Marion Superior Court Document Filing Requirements

Applies to

Pleading petition or motion

Must include

proposed order

Every pleading, petition, and motion must be accompanied by a proposed order.

All pleadings, petitions, and motions shall be filed electronically with the Clerk of Courts during filing hours established by the Clerk and the Court and shall be accompanied by a proposed order.

Applies to

Vids

The plaintiff's Verified Initial Disclosure Statement must be signed under oath.

1. Plaintiff’s VIDS shall be signed under oath.

Applies to

Notice of refile

A criminal case refiled after dismissal must be returned to the original court and accompanied by a Notice of Refile containing specified information about the prior case.

When the State of Indiana dismisses a case, and chooses to refile that case, the case shall be refiled in the court where the case was originally docketed. The refiled case must be accompanied with a Notice of Refile including the following information about the previously filed case: 1) cause number; 2) date of arrest; 3) days of incarceration; 4) days on bond; 5) date of dismissal; and 6) whether a request has been made under Criminal Rule 4 for a fast and speedy trial, if so the date the request was made and the time accrual since that date.

Applies to

Withdrawal of appearance letter

The withdrawal letter must warn the client of possible dismissal or default and provide pertinent scheduling information.

The letter of withdrawal shall explain to the client that failure to secure new counsel may result in dismissal of the client’s case or a default judgment may be entered against him, whichever is appropriate, and other pertinent information such as trial setting date or any other hearing date.

Applies to

Motion

Except for initial motions under subsection D, every motion must state whether the opposing parties object to or approve of its grant.

Except for initial motions made pursuant to subsection D herein, all motions filed with the court shall include a brief statement indicating whether opposing party(ies) object to or approve of the granting of said motion.

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order.

All motions must be accompanied by a proposed order.

Applies to

Pleading

Must include

caption

Every pleading must include a caption identifying the court, division and room number, action title, and file number.

B. Caption. Every pleading shall contain a caption setting forth the name of the Court, the Division and Room Number, the title of the action and the file number.

Applies to

Pleading or motion

Every pleading and motion must include the attorney's signature and specified identifying, contact, firm, and party-representation information.

E. Signature. All pleadings and motions shall contain the original or authorized signature of the attorney, the name of the attorney in typed or printed form, the name of the law firm if a member of a firm, the attorney’s address, identification number, e-mail address, telephone number, fax number, and the designation as to the party for whom he appears.

Applies to

Brief or supporting memorandum

Counsel must file an original and one copy of every brief and memorandum of law supporting a motion.

D. Number. Counsel shall file with the court an original and one copy of all briefs, and memoranda of law filed in support of a motion.

Applies to

Appearance form

The initiating party must file an appearance form when commencing the action.

E. Appearance Form. Pursuant to Trial Rule 3.1(A), an appearance form shall be filed by the initiating party at the time an action commenced.

Applies to

Case management order

Parties must file a joint Case Management Order within ten days after the meeting, with the seven listed subjects.

Within ten (10) days after meeting those attending are to file a joint Case Management Order setting forth:

Applies to

Pretrial stipulation

Plaintiff's counsel must ensure that a pre-trial stipulation executed by all counsel is filed no later than five days before the pre-trial conference.

Counsel for the plaintiff shall see that a pre-trial stipulation is prepared, executed by counsel for all parties, and filed with the Court no later than five days prior to the pre-trial conference.

Applies to

Pretrial stipulation

The pre-trial stipulation must contain the eleven specified statements in separately numbered paragraphs, including the attached exhibit schedules and witness list.

The pre-trial stipulation shall contain the following statements in separate numbered paragraphs as indicated:

Applies to

Pretrial stipulation

If all counsel do not execute the pre-trial stipulation, each counsel must file a proposed stipulation with an explanation of the lack of agreement no later than five days before the conference.

If for any reason the pre-trial stipulation is not executed by all counsel, each counsel shall file a proposed pre-trial stipulation not later than five days prior to the pre-trial conference with a statement why no agreement was reached.

Applies to

Memorandum of law

Counsel must file a memorandum addressing unusual questions of trial law no later than five days before the pre-trial conference.

D. Memoranda of Law. Counsel shall file memoranda treating any unusual questions of law involved in the trial no later than five days prior to the pre-trial conference.

Applies to

Proposed jury instructions

Counsel must submit proposed jury instructions to the Court seven days before trial and provide copies to all other counsel.

Seven days prior to trial, counsel shall submit proposed jury instructions to the Court, with copies to all other counsel.

Applies to

Proposed jury instructions

Each proposed jury instruction must include citations to supporting authority.

Each instruction shall be accompanied by citations of authority.

Applies to

Objections to proposed jury instructions

Written objections to proposed jury instructions must be submitted to the Court on or before the first day of trial.

Written objections to proposed jury instructions shall be submitted to the Court on or before the first day of trial.

Applies to

Objections to proposed jury instructions

Each written objection must be numbered, distinctly identify the objectionable matter, and include citations to authority.

Written objections shall be numbered and shall specify distinctly the objectionable matter in the proposed instruction. Each objection shall be accompanied by citations of authority.

Applies to

Proposed order

Must include

proposed order

Counsel for the party that initiated the litigation must submit a proposed order appointing the selected mediator.

Upon selection of the mediator, counsel for the party that initiated the litigation shall submit a proposed order appointing the mediator selected in the case.

Applies to

Complaint

A case transferred from Marion County Small Claims Court for jury trial or appeal must be fully repleaded beginning with a new compliant Complaint filed by the plaintiff below.

shall be replead in its entirety commencing with the plaintiff below filing a new Complaint in compliance with the Indiana Rules of Trial Procedure.

Applies to

Appearance form

Pro se litigants must complete the attorney-information section of the appearance form.

Attorney information (as applicable for service of process): (Pro Se litigants must complete this)

Applies to

Fiduciary appointment application

A fiduciary appointment application must state the proposed fiduciary’s qualifications, including residence or business address, education, employment or other status, financial-management experience, felony convictions if any, capacity, and attorney contact and identifying information.

The application shall include the following information regarding the proposed fiduciary’s qualifications to serve:

Applies to

Fiduciary appointment petition

For a nonresident individual or corporate fiduciary, the appointment petition must contain the required additional statements.

As required by I.C. 29-1-10-1, if the proposed fiduciary is a nonresident individual or a corporate fiduciary, the petition must also include the following:

Applies to

Will probate petition

A petition to probate a will with administration or to spread the will of record must include the original will.

All petitions to probate a Will with administration or to Spread the Will of Record must be accompanied by the original Will.

Applies to

Will probate petition

An electronically offered original will must be accompanied by MSCPR Form 401.2.

When an original will is offered for probate electronically then MSCPR Form 401.2, Affidavit Regarding Original Will Offered for Probate Electronically, must accompany the petition.

Applies to

Will probate petition

When filing a will electronically for probate with administration, the filer must retain or give the original will to the personal representative’s attorney until the estate closes and the representative is released from liability.

When a petition to probate a Will with administration is filed the party offering the Will electronically shall retain or deposit with the attorney for the Personal Representative the original of the electronically filed Will until the Decedent’s estate is closed and the Personal Representative is released from liability.

Applies to

Petition to spread will of record

When filing a will electronically to spread it of record, the filer must retain or deposit the original with their attorney until the will-contest filing period expires.

When a petition to Spread the Will of Record is filed the party offering the Will electronically will retain or deposit with their attorney the original of the electronically filed Will until the expiration of the time for filing a will contest.

Applies to

Will probate petition

If only a copy of the will can be located, the petition must include the copy and a Proof of Lost Will and Affidavit substantially conforming to MSCPR Form 401.3.

