Monroe County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- An initial written motion to enlarge time to answer or respond, filed on or before the original due date and stating the original and enlarged dates, is automatically allowed an additional 30 days without a court order.
- Unrepresented parties and counsel are expected to begin discovery promptly, and extensions are granted only upon a showing of diligence and good cause.
- A continuance motion must state the hearing or trial date and time, the reason, a good-faith estimate of the time needed if rescheduled, when opposing counsel or the party was notified, and whether the opponent agrees or objects; it must not include other requests.
- +9 more
Request must include
Document Format Requirements8 rules
Appellate Court transcript volumes are limited to 250 pages or 50 MB, with the table of contents and exhibits in separate volumes.
Formatting
- •The table of contents must be a separate volume
Court's wording
Volume applies to Appellate Court transcripts. Each volume is to be limited to 250 pages or fifty megabytes (50 MB). The table of contents is to be a separate volume and the exhibits are to be included in a separate volume (or volumes if more than 250 pages).
Parties are encouraged to number pages of all printed exhibits but must number pages of any printed exhibit containing more than ten pages.
- More than 10 pages
Any digital picture, movie, or recording must be submitted on a DVD, CD, USB drive, or printed such that the Court can maintain the evidence.
Parties shall use removable fasteners such as binder clips or paperclips for exhibits and shall not use staples.
Any matter communicated to the court outside of the courtroom must be in writing, signed, and served on all other parties to the case.
- Court communication
Formatting
- •Must be in writing and signed
B. Inclusion of Agency Identification. The name, address, and telephone number of the insurance agency providing the corporate surety shall be typed or printed on all corporate bonds in any estate.
The Physician's Report shall substantially comply with GUARDIANSHIP FORM A.
Said Media request form must be submitted in writing to the Court at least five (5) days prior to the court proceeding.
Document Filing Requirements100 rules
Written judicial approval and an order are required before implementing agreed sanctions that modify probation conditions to restrict liberty; no judge’s signature is required if no specific condition is modified.
Court's wording
Written judicial approval and an order are necessary prior to implementation of the agreed-upon violation sanctions only when conditions of probation have been modified that restrict a probationer’s liberty, such as the use of electronic monitoring, imposition of Home Detention, and/or a commitment to the Monroe County Jail. If a specific condition is not modified, a Judge’s signature is not required.
An agency seeking Approved Provider status must apply through the Community Corrections Director, complete and submit the specified agency agreement form, and provide any additional information requested.
Court's wording
Any governmental or not-for-profit agency wishing to receive Road Crew services and/or Public Restitution workers from the Monroe Circuit Court Probation Department shall make application for “Approved Provider” status through the Community Corrections Director. The agency shall complete the “Monroe County Community Corrections Agency Agreement for Community Service Workers” form and submit this form to the Community Corrections Director. The agency shall also provide any additional information requested by the Community Corrections Director.
B. The Probation Department Fee Schedule will be recorded on an Order, to be filed with the Clerk in the General Order Book under “Establishing Fees For The Monroe County Probation Department.”
A party or attorney filing a motion shall, at the time of filing, provide the court with a proposed order. Proposed orders shall include a full distribution list of attorneys or parties to whom the order should be sent.
- Document
- Motion
Must include
- •Proposed order
A pleading that requires a certificate of service must identify the person served, their address, the service method, and the service date.
- Document
- Pleading requiring a certificate of service
Must include
- •Certificate of service
Court's wording
All pleadings filed with the Court that require a certificate of service shall specifically name the individual party or attorney on whom service has been made, the address, the manner in which service was made and the date when service was made.
Contact information, including at least one telephone number, for any unrepresented opposing party, o r an explanation of why that information is not available on diligent inquiry.
At the time of removal, the party shall present a signed receipt to the Court Reporter, which shall be filed in the case.
A party who intends to offer 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 appropriately before trial.
Anyone released on recognizance or bail for a misdemeanor or felony must execute a written Promise to Appear, which the Sheriff must immediately forward to the appropriate court.
Court's wording
Any person, whether released on recognizance or bail for a misdemeanor or felony offense, shall be required to execute a written Promise to Appear in the probation department at the designated date and time. The Promise to Appear form shall be immediately forwarded to the appropriate court by the Sheriff.
If the offender in question cannot be located by program staff, the supervising probation officer shall file a Notice of Noncompliance with the Court requesting a warrant.
If the offender does not meet Home Detention guidelines within 14 days of intake, program staff must file a status memorandum with the Court.
Court's wording
If offender does not meet program guidelines for Home Detention (including telephone service, cellular telephone, or other wireless or cellular communications device, and suitable housing) within two weeks (14 days) of the Home Detention Intake appointment, program staff shall file a memorandum with the Court, advising the Court of the offender’s status.
The supervising probation officer must notify the Court by memorandum when statutory ineligibility applies.
Court's wording
If the offender is not eligible per prohibition by statute (excluding telephone cellular telephone, or other wireless or cellular communications device provision), the Court shall be notified immediately via e-filed memorandum by the supervising probation officer and the offender will not to be placed on the program until or unless statutory prohibitions are remedied.
Transfers from a Monroe County Problem Solving Court Program component to another Indiana Problem Solving Court Program will be made in writing if the individual is found to be formally eligible for PSC by the respective PSC Team.
A transfer is deemed approved only if both the sending and receiving Courts approve the transfer request by the issuance of a Court Order.
A transfer is deemed approved only if both the s e n d i n g and receiving Problem Solving Courts approve the transfer request by the issuance of a Court Order.
Transfers in and out of the county must b e accompanied by the respective county’s eligibility determination, accompanying assessment, and other collateral information.
The PSC Court Reporter will notify the originally assigned Court of the Defendant’s acceptance into the PSC Program through the issuance of an Entry of a Plea of Guilty, and the PSC Court Reporter sends a copy to the Clerk.
Additionally, the treatment provider completes the treatment report, with recommended c o u r s e of treatment outlined, and provides this report to the PSC PO.
Prior to the Change of Plea Hearing, the PSC PO completes an evaluation report (Problem Solving Court Recommendation Report) and provides this report to the Judge and the PSC Team.
