Court Rules

Johnson County Courts, Indiana

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Brief
15 pgs

Adjournments

  • The parties may agree to reset a proceedings-supplemental hearing without a COTA, but sanctions under LR41-SC-015 are unavailable if a party fails to appear at the reset hearing.
  • A party may receive one continuance upon a showing of good cause; it ordinarily cannot be granted within 72 hours of trial without court approval, the motion must be made in person or by an attorney with a written appearance, and the opposing party must be notified timely and their objection status stated.
  • A defendant may not receive a continuance in an action involving possession of real estate or personal property.
  • +5 more

Request must include

Adversary PositionReason for RequestOriginal DateProposed Rescheduled Date
  • Except in an emergency or as controlled by a pretrial conference order, a continuance motion for a court trial or hearing must be filed at least 7 days beforehand.
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Unless accompanied by a Motion for Leave to File a Brief in Excess of Page Limits, Memoranda in support of or in opposition to motions filed under Trial 12 or Trial Rule 56 shall not exceed fifteen (15) pages in length and any reply or surreply briefs thereon shall not exceed eight (8) pages in length.

Supporting brief
Up to 15 pages
Opposition brief
Up to 15 pages
Reply brief
Up to 8 pages
Surreply brief
Up to 8 pages
Applies to
  • Trial Rule 12 motions
  • Trial Rule 56 motions

Exception

More pages with leave of court

Document Format Requirements17 rules

FormattingMandatory

Parties or their attorneys must tender filing documents in complete and correct form, and bear responsibility for delays or missed deadlines caused by incomplete documents or improper costs.

Court's wording

Parties or their attorneys are solely responsible to tender to the Court any documents desired to be filed in complete and correct form, together with proper costs, as determined by the Clerk. Neither the Court nor the Clerk will be responsible for delays or deadlines missed due to the tender of incomplete or incorrect documents, or improper costs.

johnson-local-rules · Jan 2025 · p. 2
|SectionSmall Claims Rules — LR41 - SC - 002: General Practice
FormattingMandatory

At the first scheduled contested hearing, all parties are expected to be prepared for trial on the merits, which includes bringing three (3) copies of any exhibits intended to be used.

johnson-local-rules · Jan 2025 · p. 2
|SectionSmall Claims Rules — LR41 - SC - 004: Hearing Calendars
FormattingMandatory

Pro se litigants may file originals or photocopies of court forms; other forms require prior Court approval, and identical blank forms must then be provided immediately to the Clerk and Court.

Court's wording

Originals or photocopies of the forms described in LR41 - SC00 - 003(A) shall be acceptable for filing by pro se litigants. Any other form or photocopy thereof presented to the Clerk shall be accepted for filing only if such form received prior approval of the Court and in such instance, blank forms identical to that submitted and approved shall be immediately provided to the Clerk and to the Court for future reference and comparison.

johnson-local-rules · Jan 2025 · p. 2
|SectionSmall Claims Rules — LR41 - SC - 003: Forms
FormattingMandatory

Accountings in Supervised Estates and in Guardianships shall be presented in the following schedules and format and in accordance with the Indiana Code. Informal, handwritten or transactional accountings will not be accepted.

johnson-local-rules · Jan 2025 · p. 20
|SectionLR41 - PR - 080: Accountings Reports and Procedures
FormattingMandatory

Form. Claims shall be filed on forms substantially in accordance with Johnson County Probate Form 3.

johnson-local-rules · Jan 2025 · p. 23
|SectionLR41 - PR - 085: Claims.
FormattingMandatory

The certification shall be substantially in accordance with the form of Johnson County Probate Form 2.

FormattingMandatory

If a Physician’s Report is submitted, the Physician’s Report shall substantially comply with Johnson County Probate Form No. 4.

johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 089: Guardianships.
FormattingMandatory

The form of the notice provided shall comply with all statutory requirements.

Formatting

  • The form of the notice must comply with all statutory requirements
johnson-local-rules · Jan 2025 · p. 27
|SectionForms and Copies of Notice
FormattingMandatory

The Orders shall be provided in both paper and modifiable electronic format.

FormattingMandatory

All pleadings, motions, and other papers filed with the Court by attorneys shall follow the format requirements of Indiana Appellate Rule 43(B) - (G).

Applies to
  • Attorneys
FormattingImportant

Proposed Orders on contested hearings should be submitted in electronic format.

johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 088: Filing of Pleadings.
FormattingImportant

Citations to cases, statutes, or other authority should follow that provided in Indiana Appellate Rule 22 and the Uniform System of Citation (Bluebook) and should provide specific pinpoint page citations.

FormattingImportant

Pleadings, motions, and other papers that do not comply with the foregoing provisions may either be accepted by the Court or returned to the filing party for compliance.

FormattingNote

The preferred form for Instructions to the Guardian is set forth in Johnson County Probate Form 7.

johnson-local-rules · Jan 2025 · p. 25
|SectionLR41 - PR - 091: Instructions to Personal Representatives and Guardians
FormattingNote

The preferred form for Instructions to the Personal Representative in Unsupervised Estates is set forth in Johnson County Probate Form 6.

johnson-local-rules · Jan 2025 · p. 25
|SectionLR41 - PR - 091: Instructions to Personal Representatives and Guardians
FormattingNote

The preferred form for Instructions to the Personal Representative in Supervised Estates is set forth in Johnson County Probate Form 5.

johnson-local-rules · Jan 2025 · p. 25
|SectionLR41 - PR - 091: Instructions to Personal Representatives and Guardians
FormattingNote

Photographs of any exhibit may be included in the volume of documentary exhibits.

Document Filing Requirements129 rules

Filing RequirementsMandatory

B. Dismissal by Stipulation. Any claim may be dismissed by filing a stipulation of dismissal signed by all parties to the claim.

johnson-local-rules · Jan 2025 · p. 3
|SectionLR41 - SC - 007: Dismissal of Actions
Filing RequirementsMandatory

In addition to any other applicable requirement of Indiana law, the Plaintiff or Plaintiff's attorney shall sign and file a completed "Affidavit for Judgment by Default" form, if Plaintiff is not available to testify.

johnson-local-rules · Jan 2025 · p. 3
|SectionLR41 - SC - 008: Judgment upon Failure of a Party to Appear
Filing RequirementsMandatory

Proof of such fees shall be in the form of sworn testimony from, or the affidavit of, the attorney(s) whose services are being proved.

johnson-local-rules · Jan 2025 · p. 4
|SectionLR41 - SC - 009: Attorney Fees
Filing RequirementsMandatory

Despite a voluntary payment-and-garnishment agreement, a garnishment order may issue only if proceedings supplemental are pending against both the debtor and garnishee-defendant and the creditor represents the debtor’s default on the record, orally or in a written pleading.

Court's wording

In instances where a judgment debtor has entered a voluntary agreement for periodic payments to satisfy the judgment and has further consented to garnishment upon default, notwithstanding the terms of the agreement, no garnishment order shall issue unless: 1. an active proceeding supplemental is pending against the judgment debtor and the garnishee-defendant; and 2. the judgment creditor represents on the record either orally or by written pleading the default of judgment debtor.

johnson-local-rules · Jan 2025 · p. 6
|SectionLR41 - SC - 016(D): Garnishments Upon Default of Agreement
Filing RequirementsMandatory

the judgment creditor shall immediately prepare and obtain a court order releasing the applicable garnishment order

johnson-local-rules · Jan 2025 · p. 6
|SectionLR41 - SC - 016(E): Release
Filing RequirementsMandatory

at least three (3) Writs of Attachment.

johnson-local-rules · Jan 2025 · p. 6
|SectionLR41 - SC - 015(B)(3)(b): Body Attachment
Filing RequirementsMandatory

one (1) request for Body Attachment with the necessary information for a warrant, including the judgment debtor's social security number and or date of birth and/or physical description.

johnson-local-rules · Jan 2025 · p. 6
|SectionLR41 - SC - 015(B)(3)(a): Body Attachment
Filing RequirementsMandatory

notwithstanding the terms of the agreement, no order shall issue unless an active proceeding supplemental is pending against the judgment debtor.

johnson-local-rules · Jan 2025 · p. 6
|SectionLR41 - SC - 016(C): Voluntary Wage Assignments
Filing RequirementsMandatory

Post-judgment orders to self-employed and other judgment debtors are available pursuant to T.R. 69(E) upon the filing of a verified motion for proceedings supplemental by the judgment creditor.