In the event that only a copy of the Will can be located, the copy of the Will and Proof of Lost Will and Affidavit, substantially in accordance with MSCPR Form 401.3, must accompany the petition.

Applies to

Request for court relief

A party may use a motion for relief permitted by a generally applicable court rule or for administrative, ministerial, or scheduling matters; all other requests for court action must be made by written petition.

Parties may file motions to request relief or action by the Court where motions are permitted under a generally applicable Rule of Court (such as the Indiana Rules of Trial Procedure or the Indiana Rules of Evidence) or for purely administrative, ministerial, or scheduling matters. All other requests for relief or action by the Court shall be made by the appropriate written petition filed with the Court.

Applies to

Estate or guardianship filing

Estate and guardianship motions, petitions, inventories, and accounts must be notarized or include the stated perjury verification.

All motions, petitions, inventories and accounts in estates or guardianships shall be notarized or verified with the statement, “I verify under the penalties for perjury that the above statements are true.”

Applies to

Estate or guardianship filing

Estate and guardianship pleadings, motions, inventories, and accounts must include the fiduciary attorney’s full contact information.

All pleadings, motions, inventories and accounts in estates and guardianships shall contain the name, attorney number, office address, telephone number, fax number and email address of the attorney for the fiduciary.

Applies to

Claim motion or pleading

Claims, motions, and pleadings filed by or for creditors or other nonfiduciary interested persons must include the filing attorney’s full contact information.

All claims, motions, and pleadings filed by or on behalf of creditors or other interested persons who are not fiduciaries shall contain the name, attorney number, office address, telephone number, fax number and email address of the attorney for the creditor or other interested person.

Applies to

Motion

Must include

proposed order

Every moving party must provide proposed orders for the court’s rulings.

A moving party shall provide proposed orders for rulings.

Applies to

Petition for appointment

Must include

proposed order

Proposed letters testamentary, letters of administration, and letters of guardianship must accompany the petition for appointment.

Proposed Letters Testamentary, Letters of Administration or Letters of Guardianship shall be filed with the Petition for Appointment.

Applies to

Notice

Must include

proposed order

A notice concerning possible fiduciary non-compliance must include a proposed order substantially following MSCPR Form 402.4.

The notice and required proposed Order shall be substantially in accordance with the form of MSCPR Form 402.4.

Applies to

Petition

A petition requesting provisional orders in a dissolution, legal-separation, or paternity matter must use the prescribed title.

A. Provisional Orders. A request for provisional orders may be made a part of the petition for dissolution of marriage, legal separation or paternity, in which case the petition shall be titled "Petition for Dissolution of Marriage [Legal Separation] [Paternity] and for Provisional Orders".

Applies to

Attorney undertaking

When the court authorizes a restricted account in lieu of a bond, the fiduciary and attorney must execute the court’s attorney’s undertaking, substantially in the form of MSCPR Form 409.4.

409.4 At the time the Court authorizes the creation of the account in lieu of a bond, the fiduciary and his or her attorney shall execute the Court's attorney's undertaking making the attorney personally responsible for the deposit of the funds in a restricted account. The attorney’s undertaking shall be substantially in accordance with the form of MSCPR Form 409.4.

Applies to

Certificate

Within 30 days after the order authorizing a restricted account or investment, an officer’s certificate confirming the restriction must be filed with the court, substantially in the form of MSCPR Form 409.5.

409.5. Within thirty (30) days after an Order authorizing the creation of the account or investment, a certificate by an officer of the institution at which the account or investment has been created shall be filed with the Court which affirms that the account or investment is restricted as required by Court order. The certification shall be substantially in accordance with the form of MSCPR Form 409.5.

Applies to

Financial account

As a court-approved alternative to a bond, a guardian may restrict liquid assets in a federally insured financial institution or brokerage account, but the specified written-order restriction must appear on the face of each account or account document.

409.3 Subject to the discretion of the Court, in lieu of a bond otherwise required by law or by the Court, a Guardian may restrict transfer of all or part of the liquid assets of a Guardianship by placing those assets in a federally-insured financial institution or in a brokerage account (or any combination of the two) with the following restriction placed on the face of each account or document creating or evidencing the account: NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF THE MARION SUPERIOR COURT 8, PROBATE DIVISION.

Applies to

Accounting

Each accounting disbursement must be a separate line item stating its date, payment identifier, payee, amount, and, when necessary, a sufficient description of its proper estate-administration or guardianship purpose.

Each disbursement (expenditure or distribution) must appear as a separate line item and must include the following information: (a) Date of the disbursement; (b) Check number or other identifying number for the method of payment used; (c) The payee’s name; (d) The amount of the disbursement; and (e) If the purpose or reason for the disbursement is not apparent from the information presented under (a) through (d), a brief description of the purpose or reason that is sufficient to show that the disbursement was made in the course of the proper administration of the estate or, in a guardianship, was made for the support or benefit of the incapacitated person or minor.

Applies to

Accounting

An accounting must include a final schedule describing each asset or investment, its value or closing balance at the accounting-period end, and the cost basis or inventory value of real or tangible personal property.

When a personal representative or guardian files an accounting under MSCPR 411.1 or MSCPR 411.5, he or she must include, in the last schedule of the accounting, the following information with respect to the money or property that is on hand in the estate or the guardianship estate as of the ending date of the accounting period: (a) a description of each asset or investment, such as the name and partial account number of each account held with a financial institution, securities broker, or mutual fund; (b) the value or closing balance of each such asset or investment as of the ending date (market values as of the last statement date are sufficient for publicly-traded investments); and (c) for real property or tangible personal property, the cost basis or inventory value of such property, as most recently revised (if at all) in a schedule of capital changes under MSCPR 411.9.

Applies to

Accounting

With each accounting, the filer must submit statement pages covering the months containing the accounting period's beginning and ending dates.

With each accounting, the personal representative or guardian must file copies of pages from bank account statements, brokerage or mutual fund statements, etc. for the months in which the beginning and ending dates of the accounting period fall, in order to confirm that the beginning and ending asset balances for the estate or guardianship estate agree with the opening and closing total mounts shown in the accounting.

Applies to

Petition for sale

A qualified real-estate professional's written appraisal or market analysis must accompany the sale petition unless already filed with the inventory.

In all supervised estates and guardianships in which real property is to be sold, a written appraisal or market analysis by a qualified real estate professional shall be filed with the Petition for Sale, unless such document was previously filed with the Inventory.

Applies to

Notice of appearance

Counsel for both initiating and responding parties must file a new appearance in every post-dissolution or paternity-decree action.

Counsel for both initiating and responding parties shall be required to file a new appearance in any post dissolution or paternity decree action.

Applies to

Petition for sale

A written valuation basis must be filed with the sale petition unless it was already filed with the inventory.

In all supervised estates and guardianships in which personal property is to be sold, a written basis for valuation shall be filed with the Court with the Petition for Sale, unless such document was previously filed with the Inventory.

Applies to

Current report

A guardian's current report must state the person's residence, condition, and general welfare, and must include a treating physician's report for an adult verifying unchanged incapacity.

Current reports filed by a guardian of the person shall state the present residence of the incapacitated person and a statement of the incapacitated person's current condition and general welfare. If the incapacitated person is an adult, a report of a treating physician shall be filed with the current report verifying that the incapacity of the person remains unchanged since the date the guardianship was established or the date of the last current report.

Applies to

Estate report

A personal representative must attach the specified federal and Indiana tax closing letters, when applicable, and the Treasurer’s official receipt to the Court’s original copy of the estate report.