If the offender is terminated unsuccessfully from the PSC Program, the PSC PO files a Petition to Terminate, and the Court sets up an IH for the Petition to Terminate.
Self-Represented parties are required to file appropriate pleadings to initiate court action.
Any document filed with the court shall at a minimum, contain a “certificate of service” that states that the document was provided to the other party(ies); the method of sending the document to the other party(ies); and the date of delivery.
- Document
- Court document
Must include
- •Certificate of service
A completed Financial Declaration or Inventory with all supporting documents.
A proposed Child Support Worksheet (if there are minor children in the case);
Every request for a hearing shall include a brief statement of the issues to be decided at the hearing; whether an emergency exists that requires immediate court action; and an estimate of the time the court should allow for the hearing.
In all hearings involving a child support arrearage, including contempt hearings, the party alleging the child support arrearage shall file a completed Child support Arrearage Calculation Form with the court at the hearing.
In all proceedings involving child support, each party shall include at least one Indiana Child Support Obligation Worksheet filed with every agreed order and brought as an exhibit at every hearing or trial.
Submit the required Income Withholding Order with any child support agreement or proposed order; the Family Court Mediation Project and IU Family & Children Mediation Clinic are exempt in cases they mediate.
Court's wording
In all proceedings involving child support, the Income Withholding Order required by IC 31-16-15-0.5 shall be submitted to the court with any agreement or proposed order. A blank order may completed and printed at Office of Child Support Enforcement The Family Court Mediation Project and IU Family & Children Mediation Clinic are exempt from the requirement to file Income Withholding Orders with the cases they mediate.
File the listed parent and child information as a confidential document for the child support case; the Monroe County Appearance Form contains the required blanks.
Court's wording
In order to build a child support case, the Clerk’s office must have certain information, as shown below. The information must be filed as a confidential document. The Monroe County Appearance Form contains the needed blanks and is attached as Appendix C: 1. Name of each parent and each child 2. Social Security number of each parent and each child 3. Date of Birth of each parent and each child 4. Race of each parent and each child 5. Gender of each child
If an agreed amount of child support deviates from the amount shown on the Worksheet, the agreement shall set out the reasons for the deviation.
If the litigant is not eligible to use the Inventory per the questions on the front page of the Inventory, that litigant shall use the Financial Declaration.
A request to appoint a Guardian ad Litem or Custody Evaluator in a case involving alleged risk to the child must include the professional’s availability and contact information, service cost, and the party’s proposed division of costs.
Court's wording
If either party alleges that parenting time presents a risk to the physical safety or emotional endangerment of the child, the parties may request the appointment of, or the Court may on its own motion appoint, a Guardian ad Litem or Custody Evaluator. The request shall contain the availability, name, address, and phone number of the recommended professional and the cost of services, and how the party proposes that costs will be divided.
In a dissolution of marriage or legal separation case, both parties must complete one of the Financial Inventory or Financial Declaration attached at Appendix E and F
The parties shall each bring their Inventory or Declaration as an exhibit to the final hearing.
All petitions for contempt shall state the date of each order and the specific provisions thereof that are violated. The petition for contempt must be signed, state whether incarceration is a requested remedy, and must be in compliance with IC 34-47-3-5.
Such Motion to Withdraw must comport with TR 3.1(H).
Any “cooling off” period before a Motion to Withdraw Appearance may be granted must be noted in the Motion
The communication shall contain the case number, which generally begins with “53C0.”
- Document
- Court communication
Must include
- •Case number
Any agreement must also include a signed and completed Notice of Exemption Rights as provided in the Indiana Small Claims Manual.
A garnishment order may issue only if the specified proceeding or notice-waiver, service proof, and applicable employment and bank-account verification requirements are satisfied.
Court's wording
The Court shall not issue an order garnishing a debtor’s wages or other property without the following: A. An active proceeding supplemental as to the judgment debtor or waiver of notice by the judgment debtor. B. Proof of service on the garnishee defendant of the proceedings supplemental or interrogatories as laid out in Indiana Small Claims Rule 3. C. Verification of the judgment debtor’s employment by answered interrogatories or other credible evidence, or the failure of the garnishee defendant to answer interrogatories regarding the judgment debtor’s employment; and D. If the creditor is seeking a bank account hold, verification of the judgment debtor’s ownership interest in a bank account by answered interrogatories or other credible evidence, or the failure of the garnishee defendant to answer interrogatories regarding the judgment debtor’s bank account.
All claims for damages on rental property must be documented by a Landlord’s Request for Damages Form (Appendix A and Appendix B) and corroborating evidence.
The written lease agreement (if any);
Include
- •The written lease agreement, if any
Any party seeking a stay of the proceedings as a result of a bankruptcy proceeding shall petition the court, attaching to the petition a copy of the Bankruptcy Cover Petition and the Schedule of Creditors.
B. Preparation of Orders. A party filing a motion or petition shall provide the court with an appropriate proposed order at the time of the filing.
- Document
- Motion or petition
Must include
- •Proposed order
C. Initial Petition. The initial petition opening the estate shall be accompanied by a completed Fiduciary Information Form that contains identifying information for the proposed personal representative, or other fiduciary.
Attorneys without a distribution box who file pleadings by mail or leave them with the court must include a stamped, self-addressed return envelope.
Court's wording
A. Mail Copies. When pleadings are filed by mail or left with the court for filing by attorneys who do not have distribution boxes in the Office of Court Services, a stamped self-addressed envelope shall be included for return of the pleadings to the party or attorney.
4. Where a Will provides that bond be dispensed with, the Court shall nonetheless fix a bond in an amount adequate to protect creditors and taxing authorities.
A petitioner who is a nonresident individual or corporate fiduciary, or whose appointed fiduciary becomes a nonresident of Indiana, must file a bond within the stated lower and upper amount limits.
Court's wording
7. As required by I.C. §29-1-10-1, if the petitioner is a nonresident individual or corporate fiduciary, or if an appointed fiduciary becomes a nonresident of Indiana, the petitioner must file a bond in an amount: (A) not less than: (i) the probable value of the estate's personal property; plus (ii) the estimated rents and profits to be derived from the property in the estate during the probate period; and (B) not greater than the probable gross value of the estate.
