LaPorte County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Mandatory conference certification

If the parties report a partial agreement on the mandatory conference certification, they must file a signed copy of that agreement with the certification.

• ______a partial agreement, and file herewith a signed copy of their partial agreement.

CRITICAL

Applies to

Petition to modify child custody or child support

A petition to modify custody or child support must state the specific legal bases and supporting factual bases for the alleged substantial changes.

In any Petition to Modify Child Custody or Child Support, the party filing such petition shall set forth the specific legal bases for such modification (See I.C. 31-17-2-21) and a general statement of the factual bases underlying each particular legal basis regarding any alleged substantial changes in statutory factors which bear on the petition.

CRITICAL

Applies to

Child support obligation worksheet

For a contested child-support hearing, the parties must complete, verify, sign, and file the Child Support Obligation Worksheet and any applicable supplemental worksheets.

Complete, verify, sign, and file a Child Support Obligation Worksheet, including, when appropriate, a Parenting Time credit Worksheet and/or a Post-Secondary Education Worksheet;

CRITICAL

Applies to

Retirement and pension plan information

Attach documents from each retirement or pension plan that verify the information provided.

(Attach documents from each plan verifying the above information.)

CRITICAL

Applies to

Provisional hearing request

For a provisional hearing request, the parties must certify that they know they are obligated to attend the specified programs and file completion certificates before requesting a final hearing.

_______In the event of a Provisional Hearing Request, the parties certify that they are aware of the obligation to attend Transparenting and UpToParents.org programs and to file their certificates of completion prior to a request for a Final Hearing.

CRITICAL

Applies to

Response or other pleading

Must include

certificate of service

A response or other pleading filed with the Court must include a statement confirming compliance with the service requirement.

A response (or other pleading) filed with the Court must include a statement that you have complied with this requirement.

CRITICAL

Applies to

Child support obligation worksheets and parenting time credit worksheet

Child Support Obligation Worksheets and the accompanying Parenting Time Credit Worksheet must be completed fully and legibly.

Please note: All Child Support Obligation Worksheets and accompanying Parenting Time Credit Worksheet must be filled out completely and legibly.

CRITICAL

Applies to

Proposed order

Must include

proposed order

When directed by the Court, a party or the party’s attorney must prepare a proposed order reflecting the Court’s decision in a timely manner.

As directed by the Court, a party or an attorney for a party shall prepare a proposed order based on the decision rendered by the Court. The party so directed shall prepare the proposed order in a timely manner.

CRITICAL

Applies to

Summary judgment response

An unrepresented party is advised that they must respond to the summary judgment motion.

As you are not represented by counsel, you are hereby advised of your obligation to respond to the Summary Judgment motion.

CRITICAL

Applies to

Withdrawal of appearance

Before permission to withdraw, the attorney must give the client ten days' written notice and file a copy with the Court, except in the listed circumstances.

Permission to withdraw shall be given only after the withdrawing attorney has given his client ten (10) days written notice of his intention to withdraw and has filed a copy of the notice with the court, except in the following cases: 1. when another attorney has already filed an appearance for the same party; or 2. when the withdrawing attorney files a pleading indicating that he or she has been terminated from the case by the client; or 3. when the appearance of an attorney is deemed withdrawn upon conclusion of an action or matter.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must include the party's last known address and telephone number.

Any withdrawal of appearance shall include the last known address and telephone number of the party.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be in writing, have leave of Court, and comply with Indiana Trial Rule 3.1(H).

All withdrawals of appearance shall be in writing,by leave of Court, and in compliance with Indiana Trial Rule 3.1(H).

CRITICAL

Applies to

Parenting program waiver motion

The parenting-program obligation may be waived only by written or oral motion in court setting forth good cause.

Waiver of the obligation set forth herein may be had only by written motion or oral motion in court setting forth good cause for such waiver.

CRITICAL

Applies to

Verified motion for maintenance

A maintenance request at a Final Hearing must be stated in a verified motion setting out the requested relief and its factual basis.

