Monroe County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Intermediate accounting

The intermediate account must state why the estate cannot be closed and provide an estimated closing date.

Shall state facts showing to the court the reasons the estate cannot be closed and providing the court with an estimated date of closing.

CRITICAL

Applies to

Exhibits

For every contested final hearing, a party must bring a completed Financial Declaration or Inventory with all supporting documents.

A completed Financial Declaration or Inventory with all supporting documents.

CRITICAL

Applies to

Entry of a plea of guilty

The PSC Court Reporter must issue an Entry of a Plea of Guilty to notify the originally assigned Court of the Defendant’s acceptance and send a copy to the Clerk.

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.

CRITICAL

Applies to

Child support arrearage calculation form

At any hearing involving a child support arrearage, including a contempt hearing, the party alleging the arrearage must file a completed Child Support Arrearage Calculation Form with the court.

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.

CRITICAL

Applies to

Motion or petition

Must include

proposed order

A party filing a motion or petition must provide an appropriate proposed order when filing.

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.

CRITICAL

Applies to

Notice of noncompliance

If program staff cannot locate the offender, the supervising probation officer must file a Notice of Noncompliance requesting a warrant.

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.

CRITICAL

Applies to

Agency application

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.

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.

CRITICAL

Applies to

Accounting

Every accounting submitted to the court must contain an itemized statement of all assets on hand.

All accountings to the court shall contain an itemized statement of all assets on hand.

CRITICAL

Applies to

Final report

If required and not previously filed, the Federal Estate Tax Closing letter showing payment of the estate’s federal tax liability must accompany the final report when filed.

If required, the Federal Estate Tax Closing letter showing payment of all Federal estate tax liability in the estate shall be attached to the final report at the time of filing, unless previously filed.

CRITICAL

Applies to

Proposed order

Proposed orders approving attorney or fiduciary fees must state that payment is not allowed until the interim or final account is approved by the court.

All proposed orders for approval of fees for attorneys or fiduciaries shall provide that such fees are not to be paid until the interim account, or the final account has been approved by the court.

CRITICAL

Applies to

Physician report

In an adult-incapacity guardianship proceeding, the treating doctor’s Physician’s Report or other evidence required by the Court must be presented when the petition is filed or on the hearing date.

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.

CRITICAL

Applies to

Petition to sell personal property

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.

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.

CRITICAL

Applies to

Proof of payment

If a bond is required, the guardian must submit proof to the Court that current bond premiums have been paid.

If a guardian’s bond is required, the guardian of the incapacitated person shall submit to the Court proof of payment of current premiums due on said bond.

CRITICAL

Applies to

Petition

The petitioner must certify in writing the efforts made to give notice, if any, and the reasons for claiming advance notice should not be required.

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.

CRITICAL

Applies to

Supervised estate accounting

Each reported expenditure in a supervised-estate accounting must be annotated with the check number, date, payee, and reason for or nature of the expenditure.

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.

CRITICAL

Applies to

Transfer request

Transfers to another Indiana Problem Solving Court Program must be made in writing if the individual is found formally eligible by the respective PSC Team.

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.

CRITICAL

Applies to

Financial inventory or declaration

Each party in a dissolution or legal separation case must complete one of the specified financial forms.

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

CRITICAL

Applies to

Supervised estate accounting

Missing checks must be accounted for in supervised-estate accountings.

Missing checks shall be accounted for

CRITICAL

Applies to

Final hearing exhibit

Each party must bring their Inventory or Declaration as an exhibit to the final hearing.

The parties shall each bring their Inventory or Declaration as an exhibit to the final hearing.

CRITICAL

Applies to

Court document

Must include

certificate of service

Every filed document must include a certificate of service stating that it was provided to the other party, the method of delivery, and the delivery date.

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.

CRITICAL

Applies to

Treatment report

The treatment provider must complete a treatment report outlining the recommended course of treatment and provide it to the PSC PO.

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.

CRITICAL

Applies to

Petition

A completed Guardian’s Information Sheet, filed in compliance with the cited rules and using GUARDIANSHIP FORM B, must accompany covered petitions before the Court will act.

A Guardian’s Information Sheet must be completed and filed with any petition seeking to establish a temporary or permanent guardianship or a protective order pursuant to I.C. § 29-1-3-4 et. seq., as amended. The Court will not act upon the petition until the Guardian’s Information Sheet is completed and filed. The Guardian’s Information Sheet must be filed in compliance with Indiana Trial Rule 5(G) and the Indiana Rules on Access to Court Records, Rule 5. (SEE GUARDIANSHIP FORM B).

CRITICAL

Applies to

Court communication

Must include

case number

A communication to the court must contain the case number, which generally begins with “53C0.”

The communication shall contain the case number, which generally begins with “53C0.”

CRITICAL

Applies to

Corporate surety bond

Even when a Will provides that bond be dispensed with, the Court must set a bond adequate to protect creditors and taxing authorities.

