Johnson County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be requested by motion filed with the Court.

A. Motion to Withdraw. All withdrawals of an appearance must be made in the form of a motion filed with the Court.

CRITICAL

Applies to

Verified written certification

In Unsupervised Estates, the Personal Representative must file a verified certification within two months of appointment stating that the Inventory is prepared and available to a requesting distributee.

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.

CRITICAL

Applies to

Reply

A reply requires advance Court approval, and a petition accompanied by the proposed reply must be filed 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.

CRITICAL

Applies to

Receipt

When removing exhibits, the party must present a signed receipt to the Court Reporter and have it filed in the case.

At the time of removal, the party shall present a signed receipt to the Court Reporter, which shall be filed in the case.

CRITICAL

Applies to

Stipulation of dismissal

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

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

CRITICAL

Applies to

Appellate record

Under no circumstances should drugs, currency, or other dangerous or valuable items be included in appellate records.

Under no circumstances should drugs, currency, or other dangerous or valuable items be included in appellate records.

CRITICAL

Applies to

Proposed order

Proposed orders must include a full distribution list with the names and addresses of attorneys, parties, agencies, and third parties who should receive them.

Proposed Orders shall include a full distribution list of attorneys, parties, agencies, and third parties involved in the case, including names and addresses, to whom the orders should be sent.

CRITICAL

Applies to

Garnishment order

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.

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.

CRITICAL

Applies to

Summons

A summons must state the requirements and consequences for responding to a complaint or petition, including that responses are not required in Domestic Relations cases.

A. Form of Summons. In addition to the information required under Trial Rule 4(c), the form of the Summons must include the following information: (1) The Answer or response of the Defending or Responding Party must be in writing, signed by the party, and filed with the Court within the time period allowed for a response. (2) The response must dispute the allegations of the Complaint or Petition by including the Defending or Responding Party’s response(s) or defense(s) to each claim contained within the Plaintiff’s or Moving Party’s Complaint in short and plain terms. (3) If a response is required and does not deny the allegations of the Complaint or Petition, the allegations in the Complaint are deemed admitted, and the moving party will be entitled to the relief requested. (4) Responses are not required in Domestic Relations cases.

CRITICAL

Applies to

List of notice recipients

The List of Notice Recipients must include the names and addresses of everyone entitled to Notice of Administration.

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

CRITICAL

Applies to

Praecipe for final hearing

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

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.

CRITICAL

Applies to

Proposed order

Emails sending proposed orders to the Court’s specific Proposed Order address must put the case name and case number in the subject line.

Electronic mail messages providing proposed orders through the Court’s specific Proposed Order electronic mail address shall include the Case Name and Case Number in the Subject Line.

CRITICAL

Applies to

Filing related email

Emails related to filings made within 5 days of a hearing must put the hearing date and time in the subject line and the case name and number in the message body.

Electronic mail messages related to filings made within five (5) days of a hearing shall include the hearing date and time in the Subject Line and the Case Name and Number in the body of the message.

CRITICAL

Applies to

Petition for approval of distribution

The distribution petition must state the proposed distribution to the appropriate statutory damage distributees, including the listed categories.

Such petition must set out the proposed distribution to the appropriate statutory damage distributees, such as: a. expenses of administration; b. providers of funeral and burial expenses; c. providers of medical expenses in connection with last illness of Decedent; d. surviving spouse; e. dependent children; f. dependent next of kin (if there is no surviving spouse or dependent children).

CRITICAL

Applies to

Original pleading

Unless subsection C applies, each original pleading filed with the Court must be accompanied by a self-addressed, stamped envelope.

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

CRITICAL

Applies to

Supervised estate or guardianship accounting

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

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;

CRITICAL

Applies to

Written basis for valuation

For a supervised Estate or Guardianship sale of personal property, a written valuation basis must be filed with the Petition for Sale unless previously filed with the Inventory, and must include the listed information.

In all Supervised Estates and Guardianships in which personal property is to be sold, a written basis for valuation shall be filed with the Court with the Petition for Sale, unless such document was previously filed with the Inventory. The written basis for valuation shall include the following information: 1. brief description of the property to be sold; 2. the date and basis of valuation; 3. the qualifications of the person providing the valuation or the authoritative nature of the source from which the valuation was obtained, including authoritative sources accessed by electronic media; 4. factors which would affect the value of the subject property.

CRITICAL

Applies to

Proposed wrongful death settlement

All proposed wrongful death settlements require Court approval, regardless of the type of Estate administration.

All proposed wrongful death settlements must be approved by the Court, regardless of the type of estate administration.

CRITICAL

Applies to

Written request for guardianship funds advance

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.

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.

CRITICAL

Applies to

Pretrial notice

A party intending to offer biologically contaminated evidence must file a pretrial notice 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.

CRITICAL

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

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.

CRITICAL

Applies to

Financial declaration

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

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.

CRITICAL

Applies to

Default judgment

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.

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.

CRITICAL

Applies to

Answer or responsive pleading

The opposing party must file an answer or responsive pleading to the repled complaint under the Indiana Rules of Trial Procedure.

The opposing party must file an Answer or responsive pleading to the repled Complaint as provided by the Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Proposed order

Sending proposed-order emails to the staff address does not satisfy the specific-address requirement.

Messages sent to the staff address do not satisfy this requirement.

CRITICAL

Applies to

Document filed regarding a particular parcel

Must include

case number

After receiving the TP case number, parties must include both the TS and TP case numbers in the caption of every document filed regarding the parcel.

Both Tax Sale (TS) and Petition for Tax Deed (TP) case numbers must be included in the caption of all documents filed regarding a particular parcel after the parties are informed of the TP case number.

CRITICAL

Applies to

Petition for appointment

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

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

CRITICAL

Applies to

Proposed order

Proposed orders must be accompanied by self-addressed, stamped envelopes for return and, when necessary, distribution to parties or beneficiaries.

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

CRITICAL

Applies to

Closing statement

The Closing Statement must include proof that all required federal and state taxes were paid, documented by the specified closing letters or countersigned receipt, or photocopies.

Proof of payment of all required federal and state taxes shall be attached to the Closing Statement. Such proof shall be documented by either the Federal Estate Tax Closing Letter and the Indiana Inheritance Tax Closing Letter (or the counter-signed receipt) or photocopies thereof.

CRITICAL

Applies to

Mail filing

Paper filings sent by mail or commercial carrier must include a self-addressed, stamped envelope for return of file-stamped copies; otherwise, the copies will be returned only by Courthouse Mail.

When pleadings, motions, or other papers are filed via mail or third-party commercial carrier, the filing attorney or party must include a self-addressed, stamped envelope for the return of file- stamped documents to the attorney or party. Unless an addressed envelope is provided, file-stamped copies will not returned by any method other than Courthouse Mail.

CRITICAL

Applies to

Motion

Must include

proposed order

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

A moving party shall provide proposed orders for rulings.

CRITICAL

Applies to

Garnishment release order

The judgment creditor must prepare and obtain a court order releasing the applicable garnishment order.

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

CRITICAL

Applies to

Letter

Must include

case number

A letter filed with the Court must identify the parties, the court, and the case number.

Any letter filed with the Court must: contain the parties’ names, the name of the court where the case is filed, and the case number on it.

CRITICAL

Applies to

Transcript

Such exhibits shall be briefly identified in the Transcript where they were admitted into evidence.

Such exhibits shall be briefly identified in the Transcript where they were admitted into evidence.

CRITICAL

Applies to

Instructions to personal representative or guardian

The Fiduciary must file executed Instructions to the Personal Representative or Guardian before appointment and issuance of 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.

CRITICAL

Applies to

Supplemental report

If a supplemental report cannot be filed on time, the Fiduciary must file a written explanation.

If any supplemental report cannot be filed in a timely manner, the Fiduciary shall file a written explanation.

CRITICAL

Applies to

Pleading

Every filed pleading must contain the attorney's name, attorney number, office address, and telephone number.

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

CRITICAL

Applies to

Pleading motion or other paper

In cases before a special judge, pleadings, motions, and other papers must place the specified legend to the right of the case title.

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

CRITICAL

Applies to

Proposed order

Before submitting an assigned proposed order to the Court, the party must provide it to an opposing party for review and certify to the Court that the copy was provided.

The party shall submit a copy of the proposed Order to an opposing party for review prior to submission to the Court and include a certification to the Court that a copy has been provided to an opposing party.

CRITICAL

Applies to

Bond condition

A person arrested for a violent crime who is released must sign a bond condition acknowledging the no-contact restriction, which lasts until ten days after release or the initial hearing, whichever occurs first.

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.

CRITICAL

Applies to

Withdrawal letter

A withdrawal letter must explain the risks of proceeding without new counsel and identify pending motions and relevant response, hearing, scheduling, and trial dates.

D. Contents of Client Letter. 1. The letter of withdrawal shall explain to the client that failure to secure the assistance of new counsel may result in dismissal of the client’s case or a default judgment may be entered against the client, whichever is appropriate. 2. The letter of withdrawal shall clearly indicate any pending motions, response dates, hearing dates, scheduling orders, or trial dates.

CRITICAL

Applies to

Income documentation

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

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

CRITICAL

Applies to

Inventory

In Supervised Estates, written appraisals or evidence of value obtained to comply with the Indiana Code must be attached as exhibits to the inventory filed with the Court.

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.

CRITICAL

Applies to

Minor settlement

Minor settlements are subject to Guardianship requirements, including filing an inventory and accounting.

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

CRITICAL

Applies to

Petition for approval of distribution

Must include

proposed order

A proposed order must be presented directing distribution under the Indiana Code and requiring a supplemental report of the wrongful-death proceeds.

A proposed order shall be presented to the Court, ordering distribution in accordance with the Indiana Code and requiring the filing of a supplemental report of distribution of the wrongful death proceeds.

CRITICAL

Applies to

Appraisal or market analysis

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.

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.

CRITICAL

Applies to

Proposed settlement

A proposed settlement for a minor who is at least 14 years old must include the minor’s written consent.

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.

CRITICAL

Applies to

Draft income withholding order and isets form

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

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.

CRITICAL

Applies to

Motion for stay

An attorney seeking the bankruptcy stay must file a motion for stay in each relevant action reciting the debtor’s prior bankruptcy filing, the bankruptcy court’s stay of proceedings, and the bankruptcy cause number and court.

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.

CRITICAL

Applies to

Pending pleadings motions and other papers

When a special judge is selected, a copy of all pending pleadings, motions, and other papers must be e-mailed or delivered to the office of the special judge by the party who sought the change of venue from the judge. The copies shall be provided with a certificate of forwarding attached, a copy of which shall be made a part of the case file. Any proposed orders must be forwarded to the special judge as well.

When a special judge is selected, a copy of all pending pleadings, motions, and other papers must be e-mailed or delivered to the office of the special judge by the party who sought the change of venue from the judge. The copies shall be provided with a certificate of forwarding attached, a copy of which shall be made a part of the case file. Any proposed orders must be forwarded to the special judge as well.