At least twenty-one (21) days prior to any Final Hearing in which a party intends to seek an order for maintenance, that party shall file a verified motion setting forth that request for relief and the factual basis of bases upon which the request is predicated.

CRITICAL

Applies to

Child support stipulation

A child support worksheet must be completed, verified, signed by the parties, and filed with any child-support stipulation.

Contemporaneous with any stipulations regarding child support orders, a child support worksheet shall be completed, verified, signed by the parties, and filed with the stipulation.

CRITICAL

Applies to

Pre trial statement of facts and issues

The Pre-Trial Statement of Facts & Issues must be signed by both the attorney and the submitting party.

The Pre-Trial Statement of Facts & Issues must be signed by the attorney and the submitting party.

CRITICAL

Applies to

Mandatory final conference certification

Must include

certificate of conference

A certification that the Mandatory Final Conference was held must substantially comply with Appendix A and be filed before the contested hearing; no contested final hearing will be scheduled before filing.

Certification that the "Mandatory Final Conference" was held must be filed prior to the contested hearing in a form that substantially complies with "Appendix A" attached hereto. No contested final hearings will be scheduled until the certification has been filed.

CRITICAL

Applies to

Proposed special findings

Proposed Special Findings must include all facts alleged to have been proved and the relevant conclusions of law.

Such Proposed Special Findings shall be submitted to the Court, pursuant to Trial Rule 52(C), and shall be submitted within such time as the court shall direct.

CRITICAL

Applies to

Transcript fee report

Court reporters must report transcript fees at least annually to the Indiana Supreme Court Division of State Court Administration using its prescribed forms.

Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent, or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Division of State Court Administration.

CRITICAL

Applies to

Parenting worksheet

In covered divorce or paternity cases, both parents must complete and save the applicable worksheet and provide a copy to the other party within 45 days after the dissolution petition is filed.

In any cause of action for dissolution of marriage (divorce) or paternity involving a minor child or children under the age of sixteen (16) years, both parents shall complete the worksheet at www.UpToParents.org for divorce matters and www.proudtoparent.org for paternity matters print and save a copy of their work, and provide a copy of their work to the other party within forty-five (45) days of the date the petition for dissolution of marriage is filed.

CRITICAL

Applies to

Child support order

The party ordered to pay child support must file an Income Withholding Order.

The party who is to pay the child support shall file an Income Withholding Order.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Before entry of an order granting a motion or application in the listed matters, the moving party or applicant must furnish a proposed order, unless the Court directs otherwise; the rule has the stated exceptions.

Prior to entry by the Court of orders granting motions or applications, the moving party or applicant (or his or her attorney) shall, unless the Court directs otherwise, furnish the Court with proposed orders in the following matters: 1. enlargement of time; 2. pro hac vice; 3. continuance; 4. default judgment; 5. summary judgment 6. compel discovery; 7. dismissal; 8. appointment of receiver; 9. appointment of guardian; 10. restraining order, temporary, or permanent injunction; 11. immediate possession of real estate; 12. immediate possession of personal property; 13. findings of fact and conclusions of law; 14. petition for certification of interlocutory appeals; 15. staying further proceedings by reason of bankruptcy, appeal, or other cognizable grounds; 16. withdrawal of appearance of counsel; 17. such other orders, judgments, or decrees as the Court may direct. Unless otherwise directed by the Court, this rule does not apply to Judgments on general verdicts of the Jury, to Judgments rendered following trial to the bench, or to matters taken under advisement by a Court.

CRITICAL

Applies to

Custody evaluation order

An order directing a custody evaluation must specify who should receive copies of the completed evaluation.

The order directing that the evaluation should occur shall include a directive as to whom should receive copies of the completed evaluation.

CRITICAL

Applies to

Proposed order

A proposed order must include the specified date and judge signature lines; if it contains a Magistrate Judge recommendation, it must include the specified recommendation and approval lines, and it must end with a distribution list and prepared proof of notice.

