Madison County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- If requested upon receipt of the Notice of Pretrial, the court shall grant the State additional time to answer or otherwise respond to the petition.
- An initial written motion to enlarge time to respond to a claim is automatically allowed for 30 additional days without a written court order; extensions beyond 30 days require a showing of necessity, and the rule does not apply to small-claims matters.
- Unless made in open court, a continuance motion must be written and provide the hearing or trial date and time, reason, opposing counsel’s or party’s position, notice details if the opponent does not consent, and specified information about any conflicting trial-calendar matter.
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Request must include
- A continuance motion must be filed at least five days before a bench trial or hearing, or at least ten days before a jury trial, unless good cause is shown.
- Continuances of preliminary hearings are disfavored and will not be granted when requested less than five days before the hearing.
Communication
Phone
Document Format Requirements3 rules
Two-sided pleadings, motions, orders or decrees will not be accepted with the exception of court-approved forms relating to small claims matters.
Financial Declarations must use Madison Circuit Court-adopted forms and Indiana Child Support worksheets must be used.
Formatting
- •Financial Declarations must use forms adopted by the Madison Circuit Court
Court's wording
Financial Declarations on forms adopted by the Madison Circuit Court and Indiana Child Support worksheets shall be completed in full, dated and filed prior to trial in all contested matters involving child support or disposition of assets.
All court reporters must use the same invoice for submission of payment (format on file in court administration).
Document Filing Requirements66 rules
All documents for which distribution is requested shall include a distribution list at the end of document.
Distribution may not be made to parties not included on the distribution list.
A required certificate of service must specifically identify those served, the service method, and the address used; generic “served upon counsel of record” language is insufficient.
Court's wording
Certificates of Service which are required by the trial rules shall set out with specificity the names of the lawyers or litigants who have been served, the means of service and the address, whether real or electronic, used to effectuate service. The generic and generalized language “served upon counsel of record” shall not be acceptable compliance with the trial rule.
Attorney-signed pleadings must include the attorney’s original written signature, identifying and contact information, and the party represented.
Court's wording
All pleadings to be signed by an attorney shall contain an original written signature of the attorney, printed name, attorney number, firm name (if applicable), mailing address, telephone number, email address and a designation of the party for whom the attorney appears.
Documents to be sent by certified mail must be accompanied by an addressed envelope bearing proper postage, or postage payment to the Clerk.
When a matter is heard by a non-presiding judicial officer, the officer’s name must appear in the caption and below the cause number using the specified wording.
- Document
- Caption
- Placement
- Caption
Court's wording
In any matter being heard by special judge, magistrate, senior judge, or other judicial officer who is not the presiding Judge, the judicial officer’s name shall appear in the caption, and below the cause number as follows: “Before Hon. ____________________________” (Title – Special Judge, etc.)
Post-judgment documents for distribution by first-class mail must be submitted with a prepaid, addressed envelope for each recipient.
Court's wording
In proceedings to enforce money judgments, any post-judgment documents to be distributed by first class mail (such as motions for proceedings supplemental directed to employers or financial institutions, show cause orders, attachments, etc. . ..) must be submitted with a postage pre-paid envelope addressed to each party to receive the document.
A party who offers 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
Immediately after the pretrial conference, the parties must report to the court the Notice of Pretrial in the form set forth in Exhibit A.
Court's wording
Immediately following the pretrial conference, the parties shall report to the court a “Notice of Pretrial Conference Regarding Petition to Expunge a Conviction” (hereinafter “Notice of Pretrial”) as set forth in Exhibit A of the Madison County Local Rules.
The court shall not grant a Petition to Expunge or set the matter for hearing until a notice of pretrial has been filed.
Each party must complete the Mediation Conference Information at least seven days before mediation and provide it in writing, ex parte, to the mediator; it must not be filed or presented to a judicial officer.
Court's wording
At least seven (7) days prior to the mediation conference, each party shall complete the Mediation Conference Information set forth below. The Mediation Conference Information shall be presented in writing to the mediator and shall set forth the information necessary for an informed evaluation of the case. The Mediation Conference Information shall be presented on an ex-parte basis to the mediator and must not be filed with or presented to any judicial officer in the Court in which the case is filed.
Financial Declarations on forms adopted by the Madison Circuit Court and Indiana Child Support worksheets shall be completed in full, dated and filed prior to trial in all contested matters involving child support or disposition of assets.
Financial Declarations, with current pay stub attached, shall be filed with the Court two (2) days before any preliminary or final hearing.
Each party must submit the listed mediation materials in writing to the mediator at least seven days before mediation, subject to the stated post-decree and child-support qualifications.
