Jasper County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion to continue must be filed at least five days before the hearing, measured from its specified date and time.
- Every motion to continue must state the original hearing date and time, whether the hearing was coordinated with the Court or counsel, efforts to contact the opposing side, any objection, and whether prior continuances were requested and granted.
- A motion to continue filed fewer than five days before the hearing must be verified and explain why it could not be filed on the ordinary schedule and why a continuance is necessary; it must also state the hearing date and time, coordination, contact efforts, and whether the opposing side objects.
- The Court may decide a continuance motion without a hearing and may set an early-filed motion under subpart C for a hearing on whether the continuance is necessary.
- +3 more
Request must include
Document Format Requirements2 rules
After-hours emergency pleadings and petitions must be electronically sent in a downloadable, signable, and editable format; read-only or signing-impeding encryption is barred, including password-separated encrypted documents.
Court's wording
Any after hour emergency pleading or petition including search warrants and orders for emergency detention must be electronically communicated to the Judge in a form that can be downloaded and signed electronically with the use of a program or application such as Adobe Fill & Sign® or other designated format by the Judge. Pleadings sent may not be “read-only” or encrypted in any manner that would impede the signing of the requested order electronically wherever the Judge may be located at that time. The Judge must have the ability to modify and sign any proposed after hour document. Encrypted documents sent with a separate password in a separate e-mail are not permitted.
(Parties may attach additional sheets if necessary)
Document Filing Requirements66 rules
All counsel filing motions or other pleadings shall provide proposed orders grating the relief sought or setting the motion or pleading for hearing.
- Document
- Motion or pleading
Must include
- •Proposed order
The pre-trial services officer shall file a report of a violation with the Court which will be set for hearing.
A motion to continue must include a proposed order, and both documents’ titles must identify the continuance number and the party whose motion the continuance is granted on.
- Document
- Motion to continue
Must include
- •Proposed order
Court's wording
All motions for continuance must be accompanied by a proposed order and both the motion and order must state in the title whether it is the first, second, third, etc motion for continuance and on which party’s motion the continuance is granted. (Eg. Second Defendant’s Motion to Continue Pre-Trial Conference)
An attorney seeking to withdraw must provide the Clerk with the party’s last known email address so notice may be attempted through the e-filing system.
Court's wording
Along with the requirements of Trial Rule 3.1(H), the attorney seeking to withdraw from representation of a party shall provide the last know electronic mail address of the party to the Clerk so that notice may be attempted pursuant to the e-filing system.
The Sentencing Order in a criminal case shall serve as a withdrawal for a court-appointed public defender and the Clerk shall so note the termination of representation in the record and CCS of the Court.
A motion to withdraw filed fewer than five days before the specified hearing must comply with Trial Rule 3.1(H), be verified, and state why it could not be filed earlier and the permitted reason necessitating withdrawal.
Court's wording
Any motion to withdraw from representation of a party by an attorney filed sooner than five (5) days before the date and time specified for the hearing must: 1. Comply with Trial Rule 3.1(H); 2. Be verified; 3. State the reasons why the motion could not be filed prior to five (5) days before the date and time specified for the hearing; and 4. State the reason as permitted by the Code of Professional Conduct for the necessity of the withdrawal.
Each court-appointed Guardian must file and execute the specified instructions form before receiving Letters of Guardianship.
Court's wording
Prior to receiving Letters of Guardianship from the Clerk of the Court, each Court Appointed Guardian shall file and execute a copy of LR37-AR00-18 Form entitled “Court’s Instructions to a Guardian of Person or Estate,” which is attached to this rule.
It is the responsibility of the Guardian Ad Litem to file a Motion to Withdraw citing this rule upon completion of their appointed duties.
Have your attorney file with the Court, within ninety (90) days after your appointment, a verified inventory and appraisal of all the property belonging to the protected person, with values as of the date you were appointed.
A current guardianship account must be verified and include three specified schedules, with expenditures supported by cancelled checks or facsimiles of paid checks.
Court's wording
File with the Court a verified current account of all the income and expenditures of the guardianship, consisting of three schedules. The first schedule must include all assets listed on the inventory or on the last current account along with any additions or adjustments to the inventory. The second schedule must be an itemized list of expenditures, supported by attached cancelled checks or facsimiles of paid checks as evidence of payment. The third schedule must be a recapitulation indicating the remaining property after subtracting expenditures.
If you are guardian of the person only, you must file a status report on the person’s condition with the Court every two years.
Current reports filed by a guardian of the person shall state the present residence and the general welfare of the incapacitated person.
In all guardianship matters seeking to declare an adult incapacitated by reason of physical or mental illness, 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.
Every petition to appoint a guardian of a minor’s person must include the child’s residences and co-residents for the past two years, information about known pending custody litigation, and information about nonparties with physical custody or claimed custody or visitation rights.