johnson-local-rules · Jan 2025 · p. 6
|SectionLR41 - SC - 017(A): General Procedure
Filing RequirementsMandatory

an active proceedings supplemental as to the judgment debtor or waiver of notice by said judgment debtor

johnson-local-rules · Jan 2025 · p. 6
|SectionLR41 - SC - 016(B)(1): Requirements for Garnishment Order
Filing RequirementsMandatory

2. whose attorney files with the Court in each relevant action a motion for stay reciting the prior filing of bankruptcy by the judgment debtor and resultant stay of all proceedings by the bankruptcy court, including the cause number and court of the bankruptcy.

johnson-local-rules · Jan 2025 · p. 7
|SectionLR41 - SC - 019. Bankruptcy
Filing RequirementsMandatory

1. who files with the Court in each relevant action one (1) copy of the bankruptcy court's notice of relief;

johnson-local-rules · Jan 2025 · p. 7
|SectionLR41 - SC - 019. Bankruptcy
Filing RequirementsMandatory

An individual arrested for a violent crime and released must sign a bond condition acknowledging they are prohibited from having any direct or indirect contact with the alleged victim(s) for ten (10) days from release or until initial hearing, whichever occurs first.

johnson-local-rules · Jan 2025 · p. 8
|SectionLR41 - CR - 026. Mandatory Bond Condition
Filing RequirementsMandatory

Release of any original Exhibit or Exhibits which cannot be duplicated, replaced, or recreated shall be made only upon written authorization from the trial court.

johnson-local-rules · Jan 2025 · p. 12
|SectionLR41 - TR - 042: Exhibits
Filing RequirementsMandatory

The Prosecuting Attorney must file a Family Court Identification Form with the Juvenile and Family Court for the specified Nonsupport of a Dependent Child charges.

Court's wording

Pursuant to the Johnson County Local Criminal Rules, LR41 - CR - 065, charges of Nonsupport of a Dependent Child shall be assigned to the Johnson Circuit Court and heard in the Juvenile and Family Court by the Juvenile Magistrate as a Family Court proceeding. It shall be the duty of the Prosecuting Attorney to file the Family Court Identification Form with the Juvenile and Family Court.

johnson-local-rules · Jan 2025 · p. 13
|SectionLR41 - FL - 047: Eligibility
Filing RequirementsMandatory

For the specified contested final or modification hearings, parties must file an updated financial declaration accompanied by wage records.

Court's wording

In any contested final hearing or any modification hearing involving child custody, support, or division of assets or debts, the Parties will file an updated financial declaration accompanied with wage records at least five (5) days prior to the hearing.

johnson-local-rules · Jan 2025 · p. 18
|SectionLR41 - FL - 070: Financial Declarations
Filing RequirementsMandatory

In child-support matters, parties must file documentation proving current income and income earned during the prior tax year.

Court's wording

In all matters regarding child support issues, the Parties shall, on or before the date of the hearing: B. File supporting documentation to establish proof of current income and income earned during the prior tax year; and

johnson-local-rules · Jan 2025 · p. 18
|SectionLR41 - FL - 071: Child Support Worksheets
Filing RequirementsMandatory

In all matters regarding child support issues, the Parties shall, on or before the date of the hearing: C. File a draft Income Withholding Order and ISETS form.

johnson-local-rules · Jan 2025 · p. 18
|SectionLR41 - FL - 071: Child Support Worksheets
Filing RequirementsMandatory

If the matter is set for a preliminary hearing, the financial declaration must be filed no later than the day of the hearing.

johnson-local-rules · Jan 2025 · p. 18
|SectionLR41 - FL - 070: Financial Declarations
Filing RequirementsMandatory

In child-support matters, parties must file a Child Support Obligation Worksheet and, when appropriate, the specified additional worksheets; any claimed deviation must include its reasons on the worksheet or in an attachment.

Court's wording

In all matters regarding child support issues, the Parties shall, on or before the date of the hearing: A. File a Child Support Obligation Worksheet, including, when appropriate, the Post-Secondary Education Worksheet and /or a Parenting Time Credit Worksheet; and if the Parties contend a deviation from the Child Support Rules and Guidelines is appropriate, they shall indicate the reasons for deviation on the worksheet or in an attachment;

johnson-local-rules · Jan 2025 · p. 18
|SectionLR41 - FL - 071: Child Support Worksheets
Filing RequirementsMandatory

A praecipe for final hearing must notify the Court of the anticipated case length.

Document
Praecipe for final hearing

Must include

  • Anticipated length of the case

Court's wording

Either Party shall notify the Court in a praecipe for final hearing of the anticipated length of the case, and update that notice two (2) days prior to trial, so that the Court can determine whether to remove alternative choice settings.

johnson-local-rules · Jan 2025 · p. 19
|SectionLR41 - FL - 074: Hearings
Filing RequirementsMandatory

Any withdrawal or appearance shall include the last known address of the Party.

Document
Withdrawal or appearance

Must include

  • The last known address of the Party
johnson-local-rules · Jan 2025 · p. 19
|SectionLR41 - FL - 077: Termination of Representative Capacity
Filing RequirementsMandatory

An accounting may establish property held by reference to the Inventory or most recent Accounting, and must describe each new item of chargeable property.

Court's wording

a. The property held by the Personal Representative or Guardian may be established by reference to the Personal Representative’s or Guardian’s Inventory or most recent Accounting. b. Additional property chargeable to the Personal Representative or Guardian during the period of the accounting shall be identified as follows as to each new item of property: 1. a description of the property;

johnson-local-rules · Jan 2025 · p. 20
|SectionLR41 - PR - 080: Accountings Reports and Procedures
Filing RequirementsMandatory

A Guardian may request authorization for regular periodic advances only when providing care and allocating expenses for that care, and the written request must itemize past expenses and the proposed allocation.

Court's wording

In Guardianships, the Guardian shall make no disbursement to herself / himself without prior Court order. A Guardian may petition the Court for authorization to disburse Guardianship funds to herself / himself by regular and periodic advances, if: a. the Guardian is providing care to the incapacitated person and is allocating a portion of the Guardian’s regular periodic expenses for the incapacitated person’s care; and, b. the Guardian’s written request is supported by itemization of the past regular periodic expenses incurred and the proposed allocation of the expenses between the Guardian and the incapacitated person.

johnson-local-rules · Jan 2025 · p. 20
|SectionLR41 - PR - 080: Accountings Reports and Procedures
Filing RequirementsMandatory

A Guardianship accounting must include and account for benefits received for an incapacitated person or minor unless the Court previously approved direct payment to a residential or health care facility.

Court's wording

All Social Security, Medicare, pension benefits, or other benefits, including IRS distributions, received on behalf of an incapacitated person or minor shall be included and accounted for in the Guardianship accounting, unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility.

johnson-local-rules · Jan 2025 · p. 20
|SectionLR41 - PR - 080: Accountings Reports and Procedures
Filing RequirementsMandatory

Pursuant to this rule, the Petitioner must submit a proposed Order, with all information provided therein, at the time the Petition for Dissolution or Legal Separation is filed.

Document
Petition for dissolution or legal separation

Must include

  • Proposed order
  • With all information provided therein
johnson-local-rules · Jan 2025 · p. 20
|SectionLR41 - FL - 078: "Families in Transition" Program
Filing RequirementsMandatory

A request to appoint a Personal Representative or Guardian must be made by verified application containing the listed qualifications and statements.

Court's wording

Request for appointment as Personal Representative or Guardian shall be made by verified application for appointment containing information as to the Petitioner’s qualification to serve as Personal Representative or Guardian. The following information regarding the Petitioner is deemed relevant to the Petitioner’s qualification to serve as Personal Representative or Guardian: 1. address; 2. educational background; 3. current employment; 4. any prior experience in financial management, including investments and checkbook management; 5. any prior felony convictions; 6. a statement that the Petitioner has attained the age of majority and is not incapacitated for a reason other than physical illness, impairment, or infirmity; and, 7. a statement that a. the counsel for the Petitioner has been provided with the Petitioner’s Social Security Number and Date of Birth; and, b. authorizes the release of the same to the Court in the event of breach of any legal or Fiduciary duty.

johnson-local-rules · Jan 2025 · p. 22
|SectionLR41 - PR - 082: Appointment of a Fiduciary
Filing RequirementsMandatory

No final hearings in Adoption proceedings shall be scheduled without a written offer of proof of stability in the adoptive placement.

johnson-local-rules · Jan 2025 · p. 22
|SectionLR41 - PR - 081: Adoption
Filing RequirementsMandatory

No hearing on a Petition for Adoption will be scheduled until all reports, affidavits, and consents required by the Indiana Code are on file with the Court.

johnson-local-rules · Jan 2025 · p. 22
|SectionLR41 - PR - 081: Adoption
Filing RequirementsMandatory

The restricted account or document must display the specified withdrawal restriction.