1. Except as hereinafter provided, in every unsupervised and supervised estate the personal representative shall file a corporate surety bond in an amount determined by the Court to be adequate to protect distributees, creditors and taxing authorities. This shall be a minimum of Fifteen Thousand Dollars ($15,000) unless otherwise ordered.”
A. Corporate Surety Bond in Estates. In every estate, the fiduciary, prior to the issuance of letters, shall file a corporate surety bond in such amount as shall be set by the court, except as hereafter provided:
In a supervised estate, a petition to sell personal property requires a competent appraiser's written fair-market-value appraisal filed with the court when the petition or inventory is filed.
Court's wording
In all supervised estates, no petition for sale of 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 of the property to be sold is filed with the court, either at the time of filing of the petition to sell or at the time the inventory is filed.
Deed submitted to the court for approval in estate proceedings shall be signed by the fiduciary before a notary public prior to its submission.
Whenever a final decree reflects vesting of real estate in heirs or beneficiaries, the decree shall be recorded with the Recorder of the county where the real estate is located, and evidence of such recording shall be provided to the court with the supplemental report.
Shall state facts showing to the court the reasons the estate cannot be closed and providing the court with an estimated date of closing.
All accountings to the court shall contain an itemized statement of all assets on hand.
In all supervised estate accountings, a notation shall be placed by each reported expenditure indicating the check number, date, payee, and reason for, or nature of the expenditure.
Missing checks shall be accounted for
In all supervised estate accountings, vouchers or cancelled checks for the expenditures claimed shall be filed with the accounting.
Shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees, claimants, and taxing authorities.
The notice filed with the court must state the action taken on each claim against the estate.
Court's wording
Three months and fifteen days after the date of the first published notice to creditors, the fiduciary or the fiduciary’s attorney, shall examine the Claim Docket and shall allow or disallow each claim filed against the estate, and file a notice with the court stating the action taken.
Such accounting shall comply with the provisions of Indiana Code Sections 29-1-16-4 and 29-1-16-6, and
The court will not authorize or approve the sale of property in an unsupervised estate.
Filing & Service rules
Electronic Filing Rules
The supervising probation officer must notify the Court immediately by e-filed memorandum when statutory ineligibility applies.
If the offender is not eligible per prohibition by statute (excluding telephone cellular telephone, or other wireless or cellular communications device provision), the Court shall be notified immediately via e-filed memorandum by the supervising probation officer and the offender will not to be placed on the program until or unless statutory prohibitions are remedied.
Page 55 | K. FAILURE TO MEET ELIGIBILITY GUIDELINES FOR HOME DETENTION PROGRAM
During regular business hours, the facility must submit the application to the on-call mental health judge in Division I or VI by email or fax for review and endorsement.
During regular business hours, the facility shall submit the Application to the on-call mental health judge, either Division I or VI, via e-mail or fax for their review and endorsement.
Page 82 | LR53-MH00-0900 EMERGENCY DETENTION PROCUEDURES
After regular business hours, on weekends, or on legal holidays, the facility must email the application to the on-call mental health judge and telephone the duty judge to notify them of the pending application.
After regular business hours, weekends, or legal holidays, the facility shall submit the Application via e-mail to the on-call mental health judge and telephone the on-call mental health duty judge to notify them of the pending Application.
Page 82 | LR53-MH00-0900 EMERGENCY DETENTION PROCUEDURES
Pleadings not exceeding ten (10) pages in length, may be filed by facsimile (FAX) as provided in Administrative Rule 12. Facsimile filing does not require follow up filing of duplicate original documents.
Pleadings not exceeding ten (10) pages in length, may be filed by facsimile (FAX) as provided in Administrative Rule 12. Facsimile filing does not require follow up filing of duplicate original documents.
Page 42 | PREPARATION OF PLEADINGS AND ORDERS
Filing Timing and Cure Windows
The Media request form must be submitted at least five days before the court proceeding.
Said Media request form must be submitted in writing to the Court at least five (5) days prior to the court proceeding.
Page 39 | LR53-AR00-0156 THE TAKING OF PICTURES, AUDIO OR VIDEO OF COURT PROCEEDINGS
An objection to the admissibility of an expert deposition must be made in writing by the earlier of five days before the deposition or ten days after notice of the deposition, subject to court orders.
C. Depositions of Experts. Depositions of experts shall be admissible at trial regardless of the availability of the witness or other limitations in Trial Rule 32(A), unless objection to the admissibility is made in writing 5 days prior to the taking of said deposition or within 10 days subsequent to notice of the deposition, whichever deadline occurs first subject to any Orders of the court.
Page 44 | DEPOSITIONS — C. Depositions of Experts
A continuance motion based on either described scheduling conflict must be filed within 7 days after the conflict becomes apparent.
Any such motion for continuance shall be filed within 7 days of the scheduling conflict becoming apparent.
Page 45 | Continuances Sought for Conflicts
The Court must be notified immediately by memorandum when statutory ineligibility applies.
If the offender is not eligible per prohibition by statute (excluding telephone cellular telephone, or other wireless or cellular communications device provision), the Court shall be notified immediately via e-filed memorandum by the supervising probation officer and the offender will not to be placed on the program until or unless statutory prohibitions are remedied.
Page 55 | K. FAILURE TO MEET ELIGIBILITY GUIDELINES FOR HOME DETENTION PROGRAM
The Court holds motions to shorten the time to respond to discovery for two business days so the other side can object.
Motions to Shorten Time shall be held by the court for two business days, to give the other side opportunity to make objection.
Page 63 | ADMINISTRATIVE PROCEDURES
The Respondent must make the second strike within seven days of the Petitioner’s strike.
Respondent shall strike second, within seven (7) days of Petitioner’s striking.
Page 64 | ADMINISTRATIVE PROCEDURES
If a continuance motion says an objection is unknown or that the other party objects, the Court holds it for two business days before ruling to allow objections; for an emergency, the Court need not wait.
If the Motion states that it is unknown whether there is an objection, or that the other party does object, then the Court shall hold the Motion for two business days before ruling, to give the other parties a chance to file any objections. 2. If the Motion is made on an emergency basis, such as illness or unforeseen other emergency of the party, counsel, or a witness, the Court need not wait two business days to rule.
