Jasper County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship accounting

If assets are claimed to be held by a financial or holding institution, the guardian’s accounting must include an officer’s certification of the amount and value of the assets remaining in the guardianship account.

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.

CRITICAL

Applies to

Support agreement

If a support agreement deviates from the Guidelines by at least ten percent, the parties must present the Court with a written justification and, if applicable, supporting documents.

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.

CRITICAL

Applies to

Final accounting

A final accounting of the personal representative’s actions must be filed with the Court before the estate can be closed.

Before the estate can be closed, you must file with the Court a final accounting of your actions as personal representative.

CRITICAL

Applies to

Contested dissolution issues trial readiness form

Parties must submit proposed child support obligation worksheets as required by the 2019 amendments to the Indiana Child Support Rules.

parties shall submit proposed child support obligation worksheets as required by 2019 amendments to the Indiana Child Support Rules

CRITICAL

Applies to

Contested dissolution issues trial readiness form

A calculation must be attached when an arrearage amount is provided on the form.

Amount_______________________(attach calculation)

CRITICAL

Applies to

Motion to continue

Must include

proposed order

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.

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)

CRITICAL

Applies to

Written plea agreement

Defense counsel must provide enough plea-agreement copies for the Court, Defendant, State, and any other affected entity identified in the rule.

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.

CRITICAL

Applies to

Small claims case pleading or order

If the parties fail to notify the Court of an agreement and timely file any necessary subsequent pleading or order, the Court will assume they did not appear and dismiss the pending petition or Notice of Claim.

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.

CRITICAL

Applies to

Small claims case paperwork

Each party must file the appropriate paperwork with the Court when a case is resolved or otherwise is not heard in the courtroom or on the record.

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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Estate condition report

A personal representative must report the condition of an estate that remains open beyond one year from opening.

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.

CRITICAL

Applies to

Closing statement

After completing estate administration, the personal representative must file a closing statement verifying payment of claims, expenses, and taxes; proper asset distribution; delivery of a copy to all distributees; and a full accounting.

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.

CRITICAL

Applies to

Sentencing order

In a criminal case, the sentencing order serves as the withdrawal of a court-appointed public defender, and the Clerk must note the termination of representation in the record and CCS.

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.

CRITICAL

Applies to

Contested issues dissolution trial readiness form

Each party must complete and file the Contested Issues Dissolution Trial Readiness Form seven days before a contested final hearing in a dissolution action or a contested hearing in a paternity or co-habitation case.

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.

CRITICAL

Applies to

Verified inventory and appraisal

The inventory and appraisal filed with the Court must be verified and cover all of the protected person’s property using values 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.

CRITICAL

Applies to

Creditor notice

Your 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.

CRITICAL

Applies to

Continuance motion

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.

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.

CRITICAL

Applies to

Supplemental report

After distribution, a supplemental report must be filed with the Court 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.

CRITICAL

Applies to

Agreed guardian ad litem order

If the parties agree to a guardian ad litem, they must submit an agreed order signed by the parties and counsel that includes the requirements in subpart C.

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.

CRITICAL

Applies to

Title opinion or policy

The title opinion or policy, or a copy, must be available for inspection at the court or sale officer's office when the first sale notice is given and again at the sale.

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.

CRITICAL

Applies to

Restricted account acknowledgment

When a restricted account is created, the guardian or attorney must file the financial institution’s acknowledgment or acquiescence to the restriction.

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.

CRITICAL

Applies to

Guardian status report

A guardian of the person only must file a report on the protected person’s condition every two years.

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.

CRITICAL

Applies to

Guardianship instructions

Each court-appointed Guardian must file and execute the specified instructions form before receiving 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.

CRITICAL

Applies to

Continuance order

An order granting a continuance must identify which party moved for it.

All orders granting continuances shall indicate on which party's motion the continuance is granted.

CRITICAL

Applies to

Child support settlement or trial

In child-support proceedings, each party must file the applicable Indiana Child Support Guidelines worksheets with any settlement or introduce them at trial.

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.

CRITICAL

Applies to

Proposed distribution

The proposed distribution must be furnished to all interested parties, including heirs.