Court's wording

assets in a federally-insured financial institution with the following restriction placed on the face NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF THE JOHNSON CIRCUIT OR SUPERIOR COURT.

Filing RequirementsMandatory

An acceptance of the terms of the restriction by the Fiduciary shall also be filed with the Court.

Filing RequirementsMandatory

An officer's certification that the financial institution will honor the account restriction must be filed.

Court's wording

A certification, by an officer of the financial institution at which the account has been created, which states that the account is restricted as required by the Court and that the financial institution will honor the restriction, shall be filed with the court within ten (10) days of the Order authorizing a restricted account.

Filing RequirementsMandatory

Subject to the subsection C below, all original pleadings filed with the Court shall be accompanied by self-addressed, stamped envelopes.

johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 088: Filing of Pleadings.
Filing RequirementsMandatory

Proposed Letters Testamentary, Letters of Administration or Letters of Guardianship shall be filed with the Petition for Appointment.

johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 088: Filing of Pleadings.
Filing RequirementsMandatory

All proposed orders shall be accompanied with self-addressed, stamped envelopes for return, and, if necessary, for distribution to parties or beneficiaries.

johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 088: Filing of Pleadings.
Filing RequirementsMandatory

A moving party shall provide proposed orders for rulings.

Document
Motion

Must include

  • Proposed order
johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 088: Filing of Pleadings.
Filing RequirementsMandatory

All pleadings filed shall contain the attorney’s name, attorney number, office address and telephone number.

johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 088: Filing of Pleadings.
Filing RequirementsMandatory

In every petition for the appointment of a Guardian of the person of a minor child, the following information shall be given: 1. the child’s present address and the name(s) of the person(s) with whom the child resides;

johnson-local-rules · Jan 2025 · p. 24
|SectionLR41 - PR - 089: Guardianships.
Filing RequirementsMandatory

In Unsupervised Estates, the Personal Representative shall file a verified written certification with the Court within two (2) months of Court appointment that the Inventory required under the Indiana Code has been prepared and is available to a distributee who requests a copy.

johnson-local-rules · Jan 2025 · p. 25
|SectionLR41 - PR - 092: Inventory
Filing RequirementsMandatory

The Instructions to the Personal Representative or Guardian, executed by the Fiduciary, must be filed with the Court prior to Court appointment and the issuance of letters.

johnson-local-rules · Jan 2025 · p. 25
|SectionLR41 - PR - 091: Instructions to Personal Representatives and Guardians
Filing RequirementsMandatory

In Supervised Estates, any written appraisals or evidence of value obtained to comply with the Indiana Code shall be attached as Exhibits to the Inventory or Inventories filed with the Court.

johnson-local-rules · Jan 2025 · p. 25
|SectionLR41 - PR - 092: Inventory
Filing RequirementsMandatory

The List of Notice Recipients shall include the names and addresses of all heirs, devisees, legatees, creditors, and organizations entitled to Notice of Administration.

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 095: Notices
Filing RequirementsMandatory

Minors Settlements shall otherwise be subject to the requirements for Guardianship, including the filing of inventory and accounting in Guardianships.

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 094: Minors Settlements
Filing RequirementsMandatory

If the minor is at least fourteen (14) years of age, the proposed settlement shall be accompanied by a written consent to settlement by the minor.

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 094: Minors Settlements
Filing RequirementsMandatory

An institution officer’s certificate confirming the required restrictions must be filed with the Court within ten days of the order authorizing the account or investment.

Court's wording

Within ten (10) days of an Order authorizing the creation of the account or investment, a certificate by an officer of the institution at which the account or investment has been created shall be filed with the Court which affirms that the account or investment is restricted as required by Court order and is in compliance with this rule.

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 094: Minors Settlements
Filing RequirementsMandatory

The List of Notice Recipients of Notice of Administration shall be provided to the Clerk.

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 095: Notices
Filing RequirementsMandatory

A restricted account or investment document must state that no principal or interest may be withdrawn without a written Court order.

Court's wording

Any such restricted account must provide that no principal or interest may be withdrawn from the account without a written order of the Court, and with the following restriction placed on the face of the account or in the investment document: NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF THE JOHNSON CIRCUIT OR SUPERIOR COURT

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 094: Minors Settlements
Filing RequirementsMandatory

a copy of the Notice of Administration for each person included in the List of Notice Recipients;

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 095: Notices
Filing RequirementsMandatory

In each Estate, the Personal Representative shall prepare a List of Notice Recipients (Clerk’s Certificate of Mailing).

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 095: Notices
Filing RequirementsMandatory

a Clerk’s Certificate of Mailing.

johnson-local-rules · Jan 2025 · p. 26
|SectionLR41 - PR - 095: Notices
Filing RequirementsMandatory

For a supervised Estate or Guardianship sale of real property, an appraisal or market analysis must be filed with the Petition for Sale unless previously filed with the Inventory, and must include the listed valuation information.

Court's wording

In all Supervised Estates and Guardianships in which real property is to be sold, a written appraisal or market analysis by a qualified real estate professional shall be filed with the Petition for Sale, unless such document was previously filed with the Inventory. Such written appraisal or market analysis shall include, at a minimum, the following information: 1. a brief description of the property interest being appraised or valued, including the full legal description thereof; 2. purpose or objective of the appraisal or valuation; 3. date for which Fair Market Value is determined; 4. if valuation is established through the comparable method of valuation, identification of the comparable sales used to value the subject property as well as identification of all adjustments made to the comparable sale to determine the fair market value of the subject property; 5. if valuation is established through another method of valuation, all data and reasoning that supports the Fair Market Value; 6. the Fair Market Value determined; 7. a statement of assumption and special or limiting conditions; 8. the qualification and background of the real estate professional; 9. certification of disinterest in the real property; 10. signature of appraiser / analyst.

johnson-local-rules · Jan 2025 · p. 27
|SectionLR41 - PR - 096: Sale or Transfer of Real Property
Filing RequirementsMandatory

All deeds submitted to the Court for approval, shall be signed by the Fiduciary and the signature notarized prior to its submission.

johnson-local-rules · Jan 2025 · p. 27
|SectionLR41 - PR - 096: Sale or Transfer of Real Property

Filing & Service rules

Electronic Filing Rules

Pleadings, motions, and other papers may not be filed by fax.

Pleadings, motions, or other papers may not be filed by facsimile transmission.

Page 34 | LR41-TR-115(C)

Pleadings may be filed electronically; pro se and out-of-state litigants may also file them in either the Clerk of Courts office or the Family Court.

Pleadings may be filed electronically or, for pro se and out-of-state litigants, in either the office of the Clerk of Courts or the Family Court.

Page 13 | LR41 - FL - 050: Filing of Pleadings

Filing Timing and Cure Windows

Once the judgment is fully paid and satisfied and the money has been received or is available in the Clerk's office, the judgment creditor must immediately release it by executing a release in the Clerk's judgment records or filing the release with the Clerk.

A. Release of judgment. When any judgment has been fully paid and satisfied, including any interest and all costs, and the judgment creditor has received all said monies or they are available in the Clerk's office, said judgment creditor shall immediately release the judgment against the debtor by personally executing such release on the judgment records of the Clerk, or by causing such release to be filed with the Clerk.

Page 4 | LR41 - SC - 012: Release of Judgment

A contempt citation must be filed within 30 days after the failure to appear or the failure to answer interrogatories.

Said contempt citation must be filed within thirty (30) days of the failure to appear, or within thirty (30) days of the failure to answer interrogatories.

Page 5 | LR41 - SC - 015(A): Contempt

A judgment creditor may file no more than four proceedings supplemental per year against an individual judgment debtor in a given cause.

no judgment creditor may file more than four (4) proceedings supplemental per year against any individual judgment debtor in a given cause.

