Jennings County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Motion

Motions seeking relief under Trial Rules 12, 24, 42, and 60 must be accompanied by a brief and proof of service on opposing counsel.

G.) MOTIONS UNDER TRIAL RULES 12, 24, 42, and 60. Motions seeking relief under Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon opposing counsel.

CRITICAL

Applies to

Expungement motion

Upon expiration of the from the date of the dismissal, the proponent of the motion shall file an Order Granting Expungement or a written request to schedule the matter for hearing.

Upon expiration of the from the date of the dismissal, the proponent of the motion shall file an Order Granting Expungement or a written request to schedule the matter for hearing.

CRITICAL

Applies to

Chronological case summary entry order or judgment

Chronological case summary entries, orders, and judgments must include a distribution list with each recipient’s name and mailing address in the lower left-hand corner of the signature page.

D.) All chronological case summary entries, orders, and judgments shall have, in the lower left-hand corner of the signature page, a distribution list with the name and mailing address of each party or attorney to receive a copy of the same.

CRITICAL

Applies to

Financial declaration

Each party must attach reasonably required and reasonably available supporting information to the Financial Declaration Form, including tax returns and supporting documentation and current wage records; subpoenaed materials and materials possessed by the other party are not reasonably available.

For the purpose of providing a full and complete verification of income, assets, liabilities, and values, each party shall attach to the Financial Declaration Form all information reasonably required and reasonably available. At a minimum, this shall include income tax returns and supporting documentation, and current wage records. “Reasonably available” means that material which may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed or is in the possession of the other party.

CRITICAL

Applies to

Receipt

The party receiving and removing evidence must give the Court a detailed receipt at removal and have it made part of the Court’s file.

At the time of removal, a detailed receipt shall be given to the Court by the party receiving and removing the evidence, and the receipt shall be made a part of the Court’s file.

CRITICAL

Applies to

Financial declaration

The Financial Declaration Form must be supplemented if additional material becomes available.

Additionally, pursuant to INDIANA TRIAL RULE 26(e)(2) and (3), the Form shall be supplemented if additional material becomes available.

CRITICAL

Applies to

Motion

Must include

proposed order

The medical-release motion must include a dated and signed provider statement with specified visit information and a proposed order.

Any person otherwise eligible must file a written motion directly with the appropriate court at least seven (7) business days prior to the scheduled appointment date, and have attached to the motion a statement on the medical provider’s letterhead, dated and signed, briefly describing the underlying condition, the reason for the visit and when it was scheduled and the date, time and place of the visit along with a proposed order.

CRITICAL

Applies to

Proposed order

A proposed order should accompany each continuance motion and must identify which party the delay is charged to; an order lacking that language will be returned for correction.

A Proposed Order should be tendered along with each Motion to Continue, and said Proposed Order must include language indicating which party the delay is charged to, or it shall be returned to the filing party for correction.

CRITICAL

Applies to

Interrogatories

Interrogatories to parties under Trial Rule 33 must be signed and dated by the propounding party.

All interrogatories to parties propounded pursuant to Trial Rule 33 shall be signed and dated by the propounding party.

CRITICAL

Applies to

Motion

Any individual incarcerated in the Jennings County Jail may be granted funeral leave, but only if the deceased person is the lawful spouse, child, parent, sibling, or grandparent of the incarcerated individual, and then only upon written, verified motion filed with the applicable court indicating the day, time, and place of the viewing and funeral. Funeral leave remains at the discretion of the trial court judge.

Any individual incarcerated in the Jennings County Jail may be granted funeral leave, but only if the deceased person is the lawful spouse, child, parent, sibling, or grandparent of the incarcerated individual, and then only upon written, verified motion filed with the applicable court indicating the day, time, and place of the viewing and funeral. Funeral leave remains at the discretion of the trial court judge.

CRITICAL

Applies to

Pre trial notice

A party offering biologically contaminated evidence must file a pre-trial notice with the Court before trial.

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 may consider the issue and rule appropriately before the jury trial.

CRITICAL

Applies to

Expedited hearing

Each party must bring to an expedited hearing all documentary evidence required by the Local Rules.

Each party shall bring to the expedited hearing all documentary evidence as required by these Local Rules.

CRITICAL

Applies to

Contested divorce and paternity hearing

For contested divorce and paternity hearings, each party must submit the listed exhibits before the hearing when applicable.

In all contested divorce and paternity hearings, each party shall submit the following exhibits to the Court prior to the hearing, if applicable. 1.) A Child Support Guideline Worksheet. 2.) A calculation of the child support arrearage. 3.) The Financial Declaration Form mentioned in LR 40-FL02-13 4.) The parties’ proposed distribution of marital assets and debts.

CRITICAL

Applies to

Discovery motion

A discovery motion following consultation must state the date, time, and place of the consultations and identify the participants.

After personal consultation and good faith attempts to resolve differences as to the foregoing matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek protection against discovery as aforesaid. As a part of such motion, the party shall recite the date, time, and place of the personal consultations and the names of the participants.

