Johnson County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Institution officer certificate

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.

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.

CRITICAL

Applies to

Deed

A deed submitted for court approval must be signed by the Fiduciary and the signature notarized before submission.

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

CRITICAL

Applies to

List of notice recipients

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

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

CRITICAL

Applies to

Petition for approval of distribution

When a judgment has been paid or a settlement-approval petition is filed in an Estate, a petition for approval of distribution must be 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.

CRITICAL

Applies to

Motion

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.

CRITICAL

Applies to

Transfer request

Must include

proposed order

Except for matters transferred or consolidated under the Family Court Rules, a transfer request to the Johnson Circuit or Superior Court must be written and accompanied by a written order for the forwarding Court's signature.

Aside from those matters which are transferred or consolidated under the Family Court Rules, requests to transfer cases to the Johnson Circuit or Superior Court shall be made in writing, accompanied by written order for the signature of the forwarding Court.

CRITICAL

Applies to

Beneficiary notice

The Trustee must promptly file written notice with the Court identifying the name and address of each known beneficiary.

The Trustee shall promptly file with the Court written notice of the name and address of each beneficiary known to the Trustee.

CRITICAL

Applies to

Writ of attachment

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

at least three (3) Writs of Attachment.

CRITICAL

Applies to

Family court identification form

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.

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.

CRITICAL

Applies to

Proposed order

Proposed orders in modifiable electronic format must be sent to the Court’s specific Proposed Order email address.

Proposed orders in modifiable electronic format shall be provided the Court’s specific Proposed Order electronic mail address.

CRITICAL

Applies to

Restricted account or investment document

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

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

CRITICAL

Applies to

Body attachment request

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.

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.

CRITICAL

Applies to

Wage assignment order

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

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

CRITICAL

Applies to

Summons submission

When requesting service by the listed mail or commercial-carrier methods, the party must submit the required forms or materials; the quoted text is incomplete.

If service by certified mail, registered mail, express mail, or via third- party commercial carrier is requested, the party shall submit any forms or materials required by the United

CRITICAL

Applies to

Restricted account

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

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.

CRITICAL

Applies to

Fiduciary acceptance of restriction

The Fiduciary's acceptance of the restricted-account terms must also be filed with the Court.

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

CRITICAL

Applies to

Summons submission

When submitting a summons, the party must also submit materials to assist the Clerk with service and a stamped return envelope.

B. Material Submitted with Summons. At the time of submission of the Summons, the party shall also submit such material to assist the Clerk in causing service to be affected, along with a stamped, return envelope to the Clerk for the return of service.

CRITICAL

Applies to

Petition for tax deed

A petition for tax deed must include a copy of the title search.

A petition for tax deed must be accompanied by a copy of the Title Search.

CRITICAL

Applies to

Guardianship petition

A petition to appoint a guardian of a minor's person must state the child's present address and the name or names of the people with whom the child resides.

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;

CRITICAL

Applies to

Trial assignment request

A party seeking trial assignment must make a written request, notify all other parties, and, except in Small Claims, include the requested trial type, a time estimate, expected readiness, and anticipated unavailable dates.

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. Except in Small Claims, such request must: 1. contain the type of trial or hearing requested (e.g. jury trial, bench trial); 2. contain a good-faith estimate of the time needed for the trial or hearing; 3. state when it is expected that all parties will be prepared for trial; and 4. reasonably anticipated dates on which the attorney or party is not available.

CRITICAL

Applies to

Written authorization

An original exhibit that cannot be duplicated, replaced, or recreated may be released only with written authorization from the trial court.

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.

CRITICAL

Applies to

Repleading after transfer

A Small Claim case transferred from Magistrate Court to the plenary docket must be repled in full with a new complaint and answer or responsive pleading under the Indiana Rules of Trial Procedure.

A Small Claim case which comes to the Johnson Circuit Court or Johnson Superior Courts from the Magistrate Court through transfer to the plenary docket shall be repled in its entirety by the filing a new Complaint and Answer(s) or responsive pleading in compliance with the Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Verified application for appointment

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

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.

CRITICAL

Applies to

Bankruptcy court notice of relief

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

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

CRITICAL

Applies to

Financial declaration

For a preliminary hearing, the financial declaration must be filed no later than the hearing date.

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

CRITICAL

Applies to

Notice of administration

The Personal Representative must provide the Clerk with a copy of the Notice of Administration for each person on the List of Notice Recipients.

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

CRITICAL

Applies to

Guardianship accounting

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.

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.

CRITICAL

Applies to

Repled complaint

The plaintiff must file a summons when filing the repled complaint.

At the time of filing the repled Complaint, the Plaintiff shall also file a Summons.

CRITICAL

Applies to

Withdrawal or appearance

A withdrawal or appearance must include the party’s last known address.

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

CRITICAL

Applies to

Adoption final hearing submission

A written offer of proof of stability in the adoptive placement is required before an adoption final hearing is scheduled.

