Madison County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Closing statement

An order approving the Closing Statement is required.

An order approving the Closing Statement shall be required.

CRITICAL

Applies to

Proposed order or decree

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.

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.

CRITICAL

Applies to

Proposed order

Must include

caption

Every proposed order must include an abbreviated caption with the complete cause number on its second and subsequent pages.

The second and subsequent pages of all proposed orders shall contain an abbreviated case caption including the complete cause number.

CRITICAL

Applies to

Proposed judgment or decree

A proposed judgment or decree submitted in an MF case type must include a proposed CCS entry.

Proposed judgments or decrees submitted to the Court in MF case types shall include a proposed CCS entry.

CRITICAL

Applies to

Estate fee order

Estate fee orders must provide that fees are payable only after approval of the Final Accounting, unless the Court orders otherwise.

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.

CRITICAL

Applies to

Notice of appearance

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.

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.

CRITICAL

Applies to

Deed

A deed submitted for Court approval in an estate or guardianship proceeding must be signed by the fiduciary and notarized before submission.

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.

CRITICAL

Applies to

Petition

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.

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.

WARNING

Applies to

Account or investment document

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.

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.”

WARNING

Applies to

Transcript

A transcript must be certified by the Court Administrator and signed by the originating-court judge unless that judge does not require prior approval.

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.

WARNING

Applies to

Summons

A copy of the rule must accompany the summons served on respondents.

The Clerk shall cause a copy of the rule to accompany the summons for service upon respondents.

WARNING

Applies to

Subpoena

A subpoena must state a time and date calculated to minimize unnecessary delay and inconvenience to prospective witnesses.

All subpoenas shall state a time and date calculated to minimize unnecessary delay and inconvenience to prospective witnesses.

WARNING

Applies to

Invoice

A transcript invoice must be accompanied by a copy of the transcript and the minute entry approving it.

The invoice must be accompanied by a copy of the transcript (to verify page numbers) and the minute entry approving the transcript.

WARNING

Applies to

Certified transcript

The person who prepares a certified transcript from a recording must also certify that it is complete and accurate.

The person who prepares the certified transcript from recordings shall be the person who certifies the transcript as being complete and accurate.

WARNING

Applies to

Written agreement

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.

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.

WARNING

Applies to

Written appraisal

No written appraisal is required to sell market-traded assets whose value is readily ascertainable, including the listed examples.

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.