Johnson County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Status report

If a civil wrongful death action is pending, the status report must state the case number, the Court where it is pending, and the dates of any current settings.

If an action to prosecute a civil wrongful death action is pending, the report shall show the case number, the Court in which the action is pending and the date of any current settings of the case.

CRITICAL

Applies to

Motion pleading or paper

For a filing requiring immediate action, the moving party must bring its emergency nature to the Court’s attention; labeling the caption “Emergency” alone is insufficient.

If a motion, pleading, or paper requires immediate action, the moving party shall bring the emergency nature of the filing to the Court’s attention. The mere inclusion of the word “Emergency” in the caption is insufficient.

CRITICAL

Applies to

Clerk certificate of mailing

The Personal Representative must provide the Clerk with a Clerk’s Certificate of Mailing.

a Clerk’s Certificate of Mailing.

CRITICAL

Applies to

Petition for dissolution or legal separation

Must include

proposed order

When filing a Petition for Dissolution or Legal Separation under this rule, the Petitioner must submit a proposed Order containing all required information.

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.

CRITICAL

Applies to

Filing seeking tax sale relief

A person seeking relief regarding tax-sale property must provide the parcel number, tax sale certificate number, and street address or a brief location description.

In addition to the information required by Indiana Trial Rule 3.1, each person seeking any relief regarding property sold at a tax sale shall provide the following information on the subject parcel: 1) parcel number; 2) tax sale certificate number; and, 3) street address or brief description of the parcel’s location.

WARNING

Applies to

Partial inventory

Each partial inventory must be identified as a partial inventory.

Each partial inventory shall be denominated as a partial inventory.

WARNING

Applies to

Schedule 3 accounting

Schedule 3 must itemize property held at period end, state its value and valuation basis unless previously given in the Inventory, and provide market valuation for fluctuating intangible property.

The property held by the Personal Representative or Guardian at the end of the period of account shall be identified as follows: 1. an itemization of the property held by a description of property, asset or investment; 2. the value of the property, asset or investment as of the date of the end of the accounting period; 3. the basis for valuation of the property, asset, or investment, unless previously provided in the Inventory; 4. the market valuation at the end of the period of accounting if the intangible personal property is subject to market fluctuation.

WARNING

Applies to

Intermediate report of account

An intermediate accounting report must explain why the Estate cannot be closed, estimate its closing date, and propose partial distribution to the extent it can occur without prejudice.

Such report of accounting shall comply with the provisions of the Indiana Code and shall also include the following: 1. all facts showing why the Estate cannot be closed and an estimated date of closing. 2. a proposal for partial distribution of the Estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

WARNING

Applies to

Final report

The Final Report must include the specified tax closing letter, counter-signed receipt, or electronic reproduction showing payment of applicable estate or inheritance tax liability.

The Federal Estate Tax Closing Letter and the Indiana Inheritance Tax Closing Letter (or the counter-signed receipt) or an electronic reproduction, showing payment of all Federal Estate and/or Indiana Inheritance Tax liability in the Estate, executed by the Internal Revenue Service or the Indiana Department of Revenue, shall be attached to the Final Report.

WARNING

Applies to

Account

An account in an intestate succession must include an heirship affidavit.

In intestate succession, the account shall include an heirship affidavit.

WARNING

Applies to

Request for release of appellate materials

An attorney of record may withdraw the original transcript by filing a completed Request for Release of Appellate Materials.

An attorney of record representing any party may withdraw the original Transcript from the Clerk’s Office by filing a completed Request for Release of Appellate Materials.

WARNING

Applies to

Written request

A case of an eligible case type involving particularly complex family law issues may be moved to the Family Court if: 1. A written request is received in the Family Court.

A case of an eligible case type involving particularly complex family law issues may be moved to the Family Court if: 1. A written request is received in the Family Court.

WARNING

Applies to

Verified application for appointment

The verified appointment application must substantially follow Johnson County Probate Form 1, or its information may instead be included in the Petition to Open Estate.

The Verified Application for Appointment of Personal Representative or Guardian shall be substantially in the form of Johnson County Probate Form 1. In lieu of Johnson County Probate Form 1, the information may be included in the Petition to Open Estate.

WARNING

Applies to

Report of change in property

A report of a change in property held must describe the property disposed of and acquired and any resulting gain or loss.