When a Final Report (Closing Statement) is filed in an unsupervised estate or when a Supplemental Report of Distribution is filed in a supervised estate, the personal representative must attach copies of the following documents to the Court’s original copy of the Report: (a) The federal estate tax closing letter, if any; (b) The Indiana inheritance tax closing letter (unless the Report recites that an inheritance tax exemption affidavit has been filed or recorded under I.C. §6-4.1-4-0.5); and (c) The Treasurer’s official receipt showing full payment of the Indiana inheritance tax and estate tax (if any) that was due.

Applies to

No inheritance tax petition

A petition seeking a determination that no Indiana inheritance tax is due must state sufficient information showing that no transferee has received or will receive assets exceeding the applicable exemption, including the total value of reportable property transfers.

In a petition under I.C. §6-4.1-5-7 to request an order determining that no Indiana inheritance tax is due, the personal representative or trustee who files the petition must state sufficient information to show that no transferee (distributee or beneficiary) has received or will receive assets with a total value exceeding his or her inheritance tax exemption. Such required information includes but is not limited to a statement of the total value of the decedent’s property transfers that would be reported on an inheritance tax return if one were filed.

Applies to

Instructions to guardian

Before appointment and issuance of letters, the guardian and attorney must execute and file the applicable prescribed instructions form, and the Court will not accept a substitute form.

The Court’s Instructions to the guardian, executed by the guardian and his or her attorney, must be filed with the Court prior to Court appointment and the issuance of letters. These Instructions are to be considered as direct Orders of the Court. Instructions to Guardian MSCPR Form 412.0 (when the guardianship will be of the person only) or MSCPR Form 412.1 (when the guardianship will apply to the minor’s or incapacitated adult’s property) must be completed and filed with the Court. No substitute form will be accepted by the Court.

Applies to

Instructions to personal representative supervised estate

Before appointment and issuance of letters, the personal representative and attorney must execute and file MSCPR Form 412.2 for a supervised estate, and the Court will not accept a substitute form.

The Court’s Instructions to the personal representative of a supervised estate, executed by the personal representative and his or her attorney, must be filed with the Court prior to Court appointment ===== PAGE 78 ===== and the issuance of letters. These Instructions are to be considered as direct Orders of the Court. Instructions to Personal Representatives of Supervised Estates MSCPR Form 412.2 must be completed and filed with the Court. No substitute form will be accepted by the Court.

Applies to

Instructions to personal representative unsupervised estate

Before appointment and issuance of letters, the personal representative and attorney must execute and file MSCPR Form 412.3 for an unsupervised estate, and the Court will not accept a substitute form.

The Court’s Instructions to the personal representative of an unsupervised estate, executed by the personal representative and his or her attorney, must be filed with the Court prior to Court appointment and the issuance of letters. These Instructions are to be considered as direct Orders of the Court. Instructions to Personal Representatives of Supervised Estates MSCPR Form 412.3 must be completed and filed with the Court. No substitute form will be accepted by the Court.

Applies to

Adult guardianship or protective proceeding

For an adult-incapacity guardianship or protective proceeding, the alleged incapacitated person must attend the hearing unless the petitioner presents sufficient medical evidence that attendance would harm the person’s health or safety.

In all guardianship or protective proceedings seeking to declare an adult incapacitated, either the person alleged to be incapacitated shall be present at the hearing, or the petitioner shall present sufficient medical evidence to establish that a court appearance would result in injury to the person's health or safety. An opinion that the person would have difficulty in understanding the procedure or might say something inappropriate is not sufficient reason alone for absence.

Applies to

Adult guardianship petition

An adult-incapacity guardianship petition must be supported by a treating physician’s report or other evidence required by the Court, presented at filing or on the hearing date, and no determination will be made without supporting medical evidence or testimony.

In all guardianship proceedings seeking to declare an adult incapacitated, a Physician's Report by the doctor treating the alleged incapacitated person, or such additional evidence as the Court may require, shall be presented to the Court at the time the petition is filed or on the date of the hearing. The Physician's Report shall substantially comply with MSCPR Form 413.3. No determination will be made without a supporting medical report or testimony at hearing.

Applies to

Adult guardianship or protective petition

When advance notice is not provided, the petitioner must certify in writing the notice efforts made and the reasons supporting waiver of advance notice.

The petitioner shall certify to the Court in writing the efforts, if any, that have been made to give notice and the reasons supporting the petitioner's claim that advance notice should not be required.

Applies to

Guardianship petition minor

A minor-child guardianship petition must state the child's present address, places of residence and custodial adults during the prior two years or explain unavailability, pending custody litigation, and any nonparty custody or visitation claims.

413.5 Petition For Guardianship of A Minor. In every petition for the appointment of a guardian of the person of a minor child, in addition to the statements required by I.C. § 29-3-5-1(a) and MSCPR 401.1, the following information shall also be contained in the petition: 1. The present address of the child. 2. The places where the child has resided during the past two years, and the names and present addresses of the persons with whom the child has lived during that period. If such information is not available, the petition should state the reason for such unavailability. 3. Whether, to petitioner's knowledge, any other litigation is pending in this state or in any other state concerning the custody of the child. 4. Whether, to petitioner's knowledge, 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.

Applies to

Attorney undertaking

Before letters issue in a minor's guardianship or a minor's claim is compromised, the guardian and attorney must execute the Court's attorney's undertaking concerning restricted-account deposits.

2. Prior to the issuance of letters in a guardianship over a minor's estate or the compromise of a minor's claim, the guardian and attorney shall execute the Court's attorney's undertaking making the attorney personally responsible for the deposit of the funds in a restricted account.

Applies to

Personal representative claim

A personal representative's claim accrued before the decedent's death must have the claimant's affidavit attached.

with the affidavit of the claimant attached

Applies to

Intermediate account

An intermediate account must be accompanied by the personal representative’s Petition for Extension of Time.

The intermediate account shall be accompanied by the personal representative’s Petition for Extension of Time

Applies to

Attorney undertaking

At settlement approval, the fiduciary and attorney must execute the Court’s attorney’s undertaking, substantially in the form of MSCPR Form 418.6(A).

At the time the settlement is approved by the Court, the fiduciary and his or her attorney shall execute the Court's attorney's undertaking making the attorney personally responsible for the deposit of the funds in a restricted account. The attorney’s undertaking shall be substantially in accordance with the form of MSCPR Form 418.6 (A).

Applies to

Wrongful death distribution petition

After a wrongful-death judgment is paid or a settlement-approval petition is filed, a petition proposing statutory distribution to the appropriate distributees must be filed.

When a judgment has been paid or a petition for approval of settlement is filed in any estate, a petition shall be filed showing proposed distribution, in accordance with I.C. §§34-23-1-1, 34-23-1-2 and 34-23-2-1.

Applies to

Wrongful death distribution petition

Must include

proposed order

A proposed distribution order must be presented to the court and must require a final account of wrongful-death proceeds within 30 days.

A proposed order shall be presented to the Court, ordering distribution in accordance with the above cited statutory provisions and requiring that a final account as to the wrongful death proceeds be filed within thirty (30) days.

Applies to

Minor settlement

A proposed minor’s settlement must include the minor’s written consent when the minor is at least 14 years old.

If the minor is at least fourteen (14) years of age, the proposed settlement shall be accompanied by a written consent to settlement by the minor.

Applies to

Restricted account

The sole beneficiary of a restricted account created for a minor’s settlement must be named in the prescribed guardianship format.

The sole beneficiary named on the account so created must be “The Guardianship (or Guardianship Estate) of ________” [name of minor].

Applies to

Account restriction certificate

Within 30 days after the order authorizing the account or investment, an institutional officer must file a certificate confirming the required restriction and compliance with MSCPR 418.6, substantially in the form of MSCPR Form 418.6(B).