Page 64 | CONTINUANCES
Petitioner shall strike first, within seven (7) days,
Petitioner shall strike first, within seven (7) days,
Page 64 | ADMINISTRATIVE PROCEDURES
When ordered to work with a listed professional, the parties have seven days to agree and timely file their agreement; otherwise, the Court issues a panel of three professionals.
If a court orders the parties to work with a professional such as a Mediator, a Custody Evaluator, a Guardian ad Litem, or a Commissioner, the court shall give the parties seven (7) days to agree to the professional. If the parties do not timely file an agreement the Court shall issue a panel of three professionals
Page 64 | ADMINISTRATIVE PROCEDURES
If incarceration is requested, the person alleged to be in contempt must bring counsel to the hearing or ask for appointment of a public defender at least ten days before the hearing.
If incarceration is a requested remedy in the Motion for Rule to Show Cause, the person against whom contempt is being alleged shall bring counsel to the hearing or shall ask for appointment of a public defender at least ten days in advance of the hearing.
Page 68 | CONTEMPT ACTIONS
The creditor must file a Release of Judgment within 30 days after the opposing party pays the judgment in full.
The Creditor shall file a Release of Judgment within thirty (30) days after the opposing party has paid a judgment in full.
Page 74 | RELEASE OF JUDGMENTS
A real estate appraisal must be made within one year of the petition for sale being filed.
All appraisals shall be made within one year of the date of the filing of the petition for sale of the real estate.
Page 77 | LR53-PR00-0805 REAL ESTATE
An appraisal for a personal-property sale must be made within the year preceding the petition to sell.
All appraisals shall be made within one year preceding the date of the petition to sell personal property.
Page 77 | LR53-PR00-0806 SALE OF PROPERTY
Whenever supervised estate cannot be closed within one year, an intermediate account shall be filed with the court within thirty days after the expiration of one year and each succeeding year thereafter.
Whenever supervised estate cannot be closed within one year, an intermediate account shall be filed with the court within thirty days after the expiration of one year and each succeeding year thereafter.
Page 78 | LR53-PR00-0808 ACCOUNTINGS
Three months and fifteen days after the first published notice to creditors, the fiduciary or attorney must review each claim, allow or disallow it, and file a notice stating the action taken.
Three months and fifteen days after the date of the first published notice to creditors, the fiduciary or the fiduciary’s attorney, shall examine the Claim Docket and shall allow or disallow each claim filed against the estate, and file a notice with the court stating the action taken.
Page 78 | LR53-PR00-0807 CLAIMS
Court costs must be paid and all claims satisfied and released on or before the closing affidavit is filed.
All court costs shall be paid, and all claims satisfied and released on or before the date of the filing of the closing affidavit
Page 79 | LR53-PR00-0810
Court costs must be paid and all claims satisfied and released before the final-account hearing.
All court costs shall be paid, and all claims satisfied and released before the hearing on the final account
Page 79 | LR53-PR00-0808
The guardian must file reports biennially or at other times ordered by the Court.
The guardian of the incapacitated person shall file reports concerning the incapacitated person biennially or at such other times as ordered by the Court.
Page 81 | J. Reports
The next business day, the court reporter for Division I or VI must file the completed application with the Clerk’s Office for assignment of a cause number.
The next business day the court reporter, either Division I or VI, shall file the completed Application with the Clerk’s Office for them to assign a cause number.
Page 82 | LR53-MH00-0900 EMERGENCY DETENTION PROCUEDURES
A certification that the account is properly restricted must be filed within 30 days after the order authorizing its creation.
Within thirty (30) days after the Order authorizing the creation of the account, a certification that a properly restricted account has been created shall be filed.
Page 82 | K. Restricted Accounts
Eviction hearing times are set within 15 to 45 days after filing.
The Court sets the time within 15 to 45 days from the filing date.
Page 17 | LR53-AR00-0111 ALLOCATION OF SMALLCLAIMS /EVICTIONS/ ORDINANCE VIOLATIONS /PROCEEDINGSSUPPLEMENTAL /INFRACTIONS
Small claims hearings are set on the first available date within 30 to 45 days after filing.
These hearings are set on the first available date within 30-45 days of the filing date.
Page 17 | LR53-AR00-0111 ALLOCATION OF SMALLCLAIMS /EVICTIONS/ ORDINANCE VIOLATIONS /PROCEEDINGSSUPPLEMENTAL /INFRACTIONS
A dismissal pleading may be filed at any time before judgment.
A claim, counterclaim, or cross-claim may be dismissed by the moving party filing a written pleading at any time before judgment.
Page 72 | LR53-SC00-0705 DISMISSAL OF ACTIONS, A. Motion Required
If the judgment remains unpaid within 30 days, the creditor may file a Motion for Proceeding Supplemental.
If the debtor has not paid a judgment within 30 days, the creditor may file a Motion for Proceeding Supplemental with the Court.
Page 73 | A. Proceeding Supplemental
Service and Proof of Service Rules
Proceedings supplemental must comply with the 21-to-45-day service requirements; the Clerk executes the order to appear, enters the data, issues service, and sends the file to the Court.
The Clerk will set all proceedings supplemental complying with the 21 to 45 day service requirements. The Clerk will execute the order to appear, input data into Odyssey Case Management System, issue the service and send the file to the Court.
Page 18 | LR53-AR00-0111 ALLOCATION OF SMALLCLAIMS /EVICTIONS/ ORDINANCE VIOLATIONS /PROCEEDINGSSUPPLEMENTAL /INFRACTIONS
Upon request, probation officers must provide defense counsel and the Prosecutor a copy of substance testing results for any test alleged in a PTR, NNC, or court-filed memo.
Probation officers shall provide a copy of substance testing results, upon request, to defense counsel and the Prosecutor for any test alleged in a PTR, NNC, or memo filed with the Court.
Page 36 | LR53-AR00-0146 PETITION TO REVOKE AND NOTICE OF NON-COMPLIANCE
A motion seeking action in three days or less must be served on opposing parties by fax, email, or personal service, and the filer must notify the other parties by telephone when delivering it to the court.
