Monroe County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Intermediate accounting

The intermediate account must propose partial distribution to the extent it can be made without prejudice to distributees, claimants, or taxing authorities.

Shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees, claimants, and taxing authorities.

CRITICAL

Applies to

Hearing request

Every hearing request must briefly identify the issues, state whether an emergency requires immediate court action, and estimate the hearing time needed.

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.

CRITICAL

Applies to

Pleading requiring a certificate of service

Must include

certificate of service

A pleading that requires a certificate of service must identify the person served, their address, the service method, and the service date.

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.

CRITICAL

Applies to

Transfer

Transfers into or out of the county must include the respective county’s eligibility determination, assessment, and other collateral information.

Transfers in and out of the county must b e accompanied by the respective county’s eligibility determination, accompanying assessment, and other collateral information.

CRITICAL

Applies to

Transfer request

A transfer between Monroe County Problem Solving Court components is approved only when both courts approve it by issuing 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.

CRITICAL

Applies to

Agreement

Any agreement at a Proceeding Supplemental must include a signed and completed Notice of Exemption Rights.

Any agreement must also include a signed and completed Notice of Exemption Rights as provided in the Indiana Small Claims Manual.

CRITICAL

Applies to

Pretrial notice

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.

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.

CRITICAL

Applies to

Memorandum

If the offender does not meet Home Detention guidelines within 14 days of intake, program staff must file a status memorandum with the Court.

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.

CRITICAL

Applies to

Supplemental report

A final decree vesting real estate in heirs or beneficiaries must be recorded in the county where the property is located, and proof of recording must accompany the supplemental report to the court.

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.

CRITICAL

Applies to

Order

The Probation Department Fee Schedule must be recorded on an order filed with the Clerk in the General Order Book under the specified title.

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.”

CRITICAL

Applies to

Closing affidavit

a Clerk’s certification thereof (see Appendix A) shall be filed with the court at the time such closing affidavit is filed with the court evidencing payment of court costs and all claims have been filed.

a Clerk’s certification thereof (see Appendix A) shall be filed with the court at the time such closing affidavit is filed with the court evidencing payment of court costs and all claims have been filed.

CRITICAL

Applies to

Rental property damages claim

Rental-property damages claims must be documented using a Landlord’s Request for Damages Form and corroborating evidence.

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.

CRITICAL

Applies to

Guardian ad litem or custody evaluator appointment request

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.

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.

CRITICAL

Applies to

Claim action notice

The notice filed with the court must state the action taken on each claim against the estate.

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.

CRITICAL

Applies to

Fee payment

Attorney or fiduciary fees may not be paid from a supervised estate without a prior written court order.

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

CRITICAL

The required submission must provide contact information, including a telephone number, for each unrepresented opposing party or explain why it is unavailable after diligent inquiry.

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.

CRITICAL

Applies to

Corroborating evidence

Corroborating evidence for a rental-property damages claim must include the written lease agreement, if one exists.

The written lease agreement (if any);

CRITICAL

Applies to

Petition to terminate

If an offender is terminated unsuccessfully from the PSC Program, the PSC PO must file a Petition to Terminate.

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.

CRITICAL

Applies to

Memorandum

The supervising probation officer must notify the Court 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.

CRITICAL

Applies to

Intermediate accounting

An intermediate accounting must comply with Indiana Code Sections 29-1-16-4 and 29-1-16-6.

Such accounting shall comply with the provisions of Indiana Code Sections 29-1-16-4 and 29-1-16-6, and

CRITICAL

Applies to

Sale of property

The court will not authorize or approve a property sale in an unsupervised estate.

The court will not authorize or approve the sale of property in an unsupervised estate.

CRITICAL

Applies to

Guardian report

For an adult incapacitated person, a treating physician’s report must accompany the current guardian report and verify that the incapacity remains unchanged since the guardianship was established or the last current report.

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.

CRITICAL

Applies to

Final account

A Clerk’s Certification using the Appendix A form must be filed before the final account is approved.

a Clerk’s Certification (attached form at Appendix A) shall be filed with the Court before the final account will be approved.

CRITICAL

Applies to

Guardian report

A guardian’s report must state the incapacitated person’s present residence, current condition, and general welfare.

The 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.

CRITICAL

Applies to

Receipt

When removing evidence, a party must present a signed receipt to the Court Reporter, and the receipt must be filed in the case.

At the time of removal, the party shall present a signed receipt to the Court Reporter, which shall be filed in the case.

CRITICAL

Applies to

Petition for stay

A party seeking a stay because of bankruptcy must petition the court and attach the Bankruptcy Cover Petition and Schedule of Creditors.

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.

CRITICAL

Applies to

Pleading filed by mail or left for filing

Attorneys without a distribution box who file pleadings by mail or leave them with the court must include a stamped, self-addressed return envelope.

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.

CRITICAL

Applies to

Order

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.

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.

CRITICAL

Applies to

Emergency detention application

The facility must complete the necessary emergency detention application.

the facility shall Complete the necessary Application for Emergency Detention of Mentally Ill and Dangerous and/or Gravely Disabled Person (Application).

WARNING

Applies to

Petition to sell property

No written appraisal is required for open-market property whose value is readily ascertainable, including the listed types of assets.

No written appraisal shall be required for the sale of property traded in an open market when the value of that property is readily ascertainable. Such assets include, but are not limited to, stocks, bonds, mutual funds, commodities, precious metals, and motor vehicles.

WARNING

Applies to

Interrogatory answer or objection

An answer or objection to an interrogatory must reproduce the full interrogatory immediately before the answer or objection.

F. Form of Answers or Objections. Answers or objections to interrogatories shall set forth in full the interrogatory being answered or objected to immediately preceding the answer or objection.

