Madison County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Restricted account or investment document

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.

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financial institution or in a court approved investment, designating that no principle or interest may be withdrawn without a written order of the Court, and with the following restriction placed on the face of the account or in the investment document: “NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF _____________________ COURT OF ___________________________, INDIANA.”

CRITICAL

Applies to

Order

All parties must prepare orders for every proceeding unless the Court expressly directs otherwise.

All parties are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.

CRITICAL

Applies to

Wrongful death settlement

The Court must approve every proposed wrongful-death settlement, regardless of the type of estate administration.

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.

CRITICAL

Applies to

Attorneys undertaking

The fiduciary must file an Attorney’s Undertaking executed by the fiduciary’s attorney before letters are issued.

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.

CRITICAL

Applies to

Financial declaration and child support worksheet

In contested matters involving child support or disposition of assets, the financial declarations and child-support worksheets must be completed in full and dated.

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.

CRITICAL

Applies to

Notice

When a hearing arises from matters in a petition or motion, copies of that petition or motion must be sent with all notices.

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.

CRITICAL

Applies to

Notice of pretrial conference

Immediately after the pretrial conference, the parties must report to the court the Notice of Pretrial in the form set forth in Exhibit A.

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.

CRITICAL

Applies to

Affidavit of compliance

The affidavit of compliance with creditor-notice provisions in an estate proceeding must be timely filed with the Clerk.

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.

CRITICAL

Applies to

Application for writ of body attachment

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.

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.

CRITICAL

Applies to

Fee payment

Fiduciary or attorney fees may not be paid from a supervised estate or guardianship without a prior written court order.

A. No fees for fiduciaries or attorneys shall be paid out of any supervised estate or guardianship without prior written order of the Court.

CRITICAL

Applies to

Legal services contract fee award

The Court must approve fees awarded under legal-services contracts entered into before or after an estate or guardianship is opened.

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.

CRITICAL

Applies to

Notice of pretrial

A notice of pretrial must be filed before the court may grant a Petition to Expunge or set the matter for hearing.

The court shall not grant a Petition to Expunge or set the matter for hearing until a notice of pretrial has been filed.

CRITICAL

Applies to

Financial declaration

A Financial Declaration with a current pay stub attached must be filed two days before any preliminary or final hearing.

Financial Declarations, with current pay stub attached, shall be filed with the Court two (2) days before any preliminary or final hearing.

CRITICAL

Applies to

Civil warrant information sheet

Before a writ of body attachment can issue, the requesting party must complete the Clerk’s civil warrant information sheet form.

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.

CRITICAL

Applies to

Document

A document for which distribution is requested must include a distribution list at the end.

All documents for which distribution is requested shall include a distribution list at the end of document.

CRITICAL

Applies to

Attorney or fiduciary fee petition

All attorney and fiduciary fee petitions must conform to the Court's fee guidelines.

F. All petitions for fees for the attorney and/or fiduciary shall conform to the fee guidelines set forth by this Court.

CRITICAL

Applies to

Post judgment document

Documents to be sent by certified mail must be accompanied by an addressed, properly postage-paid envelope or postage payment to the Clerk.

Documents to be sent by certified mail must be accompanied by an addressed envelope bearing proper postage, or postage payment to the Clerk.

CRITICAL

Applies to

Motion for trial setting

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.

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.

CRITICAL

Applies to

Petition

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.

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.

CRITICAL

Applies to

Document

Parties not included on a document’s distribution list may not receive distribution of that document.

Distribution may not be made to parties not included on the distribution list.

CRITICAL

Applies to

Written appearance

When it intervenes in an existing cause, the Title IV-D Prosecutor’s Office must file a written appearance with a Title IV-D court reporter.

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.

CRITICAL

Applies to

Motion for continuance

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.

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.

CRITICAL

Applies to

Petition to sell personal property

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.

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.

CRITICAL

Applies to

Proposed order

Counsel must submit the names and mailing addresses of all distributes with a proposed order.

On proposed orders, counsel shall submit the names and mailing addresses of all distributes.