Court's wording
In every petition for the appointment of a guardian of the person of a minor child, in addition to the information required by I.C. 29-3-5-1 or other statutes the following information shall be included in the petition: (1) 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. (2) Whether, to Petitioner's knowledge, any other litigation is pending concerning the custody of the child in this or any other state. (3) 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.
For an adult whose incapacity is due to physical or mental illness, the current report must include a treating physician’s report verifying that the incapacity remains unchanged and that the living arrangements are appropriate.
Court's wording
If the incapacitated person is an adult and the incapacity is due to physical or mental illness, a Physician's Report by 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.
I affirm, under the penalties of perjury, the above and foregoing is true and correct to the best of my knowledge and belief.
Before receiving Letters of Administration or Letters Testamentary, each court-appointed personal representative must file and execute the instructions form applicable to the estate.
Court's wording
Prior to receiving Letters of Administration or Letters Testamentary from the Clerk of the Court, each Court Appointed Personal Representative shall file and execute a copy of LR37-AR00-20 Form entitled “Court’s Instructions to a Personal Representative of a Supervised Estate,” or, LR37-AR00-20.1 Form entitled “Court’s Instructions to a Personal Representative of an Unsupervised Estate, whichever is applicable. Both forms are attached to this rule.
The inventory must describe all estate property and include its date-of-death values.
Court's wording
No later than two (2) months after your appointment, have your attorney file in this Court an inventory describing all property belonging to the estate, with date of death values, and forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees of the estate.
Before the estate can be closed, you must file with the Court a final accounting of your actions as personal representative.
Have your attorney provide written notice of the administration of the estate to all known creditors of the estate.
After the Court approves your final account, make distribution to the proper people and file a supplemental report with the Court, attaching receipts.
A proposed distribution must be furnished to all interested parties, including heirs.
The final accounting must contain three schedules: estate assets and adjustments, itemized expenditures with specified supporting details, and remaining property after expenditures.
Court's wording
Have your attorney file your final accounting, consisting of three (3) schedules, after the administration of the estate has been completed. a. The first schedule must include all assets listed on the inventory, any income and additional assets obtained during administration, and any adjustments to the inventory. b. The second schedule must be an itemized list of expenditures. Documentation for each expense shall include: (a) the payee; (b) check number or other identifying number on the instrument; (c) the amount disbursed; and, (d) if the reason for disbursement is not apparent from the description of the payee, a description of the reason for the disbursement sufficient to substantiate the reason for the disbursement as part of the administration of the estate. c. The third schedule must be a recapitulation indicating the remaining estate property after subtracting expenditures.
Prepare and file income tax returns for the tax year in which the decedent died and any returns for prior years if needed. Timely prepare and file any estate, inheritance or fiduciary tax returns and pay taxes as they come due.
One copy of this form must be filed with the Court before your appointment as personal representative is confirmed by the Court. Keep one copy for your records.
The personal representative must file either a compliant inventory or a verified certification stating that the inventory was prepared, is available on request, and notice of its preparation and availability was served.
Court's wording
A. file with the Court an inventory conforming with the requirements of I.C. 29-1-7.5-3.2(b) and forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees of the estate, or, B. file with the Court a verified certification that an inventory conforming with the requirements of I.C. 29-1-7.5-3.2 has been prepared, that it is available to be furnished to distributees on request and that notice of preparation of the inventory and its availability has been forthwith served on all known heirs, beneficiaries or distributees.
After you fully complete the estate administration, you must file a closing statement with the Court verifying that all proper claims, expenses and taxes have been paid, that all assets have been properly distributed, and that a copy of the closing statement has been sent to all distributes, fully accounting for all assets, expenses and distributions made to the heirs.
Prepare and file income tax returns for the tax year in which the decedent died and any returns for prior years if needed.
F. Where assets are claimed to be in a financial or holding institution, the Guardian's Accounting must contain a certification by an officer of the institution as to the amount and value of the assets remaining in the guardianship account.
A personal representative must report the condition of an estate that remains open beyond one year from opening.
Court's wording
C. If a Supervised or Unsupervised estate cannot be closed within one (1) year from opening, the Personal Representative must report the condition of the estate to the Court one (1) year after the date of the Personal Representative’s appointment, and thereafter every year until the estate is fully administered.
When a restricted account is created, the guardian or attorney must file the financial institution’s acknowledgment or acquiescence to the restriction.
Court's wording
D. Where a restricted account has been created, an acknowledgment of or acquiescence to the restriction by the financial institution involved must be filed by the Guardian or Attorney within ten (10) business days of the Court Order creating such an account.
A guardian appointed to handle a protected person’s financial affairs must file current accountings, subject to the Court’s exception for annual accountings upon proper request.
Court's wording
E. In the event an individual is appointed Guardian to handle the financial affairs of a protected person, the Guardian shall file his/her first current Accounting within thirty (30) days after the first anniversary of the date on which the letters were issued, and every year thereafter, unless relieved of that duty by the Court upon filing a proper request. If relieved of annual accountings by the Court, then an accounting shall be required biennially, per Indiana Code § 29-3-9-6.