A motion seeking judicial action in three days or less shall be served on opposing parties by FAX, email, or personal service. The attorney or party filing of such a motion shall also inform the other parties of the filing by telephone at the time the motion is delivered to the court.
Page 42 | SERVICE OF EMERGENCY MOTIONS
An attorney with a Justice Building Court Services mailbox consents to service there, equivalent to U.S. mail; when conventional filing or Trial Rule 87(B)(2) permits, service is made by mailbox deposit if consent is on file with Court Services.
An attorney who has a mailbox in the Justice Building Court Services office consents to service of pleadings to that mailbox. Such service shall be deemed equivalent to service by United States mail. If conventional filing is permitted or if otherwise permitted by Trial Rule 87(B)(2) on a case, service shall be accomplished by deposit in the attorney’s courthouse mailboxes provided consent to such service is on file with Court Services. An attorney who has a mailbox in the Justice Building Court Services office consents to service of pleadings to that mailbox. Such service shall be deemed equivalent to service by United States mail.
Page 42 | SERVICE TO ATTORNEY’S JUSTICE BUILDING MAILBOX
A party intending to offer biologically contaminated evidence must serve all parties so the court can consider the issue before trial.
A party who intends to offer 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 appropriately before trial.
Page 47 | Biologically Contaminated Evidence
At the initial exchange, each party must attach reasonably available supporting information, excluding material that must be subpoenaed or is held by the other party.
For the purpose of providing a full and complete verification of assets, liabilities, and values, at the time of the initial exchange, each party shall attach the supporting information that is reasonably available. “Reasonably available” means material that may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed, or is in the possession of the other party.
Page 67 | Supporting Documents
A party who discovers previously unexchanged information after exchanging a verified form must informally update the other party as quickly as feasible and provide an updated, verified form as soon as practical.
If, after a party has exchanged a verified Inventory or Declaration, that party discovers information not previously exchanged, that party shall A) informally provide such updates to the other party as quickly as feasible and B) provide an updated and verified form as soon thereafter as practical to the other party.
Page 67 | Updates
The parties must exchange a completed financial form at least seven days before mediation or a final hearing; the State of Indiana is exempt when it is a party for child support purposes, and no court order is required.
In a dissolution of marriage or legal separation case, both parties must complete one of the Financial Inventory or Financial Declaration attached at Appendix E and F and shall exchange at least seven (7) days prior to any mediation or final hearing. Additionally, either party may request completion through discovery, and discovery deadlines would apply. The State of Indiana, when it is a party for child support purposes, is exempted from this requirement. No court order for such exchange shall be required.
Page 67 | Required Exchange
The form must be supplemented if additional material becomes available.
Additionally, pursuant to Indiana Trial Rule 26(E)(2) and (3), the form must be supplemented if additional material becomes available.
Page 68 | Mandatory Discovery
A communication to the court outside the courtroom must be served on all other parties.
Any matter communicated to the court outside of the courtroom must be in writing, signed, and served on all other parties to the case.
Page 70 | COMMUNICATIONS WITH THE COURT
The filer must certify in writing that the communication was sent to all parties, stating the date, method, and exact address used, and including an email address or fax number when applicable.
The person filing the communication shall certify in writing that they have sent a copy of the communication to all parties, including the date it was sent to each other party, the method of sending, and the exact address it was sent to. If that party accepts or the court has approved email service or fax service, then the certification shall include the email address or fax number.
Page 71 | C. Duty to Serve
A Motion to Continue must be served to be considered by the court.
The court will consider written, signed, and served Motions to Continue if a good reason is provided for the delay.
Page 72 | LR53-SC00-0703 CONTINUANCES, A. Written Motion Required
A Motion to Permit Discovery must be served.
Upon a written, signed, and served Motion to Permit Discovery, and in accordance with Indiana Small Claims Rules, the court may grant an order permitting discovery, which would then proceed as per the Indiana Rules of Trial Procedure and any applicable local rules.
Page 72 | LR53-SC00-0704 DISCOVERY
For a debtor’s first Contempt Hearing in a case, service must be provided by the Sheriff.
For a Debtor’s first Contempt Hearing on a case, the Court shall have service provided by Sheriff.
Page 73 | B. Contempt Hearing
For a debtor’s second or subsequent Contempt Hearing in a case, the creditor must personally serve the debtor as required by Trial Rule 64(A)(2)(a).
For a Debtor’s second or subsequent Contempt Hearing on a case, the Creditor shall serve the Debtor personally (according to the requirements of Trial Rule 64(A)(2)(a)).
Page 73 | B. Contempt Hearing
Notice to the alleged incapacitated person or, if known, the duly appointed attorney-in-fact is required before appointment of an adult guardian or entry of a protective order, unless verified allegations establish the specified risk from delay.
Consistent with I.C. § 29-3-3-4(a) and (b), no guardian of an adult shall be appointed, or protective order entered without notice to the alleged incapacitated person or to his duly appointed attorney-in-fact (if known), except upon verified allegations that delay may result in immediate and irreparable injury to the alleged incapacitated person or loss or damage to property.
Page 80 | GUARDIANSHIPS
A guardian seeking to revoke a valid power of attorney must obtain Court approval after a hearing and notice to the attorney in fact.
A guardian seeking to revoke a valid power of attorney must obtain Court approval which can be granted only after hearing and notice to the attorney in fact.
Page 81 | H. Power of Attorney
For small claims, the Clerk issues service before sending the file to the Court.
The Clerk will enter the case electronically and issue the service before sending the file to the Court.
Page 17 | LR53-AR00-0111 ALLOCATION OF SMALLCLAIMS /EVICTIONS/ ORDINANCE VIOLATIONS /PROCEEDINGSSUPPLEMENTAL /INFRACTIONS
Appraisals are not required, but any appraisal obtained must be exchanged.
Appraisals of real estate and pensions, or of personal property such as jewelry, antiques, or special collections (i.e., stamps, coins, or guns), are not required. However, once an appraisal is obtained, it must be exchanged.
Page 67 | Supporting Documents
Filing Fees and Waivers
All Court Alcohol and Drug Program fees must be paid to the Clerk of the Court.