Within thirty (30) days after an Order authorizing the creation of the account or investment, a certificate by an officer of the institution at which the account or investment has been created shall be filed with the Court which affirms that the account or investment is restricted as required by Court order and is in compliance with this MSCPR 418.6. The certification shall be substantially in accordance with the form of MSCPR Form 418.6 (B).

Applies to

Petition to docket trust

Must include

certificate of service

A Petition to Docket Trust must be promptly served on the current trustee, and the petitioner must certify that service was made.

A Petition to Docket Trust shall be forthwith served upon the current Trustee of the trust, and the Petitioner shall certify that such service has been made.

Applies to

Trust beneficiary notice

Within 15 days after receiving the Petition to Docket Trust, the trustee must file written notice identifying the name and address of each known beneficiary.

No later than fifteen (15) days after receipt of the Petition to Docket Trust, the Trustee shall file with the Court written notice of the name and address of each beneficiary of the trust known to the Trustee

Applies to

Fee petition

A fee petition must be signed or approved in writing by the personal representative or guardian.

A petition for fees must be signed or approved in writing by the personal representative or guardian.

Applies to

Fee petition

Fee petitions must detail all services performed, state the amount requested, and explain how the fee was calculated.

All petitions for fees for personal representatives, guardians or attorneys shall specifically set forth all services performed in detail as well as the amount of the fee requested and how it has been calculated.

Applies to

Petition to appoint personal representative

The petition must include the original last will and testament or submit it with the petition.

The original of said Last Will is attached hereto or submitted with this Petition.

Applies to

Petition to appoint personal representative

For a nonresident individual or corporate fiduciary, the petition must state that the petitioner accepts the appointment and identify the resident agent who will accept service.

7. [As required by I.C. §29-1-10-1, if the Petitioner is a nonresident individual or corporate fiduciary, the petition must also include the following: a. a statement that the Petitioner accepts the appointment as fiduciary; b. a statement providing the name, address and telephone number of the resident agent appointed by the Petitioner to accept service of process, notices, and other documents in the fiduciary proceeding;

Applies to

Affidavit and verification

The affirmation must state, under penalties of perjury, that the information is true and correct.

I affirm under the Penalties of perjury that the foregoing information is true and correct.

Applies to

Affidavit regarding original will offered for probate electronically

An affidavit regarding an original will offered electronically must be filed concurrently with the probate petition and state that the affiant possesses the original, the filed copy is accurate, the affiant knows of no revocation, the original will be retained or deposited through the specified period, and it will be delivered to the court when requested or statutorily required.

The undersigned hereby alleges and represents as follows: 1. Affiant concurrently is filing a petition for probate of the Last Will and Testament of the above named Decedent and for appointment as the Personal Representative of the estate 2. Affiant possesses Decedent's original Last Will and Testament and the copy submitted for probate herewith is a true and accurate copy of the Will. 3. Decedent gave no indication to Affiant or anyone else, to Affiant's knowledge, of any intention to revoke this Will. 4. Affiant will retain or deposit with the attorney for the Personal Representative the original of the electronically filed Will until the Decedent’s estate is closed and the Personal Representative is released from liability. If the Will is offered only to Spread the Will of Record Affiant will retain or deposit with their attorney the original of the electronically filed Will until the expiration of the time for filing a will contest. 5. Upon the Court's request, or as otherwise required by statute the original Last Will and Testament will be delivered to the Court.

Applies to

Guardianship report

The guardianship report must state the protected person’s present residence, current condition, and general welfare.

The report must state the present residence of the protected person and a statement of the protected person’s current condition and general welfare.

Applies to

Guardian instructions form

File one copy of this form with the Court before the Court confirms your appointment as guardian.

One copy of this form must be filed with the Court before your appointment as guardian is confirmed by the Court.

Applies to

Verified inventory and appraisal

The guardian's attorney must file a verified inventory and appraisal of the protected person's property within 90 days after appointment, using appointment-date values.

Have your attorney file with the Court, within ninety (90) days after your appointment, a verified inventory and appraisal of all the property belonging to the protected person, with values as of the date you were appointed.

Applies to

Verified current account

The verified current account must contain three schedules: assets and adjustments, itemized expenditures supported by paid-check evidence, and a recapitulation of remaining property.

The first schedule must include all assets listed on the inventory or on the last current account along with any additions or adjustments to the inventory. The second schedule must be an itemized list of expenditures, supported by attached cancelled checks or facsimiles of paid checks as evidence of payment. The third schedule must be a recapitulation indicating the remaining property after subtracting expenditures.

Applies to

Final accounting

The guardian's attorney must file a final accounting with the court whenever the guardianship terminates, regardless of the reason.

Have your attorney file a final accounting with the Court upon the termination of the guardianship, whether due to the death of the protected person, or for any other reason.

Applies to

Closing statement

After completing estate administration, the personal representative must file a closing statement verifying payment of claims, expenses, and taxes, distribution of assets, and delivery of the statement to all distributes.

After you fully complete the estate administration, you must file a closing statement with the Court verifying that all proper claims, expenses and taxes have been paid, that all assets have been properly distributed, and that a copy of the closing statement has been sent to all distributes, fully accounting for all assets, expenses and distributions made to the heirs.

Applies to

Attorney affidavit regarding notice

A temporary guardianship petition requires the petitioner's attorney to file an affidavit certifying compliance with notice requirements.

ATTORNEY’S AFFIDAVIT CERTIFYING COMPLIANCE WITH REQUIREMENTS FOR NOTICE REGARDING TEMPORARY GUARDIANSHIP PETITION

Applies to

Petition or praecipe for hearing

In a contested family-law matter, the moving party must state in the petition or hearing praecipe the time required for the hearing and contested issues.

B. Time Required. In all contested family law matters, the moving party shall advise the court of the time required for hearing and contested issues to be considered in the text of a petition or praecipe for hearing.

Applies to

Bench warrant information sheet

A party seeking a bench warrant must complete a bench warrant information sheet.

D. Bench Warrant. In order to obtain a bench warrant from the court, a party must have personal service on the adverse party and complete a bench warrant information sheet. The court may issue a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.

Applies to

Summons and appearance form

A family-law petitioner must use the Appendix A summons and appearance form, attach the Verified Financial Declaration Form, and show only the last four digits of any Social Security number.

E. Summons and Appearance. In all family law matters, the petitioner shall use the form of summons and appearance form set forth in Appendix A and shall attach the Verified Financial Declaration Form. Only the last 4 digits of a social security number should appear on the appearance form.

Applies to

Verified document

Where verification is required, the document must include the specified Indiana Trial Rule 11(B) verification language.

F. Verification. Verification language where required shall be in the form as stated in Indiana Trial Rule 11(B): I affirm, under the penalties for perjury, that the foregoing representations are true.

Applies to

Notice of hearing or trial

The moving party must file with the court a copy of the required hearing or trial notice.

A. Notice. In all relevant family law matters, the moving party shall give notice of the time, place of the hearing or trial and that matters may be heard and determined in a party’s absence, by summons, subpoena, order to appear, notice of hearing, served upon the adverse party at least seven days prior to the hearing or trial and file a copy of the notice with the Court.

Applies to

Other pending proceedings notice

A family-matter moving party must give the court written notice of all pending proceedings involving either party, including specified identifying and case information.

B. Other Pending Legal Proceedings. In all family matters, the moving party shall provide the court with written notice of all other pending legal proceedings in which either party is involved. The written notice shall include the cause number, name and location of the court, names of parties involved and nature of the legal proceeding, per the appearance form in Appendix A.

Applies to

Parent education class certification

Within 30 days after filing a dissolution involving minor children or a paternity proceeding, the parties must complete a court-approved parent education class and provide written certification unless the court waives the requirement.