CRITICAL

Applies to

Subsequent inventory

Each inventory filed after a partial inventory must recapitulate the prior inventories.

In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of prior inventories.

CRITICAL

Applies to

Petition for sale

If the Court requires it, a written professional appraisal must be filed with a Petition for Sale of real estate unless it was already filed with the inventory.

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.

CRITICAL

Applies to

Corporate surety bond

Every corporate bond in an estate or guardianship must show the surety insurance agency’s name and address in typed or printed form.

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.

CRITICAL

Applies to

Motion for enlargement of time

A motion for enlargement of time must state the response’s due date and the date to which the time is enlarged.

Any motion filed pursuant to this rule shall state the date when such response is due and the date to which time is enlarged.

CRITICAL

Applies to

Certificate of service

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.

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.

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 and serve all the parties so that the court can consider the issue and rule

CRITICAL

Applies to

Notice of intent to withdraw

The withdrawal notice must warn of potential consequences, identify any scheduled hearing or trial date, and include other pertinent information.

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.

CRITICAL

Applies to

Proposed ccs entry

Moving counsel or the moving party must submit a proposed CCS entry confirming the hearing date, time, and hearing officer.

A proposed CCS entry shall be submitted by moving counsel, or party, confirming the hearing date, time, and hearing officer.

CRITICAL

Applies to

Pleadings

When pleadings are filed by mail or left with the Court, include a self-addressed, stamped envelope for return of documents unless Courthouse mail is available.

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.

CRITICAL

Applies to

Sheriff deed

Mortgagee’s counsel must submit a form of Sheriff’s Deed with blanks for the purchaser’s name and tax-billing address, to be completed by the Sheriff or Deputy immediately after the sale.

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;

CRITICAL

Applies to

Caption

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.

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.)

CRITICAL

Applies to

Pleading motion or proposed ccs entry

A pro se party’s pleading, motion, or proposed CCS entry will not be accepted unless it lists current addresses and phone numbers for both the litigant and the opposing party.

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.

CRITICAL

Applies to

Attorney fee for minor personal injury settlement

Attorney fees for representing a minor in a personal-injury settlement require court approval; if paid when a structured settlement is approved, the fee must be based on the settlement's present value.

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.

CRITICAL

Applies to

Supervised estate or guardianship accounting

Each expenditure in a supervised estate or guardianship accounting must be annotated with its reason or nature unless the payee's name makes that nature clear.

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.

CRITICAL

Applies to

Pleading

Attorney-signed pleadings must include the attorney’s original written signature, identifying and contact information, and the party represented.

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.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must indicate service on the Special Judge for each pleading or paper filed after the Judge qualifies.

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.

CRITICAL

Applies to

Written appraisal

A required real-estate appraisal must include the listed property, valuation, assumptions, disinterest, and signature information.

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.

CRITICAL

Applies to

Foreclosure judgment or decree

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.

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.

CRITICAL

Applies to

Mediation conference information

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.

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.

CRITICAL

Applies to

Post judgment document

Post-judgment documents for distribution by first-class mail must be submitted with a prepaid, addressed envelope for each recipient.

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.

CRITICAL

Applies to

Motion to withdraw appearance

An attorney seeking permission to withdraw must file a written motion stating the justification.

In all other circumstances, an attorney seeking permission to withdraw an appearance shall file a written motion stating justification for the withdrawal.

CRITICAL

Applies to

Motion for continuance

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.

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.

CRITICAL

Applies to

Mediation conference information

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.

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.

CRITICAL

Applies to

Guardianship accounting

Guardianship accountings must include and account for social security or Medicare benefits received for an incapacitated person, subject to the stated court-approved exceptions.

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.

CRITICAL

Applies to

Petition to open estate or guardianship

A petition to open an estate or guardianship must state the probable value of personal property and estimated annual rents and profits.

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.

CRITICAL

Applies to

Court instructions

When an estate or guardianship is opened, the attorney must provide the Court’s instructions to all personal representatives and guardians.

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.