Page 5 | LR41 - SC - 013(B): One Year Rule

A body-attachment request must be made within 30 days of the hearing at issue.

the request for Body Attachment is made within thirty (30) days of the hearing at issue

Page 5 | LR41 - SC - 015(B)(2): Body Attachment

A COTA may be requested only if its hearing date is within 60 days of issuance.

the hearing date set for the COTA is within sixty (60) days of the date on which the COTA is issued

Page 5 | LR41 - SC - 014(A): General Use

Proceedings supplemental may not remain pending for more than six months from filing unless the Court orders otherwise for good cause, and pending proceedings shall not be dismissed at that point if good cause is shown.

Except by order of the Court for good cause shown, no proceedings supplemental may pend for more than six (6) months from the date of its filing. At the end of said (6) month period, any pending proceedings supplemental shall not be dismissed if good cause is shown.

Page 5 | LR41 - SC - 013(B): One Year Rule

Once sufficient funds are received to satisfy the judgment, interest, and costs, the creditor must immediately prepare and obtain an order releasing the garnishment.

Upon receipt by the judgment creditor or by the Clerk on the judgment creditor's behalf of monies sufficient to fully satisfy the judgment, including any accrued interest and costs, the judgment creditor shall immediately prepare and obtain a court order releasing the applicable garnishment order

Page 6 | LR41 - SC - 016(E): Release

An attorney who withdraws the transcript must return it to the Clerk of Courts on the date the attorney’s brief is filed with the Court on Appeal.

The attorney who withdraws the Transcript shall return it to the Clerk of Courts the date their brief is filed with the Court on Appeal.

Page 12 | LR41 - TR - 041: Transcript

A party who withdraws an original exhibit must return it to the Clerk of Courts on the date the party’s brief is filed with the Court on Appeal.

The party who withdraws any original Exhibit shall return it to the Clerk of Courts on the date their brief is filed with the Court on Appeal.

Page 12 | LR41 - TR - 042: Exhibits

A party may object for cause to the Family Court designation within ten days after notice of selection is sent.

Within ten (10) days after notice is sent that a case has been selected for Family Court, a party may object for cause to the Family Court designation.

Page 14 | LR41 - FL - 053: Designation of Family Court Case and Change of Judge for Cause

For a preliminary hearing, the financial declaration is due no later than the day of the hearing.

If the matter is set for a preliminary hearing, the financial declaration must be filed no later than the day of the hearing.

Page 18 | LR41 - FL - 070: Financial Declarations

In child-support matters, the required worksheets, income documentation, draft Income Withholding Order, and ISETS form must be filed on or before the hearing date.

In all matters regarding child support issues, the Parties shall, on or before the date of the hearing:

Page 18 | LR41 - FL - 071: Child Support Worksheets

The updated financial declaration and accompanying wage records are due at least five days before the specified hearing.

In any contested final hearing or any modification hearing involving child custody, support, or division of assets or debts, the Parties will file an updated financial declaration accompanied with wage records at least five (5) days prior to the hearing.

Page 18 | LR41 - FL - 070: Financial Declarations

The hearing-length notice must be updated two days before trial.

update that notice two (2) days prior to trial

Page 19 | LR41 - FL - 074: Hearings

If a Supervised Estate remains open beyond twelve months, an intermediate account report must be filed within thirty days after that year ends and after each succeeding year.

Whenever a Supervised Estate cannot be closed within twelve (12) months, an intermediate report of account shall be filed with the Court within thirty (30) days after the expiration of the year and any succeeding year thereafter.

Page 21 | Probate Rules

A Personal Representative or Guardian who changes address must notify the Court in writing within thirty days.

A Personal Representative or Guardian who changes address shall advise the Court in writing of the new address within thirty (30) days of the change.

Page 22 | LR41 - PR - 083: Address Changes of Fiduciary

The certification must be filed within ten days of the order authorizing a restricted account.

A certification, by an officer of the financial institution at which the account has been created, which states that the account is restricted as required by the Court and that the financial institution will honor the restriction, shall be filed with the court within ten (10) days of the Order authorizing a restricted account.

Page 23

The verified certification must be filed within two months after Court appointment.

In Unsupervised Estates, the Personal Representative shall file a verified written certification with the Court within two (2) months of Court appointment that the Inventory required under the Indiana Code has been prepared and is available to a distributee who requests a copy.

Page 25 | LR41 - PR - 092: Inventory

Executed Instructions must be filed before the Court appoints the Fiduciary and issues letters.

The Instructions to the Personal Representative or Guardian, executed by the Fiduciary, must be filed with the Court prior to Court appointment and the issuance of letters.

Page 25 | LR41 - PR - 091: Instructions to Personal Representatives and Guardians

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

Within ten (10) days of an Order authorizing the creation of the account or investment, a certificate by an officer of the institution at which the account or investment has been created shall be filed with the Court which affirms that the account or investment is restricted as required by Court order and is in compliance with this rule.

Page 26 | LR41 - PR - 094: Minors Settlements

The appraisal or market analysis must be made within one year of the Petition for Sale.

The appraisal or market analysis shall be made within one (1) year of the date of the Petition for Sale.

Page 27 | LR41 - PR - 096: Sale or Transfer of Real Property

If an Estate remains open for more than one year, the Personal Representative must file a status report on any wrongful death claims.

If an Estate remains open in excess of one (1) year, the Personal Representative shall file a status report as to any wrongful death claims.

Page 28 | LR41 - PR - 101: Wrongful Death Estates

A supplemental report required by law, rule, or court order must be filed within 90 days after entry of the Order Approving Account.

A supplemental report filed pursuant to the Indiana Code, the Indiana Trial Rules, or Court Order shall be filed within ninety (90) days after entry of the Order Approving Account.

Page 28 | LR41 - PR - 098: Supplemental Report

The written basis for valuation must be made within one year of the Petition for Sale.

Written basis for valuation shall be made within one (1) year of the date of the Petition for Sale.

Page 28 | LR41 - PR - 097: Sale of Personal Property

The petition for approval of distribution must be filed when a judgment has been paid or a settlement-approval petition is filed.

When a judgment has been paid or a petition for approval of settlement is filed in any Estate, a petition for approval of distribution shall be filed indicating the proposed distribution in accordance with the Indiana Code.

Page 29 | Probate Rules

The annual report is due on the anniversary date of the Personal Representative’s appointment and must continue until the Estate is closed.

A report shall be filed annually thereafter, on the anniversary date of the Personal Representative’s appointment, until the Estate is closed.

Page 29 | Probate Rules

A party whose pleading is impounded must amend it by the date set by the Court.

B. Time for Amendment. If a pleading is impounded, the Court will order the filing party to amend the pleading to conform with Trial Rule 5(G) by a date certain.

Page 31 | Rules for Filing of Pleadings

If the impounded pleading is amended, the deadline for a responsive pleading is extended for an equal period.

C. Time for Responsive Pleadings Extended. Subject to the filing of an amendment of the impounded pleading, the time of filing for any pleading responsive to the nonconforming pleading shall be extended for an equal period.

Page 31 | Rules for Filing of Pleadings

A party assigned to prepare an order must submit it within 10 days of the assignment unless the Court sets a different period.

If the Court assigns the preparation of an Order to a party, the party shall prepare and submit the proposed Order to the Court within ten (10) days of the date on which the Court assigns preparation of the Order, unless the Court establishes a different period of time.

Page 33 | LR41-TR-114(I)

A praecipe for hearing shall be included in a separate rhetorical paragraph within the motion or shall be filed in a separate written motion no later than five (5) days after the response.

A praecipe for hearing shall be included in a separate rhetorical paragraph within the motion or shall be filed in a separate written motion no later than five (5) days after the response.

Page 33 | LR41-TR-114(F)

Unless the Court sets another period, each party must submit proposed orders within 10 days after the close of evidence in a contested hearing or trial.

Unless the Court establishes a different period of time, each party in a contested hearing shall submit proposed Orders to the Court for consideration within ten (10) days of the close of evidence in any contested hearing or trial.

Page 33 | LR41-TR-114(H)(1)

Unless the Court orders otherwise, responses and supporting memoranda to Trial Rule 12 and 56 motions are due within 30 days after the motion is filed.

Unless otherwise ordered, responses and supporting memoranda to motions filed under Trial Rule 12 and Trial Rule 56 shall be filed thirty (30) days following the date the motion was filed.