D. Parent Education Class. Within thirty (30) days of filing a dissolution involving minor children or paternity proceeding, the parties shall attend and ensure that the court is provided with written certification that the parties have completed a Court-approved parent education class, unless waived by the Court.

Applies to

Child support account information form

The Appendix B Child Support Account Information Form must be used in family-law matters and submitted to the Marion Circuit and Superior Courts clerk whenever the court signs an order creating, modifying, or terminating child support.

E. Child Support Account Information Form. In all family law matters, the parties shall use the Child Support Account Information Form set forth in Appendix B. Anytime the court signs an order creating, modifying or terminating a child support obligation, the parties shall complete and submit a Child Support Account Information Form to the Clerk of the Marion Circuit and Superior Courts.

Applies to

Financial declaration form

The initiating party must complete, serve, and file a Financial Declaration Form within 30 days after filing the specified family-law petition.

A. Requirement. In all family law matters, the initiating party shall complete, serve and file a Financial Declaration Form within 30 days of filing a Petition for Dissolution of Marriage, Legal Separation or to

Applies to

Financial declaration form

A party that fails to submit the required Verified Financial Declaration Form may not present evidence concerning its contents absent good cause.

Failure by any party to submit the Verified Financial Declaration Form as required shall preclude him or her from presenting evidence as to those matters contained in the Verified Financial Declaration Form, except for good cause shown.

Applies to

Filed document

Before the Certificate of Service, a filed document must include specified identifying and contact information for the filing attorney or the attorney’s firm.

The document, before the Certificate of Service, must include the filing attorney’s name, party for whom appearing, attorney number, firm, address, telephone number, and e-mail address of the authorizing attorney or the designated e-mail address for the attorney’s firm.

Applies to

Financial declaration form

For a post-decree child-support arrearage proceeding, the alleged delinquent party must complete the entire Financial Declaration Form, while the support recipient need only complete the arrearage-calculation section.

Provided,however, when the proceeding is post-decree and concerns only a child support arrearage, the alleged delinquent party shall complete the entire Form, while the support recipient need complete merely that portion thereof which requires specification of the basis of the arrearage calculation.

Applies to

Financial declaration form

The Financial Declaration Form must be accompanied at minimum by current wage records, income tax returns, and supporting documentation.

At the minimum this shall include current wage records, income tax returns and supporting documentation.

Applies to

Financial declaration form

The Financial Declaration Forms must be supplemented when additional material becomes available, as required by Indiana Trial Rule 26(E)(2).

The Forms shall be supplemented if additional material becomes available pursuant to Indiana Trial Rule 26(E)(2).

Applies to

Child support worksheet

A Child Support Worksheet must accompany any settlement agreement or final decree and be provided at any hearing or trial in proceedings involving child support or educational expenses.

In all proceedings involving child support or educational expenses, a Child Support Worksheet shall be provided with any settlement agreement, final decree, or at the time of any hearing or trial.

Applies to

Settlement agreement

When a child-support agreement deviates from the Child Support Guidelines, the parties must provide the court with a written explanation.

If an agreement concerning child support provides any deviation from the Child Support Guidelines, the parties shall provide the court a written explanation for the deviation.

Applies to

Income withholding order

Unless the court orders otherwise, any child-support settlement agreement, final decree, or modification must include an Income Withholding Order providing payment through the state collection agency.

In all proceedings involving child support, absent other court order, an Income Withholding Order providing for payment through the state collection agency, shall be submitted with any settlement agreement, final decree, or modification.

Applies to

Agreed matter

An agreed matter may not be submitted without a signed agreement and other appropriate supporting documents, such as a decree.

No agreed matter shall be submitted unless accompanied with a signed agreement and other appropriate documents such as a Decree.

Applies to

Response brief

A response brief must include a separate argument section for each movant unless the entire argument is identical for all movants.

5. The response brief shall contain a separate argument section as to each movant, unless the entire argument is identical as to each movant.

Applies to

Agreed entry

Every Agreed Entry must include a verified Petition for Modification under Indiana Trial Rule 7(B).

A verified Petition for Modification shall be included with any Agreed Entry pursuant to Indiana Trial Rule 7(B).

Applies to

Temporary restraining order petition

In a family-law matter, the court may issue a temporary restraining order without hearing or security when a party files a verified petition alleging specific facts showing irreparable harm if an immediate order is not issued.

Subject to the provisions of Indiana Trial Rule 65 and Indiana case law, in all family law matters, the court may issue a Temporary Restraining Order without hearing or security, if either party files a verified petition with specific allegations that irreparable harm or injury would result to the moving party if no immediate order were issued, or as otherwise as delineated in this Rule.

Applies to

Temporary restraining order petition

A petition seeking protection from abuse, harassment, disturbance of peace, or exclusion from the marital residence must allege specific facts, include evidence of actual or threatened abuse creating imminent danger, establish testimonial availability for eviction or custody requests absent exceptional circumstances, and certify why notice cannot be given.

In the event a party seeks to enjoin the non-moving party from abusing, harassing or disturbing the peace, of the moving party or any child or step-child of the parties, or exclude the non-moving party from the marital residence, the petition must allege specific facts indicating more than a generalized fear of an adverse action; contain evidence of actual or threatened physical or emotional abuse sufficient to find a risk of imminent danger; in the case of an eviction or custody request also show that the moving party is physically available to testify unless there is a showing of exceptional circumstances; and in all cases for restraining order, certify to the court the reasons supporting the claim that notice cannot be given.

Applies to

Temporary restraining order petition

The court will not issue a joint or mutual restraining or protective order; if both parties allege injury, each must file a separate petition, and the court must review and rule on each petition separately.

A joint or mutual restraining or protective order shall not be issued. If both parties allege injury, they shall do so by separate petitions. The court shall review each petition separately and rule on each with separate orders.

Applies to

Confidential form

The moving party must provide the court with a completed Confidential Form concerning the non-moving party.

C. Confidential Form. The moving party shall provide the court with a completed Confidential Form concerning the non-moving party.

Applies to

Notice of termination

A Notice of Termination must be completed when a Temporary Restraining Order is dissolved by a decree or court order and an existing protective order is subject to statutory termination procedures.

D. Notice of Termination. When a court issues a Temporary Restraining Order under Indiana Code § 31-15-4-3 and a protective order exists for the parties under Indiana Code § 34-26-2 et seq., a Notice of Termination of the protective order shall be completed pursuant to Indiana Code § 34-26-2-13. A Notice of Termination shall be completed when a Temporary Restraining Order is dissolved by the entry of a decree or court order.

Applies to

Notice of extension or modification

A Notice of Extension or Modification must be completed when a Temporary Restraining Order is extended or modified by a decree or court order.

E. Notice of Extensıon or Modifıcation. When a Temporary Restraining Order is extended or modifıed by the entry of a decree or court order, a Notice of Extension or Modification shall be completed.

Applies to

Motion to withdraw

Attorneys must file a Motion to Withdraw under Marion County Local Rule 2 after the specified final or permanent orders are entered or their appeal periods expire.

Upon the entry of a Final Decree of Dissolution of Marriage, Legal Separation or Paternity Judgment or a permanent modification of any custody, support or parenting time order, or the expiration of the appeal time thereon, all attorneys shall terminate their representative capacity by filing a Motion to Withdraw pursuant to Marion County Local Rule 2.

Applies to

Notice of substitution

For each substitution of appearance, counsel must file both a Notice of Substitution and the new attorney’s appearance form.

For substitutions of appearance, counsel shall file with the Court both a Notice of substitution and the new attorney’s appearance form for each affected case. The appearance may be filed as a supporting document to the main document, Notice of Substitution.

Applies to

Filed document

Must include

certificate of service

Every filed document must include the prescribed Certificate of Service identifying the service stamp and manner of electronic service.