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.

CRITICAL

Applies to

Certification

The certification must substantially follow Guardianship Form E.

The certification shall be substantially in accordance with the GUARDIANSHIP FORM E.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must comply with TR 3.1(H).

Such Motion to Withdraw must comport with TR 3.1(H).

CRITICAL

Applies to

Initial petition

The initial petition opening an estate must include a completed Fiduciary Information Form containing identifying information for the proposed personal representative or other fiduciary.

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.

CRITICAL

Applies to

Transfer request

A transfer is approved only when both the sending and receiving courts approve it by issuing a court order.

A transfer is deemed approved only if both the sending and receiving Courts approve the transfer request by the issuance of a Court Order.

CRITICAL

Applies to

Financial declaration

A litigant who is ineligible to use the Financial Inventory based on its front-page questions must use the Financial Declaration.

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.

CRITICAL

Applies to

Indiana child support obligation worksheet

Each party in a child support proceeding must file at least one Indiana Child Support Obligation Worksheet with every agreed order and bring it as an exhibit to every hearing or trial.

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.

CRITICAL

Applies to

Evaluation report

Before the Change of Plea Hearing, the PSC PO must complete and provide the evaluation report to the Judge and PSC Team.

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.

CRITICAL

Applies to

Court instructions to guardian

Executed Court’s Instructions to the Guardian must be filed before appointment and issuance of letters using the applicable required forms; both forms are required for a person-and-estate guardianship, and substitutes are not accepted.

In all guardianship matters, the Court’s Instructions to the Guardian, executed by the Guardian, must be filed with the Court prior to Court appointment and issuance of letters. These Instructions are to be considered as direct Orders of the Court. Instructions to Guardian when the guardianship will be of the person only (SEE GUARDIANSHIP FORM C) or when the guardianship will apply to the minor’s or incapacitated adult’s property (SEE GUARDIANSHIP FORM D) must be completed and filed with the Court. If the Guardian will be appointed over both the person and estate, both sets of Court’s Instructions to the Guardian must be completed and filed with the Court. No substitute form will be accepted by the Court.

CRITICAL

Applies to

Petition for contempt

A contempt petition must identify each violated order’s date and specific provisions, be signed, state whether incarceration is requested, and comply with IC 34-47-3-5.

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.

CRITICAL

Applies to

Income withholding order

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.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filer must provide a proposed order when filing the motion, and the proposed order must include a full distribution list of attorneys or parties to receive it.

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.

CRITICAL

Applies to

Supervised estate accounting

In all supervised estate accountings, vouchers or cancelled checks for the expenditures claimed shall be filed with the accounting.

In all supervised estate accountings, vouchers or cancelled checks for the expenditures claimed shall be filed with the accounting.

CRITICAL

Applies to

Deed

A deed submitted for court approval in an estate proceeding must be signed by the fiduciary before a notary before submission.

Deed submitted to the court for approval in estate proceedings shall be signed by the fiduciary before a notary public prior to its submission.

CRITICAL

Applies to

Confidential child support tracking document

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.

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

CRITICAL

Applies to

Bond

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.

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.

CRITICAL

Applies to

Guardianship determination

The Court will not make a determination without a supporting medical report or testimony at the hearing.

No determination will be made without a supporting medical report or testimony at hearing.

CRITICAL

Applies to

Pleading

Self-represented parties must file appropriate pleadings to initiate a court action.

Self-Represented parties are required to file appropriate pleadings to initiate court action.

CRITICAL

Applies to

Corporate surety bond

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.”

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.”

CRITICAL

Applies to

Child support agreement

An agreement providing for child support that deviates from the Worksheet amount must state the reasons for the deviation.

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.

CRITICAL

Applies to

Corporate surety bond

In every estate, the fiduciary must file a corporate surety bond in an amount set by the court before letters are issued, subject to the stated exceptions.

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:

CRITICAL

A motion to withdraw must note any cooling-off period before the motion may be granted.

Any “cooling off” period before a Motion to Withdraw Appearance may be granted must be noted in the Motion

CRITICAL

Applies to

Garnishment order

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.

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.

CRITICAL

Applies to

Written notice

If principal or interest is withdrawn without Court authorization, both the guardian and the financial institution or brokerage must promptly notify the Court in writing.

The guardian and the financial institution and/or brokerage shall both promptly notify the Court in writing in the event that any principal or interest is withdrawn from the account without Court authorization.

CRITICAL

Applies to

Exhibits

For every contested final hearing, a party must bring a proposed Child Support Worksheet if the case involves minor children.

A proposed Child Support Worksheet (if there are minor children in the case);

CRITICAL

Applies to

Promise to appear form

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.

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.

CRITICAL

Applies to

Attorney undertaking

Before letters issue for a minor’s estate guardianship or a minor’s claim is compromised, the guardian and attorney must execute the Court’s undertaking making the attorney personally responsible for depositing the funds in a restricted account.

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.