CRITICAL

Applies to

Parenting power program completion certificate

Both parents in the specified proceedings must file a certificate showing completion of the required program.

In any dissolution of marriage, paternity, or legal separation proceeding where there remain minor children born of the marriage or relationship, both the father and mother shall complete the Parenting Power program or equivalent program approved by the Court within sixty (60) days after the filing of the petition and file with the Court a certificate of completion.

CRITICAL

Applies to

Notice of bankruptcy

A debtor’s bankruptcy attorney must file a notice of bankruptcy stating the filing date, bankruptcy court location and case number, and affirming that the opposing party was listed on the bankruptcy petition.

It shall be the duty of the debtors’ bankruptcy attorney to file with the Court a notice of bankruptcy setting forth the date of the bankruptcy filing, the bankruptcy court location and case number, and an affirmation that the opposing party has been duly listed on the bankruptcy petition.

CRITICAL

Applies to

Proposed findings conclusions

When Court findings of fact are requested or required, counsel must submit proposed findings stating the claimed established facts and conclusions of law.

In all cases where findings of fact by the Court are requested or required, counsel of record shall submit to the Court proposed findings setting forth all facts claimed to have been established and the conclusions of law thereon.

CRITICAL

Applies to

Motion

After the briefing schedule expires, the motion’s proponent must file a written request to schedule a hearing.

Upon expiration of the time provided by the briefing schedule, the proponent of the motion shall file a written request to schedule the matter for hearing.

CRITICAL

Applies to

Parenting power program completion certificate

A final hearing will not be set until both parents' program-completion certificates are filed with the Court.

No final hearing will be set until both certificates are on file with the Court.

CRITICAL

Applies to

Continuance motion

Each continuance motion in a criminal matter must state whether the delay should be charged to the defendant or the prosecution.

E.) Each Motion to Continue in criminal matters shall indicate whether the delay should be charged to the defendant or the prosecution.

CRITICAL

Applies to

Ex parte emergency custody motion or petition

Ex parte or emergency child-custody and minor-child guardianship motions or petitions must be sworn, verified, notarized, signed, and include the specified information and any applicable custody order.

Whether in the context of a dissolution of marriage, paternity, guardianship, or any other proceeding, where one is seeking ex parte or emergency custody of a child or ex parte emergency guardianship of a minor child, the following minimum information will be required in the Jennings Circuit Court and the Jennings Superior Court: 1.) A sworn, verified, and notarized motion or petition signed by the person seeking relief. 2.) The full name and physical and mailing address of the petitioner or movant, and their relationship to the child or children for whom they are seeking custody or guardianship. 3.) The full name, date of birth, and age of the child or children for whom custody or guardianship is being sought. 4.) The length of time the child or children have been in the petitioner’s or movant’s physical custody, and a brief description of the circumstances as to how such physical custody occurred. If the child or children are in another’s physical custody, the same information is required, including that person’s relationship to the child or children. 5.) The name and physical and mailing address of every other person who has legal or physical custody of the child or claims such right, including, but not limited to, the biological mother, biological father, or putative father(s). If it is claimed that an address is unknown, then the Court shall be advised what efforts have been undertaken to locate said person and their last known physical and mailing address. 6.) If any other interested party is represented by counsel, or known to have counsel, what efforts have been undertaken to advise other counsel of the pending ex parte request and other counsel’s response. 7.) A complete copy of the most recent custody order in effect, if any. 8.) A statement whether the person seeking emergency or ex parte custody of guardianship has had their visitation or custodial rights to any of said child or children limited, restricted, or suspended in any way by prior court order. 9.) The existence of any pending C.H.I.N.S. proceeding or other involvement by a child welfare agency, and whether custody proceedings or guardianship proceedings regarding the child or children are pending in or have been filed in

CRITICAL

Applies to

Motion or application

Must include

proposed order

Motions or applications for the listed matters must be accompanied by proposed orders.

B.) PROPOSED ORDERS REQUIRED. Proposed orders shall accompany motions or applications in the following matters: 1.) to enlarge or shorten time 2.) for setting of hearing, conference or trial 3.) for continuance 4.) for default judgment 5.) to compel discovery 6.) to withdraw appearance 7.) for dismissal 8.) for change of venue 9.) for restraining order, temporary injunction 10.) for summary judgment 11.) for reduction of bond 12.) for psychiatric examination for competency 13.) for modification of sentence 14.) for post-conviction relief 15.) for such other orders, judgments, or decrees as the Court may direct.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions must be accompanied by a hearing request and a proposed order scheduling a hearing, except for the stated categories of motions.

C.) HEARINGS REQUIRED. Excepting motions to correct error, motions for summary judgment or other motions described in subsection F, subsection G, and subsection H of this rule, all motions shall be accompanied by a motion requesting a hearing and a proposed order for the scheduling of a hearing date.