A proposed distribution must be furnished to all interested parties, including heirs.

CRITICAL

Applies to

Guardianship accounting

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.

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.

CRITICAL

Applies to

Continuance motion

The title of a continuance or enlargement motion must identify whether it is the first, second, third, or later such motion.

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.

CRITICAL

Applies to

Plea agreement

Counsel must give the Probation Department advance notice when a plea agreement proposes supervision to be transferred to another state or county.

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.

CRITICAL

Applies to

Income tax returns

The personal representative must prepare and file income tax returns for the year of death and any needed prior years.

Prepare and file income tax returns for the tax year in which the decedent died and any returns for prior years if needed.

CRITICAL

Applies to

Personal representative instructions form

File one copy of the form before appointment confirmation and keep one copy for your records.

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.

CRITICAL

Applies to

Current guardianship account

A current guardianship account must be verified and include three specified schedules, with expenditures supported by cancelled checks or facsimiles of paid checks.

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.

CRITICAL

Applies to

Report of violation

A pre-trial services officer must file a violation report with the Court, which will be set for hearing.

The pre-trial services officer shall file a report of a violation with the Court which will be set for hearing.

CRITICAL

Applies to

Personal representative instructions

Before receiving Letters of Administration or Letters Testamentary, each court-appointed personal representative must file and execute the instructions form applicable to the estate.

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.

CRITICAL

Applies to

Guardian ad litem appointment order

An order appointing a guardian ad litem must set out the guardian’s scope and duties and order a process for payment by the parties.

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.

CRITICAL

Applies to

Inventory

If a partial inventory is filed, every subsequent inventory must recapitulate prior inventories.

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

CRITICAL

Applies to

Guardian report

A guardian of the person’s current report must state the incapacitated person’s present residence and general welfare.

Current reports filed by a guardian of the person shall state the present residence and the general welfare of the incapacitated person.

CRITICAL

Applies to

Plea agreement

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.

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.

CRITICAL

Applies to

Child support worksheet

When reasonably possible, the worksheets must be filed and delivered to the other party and Court at the same time as the specified witness list or trial-readiness form.

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.

CRITICAL

Applies to

Physician report

In an adult guardianship matter based on physical or mental illness, the treating physician’s report or other evidence required by the Court must be presented when the petition is filed or on the hearing date; the Court will not make a determination without a supporting medical report or testimony.

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.

CRITICAL

Applies to

Physician report

The physician’s report form includes an affirmation under penalty of perjury that its contents are true and correct to the physician’s knowledge and belief.

I affirm, under the penalties of perjury, the above and foregoing is true and correct to the best of my knowledge and belief.

CRITICAL

Applies to

Motion to withdraw

A Guardian Ad Litem must file a Motion to Withdraw citing this rule after completing the appointed duties.

It is the responsibility of the Guardian Ad Litem to file a Motion to Withdraw citing this rule upon completion of their appointed duties.

CRITICAL

Applies to

Guardianship petition

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.

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.

CRITICAL

Applies to

Written plea agreement

Written plea agreements in criminal cases must use the attached Jasper County Courts Plea Agreement Form.

Written plea agreements submitted in criminal cases shall be submitted on the attached form entitled “Jasper County Courts Plea Agreement Form.”

CRITICAL

Applies to

Inventory

The inventory must describe all estate property and include its date-of-death values.

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.

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Presentence investigation report

A presentence investigation report is required for sentences to the Department of Corrections or Community Corrections, but a Level Six felony sentenced to the Jasper County Jail or a misdemeanor may waive it.

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.

CRITICAL

Applies to

Final accounting

The final accounting must contain three schedules: estate assets and adjustments, itemized expenditures with specified supporting details, and remaining property after expenditures.

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.

CRITICAL

Applies to

Inventory or verified certification

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.

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.

CRITICAL

Applies to

Motion or pleading

Must include

proposed order

Counsel filing a motion or other pleading must provide a proposed order granting the requested relief or setting the matter for hearing.

All counsel filing motions or other pleadings shall provide proposed orders grating the relief sought or setting the motion or pleading for hearing.