C. All Court Alcohol and Drug Program Fees are payable to Clerk of the Court.
Page 37 | LR53-AR00-0153 COURT ALCOHOL AND DRUG PROGRAM USER FEES
Problem Solving Court user fees are payable at the Probation Department, Curry Building Office.
D. Problem Solving Court User Fees are payable in the Probation Department, Curry Building Office.
Page 38 | LR53-AR00-0154 PROBLEM SOLVING COURT USER FEES
Participants must pay all assessed fees in full before successfully completing the program.
Participants must pay any assessed fees in full prior to successful completion (graduation/commencement) from the program.
Page 38 | LR53-AR00-0154 PROBLEM SOLVING COURT USER FEES
The combined cost of services provided to a participant under one cause number may not exceed the statutory amount.
The cost of all services combined that are provided to program participants under anyone (1) cause number may not exceed the amount permitted under IC 33-23-16-23.
Page 38 | LR53-AR00-0154 PROBLEM SOLVING COURT USER FEES
Nonindigent defendants who fail to pay court costs, fines, or civil penalties by the ordered date are subject to a late fee of $25 or the maximum allowed by Indiana law, but the court may suspend it for demonstrated good cause.
B. Scope. This rule applies to all defendants found guilty of crimes, violation of infractions, ordinance violations, or delinquent acts who are not determined to be indigent and fail to pay court costs, fines, or civil penalties by the date ordered by the Monroe County Circuit Court. C. Late Fee Amount. If all court costs, fines, or civil penalties are not paid by the date ordered, an additional late fee of $25.00, or the maximum allowed by Indiana Law shall be imposed. D. Late Fee Suspended. A court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely fee payment in full.
Page 40 | LR53-AR00-0157 LATE FEE
If the Sheriff service fee has not already been paid, the judgment plaintiff must pay it within 30 days.
If a Sheriff service fee has not been previously paid, the judgment plaintiff shall pay the Sheriff service fee within thirty (30) days.
Page 73 | B. Contempt Hearing
The maximum charge for preparing a category 2 expedited private transcript is $9.00 per page.
The maximum per page fee a court reporter may charge for the preparation of a category 2 expedited private transcript shall be $9.00.
Page 29 | B. Section Two. Salaries and Per Page Fees.
The maximum charge for preparing a category 3 expedited private transcript is $8.00 per page.
The maximum per page fee a court reporter may charge for the preparation of a category 3 expedited private transcript shall be $8.00.
Page 29 | B. Section Two. Salaries and Per Page Fees.
A court reporter may not charge a court-appointed entity for copies of an indigent transcript whose preparation was paid for by the county.
The court reporter shall not charge for copies of a prepared indigent transcript requested by a Court appointed entity (i.e., CASA, GAL) when the preparation of same has already been paid by the county.
Page 29 | B. Section Two. Salaries and Per Page Fees.
The maximum charge for preparing a non-appellate state indigent transcript is $6.00 per page.
The maximum per page fee a court reporter may charge for the preparation of a non-appellate state indigent transcript shall be $6.00.
Page 29 | B. Section Two. Salaries and Per Page Fees.
The maximum charge for preparing a routine county indigent transcript is $6.00 per page.
The maximum per page fee a court reporter may charge for the preparation of a routine county indigent transcript shall be $6.00.
Page 29 | B. Section Two. Salaries and Per Page Fees.
A court reporter may charge $3.50 per page for a copy of a prepared transcript.
The per page fee a court reporter may charge for a copy of a prepared transcript shall be $3.50.
Page 29 | B. Section Two. Salaries and Per Page Fees.
The maximum charge for preparing a category 1 expedited private transcript is $10.00 per page.
The maximum per page fee a court reporter may charge for the preparation of a category 1 expedited private transcript shall be $10.00.
Page 29 | B. Section Two. Salaries and Per Page Fees.
A court reporter may not charge for copies of an indigent transcript whose preparation was paid for by the county.
The court reporter shall not charge a fee for copies of an indigent transcript when the preparation of same has already been paid by the county.
Page 29 | B. Section Two. Salaries and Per Page Fees.
The maximum charge for preparing a non-appellate private transcript is $6.50 per page.
The maximum per page fee a court reporter may charge for the preparation of a non-appellate private transcript shall be $6.50.
Page 29 | B. Section Two. Salaries and Per Page Fees.
The maximum charge for preparing an appellate private transcript is $7.00 per page.
The maximum per page fee a court reporter may charge for the preparation of an appellate private transcript shall be $7.00.
Page 30 | D. Section Four. Appellate Court Transcripts.
The index and table of contents are charged at the same per-page rate as the transcript body.
The Index and Table of Contents shall be charged at the same per page rate as the body of the transcript.
Page 30 | D. Section Four. Appellate Court Transcripts.
The maximum charge for preparing an appellate indigent transcript is $6.50 per page.
The maximum per page a court reporter may charge for the preparation of an appellate indigent transcript is $6.50.
Page 30 | D. Section Four. Appellate Court Transcripts.
Labor charge may be assessed at the same rate as the Official Court Reporter’s hourly salary rate for assembling the digital transcript and exhibits.
Labor charge may be assessed at the same rate as the Official Court Reporter’s hourly salary rate for assembling the digital transcript and exhibits.
Page 30 | D. Section Four. Appellate Court Transcripts.
A $40.00 minimum fee may be charged for small transcripts, but it cannot be added to the per-page fee.
A minimum fee of $40.00 per transcript may be charged for small transcripts but not in addition to the per page fee.
Page 30 | D. Section Four. Appellate Court Transcripts.
The Board of Judges must set or approve the Probation Department fee schedule, which is updated annually or as needed.
A. The Board of Judges shall set/approve a schedule of fees for the Probation Department. This fee schedule will be updated annually or as needed.
Page 36 | LR53-AR00-0149 PROBATION FEES
The Prime for Life Course fee is listed as “$12 Hour -$170.00.”
5. Prime for Life Course: $12 Hour -$170.00.
Page 37 | LR53-AR00-0153 COURT ALCOHOL AND DRUG PROGRAM USER FEES
The Alcohol Education School fee is $75.
4. Alcohol Education School fee: $75.
Page 37 | LR53-AR00-0153 COURT ALCOHOL AND DRUG PROGRAM USER FEES
The assessment, referral, and monitoring fee is $400 for misdemeanor and felony convictions.