Court's wording
Each party shall submit the following Mediation Conference Information in writing to the mediator at least seven (7) days prior to the mediation: a. A copy of all pending pleadings, unless the matter is post-decree. b. A copy of any controlling orders sought to be modified or enforced, if the matter is post-decree. c. A copy of the party's Madison County Verified Financial Declaration. d. A completed Child Support Obligation Worksheet and Parenting Time Credit Worksheet, if child support is at issue. e. A statement of the matters at issue, a statement of the outcome the party would like to achieve, and a summary of the party's argument for such an outcome. f. Copies of essential exhibits, relevant pleadings, pertinent case law and statutes, as well as related substantive orders.
The certificate of service must indicate service on the Special Judge for each pleading or paper filed after the Judge qualifies.
Court's wording
A copy of each pleading or each paper filed with the Court after a Special Judge has qualified shall be mailed or delivered by counsel to the office of that Special Judge with service to that Special Judge indicated on the certificate of service.
Unless made in open court, a written continuance motion must include the hearing details and reason, the opponent’s position and (if there is no consent) when the opponent was advised, and specified details of any conflicting trial-calendar matter.
Court's wording
Unless made in open Court, motions for continuance shall be in writing and shall include the following information: 1. The date and time of the hearing or trial for which a continuance is being sought and the reason for the request. 2. Whether opposing counsel (or party) agrees with or objects to said request. 3. If the opposing party or their counsel do not consent to the continuance, the date and time opposing counsel (or pro se opponent) was advised that a continuance would be requested. 4. If the continuance is requested because of conflicts on counsel's trial calendar: the conflicting cause number, current status of the conflicting cause, and the date said conflicting cause was set for hearing.
Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is enlarged.
Unless the motion indicates otherwise, an attorney’s signature certifies that the client was notified of the request and its reason; if not, the attorney must state why notice was not given and that the client will not be prejudiced.
Court's wording
Unless otherwise indicated in the motion, a signature by an attorney on the request for continuance is certification by that attorney that their client has been notified of the request and of the reason for which the continuance is sought. If the client was not notified, the attorney shall state the specific reason(s) notice could not be given, and that the client will not be prejudiced by the continuance.
When entering a cause, an attorney or law firm must file a notice of appearance with the firm’s name, address, and phone number and the principal counsel’s individual name and attorney number; an appointed public defender’s appointment counts as their appearance.
Court's wording
Upon entering a cause, an attorney or law firm shall file a notice of appearance with the Court. In addition to the firm name, address, and phone number, said appearance shall include the individual name and attorney number of the lawyer who is to be identified on the Chronological Case Summary as principal counsel for purposes of notice or other Court communication. For a public defender appointed to the case, their appointment shall be considered their appearance.
A motion for trial setting must state whether the matter will be tried by jury or by the Court, the estimated trial time, and that efforts to agree on a setting were unsuccessful.
Court's wording
All motions for trial setting shall include: 1. a statement indicating whether the matter is to be tried by jury or by the Court; 2. a statement indicating the estimated time required for trial; 3. a statement indicating efforts to set the cause by agreement have been unsuccessful.
The withdrawal notice must warn of potential consequences, identify any scheduled hearing or trial date, and include other pertinent information.
Court's wording
This notice shall (1) inform the party that failure to secure new counsel may result in dismissal of the party’s case or in entry of a judgment or ruling against the party, (2) set forth the date of any scheduled hearing or trial, and (3) include any other pertinent information.
A proposed CCS entry shall be submitted by moving counsel, or party, confirming the hearing date, time, and hearing officer.
In all other circumstances, an attorney seeking permission to withdraw an appearance shall file a written motion stating justification for the withdrawal.
An application for a writ of body attachment must be sworn or verified and include the specified allegations and judgment amount, including a conditional allegation about the service address.
Court's wording
A. Requests for Body Attachments – An application for a writ of body attachment must be sworn or verified and include the following: 1. An allegation that the target of the body attachment failed to appear at a hearing to show cause why the target should not be held in contempt for failure to appear at a prior hearing, 2. An allegation that the target of the body attachment received service of the order to show cause, including the date and manner of service, 3. The amount of the judgment still owing at the time the body attachment is requested, and 4. Only if service of the order to appear at the show cause hearing was not by personal service, and the service address was neither an address where the party has previously received good service in this case nor an address provided to the Court by the party, an allegation explaining how the service address is known to be the party’s actual address.
The party seeking the body attachment must also complete a civil warrant information sheet on forms provided by the Clerk before a Writ of Body Attachment can be issued.
