shall provide the last known address of Support Obligor and name and address of said Support Obligor’s new employer, if known.”

CRITICAL

Applies to

Pleading

Must include

case number

Except for an initial pleading, a pleading must prominently display its case number on its face or it will not be accepted.

(d) Case Numbers. Except for the initial pleading (Complaint, etc.), no pleadings shall be accepted by the Clerk or the Court unless it has a Case Number placed in at least twelve (12) point type prominently on the face of the pleading.

CRITICAL

Applies to

Bankruptcy status proof

Within 120 days after filing the suggestion of bankruptcy, the Plaintiff must file proof that the lawsuit is not subject to the bankruptcy or that the Plaintiff sought relief from the automatic stay.

Within one hundred and twenty (120) days of the filing of the suggestion of bankruptcy, the Plaintiff shall file proof that the lawsuit in question is not subject to the bankruptcy or that the Plaintiff has sought relief from the automatic stay.

CRITICAL

Applies to

Trial assignment request

A party seeking trial assignment must make a written request and give notice to all other parties.

A case shall be assigned for trial and placed upon the trial calendar by the Court upon written request of a party and notice to all other parties.

WARNING

Applies to

Petition for proceedings supplemental

If the creditor has evidence of a substantial change in the debtor’s financial circumstances, the creditor may file a verified petition describing the change and requesting a hearing.

Provided however, if the judgment creditor has evidence of a substantial change in financial circumstances of the judgment debtor, the creditor may file a verified petition setting forth the change, with a request for hearing.

WARNING

Applies to

Proposed decree of dissolution

The proposed Decree of Dissolution should contain language which incorporates the Property Settlement Agreement into the Decree.

The proposed Decree of Dissolution should contain language which incorporates the Property Settlement Agreement into the Decree.

WARNING

Applies to

Receipt

When removing evidence, the receiving party 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

Access petition

A party seeking access to confidential records in another case in the Family Court proceeding must do so by written petition based on relevancy and need.

Parties may seek access to the confidential cases or records in another case within the Family Court proceeding in which they are not a party, by written petition based on relevancy and need.

WARNING

If known when the filing is made, the bankruptcy trustee’s identity and address must be disclosed, along with instructions for any debtor funds held by the Clerk.

(c) Trustee. The identity and address of the bankruptcy trustee shall be disclosed, with instructions on the disposition of any monies of the debtor held by the Clerk, if known at the time of filing.

WARNING

Applies to

Withdrawal of appearance motion

A motion to withdraw must comply with Indiana Rules of Trial Procedure 3.1(H), although the Court may grant it despite noncompliance.

(b) Form of Motion. Motions shall comply with Indiana Rules of Trial Procedure 3.1(H). Failure to conform to this rule may result in the denial of the motion to withdraw as counsel. The Court, in its discretion, may decide to grant the motion notwithstanding an attorney’s failure to comply with this rule.

WARNING

Applies to

Transcript

Non-documentary and oversized exhibits must remain with the trial court or agency during appeal and be briefly identified in the transcript.

Non-documentary and oversized exhibits shall not be sent to the Appellate level Court, but shall remain in the custody of the trial court or Administrative Agency during the appeal. Such exhibits shall be briefly identified in the Transcript where they were admitted into evidence.

WARNING

Applies to

Decree

(3) Payment of Child Support through Clerk’s Office. In each case where a party pays child support through the Clerk of the Court, the Decree should state: “X” is ordered to pay $x.00 per week through the Office of the Jackson County Clerk, Courthouse, Brownstown, IN. 47220, by cash, which payments are to commence on the day of , 20 , and be paid on or before each Friday thereafter. X shall pay any yearly fees that are required by the Jackson County Clerk’s Office.”

(3) Payment of Child Support through Clerk’s Office. In each case where a party pays child support through the Clerk of the Court, the Decree should state: “X” is ordered to pay $x.00 per week through the Office of the Jackson County Clerk, Courthouse, Brownstown, IN. 47220, by cash, which payments are to commence on the day of , 20 , and be paid on or before each Friday thereafter. X shall pay any yearly fees that are required by the Jackson County Clerk’s Office.”

INFO

Applies to

Order or decree

The proposed juvenile-referee order language specifies text and signatures to appear in the order or decree, but the amendment is marked pending.

LR36-AR00-3: Juvenile Referee “This matter came before Referee (name) for hearing….” At the end of the order or decree the following shall appear: “RECOMMENDED FOR APPROVAL” /s/ ________________ Referee “THE COURT NOW ENTERS ITS ORDER OR JUDGMENT ON THE REFEREE’S FINDINGS AND RECOMMENDATIONS” (Proposed Amendment Pending)

INFO

Applies to

Verified waiver of final hearing

The Court prefers and encourages filing a verified waiver of final hearing signed by both parties that recites the Indiana Code jurisdictional requirements.

The Courts prefer and encourage the filing of a verified waiver of final hearing signed by both parties which recites the jurisdictional requirements of the Indiana Code.