1. Assessment, Referral, and Monitoring: $400 for misdemeanor and felony conviction.
Page 37 | LR53-AR00-0153 COURT ALCOHOL AND DRUG PROGRAM USER FEES
The transfer-out fee is $100.
3. Transfer out fee: $100.
Page 37 | LR53-AR00-0153 COURT ALCOHOL AND DRUG PROGRAM USER FEES
The assessment, referral, and monitoring fee for other jurisdictions is $300 for misdemeanor or felony convictions.
2. Assessment, Referral, and Monitoring for other jurisdictions: $300 for misdemeanor conviction; $300 for felony conviction.
Page 37 | LR53-AR00-0153 COURT ALCOHOL AND DRUG PROGRAM USER FEES
The Drug Treatment Court administration fee may not exceed $100 per admission.
B. Drug Treatment Court Administration Fee: Not more than $100.00 per admission
Page 38 | LR53-AR00-0154 PROBLEM SOLVING COURT USER FEES
Participants may also be required to pay for services provided by the Probation Department such as chemical drug testing, house arrest, community service work and other ancillary program fees.
Participants may also be required to pay for services provided by the Probation Department such as chemical drug testing, house arrest, community service work and other ancillary program fees.
Page 38 | LR53-AR00-0154 PROBLEM SOLVING COURT USER FEES
The Drug Treatment Court user fee is $50 or less per month, beginning in the second month of participation and continuing for the duration of participation.
C. Drug Treatment Court User Fee: Fifty dollars ($50) or less will be collected monthly beginning with the second month of participation and continuing for each month thereafter for the duration of participation in the problem-solving court.
Page 38 | LR53-AR00-0154 PROBLEM SOLVING COURT USER FEES
A $25 fee may be charged for transfers into or out of a Problem Solving Court Program.
A $25 transfer fee may be charged to individuals transferring into or out of a Problem Solving Court Program.
Page 58 | LR53-CR00-0318 PROBLEM SOLVING COURT CASE TRANSFERS
Program participants may be assessed an administration fee and monthly program service fees.
Program participants may be assessed an administration fee and monthly program service fees.
Page 38 | LR53-AR00-0154 PROBLEM SOLVING COURT USER FEES
Sealing & Redaction Procedures
Financial Inventories, Declarations, and supporting documents must be maintained as confidential; they may be withdrawn at the end of the case only with all parties’ agreement and the presiding judge’s approval.
Financial Inventories and Declarations may be withdrawn by the parties at the conclusion of the case with the agreement of all parties and the approval for the judge presiding in the case. Financial Inventories and Declarations and any supporting documents shall be maintained as confidential documents pursuant to Access to Court Records 5.
Page 68 | Confidentiality
A real estate appraisal filed with the court must be maintained as a confidential court record.
Any real estate appraisal filed with the court shall be maintained by the court as a confidential court record pursuant to Access to Court Records 5.
Page 77 | LR53-PR00-0805 REAL ESTATE
Upon request, the court must maintain the written appraisal as a confidential court record.
Upon request, the written appraisal shall be maintained by the court as a confidential court record pursuant to Access to Court Records 5.
Page 77 | LR53-PR00-0806 SALE OF PROPERTY
An inventory filed in an unsupervised estate must be maintained by the court as a confidential court record.
If an inventory is filed with the court, it shall be maintained by the court as a confidential court record pursuant to Access to Court Records 5.
Page 77 | LR53-PR00-0804 INVENTORY AND DOCUMENTS SHOWING VALUE
The court must maintain filed inventories and accountings in supervised estates as confidential court records.
The court will maintain any inventory or accounting filed as a confidential court record pursuant to Access to Court Records 5.
Page 77 | LR53-PR00-0804 INVENTORY AND DOCUMENTS SHOWING VALUE
The court will maintain the Fiduciary Information Form as a confidential court record under Access to Court Records 5.
The court will maintain the Fiduciary Information Form as a confidential court record pursuant to Access to Court Records 5.
Page 75 | FILING OF PLEADINGS
Pre-Motion Conference Requirements
A party opposing a motion to dismiss, a TR 12 motion, or a motion to strike must file a response memorandum within 20 days after the motion is filed, or the motion may be summarily ruled on without further notice or a hearing.
A party opposing such a motion shall file a response memorandum within 20 days of the filing of the motion or the motion shall be subject to summary ruling without further notice and without a hearing.
Page 43 | MOTIONS — B. Accompanying Legal Memorandum
When a motion to suppress is filed, the party with the burden of proof must file a response legal memorandum within 20 days.
If a motion to suppress is filed, then the party with the burden of proof shall file within 20 days a legal memorandum in response.
Page 43 | MOTIONS — B. Accompanying Legal Memorandum
Adjournment & Extension Requirements
An initial written motion to enlarge time to answer or respond, filed on or before the original due date and stating the original and enlarged dates, is automatically allowed an additional 30 days without a court order.
A. Enlargement of Time to Answer. An initial written motion for enlargement of time to file an answer or other responsive pleadings shall be automatically allowed for an additional 30 days from the original due date without order of the court. Said motion shall state the original date when the response was due and the date to which that time is enlarged. For this rule to be applicable, the motion must be filed on or before the original due date.
Page 43 | MOTIONS — A. Enlargement of Time to Answer
A continuance motion must state the hearing or trial date and time, the reason, a good-faith estimate of the time needed if rescheduled, when opposing counsel or the party was notified, and whether the opponent agrees or objects; it must not include other requests.
A. Information in Motion. A motion to continue a hearing or trial shall contain the following: 1. The date and time of the hearing or trial for which a continuance is sought. 2. The reason for the continuance. 3. A motion for continuance shall not contain any other requests. 4. A good faith estimate of the time needed for such hearing or trial when rescheduled. 5. The date and time opposing counsel/party was notified that the party would seek a continuance. 6. Whether opposing counsel /party agrees with or objects to the continuance; and
Page 44 | CONTINUANCES — A. Information in Motion
A continuance motion based on a previously scheduled vacation must state when the vacation was set.
A motion for continuance based on a conflict with a previously scheduled vacation shall state the date the vacation was set.