When the Title IV-D Prosecutor’s Office intervenes in an existing cause of action, the Office shall file a written appearance with a Title IV-D court reporter.
No pleading, motion, or proposed CCS entry, shall be accepted for filing from a pro se party unless the litigant’s current address and phone number and the current address and phone number of the opposing party appear on the pleading.
Counsel for the Mortgagee shall submit a form of Sheriff’s Deed, with appropriate blanks for the name and address (for purpose of real estate tax billings) of the Purchaser to be filled in by the Sheriff (or his or her Deputy) immediately after the sale;
A foreclosure judgment or decree must provide for the specified deed, sale costs, recording, and filing-clerk requirements; if these provisions are inadvertently omitted, they are deemed included.
Court's wording
All Judgments or Decrees for the foreclosure of a Real Estate Mortgage shall provide (and if inadvertently omitted therefrom shall be deemed to provide) as follows: 1. Counsel for the Mortgagee shall submit a form of Sheriff’s Deed, with appropriate blanks for the name and address (for purpose of real estate tax billings) of the Purchaser to be filled in by the Sheriff (or his or her Deputy) immediately after the sale; 2. That the Sheriff shall include as part of the costs of the Sale the recording and transfer fees for the recording of the Sheriff’s Deed. 3. That the Sheriff shall cause the Sheriff’s Deed to be promptly recorded after the completion of the Sheriff’s Sale. 4. A copy of the Sheriff’s return and the Sheriff’s Deed shall be provided to the respective court’s filing clerk for filing in the Court’s case file.
All proposed orders or decrees filed by counsel following a hearing before the Magistrate, Commissioner, or Referee shall include the following language: “This matter comes before the Magistrate/Commissioner, etc… (name) for hearing . . . ” At the end of the decree or order, the following language should appear, followed by a line for the Magistrate/Commissioner’s, etc… signature “Recommended for Approval”. The following entry should appear after the Hearing Officer’s signature: “COMES NOW THE COURT AND ENTERS JUDGMENT ON THE COMMISSIONER’S FINDINGS AND RECOMMENDATIONS.” /s/ ______________________________ Judge Commentary: This rule does not apply to Senior Judges, Temporary Judges, or Pro tems.
The second and subsequent pages of all proposed orders shall contain an abbreviated case caption including the complete cause number.
- Document
- Proposed order
- Placement
- Caption
Proposed judgments or decrees submitted to the Court in MF case types shall include a proposed CCS entry.
On proposed orders, counsel shall submit the names and mailing addresses of all distributes.
Copies of petitions or motions shall be sent with all notices where the hearing involved arises from the matters contained in the petition or motion.
All parties are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.
The affidavit of compliance with the notice provisions directed to creditors in an estate proceeding shall be timely filed with the Clerk of the Court.
When pleadings are filed by mail or left with the Court for filing, a self-addressed, stamped envelope shall be included for return of documents to the attorney, unless Courthouse mail is available.
Upon the opening of an estate or guardianship, the attorney shall provide a copy of the Court’s instructions to all personal representatives and guardians.
In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of prior inventories.
The name and address of the insurance agency providing the corporate surety shall be typed or printed on all corporate bonds in any estate or guardianship.
All petitions to open an estate or guardianship shall set forth the probable value of the personal property plus the estimated annual rents and profits to be derived from the property in the estate or guardianship.
A Petition to Sell Personal Property generally requires a competent appraiser’s written fair-market-value appraisal filed with the petition, unless it was filed with the inventory; the requirement does not apply to public-auction sales.
Court's wording
In all supervised estates and guardianships, no Petition to Sell Personal Property shall be granted unless a written appraisal prepared by a person competent to appraise such property and setting forth the fair market value thereof, is filed with the Court at the time of the filing of the Petition to Sell, unless such appraisal was filed with the inventory. This rule shall not apply to personal property which is sold at public auction.
In all supervised estates and guardianships in which real estate is to be sold, if required by the Court, a written professional appraisal shall be filed with the Court at the time of filing the Petition for Sale, unless such appraisal was filed with the inventory.
A required real-estate appraisal must include the listed property, valuation, assumptions, disinterest, and signature information.
Court's wording
Such written appraisal shall include as a minimum the following elements: A brief description of the property interest being appraised, including the full and legal description thereof. Purpose or objective of the appraisal. Date for which fair market value is determined. Data and reasoning supporting the fair market value. Fair market value determined. Statement of assumptions and special or limiting conditions. Certification of disinterest in real estate. Signature of the appraiser.
All deeds submitted to the Court for approval in either estate or guardianship proceedings shall be signed by the fiduciary and the signature notarized prior to its submission.