In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of prior inventories.
A fiduciary must file an inventory in every estate and guardianship.
Court's wording
A. An inventory shall be filed by the fiduciary in all estates and guardianships as follows: Estates (supervised and unsupervised), 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.
Defense counsel shall provide sufficient copies for the Court, the Defendant, the State and any other affect entity such as the Probation Department or Jasper County Community Corrections.
Continuance and enlargement motions must be written and state opposing counsel’s position and whether either party previously requested such relief and whether it was granted.
Court's wording
All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc) shall be made in writing, shall state whether or not opposing counsel objects to the motion, and shall state whether prior continuances or enlargements have been requested by either party and whether such prior request was granted.
All orders granting continuances shall indicate on which party's motion the continuance is granted.
The title of a continuance or enlargement motion must identify whether it is the first, second, third, or later such motion.
Court's wording
All motions for continuance or enlargement of time shall denominate in the title of such motion whether it is the first, second, third, etc motion for continuance or enlargement of time; e.g. Defendant’s Second Motion for Continuance of Mandatory Disposition Conference.
Counsel must give the Probation Department advance notice when a plea agreement proposes supervision to be transferred to another state or county.
Court's wording
In any plea agreement that contains proposed supervision by Probation to be transferred to another State or to another County, counsel shall provide advance notice to the Probation Department so that necessary administrative proceedings involving the transfer.
Written plea agreements submitted in criminal cases shall be submitted on the attached form entitled “Jasper County Courts Plea Agreement Form.”
PRE-SENTENCE INVESTIGATION REPORT: A presentence investigation report is required for all sentence to the Department of Corrections and Community Corrections. A Level Six Felony sentenced to the Jasper County Jail or entered as a Misdemeanor may waive a PSI.
For a plea agreement that transfers probation, the parties must contact Probation before the plea hearing and obtain advice that the sentence complies with the applicable transfer rules.
Court's wording
TRANSFER OF PROBATION: This plea agreement contains a transfer of probation to another state or county. The parties signify by submitting the plea that they have contacted probation prior to the plea hearing and have been advised by Probation that this sentence complies with the Interstate Compact for transferring offenders to another state or the rules for intrastate transfer.
In the event the parties agree to a guardian ad litem, the parties shall submitted an agreed order signed by parties and counsel which also contains the requirements found in subpart C of this rule.
If the Court appoints a guardian ad litem, the Court shall specify in its order set out the scope and duties of the guardian ad litem as well as ordering a process for payment of the guardian ad litem by the parties.
In the event a full or partial settlement is reached counsel and parties shall file and submit the signed written agreement with the notice of compliance with this rule.
The parties and counsel must file and sign a brief pleading reporting the settlement conference date, attendees, and whether a full or partial settlement was reached.
Court's wording
The parties and their counsel shall file and sign a brief pleading with the Court indicating they have complied with this rule showing: 1. The date of the settlement conference; 2. The persons in attendance; and 3. Whether or not a full or partial settlement was reached.
Seven days prior to a contested final hearing in a dissolution of marriage action on any issue or a contested hearing on a paternity or a co-habitation case, each party shall complete and file the Contested Issues Dissolution Trial Readiness Form contained in this rule.
The parties must complete and file the Family Law Contested Hearing Witness List seven days before a contested hearing in the listed family-law matters, except Title IV-D support cases.
Court's wording
Seven days prior to any contested hearing in a family law case including paternity, support, post-secondary educational support, custody, visitation, dissolution of marriage (except for Title IV-D support cases) the parties shall complete and file the Family Law Contested Hearing Witness List contained in this rule.
parties shall submit proposed child support obligation worksheets as required by 2019 amendments to the Indiana Child Support Rules
Amount_______________________(attach calculation)
If an agreement concerning support contains deviation of ten percent (10%) or more from the Guidelines, the parties shall present to the Court a written explanation, with supporting documents if applicable, justifying the deviation.
In all proceedings involving child support, each party shall file with any settlement, or enter into evidence during any trial, Indiana Child Support Guidelines worksheets - one or more depending on the facts.
Further, the worksheet(s) shall, when reasonably possible, be filed and delivered to the other party and Court simultaneously with the Family Law Contested Witness List or the Contested Dissolution Issues Trial Readiness Form.
Failure to notify the Court of any agreement reached and a failure to file any necessary pleading or order thereafter in a timely fashion will result in the Court assuming the parties did not show and dismissing the pending petition or Notice of Claim.
Each party bears the responsibility for filing the appropriate paperwork with the Court on any cases that are resolved or otherwise not heard in the Courtroom or the record.
The opinion or policy or copy thereof shall be available for inspection in the court from which the sale is being conducted or in the office of the court officer conducting the sale at the first notice of sale and shall be made available for inspection at the sale.