Page 33 | LR41-TR-114(C)(2)

Responses shall be filed within ten (10) days following the date the motion was filed.

Responses shall be filed within ten (10) days following the date the motion was filed.

Page 33 | LR41-TR-114(C)(1)

The petition to file a reply and the tendered proposed reply are due within 7 days of the response.

Replies are only permitted pursuant to advance Court approval. Petition to file the reply, accompanied by the tendered proposed reply, must be filed within seven (7) days of the response.

Page 33 | LR41-TR-114(D)

A continuance motion based on counsel's conflicting trial in another court must be filed within 21 days after the case is set for trial or hearing in this Court.

When counsel for a party requests a continuance because he or she has a conflicting trial scheduled in another court, the motion for a continuance must be filed within twenty-one (21) days after the case in this Court is set for trial or hearing.

Page 35 | LR41-TR-121(A): Scheduling Conflicts

The new complaint must be filed within 20 days after the case is docketed and filed in the Johnson Circuit or Superior Court, unless the Court orders otherwise.

The new Complaint shall be filed within twenty (20) days of the date the case is docketed and filed in the Johnson Circuit Court or Johnson Superior Courts or as otherwise ordered by the Court.

Page 36 | LR41-TR-126(A)(1): Issues

A body attachment expires 180 days after it is issued.

Body Attachments expire one hundred and eighty (180) days after issuance.

Page 6 | LR41 - SC - 015(C): Expiration And Recall of Body Attachment

Service and Proof of Service Rules

The Court sends notices to the parties’ most recent email addresses on file, and parties must keep their email addresses current in all their files.

Notices from the Court will be sent to the parties at the most recent email addresses contained in the Court's file. The parties are therefore solely responsible to maintain their current email addresses in all files concerning them.

Page 2 | Small Claims Rules — LR41 - SC - 002: General Practice

Tenant notice must be ten days unless the landlord files the pleadings and bond specified by statute or has an agreement with the tenant.

B. Notice to tenant. Unless the landlord shall file the pleadings and bond set forth in I.C. 32-30-3-6, or has an agreement with the tenant, notice to a tenant shall be ten (10) days as required by I.C. 32-31-1-6.

Page 4 | LR41 - SC - 011: Judgments for Possession of Real Estates or Personal Property

A body attachment requires that the person previously ordered to appear was served in accordance with Indiana Trial Rules 4 and 5 and failed to appear.

the judgment debtor or garnishee-defendant previously ordered to appear for scheduled hearing was served in accordance with Indiana Trial Rules 4 and 5 and failed to appear for the hearing at issue

Page 5 | LR41 - SC - 015(B)(1): Body Attachment

The creditor must forward a copy of the garnishment-release order to the garnishee-defendant(s).

shall forward a copy to the garnishee-defendant(s).

Page 6 | LR41 - SC - 016(E): Release

Proceedings supplemental must be served on the garnishee-defendant by certified mail or refusal, sheriff’s service, or a private process server, and the stated interrogatory or employment-verification condition must also be met.

service on the garnishee-defendant of the proceedings supplemental by: a. certified mail, or refusal thereof; b. Sheriff’s service; c. private process server; and d. return of answered interrogatories, other verification of employment by the garnishee-defendant, or failure to answer interrogatories after notice.

Page 6 | LR41 - SC - 016(B)(2): Requirements for Garnishment Order

Post-dissolution pleadings must be served on a party no longer represented by counsel under the Indiana Rules of Trial Procedure.

The service of any post dissolution pleadings upon any Party not represented by counsel pursuant to paragraph A above, shall be made upon that person pursuant to the Indiana Rules of Trial Procedure.

Page 19 | LR41 - FL - 077: Termination of Representative Capacity

Inheritance-tax pleadings and related orders must be served on the County Assessor.

All pleadings pertaining to the assessment or determination of the Indiana Inheritance Tax, including a Petition for Determination of No Tax Due, and any orders thereon shall be served upon the County Assessor.

Page 25 | LR41 - PR - 090: Inheritance Tax

Notice of hearing must be provided to a non-custodial parent unless written consent is provided to the Court.

Unless written consent is provided to the Court, notice of hearing shall be provided to a non-custodial parent.

Page 26 | LR41 - PR - 094: Minors Settlements

The notifying party must adequately document perfected notice before seeking court action.

It is the notifying party’s responsibility to adequately document perfection of notice prior to seeking Court action on any matter.

Page 27 | Forms and Copies of Notice

When notice by publication or U.S. Mail is required, the responsible party must prepare it and submit it to the Clerk for service.

Whenever notice by publication and / or written notice by U.S. Mail is required to be given, the party responsible for providing notice shall prepare such notice and submit it to the Clerk for service.

Page 27 | Forms and Copies of Notice

The Clerk must issue notice as provided by the Indiana Code or Indiana Trial Rules.

Notice shall issue by the Clerk as provided by Indiana Code or Indiana Trial Rules.

Page 27 | Forms and Copies of Notice

All notices issued by U.S. Mail must be accompanied by a Clerk’s Certificate of Mailing for the Clerk to execute.

The notifying party shall provide a Clerk’s Certificate of Mailing, to be executed by the Clerk, with all notices issued by United States Mail.

Page 27 | Forms and Copies of Notice

The notifying party must provide enough copies of the notice to serve everyone who must be notified.

The notifying party shall provide the number of copies of the notice to be served sufficient to serve all persons to be so notified.

Page 27 | Forms and Copies of Notice

When a hearing requires statutory notice, a copy of the relevant petition or motion must be served with the hearing notice.

If a hearing is scheduled on a particular matter, for which notice is statutorily required, a copy of the relevant petition or motion shall be served with the notice of hearing.

Page 27 | Notice of Hearings

For a hearing on an Estate or Guardianship account, a copy of the account must be served with the hearing notice.

In a hearing on an account in an Estate or Guardianship, a copy of the account must be served with the notice of hearing.

Page 27 | Notice of Hearings

All additional pleadings and hearing notices must be served on every trust beneficiary, regardless of the nature of the beneficiary’s interest.

All additional pleadings and any notice of hearing shall be served upon all beneficiaries of the trust, whether the nature of the interest is present, future, vested, or contingent.

Page 28 | LR41 - PR - 099: Trusts

If the Court’s jurisdiction is invoked in an Unsupervised Estate for a matter outside the listed standard functions, the Estate becomes supervised for all purposes, and the Fiduciary and attorney must notify all heirs, legatees, devisees, and other interested persons.

In an Unsupervised Estate, if the jurisdiction of the Court is invoked for any matter other than the judicial functions which are standard for unsupervised administration (i.e., opening the Estate, determining any inheritance tax due, and accepting the Closing Statement), the administration shall become a Supervised administration for all purposes. In that event, the Fiduciary and attorney shall give notice of such administration to all heirs, legatees, devisees, and other interested persons.

Page 28 | LR41 - PR - 100: Unsupervised Administration

A Petition to Docket Trust must be served on the Trustee.

Any Petition to Docket Trust shall be served upon the Trustee.

Page 28 | LR41 - PR - 099: Trusts

Delivery of a pleading or notice to an attorney’s Courthouse mailbox constitutes service under Indiana Trial Rule 5(B)(1)(d).

Delivery of a pleading or notice to an attorney’s Courthouse mailbox constitutes service pursuant to the provisions of Indiana Trial Rule 5(B)(1)(d).

Page 30 | Rules for Filing of Pleadings — LR41 - TR - 102

An attorney must give the client ten days’ written notice of the intent to withdraw, unless another attorney has appeared for the party or the attorney states in the motion that the client terminated the attorney.

C. Client Notification. An attorney must give the attorney’s client ten (10) days written notice of the attorney’s intention to withdraw unless: 1. another attorney has filed an appearance for the same party; or 2. the withdrawing attorney indicates in the motion that he or she has been terminated by the client. Failure to conform to this rule may result in the denial of the motion to withdraw as counsel.

Page 32 | LR41-TR-112: Leave to Withdraw Appearance

A party requesting trial assignment must give notice to all other parties.

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

Page 35 | LR41-TR-119: Assigning Cases for Trial

The required notice must be submitted to the opposing party at the time the summary judgment motion is filed.

In all Civil Collection (CC) cases, the moving party shall submit a Notice to the opposing party at the time of filing of a Motion for Summary Judgment against a self-represented party.