A. No fees for fiduciaries or attorneys shall be paid out of any supervised estate or guardianship without prior written order of the Court.
E. Where contracts for legal services have been entered into prior or subsequent to the opening of an estate or guardianship, the awarding of such fees shall require the approval of the Court.
F. All petitions for fees for the attorney and/or fiduciary shall conform to the fee guidelines set forth by this Court.
H. Attorney fees for representing a minor in settlement of a claim for personal injuries are subject to court approval. If the entire attorney fee is to be paid at the same time a structured settlement is approved, the amount of the fee must be based on the present value of the settlement.
B. In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for or nature of the expenditure unless the payee's name indicates the nature of the expenditure.
Guardianship accountings must include and account for social security or Medicare benefits received for an incapacitated person, subject to the stated court-approved exceptions.
Court's wording
A. All social security or Medicare benefits received on behalf of an incapacitated person 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, or because of the amount of such funds, the Court finds that such funds can only be used by the guardian or designated person for the benefit of, or use by, such incapacitated person.
B. All orders for fees in estates shall provide that said fees are to be paid only after approval of the Final Accounting except as otherwise ordered by the Court.
A minor-guardianship petition must include, if known, the child’s residences and household members for the past two years, general school and health information, pending custody litigation, and nonparty claims to custody or visitation.
Court's wording
In every petition for the appointment of a guardian of the person of a minor child, the following information shall be given, in addition to the statutory requirement, if known to the petitioner: 1. The places where the child has lived within the past two years and the names and present addresses of persons with whom the child has lived during that period. 2. General information concerning school, health, etc. 3. Whether any other litigation is pending concerning the custody of the child in this or any other state. 4. Whether any person not a party to the guardianship proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child.
An order approving the Closing Statement shall be required.
A petition to declare an adult incapacitated must be supported by competent evidence filed with the petition or a Physician's Report from the treating doctor; no determination will be made without such support.
Court's wording
In all guardianship matters seeking to declare an adult incapacitated for any reason, the incapacity must be established either by competent evidence presented at the time of the filing of the petition or by a Physician's Report by the doctor treating the alleged incapacitated person. No determination will be made without competent evidence of incapacity or a supporting medical report.
An appointed guardian must post bond unless all funds or assets are placed in a federally insured restricted account or court-approved investment with the stated withdrawal restriction and required wording.
Court's wording
Once a guardian is appointed, then such guardian shall post bond, unless, in lieu of a bond, a fiduciary places all funds or assets in a restricted account at a federally-insured financial institution or in a court approved investment, designating that no principle or interest may be withdrawn 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 _____________________ COURT OF ___________________________, INDIANA.”
The Court must approve every proposed wrongful-death settlement, regardless of the type of estate administration.
Court's wording
All proposed wrongful death settlements must be approved by the Court, whether the estate is supervised, unsupervised, or a special administration for the sole purpose of prosecuting the wrongful death claim.
The fiduciary shall file the following with the Court: Prior to issuance of letters, the fiduciary's attorney shall execute an Attorney's Undertaking for such assets.
When the court agrees to a court reporter’s use of court resources for private practice, the parties must enter a written agreement specifying the market rate, recordkeeping method, and reimbursement method.
Court's wording
If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, workspace, and supplies, and the court agrees to the use of the court equipment for such purposes, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: a. The reasonable market rate for the use of equipment, workspace and supplies; b. The method by which records are to be kept for the use of equipment, workspace and supplies, and c. The method by which the court reporter is to reimburse the court for the use of the equipment, workspace and supplies.
The transcript shall be certified by the Court Administrator and signed by the judge of the court of origination unless the originating judge does not require the transcript to be first approved.
The invoice must be accompanied by a copy of the transcript (to verify page numbers) and the minute entry approving the transcript.
The person who prepares the certified transcript from recordings shall be the person who certifies the transcript as being complete and accurate.
The Clerk shall cause a copy of the rule to accompany the summons for service upon respondents.
All subpoenas shall state a time and date calculated to minimize unnecessary delay and inconvenience to prospective witnesses.
At the fiduciary’s request, the Court may allow restricted liquid assets in place of a bond, with the required withdrawal restriction placed on the account or investment document.
Court's wording
In lieu of a bond, and upon the fiduciary’s request, the Court may restrict transfer of all or part of the estate or guardianship liquid assets by placing those assets in a federally insured financial institution or in a court approved investment 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 ________________________COURT OF _______________________, INDIANA.”
No written appraisal is required to sell market-traded assets whose value is readily ascertainable, including the listed examples.