The last page of the proposed order shall contain a line for the date, either "Dated ____” or "So Ordered ___________." On the last page there also shall be a line for the signature of the Judge under which shall be typed, "Judge, LaPorte [Circuit or Superior] Court." If the proposed order contains a recommendation from a Magistrate Judge, the last page shall have a line for the signature of the Magistrate Judge under which shall be typed "Magistrate Judge, LaPorte [Circuit or Superior] Court," to the left of which shall be the following, "So Recommended:" and beneath and to the left of which shall be typed, "Approved. So Ordered." To allow compliance with the notice requirements of Rule 72(D), Indiana Rules of Trial Procedure, the proposed order shall include a distribution list at the end of the order after the signature line. It shall also include a prepared proof of notice under T.R. 72(D).

CRITICAL

Applies to

Mandatory preliminary conference certification

Must include

certificate of conference

A certification that the Mandatory Preliminary Conference was held must be filed before the contested preliminary hearing, and it may substantially comply with Appendix A.

Certification that the "Mandatory Preliminary Conference" was held must be filed prior to the contested preliminary hearing. That certification may be filed in a form that substantially complies with "Appendix A" attached hereto.

CRITICAL

Applies to

Summary judgment response

To contest the motion’s factual assertions, an unrepresented party must submit affidavits or other documentary evidence, or identify contradicting information in the existing court records.

Unless you submit your own affidavits (or other documentary evidence) or a response that specifically identifies information within the existing court records that contradict the factual assertions of the evidence designated in the Motion for Summary Judgment and supporting materials, any factual assertions in our motion and supporting documentation will be accepted by the Court as true.

CRITICAL

Applies to

Supporting income documentation

The parties must file or provide the Court documentation proving current income and income earned during the prior tax year.

File or provide the Court with supporting documentation to establish proof of current income and income earned during the prior tax year.

CRITICAL

Applies to

Child support obligation worksheet

The worksheet form must be the most current version available at the stated website.

The form must be the most current version available on the Indiana Supreme Court website: https://indianalegalhelp.org/self-help-landing-page/.

CRITICAL

Applies to

Motion for summary judgment

When the opposing party is self-represented, the movant must send that party the Appendix C notice with the summary judgment motion.

When a movant files a Motion for Summary Judgment and the opposing party is a self- represented litigant, the movant shall send the opposing party the Notice Regarding Summary Judgment Motion as set forth in Appendix C below with the Motion for Summary Judgment.

CRITICAL

Applies to

Final paternity hearing request

For a final hearing on a petition to establish paternity, the parties must file their UpToParents.org certificates of completion with the hearing request.

_______In the event of a Final Hearing on a Petition to Establish Paternity, the parties file herewith their certificates of completion for UpToParents.org.

CRITICAL

Applies to

Pre trial statement of facts and issues

Documentation substantiating all information in the Pre-Trial Statement of Facts & Issues must be attached.

Documentation to substantiate all information provided in the Pre-Trial Statement of Facts & Issues must be attached.

CRITICAL

Applies to

Pretrial statement

Child Support (attach a Child Support Obligation Worksheet):

Child Support (attach a Child Support Obligation Worksheet):

CRITICAL

Applies to

Summary judgment notice

The required notice about an opposing party’s summary judgment motion must be sent to the unrepresented party.

The Courts of LaPorte County, Indiana, require that this notice be sent to you about the Motion for Summary Judgment that was filed by the opposing party.

CRITICAL

Applies to

Certificate of attendance

A parent must file a copy of the attendance certificate with the court within five days after attending the program.

A parent shall file a copy of the certificate of attendance with the court in which his or her dissolution action is pending within five (5) days after attending the program.

CRITICAL

Applies to

Verified motion for restricted parenting time

A request for restricted or supervised parenting time must be made in a verified motion stating its factual basis.