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

CRITICAL

Applies to

Restricted account certification

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

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.

CRITICAL

Applies to

Motion for proceedings supplemental

A judgment creditor seeking a post-judgment order to a self-employed or other judgment debtor must file a verified motion for proceedings supplemental.

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.

CRITICAL

Applies to

Motion for summary judgment

In a Civil Collection case, the moving party must submit notice to a self-represented opposing party when filing a summary judgment motion.

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.

CRITICAL

Applies to

List of notice recipients

The Personal Representative must prepare a List of Notice Recipients in each Estate.

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

CRITICAL

Applies to

Annual report

An annual report must be filed on each anniversary of the Personal Representative’s appointment 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.

CRITICAL

Applies to

Withdrawal of appearance

A motion to withdraw appearance must state the client’s current mailing address in both the Certificate of Service and the Proposed Order.

B. Form of Motion. Motions for leave to withdraw appearance must indicate the client’s current mailing address in the Certificate of Service and Proposed Order.

CRITICAL

Applies to

Settlement disposition filing

After settlement, the appropriate agreed entry, agreed judgment, or motion to dismiss must be filed.

The appropriate agreed entry, agreed judgment, or motion to dismiss shall be filed.

CRITICAL

Applies to

Title search

A Johnson County tax-sale purchaser must obtain an authorized title-company search no later than 180 days after the sale.

Pursuant to Indiana Code 6-1.1-25-2(e), any person who has purchased property at a Johnson County Tax Sale must obtain a title search from a title company authorized to do business in Indiana no later than one hundred eighty (180) days after the sale.

CRITICAL

Applies to

Proposed order

The party must submit stamped, addressed envelopes for all parties, agencies, and third parties involved in the case.

The party shall also submit stamped, addressed envelopes addressed to all parties, agencies, and third parties involved in the case.

CRITICAL

Applies to

Pleading motion or other paper

Trial Rule 5 papers must be signed under Trial Rule 11 by counsel of record or the self-represented party, subject to the Court’s discretion, and a nonconforming paper may later be stricken.

No pleading, motion, or other paper specified in Indiana Trial Rule 5 will be accepted for filing unless such pleading, motion, or other paper has been signed in accordance with Indiana Trial Rule 11 by the attorney of record or a self-represented party except at discretion of the Court. If it is later discovered that a nonconforming pleading or motion has inadvertently been filed, the pleading, motion, or paper may be stricken from the record.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a conflicting trial must identify the other case by name and number and state when the other court set it for trial.

The motion must also state the name and case number of the other case, as well as the date that the other court set the conflicting case for trial.

CRITICAL

Applies to

Deed

The deed must be submitted with the Petition to Sell Real Estate, with the Report of Sale of Real Estate, or at the hearing on the Final Account.

All such deeds shall be submitted with either the Petition to Sell Real Estate or the Report of Sale of Real Estate or at the time of the hearing on the Final Account.

CRITICAL

Applies to

Pleading

Every party’s pleading must include a verification certifying compliance with Trial Rule 5(G), and the stated substantially similar certification language is sufficient.

All pleadings filed by a party shall contain a verification certifying that the pleading complies with the filing requirements of Indiana Trial Rule 5(G) applicable to information excluded from public access under Access to Court Records Rules. B. Content of Certification. A certification in substantially the following language shall be sufficient: I / we hereby certify that the foregoing document complies with the requirements of Trial Rule 5(G) with regard to information excluded from the public record by Access to Court Records Rules.

CRITICAL

Applies to

Petition for adoption

An adoption petition hearing will not be scheduled until all reports, affidavits, and consents required by the Indiana Code are on file.

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.

CRITICAL

Applies to

Child support worksheets

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.

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;

CRITICAL

Applies to

Appellate record

Non-documentary and oversized exhibits must remain with the trial court or Administrative Agency during an appeal and must not be sent to the Appellate level Court.

Non-documentary and oversized exhibits shall not be sent to the Appellate level Court, but shall remain in the custody of the trial court or Administrative Agency during the appeal.

CRITICAL

Applies to

Transfer or consolidation order

A transfer or consolidation may not be approved unless the receiving Court's Judge consents to the order in writing.

No transfer or consolidation shall be approved unless such order is consented to in writing by the Judge of the receiving Court.

CRITICAL

Applies to

Garnishment order

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

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

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion seeking a Court order must include a proposed order.

All motions seeking an order of the Court shall be accompanied by proposed orders.

CRITICAL

Applies to

Supplemental report

When a Final Decree vests real estate in Estate heirs or beneficiaries, it must be recorded in the county where the property is located, and evidence of recording must be provided to the Court with the Supplemental Report.

Whenever a Final Decree reflects that real estate is vesting in the heirs or beneficiaries of the Estate, the Decree shall be recorded with the County Recorder of the County where any such real Estate is located, and evidence of said recording shall be provided to the Court with the Supplemental Report.