Page 35 | LR41-TR-122: Notice at Time of Filing Motion for Summary Judgment in Civil Collection Cases

The summons and repled complaint must be served on the opposing party as required by law.

The Summons and repled Complaint shall be served on the opposing party as required by law.

Page 36 | LR41-TR-126(A)(3): Issues

Self-represented litigants must notify all other parties of every court hearing.

Self-represented Litigants must provide notice about all court hearings to all other parties.

Page 37

Self-represented litigants must provide all other parties with copies of every paper or document filed in the case.

Self-represented Litigants must provide copies of all papers or documents filed in the case to all other parties.

Page 37

A filer must provide every letter filed with the Court to all other parties in the case.

You must provide a copy of any letter you file to the Court to all the other parties in the case.

Page 37 | Correspondence to the Court

A copy of any motion, objection, or petition pursuing an interest in tax-sale land or surplus proceeds must be provided to the Johnson County Attorney.

A copy of any motion, objection, or petition filed to pursue interests in land arising from a tax sale or the surplus proceeds arising from a tax sale shall be provided to the Johnson County Attorney.

Page 39 | Tax Sale Rules — LR41 - AR - 133. Provision of Documents to County Attorney

A party intending to offer biologically contaminated evidence must serve the pretrial notice on all parties before trial.

A party who intends to offer biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

Page 39 | Rules for Court Reporters

Any document filed pursuant to Indiana Trial Rule 5(F)(3) within five (5) days of a scheduled hearing which is relevant to, pertains to, or involves the subject matter of the hearing should also be provided to the Court through electronic mail, as set forth above in LR41-TR5-114(J).

Any document filed pursuant to Indiana Trial Rule 5(F)(3) within five (5) days of a scheduled hearing which is relevant to, pertains to, or involves the subject matter of the hearing should also be provided to the Court through electronic mail, as set forth above in LR41-TR5-114(J).

Page 34 | LR41-TR-115(E)

Filing Fees and Waivers

Documents tendered for filing must be accompanied by proper costs as determined by the Clerk.

Parties or their attorneys are solely responsible to tender to the Court any documents desired to be filed in complete and correct form, together with proper costs, as determined by the Clerk. Neither the Court nor the Clerk will be responsible for delays or deadlines missed due to the tender of incomplete or incorrect documents, or improper costs.

Page 2 | Small Claims Rules — LR41 - SC - 002: General Practice

A party requesting sheriff service must submit the required fees; for service by another county’s sheriff, the party must also submit an addressed envelope.

If service is requested by the Johnson County Sheriff, the party shall submit the fee(s) required. If service is required by a Sheriff from another County, the party shall submit an envelope addressed to the sheriff along with all such fees required for service by the sheriff.

Page 33

If court costs, fines, or civil penalties are unpaid by the ordered date, an additional late fee of $25 or the maximum allowed by Indiana law must be imposed.

If all court costs, fines, or civil penalties are not paid by the date ordered, an additional late fee of $25.00, or the maximum allowed by Indiana Law shall be imposed.

Page 40 | Late Payment Fee — LR41 - AR - 136. Late Fee

Court-ordered fines, fees, costs, and civil penalties must be paid on time as directed by the Court.

All fine, fees, costs, and civil penalties ordered shall be paid on a timely basis, as directed by the Court.

Page 40 | Late Payment Fee — LR41 - AR - 136. Late Fee

Participants owe an administration fee of $100 for felons or $50 for misdemeanants upon entering the program and signing the participant agreement.

1. One Hundred Dollars ($100.00) felon/Fifty Dollars ($50.00) misdemeanant administration fee, due at the time of entrance into the program (at the signing of the participant agreement); and

Page 41 | LR41 - CR - 138. Problem-Solving Court Specialized Fees

Participants owe a monthly user fee of no more than $50 beginning in their second month and continuing for each month of participation.

2. A monthly user fee not to exceed Fifty Dollars ($50), commencing in the second month of participation and for each month thereafter for the duration of participation in the problem-solving court.

Page 41 | LR41 - CR - 138. Problem-Solving Court Specialized Fees

Participants must pay all user fees in full before successful program discharge unless the case plan or Court specifies otherwise.

Participants must pay all user fees in full prior to successful discharge from the program unless otherwise specified in the case plan or by the Court.

Page 41 | LR41 - CR - 138. Problem-Solving Court Specialized Fees

A defendant meeting the statutory criteria must pay a $25 late fee unless the Court suspends it for indigency or good cause.

Each defendant who meets the criteria specified in IC 33-37-5-22 shall pay a late fee of $25.00, unless the Court suspends the late fee due to indigency or good cause.

Page 1 | LATE FEE

Each participant ordered into the Greenwood Alcohol and Drug Services Program must pay a $400 fee.

Pursuant to IC 12-23-14-16 each participant ordered into the Greenwood Alcohol and Drug Services Program shall pay a fee of $400.

Page 1 | ALCOHOL AND DRUG SERVICES PROGRAM

Before Transcript preparation begins, the requesting party must make satisfactory payment arrangements and provide a deposit of at least half the estimated total cost.

Pursuant to Indiana Rule of Appellate Procedure 9(H), the party requesting a Transcript shall make satisfactory payment arrangements with the Court Reporter prior to the commencement of the Transcript preparation. 2. A deposit of at least one half (1/2) of the estimated cost of the completed Transcript will be required by the Court Reporter before beginning any Transcript.

Page 10 | LR41 - AR - 031: Compensation

The default fee for preparing a Certified Transcript is $8.00 per page, subject to the stated exceptions.

Unless otherwise noted in this rule, or otherwise provided by specific, written order of the Judge, the per page fee for the preparation of a Certified Transcript is $8.00.

Page 10 | LR41 - AR - 031: Compensation

For an emergency, insufficient-notice, or short-notice Transcript, the Judge may allow a fee above $8.00 but no more than $9.25 per page.

At the Judge's discretion, a per page fee exceeding $8.00, but not more than $9.25, may be charged for the preparation of a Transcript in cases of Emergency, Insufficient Notice, or Short Notice.

Page 10 | LR41 - AR - 031: Compensation

The Court Reporter must charge for required supplies used to prepare and electronically transmit a Transcript, but the Court may provide necessary supplies for County Indigent Transcripts at the Judge's direction.

The Court Reporter shall charge for office supplies required and utilized for the preparation and electronic transmission of the Transcript, pursuant to Indiana Rules of Appellate Procedure 28 and 29. a. At the direction of the Judge, the necessary supplies for County Indigent Transcripts may be provided by the Court.

Page 10 | LR41 - AR - 031: Compensation

Preparation of the Transcript, Additional Documents, and Exhibits as required by Indiana Rules of Appellate Procedure 28(A) and 29 shall be compensated at the Court Reporter's hourly rate of the annual court reporter salary, as determined by the Johnson County Council annual salary ordinance. Such work shall be accounted for and billed in fifteen (15) minute increments.

Preparation of the Transcript, Additional Documents, and Exhibits as required by Indiana Rules of Appellate Procedure 28(A) and 29 shall be compensated at the Court Reporter's hourly rate of the annual court reporter salary, as determined by the Johnson County Council annual salary ordinance. Such work shall be accounted for and billed in fifteen (15) minute increments.

Page 10 | LR41 - AR - 031: Compensation

Preparation of the Additional Documents required by Indiana Rules of Appellate Procedure 28(A) and 29 is compensated at $8.00 per page.

Preparation of the Additional Documents required by Indiana Rules of Appellate Procedure 28(A) and 29 shall be compensated at the standard per page fee of $8.00.

Page 10 | LR41 - AR - 031: Compensation

A Court Reporter may charge $1.00 per page for an uncertified copy of a previously prepared Transcript.

The per page fee a Court Reporter may charge for an uncertified copy of a previously prepared Transcript shall be $1.00.

Page 10 | LR41 - AR - 031: Compensation

All program participants must pay a $300 fee.

A fee of $300.00 is ordered to be paid by all participants.

Page 32 | Alcohol and Drug Services Program Rules

Each person referred to the program by a court must pay a fee for its services.

For the continued operation of said program, and pursuant to Title 12 of the Indiana Code, it is mandatory that each person referred to the program from the courts of Johnson County and any other county pay a fee for said services.

Page 32 | Alcohol and Drug Services Program Rules

Copy costs must be paid in advance or when the copied papers are received.