C. Certificate of Service. All filed documents must include a Certificate of Service referencing the service stamp and the manner of service. The Certificate of Service shall be in the following format: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was electronically served on all counsel of record on the date shown on the service stamp on the first page of this document, by using File & ServeXpress.

Applies to

Court document

A document description must begin with the party type and party name or names and must use current Bluebook court-document abbreviations as needed.

1. The Indiana E-Filing System provides limited space for document titles. Parties shall use Court Document abbreviations contained in a current edition of a Uniform System of Citation (Bluebook). http://www.personal.psu.edu/dhk3/research/Bluebook/T-08-17.htm. Party type and party name(s) must be the first word(s) of document description. Use abbreviations as necessary.

Applies to

Court filing

Court filings other than appearances and proposed orders must be titled with the party type, party name, document title, and, when applicable, the related or responding document title.

a. Filings, excluding Appearances and Proposed Orders. Documents filed with the Court shall be titled in the following format: [Party Type] + [Name of Party] + [Title of Document] + [Title of document to which the new document relates or responds, if applicable].

Applies to

Letter or notice

Letters and other document forms served through File & ServeXpress must identify the document form, sender, recipient, and subject matter in the title.

b. Letters or Notices. Letters or other document forms served on File & ServeXpress shall be titled in the following format: [“Letter” or Other Document Form] + “From” + [Name of Sending Party] + “to” + [Name of Recipient Party] + [Subject Matter].

Applies to

Cancellation

A document canceling a previously scheduled event must use the document type “CANCELLATION” and a title identifying the party and canceled event.

c. Cancellations. Documents intended to cancel previously scheduled events must use the document type “CANCELLATION” and be titled on File & ServeXpress in the following format: [“CANCELLATION:”] + [Party Type] + [Party Name] + [Description of Canceled Event].

Applies to

Notice of agreed enlargement of time

When opposing counsel does not object, filing only a Notice of Agreed Enlargement of Time is sufficient, but the notice must name the consenting counsel and must not include a proposed order.

If opposing counsel does not object, only a “Notice of Agreed Enlargement of Time” needs to be filed and the name of the counsel consenting to the enlargement shall be specified. Such notice shall not include a proposed order.

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order containing a date and a signature line.

Motions must be accompanied by a proposed order with a date and signature line.

Applies to

Proposed order

Must include

proposed order

Proposed orders for motions to dismiss must state the 30-day repleading period and specify that dismissal is granted without prejudice in the Relief Requested paragraph.

All Proposed Orders for motions to dismiss must indicate the 30-day repleading period. Proposed Orders for motions to dismiss must specify that the motion is granted “without prejudice” in the Relief Requested paragraph.

Applies to

Plaintiffs motion to dismiss remaining defendants

Must include

proposed order

When all claims against named defendants are resolved or the plaintiff no longer wishes to pursue the remaining claims, the plaintiff must file a motion to dismiss the remaining defendants with a proposed order.

When plaintiff has resolved the claims with all the defendants named or no longer wishes to pursue claims against the remaining defendants, plaintiff shall file, “Plaintiff’s Motion to Dismiss Remaining Defendants,” together with a proposed order dismissing with or without prejudice all remaining defendants who have not settled for consideration.

Applies to

Supporting brief

The moving party's supporting brief must contain a separately labeled statement of undisputed material facts, organized in numbered paragraphs and supported by specific citations to admissible evidence.

The supporting brief must include a separate section labeled “Statement of Undisputed Material Facts” listing, in separately numbered paragraphs, the individual undisputed facts that are potentially determinative of the motion as to which the moving party contends there is no genuine issue that contain specific and appropriate citations to admissible evidence already in the record or attached as an exhibit to the brief.

Applies to

Response brief

The response brief must include a separately labeled statement of material facts in dispute and genuine issues, with a separate numbered subsection for each movant.

The response brief shall contain a separate section labeled “Statement of Material Facts in Dispute and Genuine Issues,” which shall contain a separate subsection as to each movant, listing in separately numbered paragraphs, the individual disputed facts and/or genuine issues as to that movant.

Applies to

Statement of material facts in dispute

Asserted material facts and genuine issues must be supported by specific citations to listed categories of admissible evidence in the record or attached as exhibits.

3. The asserted material facts and genuine issues shall be supported by specific and appropriate citations to discovery responses, depositions, affidavits, and other admissible evidence either already in the record or attached as an exhibit to the brief.

Applies to

Summary judgment briefs

Citations to documents previously served on File & ServeXpress must include the document name, service date, TID number, and, if possible, a specific page, line, paragraph, or similar reference.

6. Citation to documents previously served on File & ServeXpress shall be by document name, date document was served on File & ServeXpress, and TID number, and if possible, page and line, paragraph number or similar specific reference.

Applies to

Supporting documents

Counsel must attach designated documents not previously served on File & ServeXpress as supporting documents to the motion, except deposition transcripts.

1. Counsel shall attach as supporting documents to the motion any designated documents not previously served on File & ServeXpress, other than deposition transcripts.

Applies to

Summary judgment briefs

Specific and appropriate citations under the rule must include the case name and shortened cause number, document title, File & ServeXpress service date, TID number, and, if possible, a precise page, line, paragraph, or similar reference.

5. “Specific and appropriate citations” throughout this Rule shall mean case name and shortened cause number, document title, date document was served on File & ===== PAGE 144 ===== ServeXpress, TID number, and if possible, page and line, paragraph number or similar specific reference.

Applies to

Request for hearing

A hearing request must be a separate document identified with the document type “Request for Hearing” and must use the specified title.

The request for hearing shall be made in a separate document from any other filing, but it may be submitted as a main or supporting document. The document type shall be “Request for Hearing,” and the request shall be titled,

Applies to

Proposed agenda

Proposed agenda items must be described with particularity, including the case, date, title, and File & ServeXpress TID number for each related written submission.

Proposed agendas must be filed on the Master Docket no less than 7 days prior to the scheduled motion days or status conference. Parties must describe proposed agenda items with particularity, including the cases, dates, titles, and File & ServeXpress TID numbers for all written submissions relating to each item proposed in the agenda.

Applies to

Master complaint

Counsel intending to file asbestos cases under the Master Docket must file a Master Complaint containing all statutorily and case-law-required allegations for an asbestos personal-injury action.

A. All plaintiffs’ counsel who intend to file cases under the Master Docket shall file Master Complaints that shall set forth all allegations required by statute and case law for a personal injury lawsuit alleging exposure to asbestos.

Applies to

Master complaint

Counsel must file a separate Master Complaint form for every filing form anticipated, such as single-plaintiff, married-plaintiff, and deceased-plaintiff complaints.

B. There shall be a master complaint form filed for each form of filing anticipated by counsel (e.g., single plaintiff, married plaintiff, and deceased plaintiff).

Applies to

Case specific complaint

A case-specific complaint must include nine expressly enumerated pieces of information.

A. At the time a specific Plaintiff’s case is filed, the content of the case-specific Complaint shall include the following:

Applies to

Case specific complaint

Every filing of a case-specific complaint must be accompanied by the prescribed Notice Identifying Mass Tort Docket Case.

B. Any Plaintiff filing a case-specific Complaint, must accompany their filing with a Notice Identifying Mass Tort Docket Case, as set forth below.

Applies to

Vids

The VIDS is part of the complaint and constitutes a pleading under the Trial Rules.

2. Plaintiff’s VIDS shall be considered part of the Complaint and constitute a pleading pursuant to the Trial Rules.

Applies to

Vids

Each plaintiff must file a separate VIDS containing the required information correlated for each alleged exposure.