Court's wording
No written appraisal shall be required for the sale of assets which are traded in a market and the value of which is readily ascertainable. Such assets include, but are not limited to, stocks, bonds, mutual funds, commodities, and precious metals.
Filing & Service rules
Electronic Filing Rules
Attorneys entering an appearance in a Madison County case must be Registered Users under Trial Rule 86(A)(11)(b).
All duly admitted and licensed attorneys entering an appearance in any case in Madison County shall be a Registered User, as defined in Trial Rule 86(A)(11)(b).
Page 23 | ELECTRONIC FILING AND ELECTRONIC SERVICE
Attorneys must e-file in the county.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
The Notice of Pretrial Conference must be filed within 30 days after the petition; if it is not, the court will notify the parties that the action will be dismissed without prejudice in 10 days if no conference is conducted.
If a Notice of Pretrial Conference is not filed within thirty days (30) of the petition being filed, the court shall enter a docket entry notifying the parties that the cause of action shall be dismissed in ten days (10) without prejudice if a pretrial conference is not conducted.
Page 12 | LR48-CR00-10 EXPUNGEMENT OF CONVICTION PROCEDURE
The parties must report the Notice of Pretrial to the court immediately following the conference.
Immediately following the pretrial conference, the parties shall report to the court a “Notice of Pretrial Conference Regarding Petition to Expunge a Conviction” (hereinafter “Notice of Pretrial”) as set forth in Exhibit A of the Madison County Local Rules.
Page 12 | LR48-CR00-10 EXPUNGEMENT OF CONVICTION PROCEDURE
Financial Declarations on forms adopted by the Madison Circuit Court and Indiana Child Support worksheets shall be completed in full, dated and filed prior to trial in all contested matters involving child support or disposition of assets.
Financial Declarations on forms adopted by the Madison Circuit Court and Indiana Child Support worksheets shall be completed in full, dated and filed prior to trial in all contested matters involving child support or disposition of assets.
Page 15 | LR48-FL00-13 REQUIRED EXCHANGE OF BASIC DISCOVERY/FINANCIAL DECLARATIONS/SUPPORT WORK SHEETS
Financial Declarations with current pay stubs must be filed two days before preliminary or final hearings.
Financial Declarations, with current pay stub attached, shall be filed with the Court two (2) days before any preliminary or final hearing.
Page 15 | LR48-FL00-13 REQUIRED EXCHANGE OF BASIC DISCOVERY/FINANCIAL DECLARATIONS/SUPPORT WORK SHEETS
Child-support worksheets must be filed with the Court on the hearing date.
Child support worksheets shall be filed with the Court on the hearing date.
Page 15 | LR48-FL00-13 REQUIRED EXCHANGE OF BASIC DISCOVERY/FINANCIAL DECLARATIONS/SUPPORT WORK SHEETS
The enlargement motion and accompanying order must be filed on or before the original due date for the automatic-enlargement rule to apply.
Said motion and accompanying order must be filed on or before the original due date or this rule shall not apply.
Page 17 | LR48-TR06-17 AUTOMATIC ENLARGEMENT OF TIME
A provisional hearing must be scheduled at least fifteen days after the motion is filed unless the Court grants special leave.
Except by special leave of Court, provisional hearings shall be scheduled not less than fifteen (15) days after the filing of the motion.
Page 19 | LR48-TR40-21 TRIAL AND PROVISIONAL HEARING SETTINGS
A writ of body attachment expires two years after issuance and may be reissued only on good-faith information showing legitimate reasons for renewal.
C. Expiration of Writs of Body Attachment - A writ of body attachment expires 2 years after its issuance. An expired writ may be reissued only upon good faith information being presented to the court justifying legitimate reasons for renewal. (Amended effective June 25, 2016)
Page 20 | LR48-TR64-23 WRITS OF BODY ATTACHMENT
Except in an emergency, a subpoena or notice of hearing must be filed at least four working days before the scheduled hearing for the Bailiff to serve it.
Except in an emergency, a subpoena or notice of hearing will not be served by the Bailiff unless the same has been filed four (4) working days prior to a scheduled hearing.
Page 22 | SUBPOENAS AND NOTICE OF HEARING
The fiduciary must file the signed signature page from the applicable instructions with the Court within 10 days after the Letters issue.
The fiduciary must file the signature page from the Instructions to the Personal Representative or Guardian, signed by the fiduciary with the Court within 10 days of the issuance of the Letters.
Page 24 | MADISON COUNTY LOCAL PROBATE RULES — FILING OF PLEADINGS
Inventory filing periods run from the fiduciary’s appointment date.
All times relate to the date of appointment of the fiduciary.