At least twenty-one (21) days prior to any hearing in which a party intends to seek restricted parenting time [less than Parenting Time Guidelines] or supervised parenting time, that party shall file, and contemporaneously serve upon opposing counsel or on subject parent, if that parent is not represented by counsel, a verified motion for restricted parenting time which sets forth the factual basis upon which the request is predicated.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court

CRITICAL

Applies to

Proposed order

Must include

case number

A proposed order must be separate from the related motion or application and include the Court name, case number, and case title, though the title may be shortened when there are multiple parties.

Any proposed order shall be a document that is separate and apart from the motion or application to which it relates and shall contain a caption showing the name of the Court, the case number assigned to the case, and the title of the case as shown by the Complaint. If there are multiple parties, the title may be shortened to include only the first name plaintiff and defendant with appropriate indication that there are additional parties.

CRITICAL

Applies to

Receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the court file.

At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence, the receipt will be made part of the court file.

CRITICAL

Applies to

Income withholding order

The child-support payor must file an Income Withholding Order after the Court decides the child-support issues.

Within 7 days after the Court has decided the child support issues, the party who is to pay the child support shall file an Income Withholding Order.

CRITICAL

Applies to

Verified statement of basis for deviation

A party seeking a deviation from equal division of marital assets and liabilities must file a verified statement of the specific factual and legal bases at least 30 days before the contested Final Hearing.

If a party intends to seek a deviation from the statutory presumption that marital assets and liabilities are to be divided equally, a verified statement setting forth the specific factual and legal bases for the proposed deviation shall be filed at least thirty (30) days prior to a contested Final Hearing date.

CRITICAL

Applies to

Transcript

Non-documentary and oversized exhibits must be briefly identified in the transcript where they were admitted.

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

CRITICAL

Applies to

Final dissolution hearing request

When requesting a final dissolution of marriage hearing, the parties must file their certificates of completion for Transparenting and UpToParents.org with the request.

_______In the event of a Final Dissolution of Marriage Hearing request, the parties file herewith their certificates of completion for Transparenting and UpToParents.org.

CRITICAL

Applies to

Child support agreement

If the agreed weekly child-support amount deviates from the guidelines, the parties' agreement must state the reasons for the deviation.

If the parties have agreed to a weekly support amount that varies from that amount due per the guidelines, the reasons for that deviation shall be set forth in the parties' agreement.

CRITICAL

Applies to

Income information

Attach the federal tax return you filed for the prior year.

(Attach prior years federal tax return filed by you)

WARNING

Applies to

Proposed child support obligation worksheet

A proposed Child Support Obligation Worksheet should be provided to the Court and must be signed by the attorney and the party.

A proposed Child Support Obligation Worksheet should be provided to the Court, and must be signed by the attorney and the party.

WARNING

Applies to

Summary judgment order

If no order was filed under subsection A, the Court may require the prevailing party’s attorney to prepare a form of order on a summary judgment motion.

The Court may require that the attorney for the prevailing party prepare a form of order on a Motion for Summary Judgment in accordance with the provisions of T.R. 56 if one has not been filed pursuant to A. above.

WARNING

Applies to

Dissolution and post dissolution pleading

Dissolution and post-dissolution pleadings must use “and,” not “versus,” “v.,” or “vs.,” and improperly captioned pleadings may be returned for correction and refiling.

Accordingly, counsel and parties are directed to utilize the word "and" in all dissolution and post-dissolution pleadings, as opposed to the adversarial term "versus" or its abbreviated versions of "v." or "vs.". Pleadings improperly captioned may be returned by the court for corrections and refiling.

WARNING

Applies to

Pretrial statement

The pretrial statement should state the result requested by the client on the listed child-related issues.

Please state the result requested by your client:

WARNING

Applies to

Pretrial statement

The following matters are “Agreed”, “Contested”, “Partially Agreed”, or “Not Applicable” in this case (write in the appropriate status):

The following matters are “Agreed”, “Contested”, “Partially Agreed”, or “Not Applicable” in this case (write in the appropriate status):

WARNING

Applies to

Pretrial statement

Vehicles should be valued using Kelly Blue Book, available at the stated website.

All vehicles should be valued in accordance with Kelly Blue Book available at www.kbb.com.