Page 45 | Continuances Sought for Conflicts
A continuance motion based on a conflict with another case must identify that case, when the conflicting date was set, and the type of hearing or trial.
A motion for continuance based upon a scheduling conflict with another case shall specify the other case name and number, the date on which the conflicting hearing or trial date was set by the other court, and the type of hearing or trial.
Page 45 | Continuances Sought for Conflicts
A vacation-conflict continuance motion must state when the vacation was scheduled; a motion based on another case must identify that case, when its conflicting date was set, and the type of hearing or trial.
A motion for continuance based upon a scheduling conflict with a previously scheduled vacation shall state the date the vacation was set. A motion for continuance based upon a scheduling conflict with another case shall specify the other case name and number, the date on which the conflicting hearing or trial date was set by the other court, and the type of hearing or trial.
Page 64 | CONTINUANCES
A continuance motion must state the hearing or trial date and time, reason for the request, estimated rescheduled hearing time, when the opposing side was notified, the opposing side’s position, and contact information for an unrepresented opposing party or why it is unavailable.
A motion to continue a hearing or trial shall contain the following: 1. The date and time of the hearing or trial for which a continuance is sought. 2. The reason for the continuance. 3. A good faith estimate of the time needed for such hearing or trial when rescheduled. 4. The date and time opposing counsel/party was notified that the party would be seeking a continuance. 5. Whether opposing counsel /party agrees with or objects to the continuance; and 6. Contact information, including at least one telephone number, for any unrepresented opposing party, or an explanation of why that information is not available on diligent inquiry.
Page 64 | CONTINUANCES
The court will consider a Motion to Continue only if it is written, signed, and served and gives a good reason for the delay.
The court will consider written, signed, and served Motions to Continue if a good reason is provided for the delay.
Page 72 | LR53-SC00-0703 CONTINUANCES, A. Written Motion Required
A continuance request filed within 72 hours of trial will not be granted unless the opposing party agrees or the judge determines it is necessary.
A continuance will not be granted for any request filed within 72 hours of the trial unless the opposing party agrees to the continuance, or the judge determines a continuance is necessary.
Page 72 | LR53-SC00-0703 CONTINUANCES, B. Advance Notice
Unrepresented parties and counsel are expected to begin discovery promptly, and extensions are granted only upon a showing of diligence and good cause.
A. Commencement. In general, unrepresented parties and counsel are expected to begin discovery promptly and shall be granted extensions only upon a showing of diligence and good cause.
Page 43 | WRITTEN DISCOVERY — A. Commencement
Parties seeking to continue a hearing should file a written Motion to Continue as soon as they know the hearing date presents a problem.
Parties who wish to delay (continue) a hearing should file a written Motion to Continue as soon as they know that the hearing date presents a problem.
Page 72 | LR53-SC00-0703 CONTINUANCES, A. Written Motion Required
A party objecting to a continuance may ask the court to set a telephone conference about the objection.
If there is an objection to a continuance, the objecting party may ask the court to set a telephone conference to consider the objection.
Page 45 | Objections
The Court may continue the guardian-appointment hearing to appoint a guardian ad litem or attorney.
The Court may in its discretion determine that the alleged incapacitated person should have a guardian ad litem or attorney appointed to represent his or her interests, and the hearing for appointment of a guardian for the alleged incapacitated person may be continued by the Court for that purpose.
Page 81 | G. Appointment of Guardian Ad Litem or Attorney
Chambers Communication Rules
The Court Reporter must notify the Clerk when reassignment is needed, in accordance with District Rule DR 20-TR79-000.
The Court Reporter shall notify the Clerk of the need for reassignment in accordance with District Rule DR 20-TR79-000.
Page 15 | Change of Judge
A designated Probation Department employee must notify the Court as soon as possible, and no later than 12 hours after a listed monitoring-device or location event, unless the expedited rule in section G applies.
Except as provided in section G. below, a designated employee of the Probation Department must provide notification to the Court as soon as possible, but not later than twelve (12) hours, after: 1. The monitoring device of a tracked individual suffers an unexplained or undocumented loss of communication with the employee, and the employee is unable to verify the tracked individual's presence at an approved location by using a backup verification method (contacting the tracked individual by phone); 2. A tracked individual enters a prohibited exclusion zone; or 3. A tracked individual removes, disables, or otherwise interferes with a monitoring device.
Page 54 | REQUIRED NOTIFICATION TO THE COURT AS SUPERVISING AGENCY
For the specified violent-crime cases, a designated Probation Department employee must notify the Court as soon as possible, and no later than 15 minutes after an event listed in section F.
A designated employee of the Probation Department must provide notification to the Court as soon as possible, but not later than fifteen (15) minutes, after the occurrence of an event described in sections F.1. through F. 3. ABOVE if the tracked individual who is placed on electronic monitoring due to being charged with or convicted of: 1. A crime of violence (as defined in IC 35-50-1-2(a)); or 2. A crime of domestic or sexual violence (as defined in IC 16-18-2-88.5).
Page 54 | REQUIRED NOTIFICATION TO THE COURT WITHIN 15 MINUTES
After regular business hours, on weekends, or on legal holidays, the facility must telephone the on-call mental health duty judge about the pending application.
After regular business hours, weekends, or legal holidays, the facility shall submit the Application via e-mail to the on-call mental health judge and telephone the on-call mental health duty judge to notify them of the pending Application.
Page 82 | LR53-MH00-0900 EMERGENCY DETENTION PROCUEDURES
Probation Department staff must not disclose pending-case information to the media; media access must be through court personnel and comply with the cited rules.
The staff of the Probation Department shall not disclose any information regarding a pending case to the media. The media shall have access to information through court personnel in compliance with both the Indiana Rules of Court: Access To Court Record Rule 5 and the Code of Judicial Conduct, CANON 3, B. #10.
Page 31 | DISCLOSURE OF PENDING CASE INFORMATION
Attorneys may coordinate courtroom use for rehearsals during working hours through the Office of Court Services.
The use of courtrooms for rehearsals by attorneys during working hours may be coordinated through the Office of Court Services.
Page 32 | NON-JUDICIAL COURTROOM USE