Page 25 | LR48-PR00-38 INVENTORY
When a bond is required, the fiduciary must file a court-determined corporate surety bond before letters issue; no bond is required in the specified supervised estate or guardianship with a qualified corporate banking fiduciary.
If a bond is required in an estate or guardianship, the fiduciary, prior to the issuance of letters, shall file a corporate surety bond in an amount determined by the Court after considering the following factors: (a) the value of the personal property to be administered; (b) the probable value of annual rents and profits of all property of the estate; (c) the rights of creditors, taxing authorities and devises. No bond shall be required in any supervised estate or guardianship in which a corporate banking fiduciary qualified by law to serve as such is either the fiduciary or one of several co-fiduciaries.
Page 25 | LR48-PR00-37 BOND
A permanent guardian must file an inventory within ninety days of appointment, and a temporary guardian within thirty days.
guardianships, within ninety (90) days for permanent guardians and within thirty (30) days for temporary guardians.
Page 25 | LR48-PR00-38 INVENTORY
Within ten days after the authorizing order, the fiduciary must file an institutional officer’s certification that the account or investment has the required restriction and complies with the rule.
The fiduciary shall thereafter file with the Court, within ten (10) days of the order authorizing the creation of the account or investment, a certification by an officer of the institution at which the account or investment has been created, affirming that the account or investment is restricted as required by the Court order and is in compliance with this rule.
Page 25 | LR48-PR00-37 BOND
A fiduciary must file an inventory in a supervised estate within sixty days of appointment.
Supervised estates, within sixty (60) days;
Page 25 | LR48-PR00-38 INVENTORY
A real-estate appraisal required by the Court must be made within one year of the Petition for Sale.
All such appraisals if required by the Court shall be made within one year of the date of the Petition for Sale.
Page 26 | LR48-PR00-39 REAL ESTATE
An appraisal required by the Court for a Petition to Sell must be made within one year of the petition date.
All appraisals required by the Court shall be made within one year of the date of the Petition to Sell.
Page 26 | LR48-PR00-40 SALE OF ASSETS
Court costs must be paid and all claims satisfied and released by the date the Closing Statement is filed.
All court costs shall be paid and all claims satisfied and released on or before the date of the filing of the Closing Statement.
Page 29 | LR48-PR00-43 UNSUPERVISED ADMINISTRATION
A guardian or the guardian's attorney may petition for fees when filing an inventory or at another time provided by the Court.
C. A guardian or guardian's attorney may petition for fees at the time of filing an inventory, or as otherwise provided by the Court.
Page 27 | LR48-PR00-42 FEES OF ATTORNEY AND FIDUCIARY
Service and Proof of Service Rules
A pleading or motion filed less than five days before a scheduled hearing must be personally served on the presiding Judge.
A copy of any pleading or motion filed less than five days before a scheduled hearing shall be served personally upon the presiding Judge of the case.
Page 9 | F. Adequate Notice to Court
A party offering biologically contaminated evidence must serve all parties with the pretrial notice.
A party who offers 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
Page 10 | E. Biologically Contaminated Evidence
When filing an expungement petition, the petitioner must direct service of a summons with the petition attached on the Madison County Prosecuting Attorney, except that the court issues the summons for petitions under Ind. Code 35-38-9-1.
Upon filing a Petition to Expunge, the Petitioner shall direct a summons to be served upon the Madison County Prosecuting Attorney with a copy of the petition attached, other than a Petition to Expunge filed pursuant to Ind. Code 35-38-9-1 in which case the court issues the summons to the prosecuting attorney.
Page 12 | LR48-CR00-10 EXPUNGEMENT OF CONVICTION PROCEDURE
After a Special Judge qualifies, counsel must mail or deliver a copy of each subsequent pleading or paper to that Judge’s office and indicate service on the certificate of service.
A copy of each pleading or each paper filed with the Court after a Special Judge has qualified shall be mailed or delivered by counsel to the office of that Special Judge with service to that Special Judge indicated on the certificate of service.
Page 16 | LR48-TR79-16 SPECIAL JUDGE SELECTION
An attorney must give the party ten days’ written notice of the intention to seek permission to withdraw.
The attorney shall give the party ten (10) day written notice of the attorney’s intention to seek permission to withdraw.
Page 19
For certified-mail service, an attorney or pro se litigant must provide a typed certified-mail card and envelope for each litigant.
For service by certified mail, the attorney, or litigant pro se, shall provide a typed certified mail card and envelope for each litigant.
Page 22 | REQUIREMENTS FOR SERVICE BY CERTIFIED MAIL
After initiating a lawsuit, being served, intervening, or otherwise appearing, a party must keep the Court and other parties advised of changes to its residential or legally designated service address until the stated termination condition applies.