All copy costs shall be paid in advance or at the time of receipt of the copied papers.

Page 36 | LR41-TR-124(C): Payment in Advance

Copies of non-confidential pleadings or orders are provided at the requester's expense under the Clerk's fee schedule.

On the request of any person, the Clerk of the Court shall make copies of any non-confidential pleading or order at the expense of the person making the request, pursuant to the Clerk’s fee schedule.

Page 36 | LR41-TR-124(A): Pleadings and Orders

Absent a specific court order, payments in criminal cases with an Agreement to Withhold Prosecution must be applied first to the Pre-Trial Diversion fee, then to the Alcohol and Drug Service fee.

In the absence of specific court order, the fees and costs ordered in Criminal Cases when an Agreement to Withhold Prosecution has been filed shall be collected and / or the payments applied in the following order of priority. a. Pre-Trial Diversion fee (I.C. 33-37-4-1 and 33-37-5-17) b. Alcohol and Drug Service fee (33-37-5-8)

Page 37 | LR41-CR-129.A.1

If specified or other court-ordered fees are unpaid, the Court may enter judgment against the individual and take appropriate steps to collect it.

In the event that these specific fees, or any other court ordered fees, are not paid, the Court may enter judgment against the individual and may seek appropriate steps to collect the judgment owed.

Page 37 | LR41-CR-129.A.3

Absent a specific court order, payments in criminal cases following conviction must be applied in the listed priority order, beginning with the Probation Administrative fee.

In the absence of specific court order, the fees and costs ordered in Criminal Cases following conviction shall be collected and / or the payments applied in the following order of priority. a. Probation Administrative fee b. Probation User fee c. Alcohol and Drug Service fee (I.C. 33-37-5-8) d. Supplemental Public Defender Fee or Public Defender Reimbursement (I.C. 35-33-7-6) e. Court Costs (I.C. 33-37-4-1) f. Restitution (I.C. 35-50-5-3) g. Safe School fee (I.C. 33-37-5-18) h. Child Abuse Prevention fee (I.C. 33-37-5-12) I. Drug Interdiction fee (I.C. 33-37-5-9) j. Alcohol Countermeasures fee (I.C. 33-37-5-10) k. Domestic Violence fee (I.C. 33-37-5-13)

Page 37 | LR41-CR-129.A.2

If specified or other court-ordered fees are unpaid, the Court may enter judgment against the individual or the juvenile’s parent or guardian and take appropriate steps to collect it.

In the event that these specific fees, or any other court ordered fees, are not paid, the Court may enter judgment against the individual, or the parent or guardian of a juvenile, and may seek appropriate steps to collect the judgment owed.

Page 38 | LR41-CR-129.B.2

Absent a specific court order, payments in juvenile cases following adjudication must be applied in the listed priority order, beginning with the Supplemental Public Defender Fee.

In the absence of specific court order, the fees and costs ordered in Juvenile Cases following adjudication shall be collected and / or the payments applied in the following order of priority. a. Supplemental Public Defender Fee b. Probation Administrative Fee c. Probation User Fee d. Community Corrections Programming Fees e. Alcohol and Drug Service Fee f. Restitution g. Public Defenders Fee h. Juvenile Detention Fees / Costs I. Court Costs

Page 38 | LR41-CR-129.B.1

The Court may suspend a late payment fee if the defendant demonstrates good cause for failing to pay in full on time.

A Court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment in full.

Page 40 | Late Payment Fee — LR41 - AR - 136. Late Fee

Sealing & Redaction Procedures

A pleading that does not comply with Trial Rule 5(G) and the Access to Court Records Rules is deemed filed but may be impounded by the Court.

Any pleading filed by a party which does not comply with Trial Rule 5(G) and Access to Court Records Rules will be deemed filed with the Court but is subject to being impounded by the Court.

Page 30 | Rules for Filing of Pleadings — LR41 - TR - 104

Filing Bundling Requirements

Motions under Trial Rules 12 and 56 must be filed with a supporting brief or memorandum.

A supporting brief or memorandum shall be filed with all motions filed under Trial Rules 12 and Trial Rule 56.

Page 33 | LR41-TR-114(B)(2)

A party filing a supporting brief or memorandum must file it with the motion.

If a party desires to file a brief or memorandum in support of a motion, such brief or memorandum must be filed with the motion.

Page 33 | LR41-TR-114(B)(1)

Adjournment & Extension Requirements

A defendant may not receive a continuance in an action involving possession of real estate or personal property.

B. Possession of Real Estate or Personal Property. No continuance will be granted to a Defendant where the action involves the issue of possession of real estate or personal property.

Page 3 | LR41 - SC - 006. Continuances

A party may receive one continuance upon a showing of good cause; it ordinarily cannot be granted within 72 hours of trial without court approval, the motion must be made in person or by an attorney with a written appearance, and the opposing party must be notified timely and their objection status stated.

A. General Rule. Except as provided in LR41 - SC - 006(B) and (D) below each party to an action may be granted one (1) continuance with a showing of good cause. A continuance under this subsection shall not be granted within seventy-two (72) hours of the trial, unless approved by the Court. All motions for continuance must be made in person or by the party's attorney who has filed a written appearance on behalf of said party. The party or attorney obtaining the continuance shall notify any opposing party in a timely fashion and the motion must state whether or not the opposing party has an objection.

Page 3 | LR41 - SC - 006. Continuances

A continuance of a proceedings supplemental hearing is unavailable unless the parties agree or good cause is shown and the Court approves it.

D. Proceedings Supplemental. No motion for continuance of a proceedings supplemental hearing will be granted, except by agreement of the parties, or on good cause shown and upon approval of the Court.

Page 3 | LR41 - SC - 006. Continuances

Continuance motions must be timely and state the opposing party’s notification and known position; motions filed on or near the hearing date must explain the extenuating circumstances for the late filing and are considered case by case.

All motions for continuance must be filed in a timely manner. The motion must state the opposing Party has been notified (or a good faith attempt at notification has been made) and must state whether the opposing Party objects, if known. A motion for continuance filed on or near the hearing date must allege extenuating circumstances as to why the continuance is not filed timely and will be considered on a case- by-case basis.

Page 19 | LR41 - FL - 075: Continuances

Except in an emergency or as controlled by a pretrial conference order, a continuance motion for a court trial or hearing must be filed at least 7 days beforehand.

B. Time. With the exception of an emergency, a motion for a continuance must be filed: 1. at least seven (7) days before the court trial or hearing to which the motion pertains, or 2. at least ten (10) days before the jury trial to which the motion pertains; or 3. as controlled by a pretrial conference order.

Page 35 | LR41-TR-121(B): Time

A continuance motion must state the scheduled hearing or trial date and time, the reason, an estimate of time needed, notice details, the opposing party's position, and proposed available dates and times.

C. Information in Motion. Motions for a continuance shall contain the following information: 1. The date and time of the hearing or trial for which a continuance is being sought; 2. The reason for the continuance; 3. A good-faith estimate of the time needed for such hearing or trial when rescheduled; 4. The date and time the opposing counsel or opposing party was notified that the party would be seeking a continuance; 5. Whether opposing counsel or opposing party agrees with or objects to the request; and 6. Proposed date(s)s and time(s) on which the parties would be available for the rescheduled hearing or trial

Page 35 | LR41-TR-121(C): Information in Motion

In Civil Plenary and Civil Torts cases, the moving party must first contact the responsible assistant court reporter to determine the Court's availability, then determine the opposing parties' availability.

D. Resetting Hearings and Trials -- Civil Plenary (PL) and Civil Torts (CT) Cases. In Civil Plenary and Civil Torts (CT / PL) cases, for the purpose of determining a date on which a rescheduled hearing or trial may be reset, the moving party shall contact the assistant court reporter who is responsible for the specific case type and shall determine dates and times on which the Court is available to hear the matter. The party shall then determine the availability of the opposing party or parties.

Page 35 | LR41-TR-121(D): Resetting Hearings and Trials

An action may be continued by agreement of the parties, subject to court approval.

C. Agreed Continuances. Any action may be continued by agreement of the parties and approval of the Court.

Page 3 | LR41 - SC - 006. Continuances

The parties may agree to reset a proceedings-supplemental hearing without a COTA, but sanctions under LR41-SC-015 are unavailable if a party fails to appear at the reset hearing.