Each plaintiff shall file a separate Verified Initial Disclosure Statement (“VIDS”) that shall contain the following information correlated for each alleged exposure:

Applies to

Vids

The VIDS must identify the plaintiff and worker and must include verified SSN and birth date information mailed separately to the joint defense records gathering service, with a statement confirming transmission and release on defense request.

1. The identity of the Plaintiff/Worker, including his or her full name, all other names by which he or she has been known, his or her trade or craft, current or last address, and, if applicable, place and date of death. The SSN and birth date shall be verified and mailed under separate cover to the joint defense records gathering service. Plaintiff shall state in his VIDS that he has transmitted this information to the joint defense records gathering service and the joint defense records gathering service shall release this information upon request to defense counsel who appear in the case.

Applies to

Vids

The VIDS must identify each plaintiff’s employer for every alleged asbestos exposure period, including the employer’s name, last known address, and employment start and end dates.

2. The identity of the Plaintiff/Worker’s employer at the time of each and every exposure to asbestos, or period of exposure to asbestos, setting forth the name and last known address for each employer, as well as the beginning and ending dates for each employment

Applies to

Vids

The VIDS must identify persons working with asbestos-containing materials during each alleged exposure, including their trades and employers.

3. The identities of those working with the products of asbestos-containing materials as described in 2, below, at the time of each such alleged exposure. State the identity of these persons, their trade, and their employer(s)

Applies to

Vids

The VIDS must identify the asbestos-containing product or item, including the manufacturer when known, or provide a detailed description if the product name cannot be remembered.

B. “What”: The name or type of the asbestos-containing product or item the Plaintiff/Worker used or to which he or she was allegedly exposed, stating the manufacturer’s company name ... being as particular as possible. If Plaintiff cannot remember the name of the product he alleges he used or to which he alleges he was exposed, he shall provide a detailed description of the product.

Applies to

Vids

The VIDS must state the beginning and ending dates of each alleged asbestos exposure period at each jobsite, including the day, month, and year.

C. “When”: The dates during which the Plaintiff/Worker was allegedly exposed to asbestos at each jobsite, setting forth the beginning and ending dates for each exposure period, including date, month and year.

Applies to

Vids

The VIDS must identify the location of each alleged asbestos exposure, including the premises address and the specific area where the exposure occurred.

D. “Where”: The location of each alleged exposure to asbestos, setting forth the address of the premises as well as the specific area on each premises where the claimed exposure occurred

Applies to

Vids

The VIDS must describe the circumstances of each alleged exposure, including the plaintiff’s activities, what occurred in the specific area, and work performed by the plaintiff and third parties handling asbestos or asbestos-containing materials.

E. “How”: The circumstances of the alleged exposure to asbestos, including a description of what the Plaintiff/Worker was doing on the premises, and what, if anything, was occurring in the specific area on each premises where and when the claimed exposure occurred, including a description of work performed by both the Plaintiff/Worker at that time and by any third-party working with asbestos or asbestos-containing materials.

Applies to

Vids

To the extent known when filing, the plaintiff’s VIDS must reference all alleged applicable foreign law and identify the specific defendants to which it applies.

F. Foreign law. To the extent known at the time of filing, Plaintiff shall reference all foreign law plaintiff alleges applies in the case, and the specific defendants to which plaintiff alleges the foreign law applies.

Applies to

Vids

The VIDS must include a description or name of all illnesses or injuries allegedly caused by asbestos exposure.

G. Required Medical Information. 1. A description or name of all illnesses or injuries from which the Plaintiff/Worker allegedly suffers as a result of exposure to asbestos;

Applies to

Hearing request

Parties must file a hearing request for every motion.

D. Parties must file a request for a hearing on any motion.

Applies to

Expert witness list

By the Expert Witness List deadline, Defendants must review and supplement or amend their lists to identify witnesses they currently believe will testify.

Defendants shall also by this date review them and supplement and amend them to identify those witnesses Defendants currently believe will actually testify.

Applies to

Final witness and exhibit lists

Plaintiffs must file their Final Witness and Exhibit Lists 90 days before trial.

F. 90 days before trial, Plaintiffs shall file their Final Witness and Exhibit Lists.

Applies to

Final exhibit list

Each party must make the exhibits in its Final Exhibit List available for inspection and copying no later than 28 days before trial.

make each of the exhibits described in their Final Exhibit Lists available for inspection and copying

Applies to

Stipulations of fact

Each party must file any stipulations of fact no later than 21 days before trial.

1. Any stipulations of fact;

Applies to

Deposition list

Each party must file a list of case-in-chief depositions identifying the page and line numbers to be read no later than 21 days before trial.

2. A list of depositions intended to be used in the party’s case-in-chief that includes page and line numbers that will be read;

Applies to

Motion in limine

Each party must file additional non-Rule-702 motions in limine no later than 21 days before trial.

3. Additional motions in limine. All motions in limine other than motions based on Indiana Rules of Evidence 702 filed pursuant to Rule 711(G)(6)(A).

Applies to

Motion in limine

Motions in limine must organize their subjects into categories and provide proper briefing and legal authority for each point, or they will not be considered.

All motions in limine must divide the subjects into categories and include legal authority for each point. Motions in limine which simply list subjects without proper briefing ad legal authority will not be considered;

Applies to

Response brief

Briefs responding to motions in limine based on Indiana Rules of Evidence 702 must be filed pursuant to Rule 711(G)(6)(A).

4. All briefs in response to motions in limine based on Indiana Rules of Evidence 702, filed pursuant to Rule 711(G)(6)(A).

Applies to

Trial brief

Each party must file a succinct trial brief addressing contested facts and law, motions in limine and evidentiary disputes, and intended trial witnesses.

A trial brief succinctly addressing the following matters: (a) contested issues of fact; (b) contested issues of law and supporting authority; (c) a summary of motions in limine and anticipated evidentiary disputes; (d) a list of witnesses that counsel intends to call at trial.

Applies to

Deposition objections and counter designations

Each party must file objections and counter-designations to depositions no later than 14 days before trial.

1. Objections and counter-designations to depositions;

Applies to

Motion in limine response

Each party must file objections or responses to motions in limine no later than 14 days before trial.

2. Objections or responses to motions in limine; and

Applies to

Preliminary jury instructions

The parties must submit proposed preliminary jury instructions for reading before opening statements and an agreed preliminary issue instruction.

3. Any proposed preliminary jury instructions to be read to the jury prior to opening statements, and an agreed preliminary issue instruction.

Applies to

Expedited trial setting motion

A plaintiff seeking exigent status and an expedited trial setting must file a motion showing good cause for preferential treatment.

To obtain exigent status and an expedited trial setting, a plaintiff must: 1. File with the Court a Motion for Expedited Trial Setting showing good cause why the plaintiff should be afforded the preferential treatment; and,

Applies to

Expedited trial setting motion

An expedited-trial-setting motion must state that the plaintiff has a confirmed pathological or clinical diagnosis of mesothelioma or stage IV cancer.

The Motion for Expedited Trial Setting shall contain a statement that the Plaintiff has a confirmed pathological diagnosis and/or clinical diagnosis of the disease mesothelioma or a stage IV cancer.

Applies to

Expedited trial setting motion

The motion must identify where confirming medical records are available but must not attach them, to preserve medical-document privacy.

The Motion shall reference that the confirming medical documentation is available through counsel for plaintiff and/or the joint defense records gathering service and shall not be attached to the motion to maintain privacy of the medical documentation.

Applies to

Expedited trial setting motion

When exigent status is sought on grounds other than the specified serious medical conditions, the plaintiff must attach a detailed affidavit supporting the need for an expedited trial date.

In the event that Plaintiff seeks exigent status on a basis other than the Plaintiff’s serious medical ===== PAGE 160 ===== conditions stated above, Plaintiff shall attach a detailed affidavit that demonstrates facts supporting the need for an expedited trial date.