WARNING

Applies to

Petition to sell personal property

The written-appraisal requirement does not apply to a property sold at public auction with the court's written approval.

This rule shall not apply if the property is sold at a public auction by written approval of the court.

WARNING

Applies to

Motion to vacate initial hearing

The motion shall estimate the time needed to present the petitioner's case-in-chief and the time needed to present the case in opposition if that can be reasonably ascertained.

The motion shall estimate the time needed to present the petitioner's case-in-chief and the time needed to present the case in opposition if that can be reasonably ascertained.

WARNING

Applies to

Supervised estate accounting

An affidavit in lieu of vouchers, or cancelled checks may be accepted from the fiduciary provided the fiduciary retains the vouchers or cancelled checks on file or by a digital image, and is able to, and will.

An affidavit in lieu of vouchers, or cancelled checks may be accepted from the fiduciary provided the fiduciary retains the vouchers or cancelled checks on file or by a digital image, and is able to, and will.

WARNING

Applies to

Video deposition transcript

The transcript of a video-recorded deposition must be tendered to the court when the deposition is offered into evidence.

B. Video Recordings of Depositions. A transcript of a video recording of deposition testimony shall be tendered to the court when the deposition is offered into evidence.

WARNING

Applies to

Corporate surety bond

Even if all distributees consent in writing to service without bond, the Court will determine whether to require a bond adequate to protect creditors and taxing authorities.

6. Where all distributees consent in writing that the personal representative serve without bond, the Court will nonetheless determine whether to require a bond in an amount adequate to protect creditors and taxing authorities.

WARNING

Applies to

Corporate surety bond

When the personal representative is a distributee, the bond may be reduced by that representative's estimated net distributive share, but the Court will set an amount adequate to protect any other distributees, creditors, and taxing authorities.

5. Where the personal representative is a distributee, the bond may be reduced by the personal representative's estimated net distributive share, but the Court will fix a bond adequate to protect other distributees (if any), creditors and taxing authorities.

WARNING

Applies to

Order for law enforcement assistance

An order directing the Bloomington Police Department, Monroe County Sheriff’s Office, or other appropriate law enforcement agency, to accompany a party to his or her residence to obtain possession of property should read substantially as follows: The (name of agency) is hereby ordered to assist (name) in taking possession of his/her personal property specified above at (address) on (date) at a.m./p.m. for (duration)

An order directing the Bloomington Police Department, Monroe County Sheriff’s Office, or other appropriate law enforcement agency, to accompany a party to his or her residence to obtain possession of property should read substantially as follows: The (name of agency) is hereby ordered to assist (name) in taking possession of his/her personal property specified above at (address) on (date) at a.m./p.m. for (duration)

WARNING

Applies to

Deposition notice

A copy of the deposition notice must be given to the reporter when the deposition is taken for inclusion with the deposition.

A copy of the notice shall be tendered to the reporter at the time of taking the deposition for inclusion with the deposition.

WARNING

Applies to

Dismissal pleading

A moving party may seek dismissal of a claim, counterclaim, or cross-claim by filing a written pleading before judgment.

A claim, counterclaim, or cross-claim may be dismissed by the moving party filing a written pleading at any time before judgment.

WARNING

Applies to

Motion to permit discovery

A Motion to Permit Discovery must be written, signed, and served; if the court permits discovery, it proceeds under the Indiana Rules of Trial Procedure and applicable local rules.

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.

WARNING

Applies to

Corporate surety bond

A surety bond is not required in a solvent estate when the decedent's spouse is the personal representative and sole distributee.

3. No surety bond is required in a solvent estate where the decedent's spouse serves as personal representative and is the sole distributee.

WARNING

Applies to

Inventory

The court may require an inventory filing as a condition of continuing unsupervised estate status.

The court may require an inventory to be filed in unsupervised estates as a condition of continuing that status.

WARNING

Applies to

Petition to approve fees

Appropriate proposed orders should be submitted to the court at the time a petition to approve fees is filed.

Appropriate proposed orders should be submitted to the court at the time a petition to approve fees is filed.

WARNING

Applies to

Written request for audio copy

A party of record seeking an audio copy must file a written request and provide new blank media of the type specified by the court reporter.

Audio copies of court proceedings will be provided to parties of record by filing a written request to the court. The requesting party of record must provide either blank tapes (brand new, high quality), blank new unopened CD’s and/or new, unopened flash drive. The court reporter will notify the requesting party on what type of media to provide.

WARNING

Applies to

Corporate surety bond

A surety bond is not required when a legally qualified corporate banking fiduciary serves as the fiduciary or as one of several co-fiduciaries.

2. No surety bond is required where a corporate banking fiduciary qualified by law to serve as such is either the fiduciary or one of several co-fiduciaries.

INFO

Applies to

Legal memorandum

A party may file a separate legal memorandum with a motion to dismiss, a TR 12 motion, or a motion to strike.

A separate legal memorandum may be filed with any motion to dismiss, a TR 12 motion, or motion to strike.

INFO

Applies to

Financial inventory

Almost all self-represented litigants may use the Financial Inventory in Appendix E.

The Financial Inventory, at Appendix E, can be used by almost all self-represented litigants and is designed to be easy-to use.

INFO

Applies to

Attorney fee evidence

Attorney fees may be awarded based on affidavit evidence at the final or another hearing, or on oral testimony if the Court allows it.

Attorney fees may be awarded based on evidence presented by way of Affidavit (or oral testimony if the Court shall allow) at the final or other hearing.

INFO

Applies to

Child support agreement

Parties submitting an agreement need not complete the arrearage calculation form, but should include information about the arrearage calculation in the agreement.

Parties submitting an agreement need not complete the arrearage calculation form but should include information about the arrearage calculation in their agreement.