CRITICAL

Applies to

Motion to dismiss

Must include

proposed order

A prosecutor’s motion to dismiss all charges or juvenile delinquency allegations resulting in expungement must include a proposed Order Pending Expungement specifying the response and expungement periods.

H.) EXPUNGEMENTS FROM DISMISSAL UNDER I.C. 35-38-9-1. The Prosecutor filing a motion to dismiss all charges or juvenile delinquency allegations resulting in expungement shall be accompanied by a proposed Order Pending Expungement giving the prosecutor thirty (30) days to file a response or that the Expungement shall be granted after sixty (60) days from the date of the dismissal.

CRITICAL

Applies to

Juror questionnaire

Counsel and parties may not copy or distribute juror questionnaires, and must return them to the court at the conclusion of trial.

Juror questionnaires shall be handled in accordance with Jury Rule 10 and Indiana Administrative Rule 9(G)(1)(b)(xii). Thus, juror questionnaires may not be recopied, duplicated, or distributed by counsel or the parties, and shall be returned to the court at the conclusion of the trial in order to safeguard juror privacy.

CRITICAL

Applies to

Motion for trial hearing or continuance

Must include

proposed order

A party requesting a trial, hearing, or continuance must prepare and submit a scheduling order with the motion, sufficient copies, and pre-addressed, pre-stamped envelopes for the parties and counsel of record.

A.) A party requesting a trial, hearing, or continuance shall be responsible for preparing an order which schedules or reschedules, as appropriate, a matter for trial or hearing. The order shall be submitted with the Motion For Trial, Hearing, or Continuance together with sufficient copies and pre-addressed and pre-stamped envelopes to provide copies to all parties and/or counsel of record.

CRITICAL

Applies to

Financial declaration

The exchange of Financial Declaration Forms is mandatory discovery subject to Indiana Trial Rule 37 sanctions.

The exchange of Forms constitutes mandatory discovery. Thus, INDIANA TRIAL RULE 37 sanctions apply.

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

When the Court retains continuing jurisdiction and retained counsel and the client do not wish to continue representation, counsel must submit a motion to withdraw and proposed order at the conclusion of the retained matter.

In all cases in which the Court retains continuing jurisdiction (e.g., dissolutions, juvenile, criminal) and retained legal counsel and client do not wish to continue representation, counsel shall, at the conclusion of the matter for which counsel was retained, submit a motion to withdraw from representation and a proposed order.

CRITICAL

Applies to

Withdrawal order

The withdrawal order must state the former client’s name and address for distribution and be accompanied by the required pre-addressed, pre-stamped envelopes.

The order of withdrawal shall also set forth the former client’s name and address for distribution, and be accompanied by pre-addressed, pre-stamped envelopes as set forth in LR 40-TR 58-04 above.

CRITICAL

Applies to

Financial declaration form

The moving party must prepare a Financial Declaration Form in the specified family-law matters.

A. Requirement In all relevant family law matters, including dissolutions, legal separations, paternity, and post decree support or maintenance proceedings, the moving party shall prepare and serve a Financial Declaration Form on the opposing party or their counsel within thirty (30) days of the date of the filing of the action.

CRITICAL

Applies to

Motion

Must include

proposed order

When filing any other type of motion, the party must submit a proposed order, sufficient copies and pre-addressed, pre-stamped envelopes for the parties and counsel of record, and a copy for the RJO.

B.) A party filing any other type of motion shall, at the time of filing, submit a proposed order with sufficient copies and pre-addressed, pre-stamped envelopes to serve all parties and/or counsel of record, along with a copy for the RJO (Record of Judgments and Orders).

WARNING

Applies to

Motion to compel

Such efforts and their results should be clearly stated in the Motion to Compel.

Such efforts and their results should be clearly stated in the Motion to Compel.

WARNING

Applies to

Financial declaration

The Court may require either party to supplement a Financial Declaration with appraisals, bank records, or other evidence supporting the stated values.

The Court may require either party to supplement such Financial Declaration with appraisals, bank records, and other evidence to support the values set out therein.

WARNING

Applies to

Motion to correct error

Must include

proposed order

Before the Court rules on a motion to correct error, any party may seek a hearing by filing a written hearing request and proposed scheduling order, but whether to hold a hearing is within the Court’s discretion.

E.) MOTION TO CORRECT ERROR. At any time before the Court has ruled upon a Motion to Correct Error, any party may request a hearing on such Motion by filing a written motion requesting a hearing and a proposed order for the scheduling of a hearing date. It shall be discretionary with the Court whether a hearing shall be held on such Motion to Correct Error.

INFO

Applies to

Notice of motion and order

An attorney may use a Notice of Motion and Order instead of subsection C’s hearing-request procedure for routine matters such as those listed.

D.) NOTICE OF MOTION AND ORDER. In lieu of the requirement of subsection C of this rule, an attorney may utilize a Notice of Motion and Order for routine matters such as a motion for continuance, motion to amend pleading, motion to shorten time, motion to add parties, motion to compel discovery, and the like.