Applies to

Case filing documents

The Prosecutor’s Office must provide a listing of all pending cases with the case filing documents.

It shall be the responsibility of the Prosecutor’s Office to provide a listing of all pending cases with the case filing documents to ensure that all case transfers can be made consistent with this rule.

Applies to

Discovery motion

A motion or request for witness-address disclosure or a related protective order must include a statement describing counsel’s reasonable effort to reach agreement, including the effort’s date, time, place, whether in person or by telephone, and the names of all participating parties and attorneys.

Should there be a dispute among the parties concerning the disclosure of a witness’ address, counsel shall meet and make a reasonable effort to resolve this dispute before seeking intervention from the court. The party seeking disclosure or a protective order under this rule shall include in the party’s motion or request a statement showing that the attorney making the motion or request has made a reasonable effort to reach agreement with opposing counsel concerning the matter set forth in the motion or request. This statement shall recite in addition, the date, time and place of this effort to reach agreement, whether in person or by telephone and the names of all parties and attorneys participation therein.

Applies to

Oral argument request

A request for oral argument must be made in a separate instrument filed with the pleading to be argued.

When an oral argument is requested, the request shall be by separate instrument and filed with the pleading to be argued.

Applies to

Oral argument request

The Court may hear requested oral argument in its discretion, but a summary-judgment motion must be set for hearing when any party requests it.

Any such oral argument requested may be heard at the discretion of the Court, except for motions for summary judgment which shall be set for hearing upon request of any party.

Applies to

Pleading

A pleading's title must identify each topic included, such as an answer, motion to strike or dismiss, or jury request.

C. Titles. Titles on all pleadings shall delineate each topic included in the pleading e.g. where a pleading contains an Answer, a Motion to Strike or Dismiss, or a Jury Request each shall be set forth in the title.

Applies to

Filing delivered to special judge

A certificate that filings were forwarded to the special judge must be included as part of the filing.

Thereafter, copies of all filings shall be delivered in person, by mail or by facsimile to the office of the Special Judge with certificate of forwarding same made a part of the filing.

Applies to

Appearance form

The appearance form must be updated promptly when previously supplied information changes or is supplemented.

PURSUANT TO TRIAL RULE 3.1(E), THIS APPEARANCE FORM SHALL BE UPDATED PROMPTLY SHOULD THERE BE ANY CHANGE IN OR SUPPLEMENT TO THE INFORMATION PREVIOUSLY SUPPLIED TO THE COURT

Applies to

No inheritance tax petition

An inheritance tax exemption affidavit may be filed only with the decedent’s social security number redacted, and the filer may rely on the filed affidavit in the no-tax petition.

A copy of an inheritance tax exemption affidavit described in I.C. §6-4.1-4-0.5 may be filed with the Court, provided that the decedent’s social security number is redacted from the affidavit, and the filer of a petition under I.C. §6-4.1-5-7 may cite and rely on that filed affidavit.

Applies to

Application for appointment of personal representative

The applicant must choose either supervised or unsupervised administration on the application.

UNSUPERVISED / SUPERVISED ) [choose one]

Applies to

Application for appointment of personal representative

If co-personal representatives are involved, a separate application form must be completed for each personal representative.

[If there are Co-Personal Representatives, then complete one form for each personal representative]

Applies to

Affidavit for transfer of assets without administration

When the affidavit is not filed with the court, the court name and cause number must be omitted from the caption.

If this affidavit is not filed with the Court, omit the text “In the Marion Superior Court, Probate Division” and the Cause number from the caption below.

Applies to

Guardian instructions form

The guardian must keep one copy of Form 412.1 for personal records.

Keep one copy for your records.

Applies to

Financial declaration form

The parties need not exchange the Financial Declaration Form if they have court leave or a signed agreement, service is by publication with no response, or a post-decree proceeding concerns issues without financial implications.

The Financial Declaration Form need not be exchanged if: 1. The parties have obtained leave of court; or 2. The parties have a signed agreement; or 3. The proceeding is one in which the service is by publication and there is no response; or 4. The proceeding is post-decree and concerns issues without financial implications.

Applies to

Case management order

The court may vacate a hearing if a timely case management order is not filed.

If there is no case management order timely filed, the hearing may be vacated by the Court.

Applies to

Master complaint

Each Master Complaint must use the prescribed identification format, although the firm name may be shortened.

C. Master Complaints shall be identified as “[Firm Name]’s [Single/Married/Deceased] Plaintiff Master [A/B/C] Complaint.” The Firm Name may be shortened for ease of application.

Applies to

Master complaint

Plaintiffs’ counsel must file Master Complaints under the Master Docket, and those complaints must be available for use and incorporation in new cases by referencing the TID number.

D. Plaintiffs’ counsel shall file their Master Complaints under the Master Docket and they shall be available for use and incorporation into new case filings by referencing the TID number.

Applies to

Master complaint

When the plaintiff’s firm changes its name, counsel must refile every Master Complaint form under the Master Docket with the firm’s proper and current name.

E. In the event of a change in the name of the Plaintiffs’ counsel’s firm, Plaintiffs’ counsel shall re-file each form of Master Complaint on the Master Docket, making sure that each Master Complaint contains the firm’s proper and current name.

Applies to

Mass tort docket notice

The Mass Tort Docket notice must state that the case is an asbestos case and request assignment by the clerk to Civil 13’s Mass Tort Docket under Local Rule LR49-TR3-Rule 600.

The undersigned states that this case is a Mass Tort Docket Asbestos Case. Pursuant to Marion County Mass Tort Litigation Rules, Local Rule LR49-TR3- Rule 600 the undersigned requests the Clerk of Court assign this case to Civil 13, the Mass Tort Docket.

Applies to

Master answer

Defendants may file Master Answers in response to Master Complaints, but any such answer must use the prescribed identification format.

B. Master Answers. Defendants may file Master Answers in response to Master Complaints. Any Master Answers shall be identified as “Defendant [Party Name]’s Master Answer to [Firm Name]’s [Single/Married/Deceased] Plaintiff Master [A/B/C] Complaint.”

Applies to

Status conference agenda

Parties must submit a Rule 611-compliant proposed agenda that specifically identifies the matters requiring attention at the status conference.

The parties shall submit proposed agendas which comply with Rule 611 and list specifically those matters which require attention.

Applies to

Jury instructions

Proposed pattern instructions must be separated from non-pattern instructions and include the appropriate given, modified, refused, or withdrawn provisions.

Counsel shall also provide proposed pattern instructions separated from the non-pattern instructions with the appropriate given/modified/refused/ withdrawn provisions.

Applies to

Jury instructions

Defendants must act jointly regarding the chargeability of proposed jury instructions.

Because the Court will require the Defendants to act in concert with regard to chargeable proposed instructions.

Applies to

Pleading or motion

The court provides a recommended attorney signature-block form.

The following form is recommended:

Applies to

Petition

A petition requesting relief should cite the applicable statute or rule authorizing that relief when applicable.

All petitions requesting relief or action by the Court should, where applicable, contain reference to the appropriate statute or rule authorizing such relief or action.

Applies to

Affidavit for transfer of assets without administration

The affidavit is optional unless the affiant seeks a court order under I.C. 29-1-8-4.5.

NOTE: This affidavit need not be filed with the Court unless the person signing the affidavit wants to request a Court order under I.C. 29-1-8-4.5.

Applies to

Statement of material facts in dispute

The non-movant’s statement should omit background facts and argument, which belongs in the brief’s argument section.

4. The non-movant’s Statement of Material Facts in Dispute and Genuine Issues should not contain mere background facts which put the case in perspective or the party’s argument which should be in the argument portion of the brief.