A report of change in the property held, such as a change in investment, shall include the following: 1. the description of the property sold, changed or lost; 2. any gain or loss resulting from the transaction; 3. the description of the property received, purchased or obtained.

WARNING

Applies to

Notice of claim

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

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

WARNING

Applies to

Pleading or motion

Except for the initial pleading, pleadings and motions should prominently display the case number on their face.

Except for the initial pleading (Complaint, etc.), no pleading or motion should be filed unless it has a Case Number placed prominently on the face thereof.

WARNING

Applies to

Access petition

A party seeking access to confidential records in another case in the Family Court Proceeding may do so by written petition based on relevancy and need.

Parties may seek access to the confidential cases or records in another case within the Family Court Proceeding in which they are not a party by written petition based on relevancy and need.

WARNING

Applies to

Schedule 2 accounting

Each disbursement in Schedule 2 must identify the payee, instrument number, amount, and—when not apparent from the payee description—a sufficient explanation of the reason.

Schedule 2: Payments, Charges, Losses and Distributions. Each disbursement shall be reported, including the following information: a. the payee; b. check number or other identifying number on the instrument; c. the amount disbursed; and, d. the description of the reason for the disbursement sufficient to substantiate the reason for the disbursement as part of the administration of the Estate or Guardianship or the support of the incapacitated person or minor, if the reason for disbursement is not apparent from the description of the payee.

WARNING

Applies to

Proposed distribution

A proposed distribution in a Supervised Estate must identify the payee and the property to be distributed.

The proposed distributions in Supervised Estates shall specifically set forth the payee and the property to be distributed.

WARNING

Applies to

Proposed order

The proposed-order requirement has exceptions for Orders on Determination of Inheritance Tax and when the Court expressly directs otherwise.

Exceptions from this general rule shall be granted for Orders on Determination of Inheritance Tax or as expressly directed by the Court.

WARNING

Applies to

Written valuation

A written valuation is not required for assets that are publicly traded or sold at public auction.

No written valuation shall be required for the sale of assets which are publicly traded or sold at public auction.

WARNING

Applies to

Request for release of appellate materials

During the party’s briefing period, a party may request a copy of an exhibit by filing a completed Request for Release of Appellate Materials.

During their respective briefing period, any party may, upon request, be provided a copy of any Exhibit by filing a completed Request for Release of Appellate Materials.

WARNING

Applies to

Proposed distribution

A proposed distribution in a testate administration must cite the provision of the Will authorizing it.

In testate administration, the proposed distribution shall refer to the provision of the Will that authorizes the proposed distribution.

WARNING

Applies to

Accounting report

The accounting must report an amount received or the value of property, and income from principal must identify the property that generated it.

2. an amount received or value of the property; 3. the income from principal shall include the property from which the income was received.

WARNING

Applies to

Motion

Unless a rule or statute provides otherwise, motions may be considered without a hearing.

Except as provided by rule or statute, motions will be subject to consideration by the Court without hearing.

WARNING

Applies to

Routine procedural motion

The Court may consider listed routine and procedural motions without a response.

The Court may consider motions of routine and procedural nature without necessity of a response. Such motions include those for enlargement of time, for continuance, to withdraw appearance, to dismiss or to withdraw motion by the moving party, for entry of an Order setting hearing, amend pleadings, compel discovery, for default judgment, and other matters of a routine, non-adversarial nature without necessity of a response.

WARNING

Applies to

Bail bond review request

Either party may request judicial review of a bail bond set under the schedule, but the request must be in writing.

All bail bonds fixed pursuant to the Johnson County Standard Bail Bond Schedule shall be subject to review by a judicial officer upon the written request of either party.

WARNING

Applies to

File stamped copies

Without the required envelopes, file-stamped copies are returned through the Courthouse Mail Box or held at the Court for collection if the attorney or Fiduciary has no such box.

Failure to provide self-addressed, stamped envelopes will result in the return of file- stamped copies via Courthouse Mail Box. If an attorney or Fiduciary does not have a Courthouse Mail Box, file stamped copies will be held at the Court until collected.

INFO

Applies to

Guardianship petition

A petitioner seeking to have an adult declared incapacitated may submit supporting documents with the petition.

In all Guardianship matters seeking to declare an adult incapacitated, the Petitioner may submit with the petition any supporting documents.