In any proceedings supplemental, the parties may agree to reset a hearing without use of a COTA. If after such agreement either party fails to appear at the reset hearing, no sanctions shall be available under LR41 - SC - 015 for such failure to appear.

Page 5 | LR41 - SC - 014(E): Agreements To Appear Without COTA

Chambers Communication Rules

The Guardian and financial institution must promptly notify the Court if principal or interest is withdrawn without Court authorization.

The Guardian and the financial institution shall both promptly notify the Court in the event that any principal or interest is withdrawn from the account without Court authorization.

Page 26 | LR41 - PR - 094: Minors Settlements

Counsel must notify the appropriate Court immediately when a case settles.

Counsel for the parties shall be responsible for notifying the appropriate Court immediately upon settlement of a case so that the docket can be cleared and a new case set therein.

Page 35 | LR41-TR-120: Settlement and Removing the Case from the Docket

The Court may not discuss a case with a litigant unless the other party is present.

The Court cannot talk to any litigants about the case without the other party being present.

Page 36 | LR41-TR-TR-127(B)(2): Standards to Which You Will Be Held

A party may contact the Court to obtain its preferred email address for providing digital copies.

For the purposes of providing digital copies to the Court, a party may contact the Court for the preferred electronic mail address.

Page 34 | LR41-TR-114(J)(3)

Common questions about Johnson County Courts, Indiana rules

What page or word limits apply to brief in Johnson County Courts, Indiana?

Johnson County Courts, Indiana's rule states these limits: 15 pages; 15 pages; 8 pages; 8 pages. For Trial Rule 12 and 56 motions, supporting and opposition memoranda are limited to 15 pages and reply and surreply briefs to 8 pages, unless accompanied by a motion for leave to exceed the limits.

View ruleSource: page 33, section LR41-TR-114(B)(3)

What formatting rules apply to filings in Johnson County Courts, Indiana?

Johnson County Courts, Indiana's formatting rule includes for pro se litigants, originals or photocopies of the court forms described in lr41 - sc00 - 003(a) are acceptable for filing. and any other form or photocopy may be accepted only after prior court approval; when approved, identical blank forms must be provided immediately to the clerk and court for future reference and comparison..

View ruleSource: page 2, section Small Claims Rules — LR41 - SC - 003: Forms

What must be included with draft income withholding order and isets form filings in Johnson County Courts, Indiana?

In child-support matters, parties must file a draft Income Withholding Order and an ISETS form.

View ruleSource: page 18, section LR41 - FL - 071: Child Support Worksheets

What must be included with motion filings in Johnson County Courts, Indiana?

The rule requires proposed order. A moving party must provide proposed orders for rulings, subject to the stated exceptions.

View ruleSource: page 24, section LR41 - PR - 088: Filing of Pleadings.

How may parties contact Johnson County Courts, Indiana?

The Guardian and financial institution must promptly notify the Court if principal or interest is withdrawn without Court authorization.

View ruleSource: page 26, section LR41 - PR - 094: Minors Settlements

How does Johnson County Courts, Indiana handle sealed or redacted filings?

A pleading that does not comply with Trial Rule 5(G) and the Access to Court Records Rules is deemed filed but may be impounded by the Court.

View ruleSource: page 30, section Rules for Filing of Pleadings — LR41 - TR - 104

How do I request an adjournment or extension in Johnson County Courts, Indiana?

The request must include adversary position. A party may receive one continuance upon a showing of good cause; it ordinarily cannot be granted within 72 hours of trial without court approval, the motion must be made in person or by an attorney with a written appearance, and the opposing party must be notified timely and their objection status stated.

View ruleSource: page 3, section LR41 - SC - 006. Continuances

Does Johnson County Courts, Indiana require motion papers to be bundled?

A party filing a supporting brief or memorandum must file it with the motion.

View ruleSource: page 33, section LR41-TR-114(B)(1)

Are filing fees or waivers addressed in Johnson County Courts, Indiana?

A fee is required for covered filings. Documents tendered for filing must be accompanied by proper costs as determined by the Clerk.

View ruleSource: page 2, section Small Claims Rules — LR41 - SC - 002: General Practice

Is electronic filing required in Johnson County Courts, Indiana?

Pleadings, motions, and other papers may not be filed by fax.

View ruleSource: page 34, section LR41-TR-115(C)

What filing deadlines does Johnson County Courts, Indiana set?

Once the judgment is fully paid and satisfied and the money has been received or is available in the Clerk's office, the judgment creditor must immediately release it by executing a release in the Clerk's judgment records or filing the release with the Clerk.

View ruleSource: page 4, section LR41 - SC - 012: Release of Judgment

What rule applies to service by email in Johnson County Courts, Indiana?

Details: method: service by email. The Court sends notices to the parties’ most recent email addresses on file, and parties must keep their email addresses current in all their files.

View ruleSource: page 2, section Small Claims Rules — LR41 - SC - 002: General Practice
Complete rules summary for Johnson County Courts, Indiana

In child-support matters, parties must file a draft Income Withholding Order and an ISETS form.

A moving party must provide proposed orders for rulings, subject to the stated exceptions.

The parties may agree to reset a proceedings-supplemental hearing without a COTA, but sanctions under LR41-SC-015 are unavailable if a party fails to appear at the reset hearing.

Parties or their attorneys must tender filing documents in complete and correct form, and bear responsibility for delays or missed deadlines caused by incomplete documents or improper costs.

Documents tendered for filing must be accompanied by proper costs as determined by the Clerk.

The Court sends notices to the parties’ most recent email addresses on file, and parties must keep their email addresses current in all their files.

Pro se litigants may file originals or photocopies of court forms; other forms require prior Court approval, and identical blank forms must then be provided immediately to the Clerk and Court.

If the Plaintiff requests the first hearing be set for a contested hearing, said request should be noted on the notice of claim.

At the first scheduled contested hearing, each party is expected to bring three copies of any exhibits it intends to use.

A party may receive one continuance upon a showing of good cause; it ordinarily cannot be granted within 72 hours of trial without court approval, the motion must be made in person or by an attorney with a written appearance, and the opposing party must be notified timely and their objection status stated.

A defendant may not receive a continuance in an action involving possession of real estate or personal property.

An action may be continued by agreement of the parties, subject to court approval.

A continuance of a proceedings supplemental hearing is unavailable unless the parties agree or good cause is shown and the Court approves it.

A claim may be dismissed by filing a stipulation of dismissal signed by all parties to the claim.

If the plaintiff is unavailable to testify, the plaintiff or the plaintiff's attorney must sign and file a completed Affidavit for Judgment by Default form.

Proof of attorney fees must be sworn testimony from, or an affidavit by, the attorney whose services are being proved.

Tenant notice must be ten days unless the landlord files the pleadings and bond specified by statute or has an agreement with the tenant.

Once the judgment is fully paid and satisfied and the money has been received or is available in the Clerk's office, the judgment creditor must immediately release it by executing a release in the Clerk's judgment records or filing the release with the Clerk.

Proceedings supplemental may not remain pending for more than six months from filing unless the Court orders otherwise for good cause, and pending proceedings shall not be dismissed at that point if good cause is shown.

A judgment creditor may file no more than four proceedings supplemental per year against an individual judgment debtor in a given cause.

A COTA may be requested only if its hearing date is within 60 days of issuance.

A contempt citation must be filed within 30 days after the failure to appear or the failure to answer interrogatories.

A body attachment requires that the person previously ordered to appear was served in accordance with Indiana Trial Rules 4 and 5 and failed to appear.

A body-attachment request must be made within 30 days of the hearing at issue.

For each judgment debtor, the creditor must file one body-attachment request containing the information needed for a warrant, including the debtor’s social security number and/or date of birth and/or physical description.

At least three Writs of Attachment must be filed for each judgment debtor.

A body attachment expires 180 days after it is issued.

A garnishment order may not issue unless an active proceedings supplemental is pending as to the debtor or the debtor has waived notice.

Proceedings supplemental must be served on the garnishee-defendant by certified mail or refusal, sheriff’s service, or a private process server, and the stated interrogatory or employment-verification condition must also be met.

Even with a voluntary wage or property assignment agreement, no order may issue unless an active proceedings supplemental is pending against the judgment debtor.

More Judges in Johnson County Courts, Indiana

Brandi Foster Kirkendall
Judge
Douglas Cummins
Judge
Marla Clark
Judge
Peter D. Nugent
Judge