The policy must be conditioned to cover the purchase price at the sale and may be given with any necessary exclusions. The opinion or policy shall run to all parties interested in the litigation and to any purchaser or purchasers at the sale. The opinion or policy shall not cover defects arising in the conduct of the sale.
Evaluations on which the report is based should have been performed within three (3) months of the date of the filing of the Petition.
Names and addresses of other persons who performed evaluations upon which this report is based:
If the description relies on evaluations by other professionals, provide the names and addresses of professionals able to conduct additional evaluations.
Court's wording
If the description of the Patient’s mental, physical and educational condition, adaptive behavior or social skills is based on evaluations by other professionals, please provide the names and addresses of all professionals who are able to provide additional evaluations.
Cancelled checks or facsimile copies of paid checks for each expenditure should be attached as evidence of payment.
Keep a record of the time you spend working on the estate. You are entitled to a reasonable fee, unless you waive a fee. Time records will help the Court determine your fee.
If this is the only income received by the Incapacitated person, the Court will accept a copy of the annual report filed with the Social Security Administration as the accounting.
Upon motion, the Court may, in its discretion, order the judgment creditor, sale applicant, or sale officer in a judicial land sale to obtain a qualified title opinion or an authorized Indiana title-insurance policy.
Court's wording
Pursuant to Rule 69(F) of the Indiana Rules of Trial Procedure, the Courts of Jasper County will require in any judicial sale of land, including without limitation mortgage and lien foreclosures, execution sales, sales by receivers, assignees for the benefit of creditors, guardians or trustees, or partition sales, upon motion the court in its discretion may order the judgment creditor, person seeking the sale, or officer conducting the sale to procure a qualified title opinion or a title insurance policy from a title insurance company authorized to do business in Indiana with respect to the interest of the person whose land is being sold.
The Order appointing a public defender to represent an indigent criminal defendant, juvenile or parent shall serve as notice of that attorney’s appearance.
the final order closing a CHINS or Juvenile Delinquency case shall serve as a withdrawal for a court-appointed public defender and the Clerk
Filing & Service rules
Electronic Filing Rules
Parties who do not comply with or do not wish to comply with the after-hours document rule may have counsel e-file the petition under Trial Rule 86; it will be addressed no earlier than the next business day upon Clerk processing.
Parties seeking emergency orders after hours who do not comply with this rule or do not want to comply with this rule may e-file the petition pursuant to Trial Rule 86 by counsel and it will be addressed, at the earliest, the next business day upon processing by the Clerk of the Court.
Page 47 | LR 37-AR00-26 After Hours Emergency Matters
Filing Timing and Cure Windows
A motion to withdraw from representation of a party by an attorney pursuant to Trial Rule 3.1(H) must comply with the provisions of Trial Rule 3.1(H) and must be filed five (5) days before the date and time specified for the hearing for which a continuance is sought.
A motion to withdraw from representation of a party by an attorney pursuant to Trial Rule 3.1(H) must comply with the provisions of Trial Rule 3.1(H) and must be filed five (5) days before the date and time specified for the hearing for which a continuance is sought.
Page 16 | LR37-AR00-17 Withdrawal of Appearance by Attorneys
The instructions form must be filed and executed before the Guardian receives Letters of Guardianship.
Prior to receiving Letters of Guardianship from the Clerk of the Court, each Court Appointed Guardian shall file and execute a copy of LR37-AR00-18 Form entitled “Court’s Instructions to a Guardian of Person or Estate,” which is attached to this rule.
Page 17 | LR37-AR00-18 Instructions to Guardians of the Person or the Estate
The first current accounting is due within 30 days after the first anniversary of the Letters of Guardianship, with annual accountings thereafter unless the Court grants relief upon proper request.
The Guardian shall file his/her first current Accounting within thirty (30) days after the first anniversary of the date on which the letters of guardianship were issued, and every year thereafter, unless relieved of that duty by the Court upon filing a proper request.
Page 18 | Form LR37-AR00-18
The Guardian must file a final accounting when the guardianship terminates, whether because of the protected person’s death or another reason.
File a final accounting with the Court upon the termination of the guardianship, whether due to the death of the protected person, or for any other reason.
Page 18 | Form LR37-AR00-18
If the Court relieves the Guardian of annual accountings, an accounting is due every two years, no later than 30 days after the second anniversary of appointment and every two years thereafter.
If relieved of annual accountings by the Court, then an accounting shall be filed every two years, not more than thirty (30) days after the second anniversary date of the guardian’s appointment and every two years thereafter.
Page 18 | Form LR37-AR00-18
A final guardianship accounting must be filed within 30 days after the Guardian’s appointment terminates, regardless of the timing of the last accounting.
A final guardianship accounting must be filed within thirty (30) days of the date of the guardian’s appointment being terminated, regardless of when the last accounting was completed or due.
Page 18 | Form LR37-AR00-18
The Guardian’s attorney must file a verified inventory and appraisal within 90 days after appointment, valuing property as of the appointment date.