After a party has initiated a lawsuit, been served process, intervened or otherwise appeared as a party to an action, that party has an ongoing obligation to keep the Court and other parties advised of any change in that party’s residential address or other address provided by law as appropriate for service of process. This obligation continues until such time as that party is dismissed from the action, the litigation is concluded without a judgment against that party, or until any judgment entered against the party is satisfied or released.
Page 22 | DUTY TO UPDATE SERVICE ADDRESS
When publication or written notice by U.S. Mail is required, the attorney must prepare and properly publish or serve the notice, ensure statutory compliance, and provide adequate proof of service before bringing the matter to the Court.
Whenever notice by publication and/or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published and/or served by mail. In all respects, the notice shall comply with all statutory requirements. It shall be the attorney’s responsibility to ascertain and provide adequate proof thereof regarding whether notice was properly served prior to bringing a matter to the Court.
Page 23 | MADISON COUNTY LOCAL PROBATE RULES — NOTICE
Copies of an estate or guardianship account, including a final account in a supervised estate, must be served with the hearing notice.
Whenever any estate or guardianship account (including a final account in a supervised estate) is set for hearing, copies of the account must be served with the notice of hearing.
Page 23 | MADISON COUNTY LOCAL PROBATE RULES — NOTICE
If the proposed order includes the distribution list and addresses, the court reporter forwards the signed order to the Clerk’s office for mailing to non-party distributes; otherwise, the reporter distributes it electronically to parties and the party seeking the order must distribute it further to non-parties.
When such distribution list and addresses are included in the proposed order, the court reporter is responsible to forward the signed order to the Clerk’s office to be mailed to all non-party distributes. If such distribution list and addresses are not included in the proposed order, the court reporter shall distribute the order electronically to parties, and the party seeking the order shall be responsible for further distribution to non-parties.
Page 22 | ORDERS/DECREES (FORM OF)
The failure to notify a subpoenaed witness that a cause has been continued or settled may result in an assessment of mileage and costs against counsel responsible for the failure.
The failure to notify a subpoenaed witness that a cause has been continued or settled may result in an assessment of mileage and costs against counsel responsible for the failure.
Page 22 | SUBPOENAS AND NOTICE OF HEARING
Notice of an estate’s opening must be sent by First Class U.S. Mail to reasonably ascertainable creditors; certified mail with return receipt requested is recommended.
Notice of the opening of an estate shall be sent by First Class United States Mail to all reasonably ascertainable creditors; however, the use of “certified mail, return receipt requested,” to serve such notice is recommended.
Page 24 | MADISON COUNTY LOCAL PROBATE RULES — NOTICE
The Court may, in its discretion, allow notice of an insolvency-petition hearing to be served on all interested parties.
Notice of the hearing to be held on a Petition to determine an estate insolvent may be served on all interested parties, at the discretion of the Court.
Page 24 | MADISON COUNTY LOCAL PROBATE RULES — NOTICE
Filing Fees and Waivers
Each party must pay a $45 seminar fee, which may be deferred upon a showing of indigence.
Each party shall pay a fee of forty- five dollars ($45.00) for the dissolution education seminar. Seminar fees may be deferred upon a showing of indigence.
Page 16 | LR48-AR00-14 CHILDREN AND DISSOLUTION PROCEEDINGS
The Clerk must collect the petitioner’s seminar fee when the petition is filed, and the respondent’s fee is due when scheduling.
The Clerk shall bring this rule to the attention of all dissolution and separation petitioners and shall collect the petitioner’s fee at the time of filing. The respondent’s fee is due at the time of scheduling.
Page 16 | LR48-AR00-14 CHILDREN AND DISSOLUTION PROCEEDINGS
Court costs must be paid and all claims satisfied and released before the Final Account hearing.
C. All court costs shall be paid and all claims satisfied and released before the hearing on the Final Account.
Page 27 | LR48-PR00-41 ACCOUNTING
Problem-Solving Court participants owe a monthly $40 Court User Fee after their first six weeks of participation, due on the 10th of each new month.
Participants do not accrue a Court User Fee for the first six (6) weeks of their participation in Problem Solving Court, thereafter the following fees are assessed: Drug Court: Monthly Court User Fee of $40.00 Mental Health Court: Monthly Court User Fee of $40.00 Re-entry Court: Monthly Court User Fee of $40.00 Court User Fees are due the 10th of each new month.
Page 12 | LR48-CR2.2-09 PROBLEM SOLVING COURTS
Sealing & Redaction Procedures
On a personal representative’s request, the Court may seal an inventory in its discretion; a sealed inventory must be kept in the court reporter’s evidence file.
