Johnson County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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:

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

update that notice two (2) days prior to trial

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

A body attachment expires 180 days after it is issued.

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