Have your attorney file with the Court, within ninety (90) days after your appointment, a verified inventory and appraisal of all the property belonging to the protected person, with values as of the date you were appointed.
Page 18 | Form LR37-AR00-18
Your attorney must file the estate inventory no later than two months after appointment.
No later than two (2) months after your appointment, have your attorney file in this Court an inventory describing all property belonging to the estate, with date of death values, and forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees of the estate.
Page 25 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE
The estate must be closed within one year after appointment as personal representative.
Indiana law requires the estate to be closed within one (1) year of your appointment as personal representative.
Page 26 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE
Estate, inheritance, and fiduciary tax returns must be filed timely, and taxes must be paid as they come due.
Timely prepare and file any estate, inheritance or fiduciary tax returns and pay taxes as they come due.
Page 26 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE
Distribution must occur after Court approval of the final account, followed by filing a supplemental report with receipts attached.
After the Court approves your final account, make distribution to the proper people and file a supplemental report with the Court, attaching receipts.
Page 26 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE
After estate administration is complete, your attorney must file a final accounting consisting of three schedules.
Have your attorney file your final accounting, consisting of three (3) schedules, after the administration of the estate has been completed.
Page 26 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE
The required inventory or verified certification must be filed within two months of appointment.
Within two (2) months of your appointment you must either:
Page 28 | Court’s Instructions to Personal Representative of Unsupervised Estate
Estate, inheritance, and fiduciary tax returns must be prepared and filed timely, and taxes must be paid as they come due.
Timely prepare and file any estate, inheritance or fiduciary tax returns and pay taxes as they come due.
Page 29 | LR37-AR00-20.1 Form
The institution officer’s certification must be dated no more than 10 days before the accounting is filed.
The certification must be dated by the officer not more than ten (10) days prior to the date of filing the Accounting
Page 30 | LR37-AR00-21 General Probate Rules
The guardian or attorney must file the financial institution’s acknowledgment or acquiescence to a restricted account within 10 business days of the order creating it.
D. Where a restricted account has been created, an acknowledgment of or acquiescence to the restriction by the financial institution involved must be filed by the Guardian or Attorney within ten (10) business days of the Court Order creating such an account.
Page 30 | LR37-AR00-21 General Probate Rules
A guardian handling a protected person’s finances must file the first current accounting within 30 days after the first anniversary of the letters and annually thereafter, unless excused by the Court; if excused from annual accountings, accountings are due biennially.
E. In the event an individual is appointed Guardian to handle the financial affairs of a protected person, the Guardian shall file his/her first current Accounting within thirty (30) days after the first anniversary of the date on which the letters were issued, and every year thereafter, unless relieved of that duty by the Court upon filing a proper request. If relieved of annual accountings by the Court, then an accounting shall be required biennially, per Indiana Code § 29-3-9-6.
Page 30 | LR37-AR00-21 General Probate Rules
A fiduciary must file an inventory for each estate within 60 days of appointment.
A. An inventory shall be filed by the fiduciary in all estates and guardianships as follows: Estates (supervised and unsupervised), 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.
Page 30 | LR37-AR00-21 General Probate Rules
If a supervised or unsupervised estate remains open beyond one year from opening, the personal representative must report its condition to the Court one year after appointment and annually until administration is complete.
C. If a Supervised or Unsupervised estate cannot be closed within one (1) year from opening, the Personal Representative must report the condition of the estate to the Court one (1) year after the date of the Personal Representative’s appointment, and thereafter every year until the estate is fully administered.
Page 30 | LR37-AR00-21 General Probate Rules
A written plea agreement resolving a case must be submitted before jurors are summoned for a criminal jury trial under Jury Rule 4(b).
Written plea agreement resolving cases must be submitted to the Court prior to the time for summonsing jurors for a criminal jury trial pursuant to Jury Rule 4(b).
Page 31 | LR37-CP00-21 Plea Agreement Submission
A request for a guardian ad litem must be filed at least 30 days before the hearing on the issue for which the appointment is sought.
A party may request a guardian ad litem in a family law or probate matter by filing, at least thirty (30) days prior to any hearing set upon an issue for which a guardian ad litem is sought.
Page 39 | LR37-FL00-22 Guardians Ad Litem in Family Law and Probate Cases
The Contested Issues Dissolution Trial Readiness Form must be filed seven days before the specified contested hearing.
Seven days prior to a contested final hearing in a dissolution of marriage action on any issue or a contested hearing on a paternity or a co-habitation case, each party shall complete and file the Contested Issues Dissolution Trial Readiness Form contained in this rule.
Page 40 | LR37-FL00-24 Family Law Trial Readiness
The Family Law Contested Hearing Witness List must be filed seven days before the covered contested hearing, except in Title IV-D support cases.
Seven days prior to any contested hearing in a family law case including paternity, support, post-secondary educational support, custody, visitation, dissolution of marriage (except for Title IV-D support cases) the parties shall complete and file the Family Law Contested Hearing Witness List contained in this rule.
Page 40 | LR37-FL00-24 Family Law Trial Readiness
The worksheets must be promptly supplemented if changes occur before the hearing.
The worksheet(s) shall be promptly supplemented if any changes occur prior to hearing.
Page 47 | LR 37-FL00-25 Miscellaneous Family Law Rules
A petition e-filed under Trial Rule 86 in this circumstance will be addressed no earlier than the next business day upon processing by the Clerk.
Parties seeking emergency orders after hours who do not comply with this rule or do not want to comply with this rule may e-file the petition pursuant to Trial Rule 86 by counsel and it will be addressed, at the earliest, the next business day upon processing by the Clerk of the Court.
Page 47 | LR 37-AR00-26 After Hours Emergency Matters
Service and Proof of Service Rules
The Guardian must provide the inventory to the protected person if over 14 and to the other persons specified by statute.
You must provide a copy of the inventory to the protected person (if over fourteen (14) years of age) and to certain other persons as set out in Indiana Code §29-3-9-5.
Page 18 | Form LR37-AR00-18
A copy of the inventory must be served forthwith on all known heirs, beneficiaries, or distributees.
No later than two (2) months after your appointment, have your attorney file in this Court an inventory describing all property belonging to the estate, with date of death values, and forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees of the estate.
Page 25 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE
When filing the verified certification, notice that the inventory was prepared and is available must have been forthwith served on all known heirs, beneficiaries, or distributees.
notice of preparation of the inventory and its availability has been forthwith served on all known heirs, beneficiaries or distributees.
Page 28 | Court’s Instructions to Personal Representative of Unsupervised Estate
When filing the inventory, the personal representative must forthwith serve a copy on all known heirs, beneficiaries, or distributees.
forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees of the estate
Page 28 | Court’s Instructions to Personal Representative of Unsupervised Estate
A copy of the closing statement must be sent to all distributees.
After you fully complete the estate administration, you must file a closing statement with the Court verifying that all proper claims, expenses and taxes have been paid, that all assets have been properly distributed, and that a copy of the closing statement has been sent to all distributes, fully accounting for all assets, expenses and distributions made to the heirs.
Page 29 | LR37-AR00-20.1 Form
The attorney must provide written notice of the estate administration to all known creditors.
Have your attorney provide written notice of the administration of the estate to all known creditors of the estate.
Page 29 | LR37-AR00-20.1 Form
The party or counsel must file proof of service.
It is the responsibility of the party or counsel to file proof of service.
Page 48 | LR 37-SC00-28 Small Claims Rules
Parties or counsel must notify opposing parties and counsel of all filings and pleadings.
Parties and/or Counsel are responsible for notifying opposing parties and counsel of all filings and pleadings.
Page 48 | LR 37-SC00-28 Small Claims Rules
Parties or counsel must obtain service under Trial Rule 4 and arrange for proper service, including postage, the Sheriff's fee, and delivery of pleadings to the Sheriff.
Parties and/or Counsel are responsible for obtaining service under Trial Rule 4 and for making all of the necessary arrangements for proper service including postage and Sheriff’s fee and delivery of pleadings to be served to the Sheriff.
Page 48 | LR 37-SC00-28 Small Claims Rules
Filing Fees and Waivers
The maximum fee for expedited transcripts under the indigent-transcript provisions is $8.00 per page.
A maximum per page fee for expedited transcripts shall be set at $8.00 per page.
Page 9 | D. INDIGENT TRANSCRIPTS
Photocopies of exhibits, pleadings, or non-transcript documents are capped at $0.25 per page under the indigent-transcript provisions.
A maximum fee of $.25 per page for photocopies of exhibits, pleadings, or documents other than transcripts.
Page 9 | D. INDIGENT TRANSCRIPTS
Deposition transcripts are capped at $4.50 per page, with an additional recording charge.
A maximum per page fee for depositions shall be set at $4.50 per page, in addition to a recording charge.
Page 9 | E. PRIVATE TRANSCRIPTS
The maximum fee for transcript copies under the indigent-transcript provisions is $2.00 per page.
A maximum per page fee for copies of transcripts shall be set at $2.00 per page.
Page 9 | D. INDIGENT TRANSCRIPTS
Court reporters may charge an hourly rate commensurate with their annual pay for the listed copying, binding, transcript-preparation, and notice-preparation work.
The court reporters may charge an hourly rate commensurate with their annual rate of pay for copying and binding of exhibits, digital preparation of transcripts, including table of contents, and for preparation of the Notice of Completion.
Page 9 | G. HOURLY CHARGES
Private transcript work is capped at $4.50 per page.
A maximum per page fee for private transcript work shall be set at $4.50 per page.
Page 9 | E. PRIVATE TRANSCRIPTS
A minimum fee of $35.00 may be charged by the court reporters for any transcript prepared, whether county or state indigent, private, or depositions.
A minimum fee of $35.00 may be charged by the court reporters for any transcript prepared, whether county or state indigent, private, or depositions.
Page 9 | F. MINIMUM FEE FOR TRANSCRIPTS
State indigent transcript fees are capped at $4.50 per page, and reporters must submit preparation claims directly to the State of Indiana auditor.
A maximum per page fee of state indigent transcripts shall be set at $4.50 per page. The court reporters shall submit a claim directly to the auditor of the State of Indiana for the preparation of state indigent transcripts.
Page 9 | D. INDIGENT TRANSCRIPTS
Copies of transcripts or depositions are capped at $2.00 per page.
A maximum per page fee for copies of transcripts/depositions shall be set at $2.00 per page.
Page 9 | E. PRIVATE TRANSCRIPTS
County indigent transcript fees are capped at $4.50 per page, and reporters must submit preparation claims directly to the county auditor.
A maximum per page fee for county indigent transcripts shall be set at $4.50 per page. The court reporters shall submit a claim directly to the county auditor for the preparation of county indigent transcripts.
Page 9 | D. INDIGENT TRANSCRIPTS
With court agreement, a reporter may use court resources for private deposition work but must reimburse the court quarterly at $0.50 per page.
Upon agreement of the court, the court reporter may utilize court equipment, work space and/or supplies in said private practice; however, the court reporter shall reimburse the court, on a quarterly basis, at the rate of $.50 per page for the use of said equipment, work space and/or supplies.
Page 10 | H. DEPOSITIONS
A required supply fee of $18.00 applies to non-appeal transcripts and is payable to the Jasper County Treasurer.
A standard supply fee of $18.00 shall be charged for any transcript prepared which is not for purposes of an appeal and $36.00 for any transcript prepared by the court reporters which is for purposes of appeal to cover supplies, i.e. binders and C.D.s, and said fee shall be paid to the Treasurer of Jasper County, and shall be credited to the office supply budget of the Court.
Page 10 | I. FEE FOR SUPPLIES
The Jasper Circuit Court Probation Department shall establish fees for services and programs provided to juveniles.
A. The Jasper Circuit Court Probation Department, under the supervision of the Jasper Circuit Court Judge shall set and establish a set of fees for services provided to juveniles, including but not limited to: 1. Juvenile alcohol education programs; 2. Juvenile community service programs; 3. Juvenile education or treatment programs; and 4. Any other program or service provided for juveniles.
Page 13 | LR37-AR00-13 Miscellaneous Court Fee Matters
The court may charge a higher or lower fee when necessary because contracted costs with a service provider have changed.
G. Notwithstanding any provision of this Rule, the Court may charge a different fee, higher or lower, necessitated by change in the contracted costs between the Courts and any service provider who provides any service for which a fee is assessed under this Rule.
Page 14 | LR37-AR00-13 Miscellaneous Court Fee Matters
The courts shall assess indigent defendants the statutory maximum public defender fee, payable to the Clerk for the supplemental public defender’s fund; at adoption, the amounts were $50 for misdemeanors and $100 for felony or murder cases.
B. The Jasper Circuit Court and the Jasper Superior Court shall assess the maximum allowable public defender fee authorized by statute to indigent defendants in misdemeanor, felony and murder cases to be paid to the Clerk of the Courts and placed into the supplemental public defender’s fund. At the time of the adoption of this rule, the fees are $50.00 for a misdemeanor and $100.00 for a felony or murder case.
Page 14 | LR37-AR00-13 Miscellaneous Court Fee Matters
When a public defender is appointed in any other case, the maximum fee is the statutory maximum misdemeanor public defender fee.
D. In any other case where a public defender is appointed, the maximum allowable public defender fee to be charged by the Jasper Circuit or Jasper Superior Court shall be the equivalent of the maximum misdemeanor public defender fee allowed by state statute.
Page 14 | LR37-AR00-13 Miscellaneous Court Fee Matters
The court may assess a statutory user fee when a guardian ad litem or court-appointed special advocate is appointed, capped at the greater of the statutory maximum or $100.
E. In any case in the Jasper Circuit or Jasper Superior Court in which a guardian ad litem or court appointed special advocate is appointed as required by law, the Judge of the Court may assess a user fee pursuant to statute (Ind. Code § 31-40-3-1) not to exceed the maximum amount allowed by statute or $100.00, whichever is greater.
Page 14 | LR37-AR00-13 Miscellaneous Court Fee Matters
After determining the person’s financial means and providing notice and an opportunity to be heard, the court may require a person appointed a public defender or guardian ad litem to repay all or part of the fees incurred by the Court and County.
F. Notwithstanding any other provision of this rule, the Court may, after determining the financial means of any person appointed a public defender or guardian ad litem, require the person to pay back all or part of the fees incurred upon by the Court and the County after giving the person notice and opportunity to be heard.
Page 14 | LR37-AR00-13 Miscellaneous Court Fee Matters
In the specified juvenile case types, the maximum public defender fee is the statutory maximum misdemeanor public defender fee.
C. In all juvenile cases (JC, JS, JD, JM, JT, JP) the maximum allowable public defender fee to be charged by the Jasper Circuit or Jasper Superior Court shall be the equivalent of the maximum misdemeanor public defender fee allowed by state statute.
Page 14 | LR37-AR00-13 Miscellaneous Court Fee Matters
Pre-Motion Conference Requirements
Before requesting a hearing on a Rule to Show Cause or Proceedings Supplemental, the parties must meet and attempt to resolve the matter.
Prior to a Court hearing on a Rule to Show Cause or a Proceedings Supplemental, the parties must first meet and attempt to resolve the matter before coming into the Courtroom and requesting a hearing on the record.
Page 48 | LR 37-SC00-28 Small Claims Rules
Adjournment & Extension Requirements
Every motion to continue must state the original hearing date and time, whether the hearing was coordinated with the Court or counsel, efforts to contact the opposing side, any objection, and whether prior continuances were requested and granted.
Every motion to continue shall state: 1. The original date and time of the hearing; 2. Whether the hearing was coordinated with the Court or counsel; 3. Efforts made by the moving party to contact the opposing party or counsel prior to filing the motion to continue; and 4. Whether or not opposing counsel or the opposing party objects. 5. Whether any prior continuances have been requested for either party and whether such prior request was granted,
Page 15 | LR37-AR00-16 Continuances
A motion to continue must be filed at least five days before the hearing, measured from its specified date and time.
All motions to continue, pursuant to Trial Rule 6(D), must be filed five (5) days before the date and time specified for the hearing for which a continuance is sought.
Page 15 | LR37-AR00-16 Continuances
A motion to continue filed fewer than five days before the hearing must be verified and explain why it could not be filed on the ordinary schedule and why a continuance is necessary; it must also state the hearing date and time, coordination, contact efforts, and whether the opposing side objects.
Any motion to continue filed sooner than five (5) days before the date and time specified for the hearing for which a continuance is sought: 1. Must be verified; 2. Must state the reasons that the motion could not be filed pursuant to subpart A of this rule; 3. Must state the reasons for the necessity of a continuance; 4. The original date and time of the hearing; 5. Whether the hearing was coordinated with the Court or counsel; 6. Efforts made by the moving party to contact the opposing party or counsel prior to filing the motion to continue; and 7. Whether or not opposing counsel or the opposing party objects.
Page 16 | LR37-AR00-16 Continuances
A continuance may be granted only on a party’s motion, for good cause and only as long as necessary, with the stated interests considered; requests must be written, disclose opposition and prior requests, identify their ordinal number in the title, and granted orders must identify whose motion was granted.
Upon motion of any party, the Court may grant a continuance only upon showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or defendant, but also the public interest in the prompt disposition of the case. All orders granting continuances shall indicate on which party's motion the continuance is granted. All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc) shall be made in writing, shall state whether or not opposing counsel objects to the motion, and shall state whether prior continuances or enlargements have been requested by either party and whether such prior request was granted. All motions for continuance or enlargement of time shall denominate in the title of such motion whether it is the first, second, third, etc motion for continuance or enlargement of time; e.g. Defendant’s Second Motion for Continuance of Mandatory Disposition Conference.
Page 31 | LR37-CP00-21 Plea Agreement Submission
A noncompliant or legally or factually unsupported, frivolous, vexatious, or bad-faith motion to continue may subject the moving party to sanctions, including attorney fees where permitted by law.
Motions to continue not filed in accordance with this rule or which are found to be unsupported by law or facts, frivolous, vexatious or in any way without good faith merit may subject the moving party to sanctions including attorney fees where permitted by law.
Page 16 | LR37-AR00-16 Continuances
The Court may decide a continuance motion without a hearing and may set an early-filed motion under subpart C for a hearing on whether the continuance is necessary.
The Court may grant or deny a continuance under this rule without hearing. The Court may set a motion made under subpart C for hearing on the issue of the necessity of the continuance.
Page 16 | LR37-AR00-16 Continuances
If a party fails to comply with the trial-readiness rule, the Court may continue the final hearing until the parties comply.
A party failing to comply with this rule may be subject to sanctions from the Court under the Trial Rules or by any applicable statute. The Court may also continue the final hearing until the parties comply with this rule.
Page 40 | LR37-FL00-24 Family Law Trial Readiness
Chambers Communication Rules
You must notify the Court and your attorney of any change to your address or telephone number.
Notify the Court and your attorney of any change in your address or telephone number.
Page 26 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE
When parties reach an agreement while a court date is pending, they must notify the Court in a timely manner or may face sanctions.
In all proceedings where a court date is pending and the parties reach an agreement between themselves, the parties shall notify the Court in a timely manner. Failure to do so may result in sanctions being imposed against either or both parties and/or their attorneys.
Page 12 | LR37-AR-0009 Agreement with Court Date Pending