In the event that the personal representative should request that an inventory be sealed, the Court may, in its sole discretion, seal such inventory. If an inventory is sealed, it shall be maintained in the court reporter's evidence file in the Court in which such estate is filed.
Page 26 | LR48-PR00-38 INVENTORY
Pre-Motion Conference Requirements
Trial settings must be pursued in consultation with opposing counsel and the Court; if counsel cannot agree, the moving party may file a motion for trial setting.
Causes shall be calendared in consultation with opposing counsel and the Court. In the event counsel are unable to agree upon a trial setting, the moving party may file a motion for trial setting with the Court.
Page 19 | LR48-TR40-21 TRIAL AND PROVISIONAL HEARING SETTINGS
Adjournment & Extension Requirements
If requested upon receipt of the Notice of Pretrial, the court shall grant the State additional time to answer or otherwise respond to the petition.
Upon receipt of the Notice of Pretrial the court shall do the following if requested: 1. Grant leave for additional time in which for the State to answer or otherwise file a response to the petition.
Page 13
An initial written motion to enlarge time to respond to a claim is automatically allowed for 30 additional days without a written court order; extensions beyond 30 days require a showing of necessity, and the rule does not apply to small-claims matters.
An initial written motion for enlargement of time, pursuant to Trial Rule 6(B)(1), to respond to a claim shall be automatically allowed for an additional thirty (30) days from the original due date without written order of the Court. Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is enlarged. Said motion and accompanying order must be filed on or before the original due date or this rule shall not apply. An enlargement in excess of thirty (30) days will be permitted by the Court only upon a showing of necessity. This rule does not apply to matters on the small claims docket.
Page 17 | LR48-TR06-17 AUTOMATIC ENLARGEMENT OF TIME
Unless made in open court, a continuance motion must be written and provide the hearing or trial date and time, reason, opposing counsel’s or party’s position, notice details if the opponent does not consent, and specified information about any conflicting trial-calendar matter.
Unless made in open Court, motions for continuance shall be in writing and shall include the following information: 1. The date and time of the hearing or trial for which a continuance is being sought and the reason for the request. 2. Whether opposing counsel (or party) agrees with or objects to said request. 3. If the opposing party or their counsel do not consent to the continuance, the date and time opposing counsel (or pro se opponent) was advised that a continuance would be requested. 4. If the continuance is requested because of conflicts on counsel's trial calendar: the conflicting cause number, current status of the conflicting cause, and the date said conflicting cause was set for hearing.
Page 17 | LR48-TR53-18 CONTINUANCES
A case may not be continued or removed from the trial calendar without court approval.
No case shall be continued or removed from the trial calendar without approval of the court.
Page 18 | LR48-TR53-18 CONTINUANCES
A continuance motion must be filed at least five days before a bench trial or hearing, or at least ten days before a jury trial, unless good cause is shown.
No motions for continuance will be considered unless filed at least five (5) days before a bench trial or hearing, unless good cause is shown, and at least ten (10) days before a jury trial, unless good cause is shown.
Page 18 | LR48-TR53-18 CONTINUANCES
Continuances of preliminary hearings are disfavored and will not be granted when requested less than five days before the hearing.
The continuance of a preliminary hearing is not favored and will NOT be granted when requested less than five (5) days before the hearing.
Page 18 | LR48-TR53-18 CONTINUANCES
A motion for change of venue from the judge or county must not cause a preliminary motion hearing to be continued when immediate or emergency relief may be required.
A motion for change of venue from the Judge or county shall NOT cause a preliminary motion hearing to be continued where immediate or emergency relief may be required.
Page 18 | LR48-TR53-18 CONTINUANCES
Chambers Communication Rules
Personal representatives and guardians must personally notify the Court and attorney of record in writing of changes to required information, such as name, address, or telephone number.
All personal representatives or guardians are under a continuing order of the Court to personally advise the Court and the attorney of record, in writing, as to any change of any required information such as name, address, or telephone number.
Page 24 | MADISON COUNTY LOCAL PROBATE RULES — ATTENDANCE OF PROPOSED FIDUCIARIES
Seminar scheduling must be arranged with the Office of Court Administration at 641-9503, Room 417, Courthouse, Anderson, Indiana.
Seminar scheduling shall be arranged with the Office of Court Administration (phone 641-9503), Room 417, Courthouse, Anderson, Indiana.
Page 16 | LR48-AR00-14 CHILDREN AND DISSOLUTION PROCEEDINGS
Contact the local court directly about jury duty, upcoming court dates, or case documents that are unavailable online.
Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts