Morgan County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Except for a motion made during a hearing or trial, a continuance motion must be written, state its grounds particularly, and be verified; copies must be served on opposing counsel or an unrepresented opposing party unless the Court directs otherwise.
- If a pretrial conference is continued, it must be reset at least 30 days before trial unless the trial Judge or Magistrate approves otherwise.
- Requests to continue a hearing must comply with LR55-TR7.
- +2 more
Request must include
- A continuance motion or stipulation must be filed within seven days after discovery of the cause and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
- Continuance motions for hearings or non-jury trials must be filed at least seven days before the hearing or bench trial.
- A motion to continue a jury trial must be filed at least fourteen days before trial or it will be denied as untimely.
Document Format Requirements10 rules
All pleadings shall be in accordance with the provisions of the Indiana Rules of Trial Procedure.
Proposed orders must use white 8.5-by-11-inch paper, have numbered pages, and include the specified judge signature, date, and distribution-list layout on the last page.
- Paper size
- Letter
- Proposed order
Formatting
- •Use white paper and number each page
Court's wording
The proposed order shall be on white paper, 8.5" x 11" in size, and each page shall be numbered. On the last page of the proposed order there shall be a line for the signature of the judge under which shall be typed "Judge, Morgan [Name of Court typed in]", to the left of which shall be the following: "Dated ". To the left margin, and 1" below the signature line of the Judge, shall be typed the Distribution List for the Order, to include: R.J.O., Court file, Each attorney of record, or any party unrepresented by counsel.
A rubber stamp or facsimile signature on the original copy shall not be acceptable.
All accounts shall follow the prescribed statutory format. Informal, handwritten, or transactional accounts will not be accepted.
A. Citation. These rules shall be cited as provided in Trial Rule 81. The format for citation shall be: LR55-TR(Rule Number) – (Local Sequence Number).
Hand written pleadings are discouraged and will only be accepted if legible, subject to the discretion of the Court.
The files of the Clerk of the Court shall be kept under the "flat filing" system. All documents presented for filing with the Clerk or Court should be flat and unfolded. Only the original of any document shall be placed in the Court file.
The decree and, when applicable, the property settlement agreement must be submitted in typewritten-original format.
Court's wording
At the time of final hearing in any uncontested dissolution of marriage matter, Petitioner's counsel shall submit to the Court an original typewritten decree and not less than three (3) copies thereof. If the case involves a property settlement agreement, a typewritten original and not less than three (3) copies of such agreement shall be submitted to the Court for approval.
9.3 Simplicity--without loss of content-- shall be the goal of all pleadings. It is highly recommended that attorneys review the forms found in the Probate Deskbook published by the Indiana Judicial Center.
This form may be attached as a separate sheet of paper to the document to be served, or may be reproduced on the back of the last page of the documents to be served.
Document Filing Requirements113 rules
Attorneys who have appeared and unrepresented parties must notify the Court through the Clerk in writing of changes to their mailing address or phone number, filing a separate notice for each affected cause.
Court's wording
It shall be the duty of attorneys who have entered their written appearance and of all parties who are not represented by an attorney, to notify the Court through the Clerk of any change of their mailing addresses and phone numbers. Such notification shall be in writing filed separately for each cause to which the change applies and served upon other parties to each cause or their attorneys of record.
The Clerk must note the self-represented party’s name, mailing address, and phone number on the chronological case summary.
Court's wording
When a party to an action appears without an attorney, the party shall give, and the Clerk shall note on the chronological case summary, the name, mailing address and phone number of the party where notices and communications concerning the cause may be forwarded.
The motion to withdraw shall include the last known address and phone number of the client(s).
A notice of intention to withdraw must explain the case status, upcoming matters requiring timely action, applicable local rules, and the need for prompt action or new counsel.
Court's wording
Any notice of intention to withdraw shall include an explanation to the client as follows: 1. the present status of the case; 2. the date or dates of scheduled hearings or other pending matters which require timely action; 3. advice that the provisions in LR55-TR3.1-1.1 and 1.2 apply to the client after withdrawal of counsel; and 4. the necessity that the client act promptly or to secure new counsel.
Permission to withdraw shall be given only after the withdrawing attorney has given his/her client ten (10) days advance written notice of his/her intention to withdraw and has filed a copy of such notice with the Court; or upon a simultaneous or prior entering of appearance by counsel for said client.
All withdrawals of appearance shall be in writing and by leave of Court.
All motions requiring a hearing shall include a statement by the moving party of the anticipated time necessary to present evidence and/or oral argument upon said motion.
Prior to entry by the Court of orders granting motions or applications, the moving party or applicant (or his or her attorney) shall furnish the Court with proposed orders. This rule does not apply to judgments entered on jury verdicts or upon a decision announced by the Court, unless the Court directs that a party submit a proposed judgment or order.
- Document
- Motion or application
Must include
- •Proposed order
Proposed orders must include enough copies for the Court file and each party, plus prepaid pre-addressed envelopes for each party or counsel unless the attorney consents to alternate service under LR55-TR5.
Court's wording
All proposed orders submitted to the Court shall be in sufficient number so that in addition to the original and one copy for the Court file, a copy can be furnished to each party. All proposed orders must also be accompanied by pre-addressed envelopes to all parties or their attorneys of record, postage prepaid, unless the attorney consents to alternate service as provided in LR55-TR5.
A proposed order must be a separate document with the required court and case caption and case title, while a multi-party title may be shortened as specified; judgments must conform to Trial Rule 58.
- Document
- Proposed order
Must include
- •Caption
- •Case number
Court's wording
Any proposed order shall be a document that is separate and apart from the motion or application to which it relates and shall contain a caption showing the name of the court and the case number assigned to the case and the title of the case as shown by the complaint. Any judgment shall conform with the requirements of Trial Rule 58. If there are multiple parties, the title may be shortened to include only the first named plaintiff and defendant with appropriate indication that there are additional parties.
After one (1) year from the date of filing of the case, any request for continuance shall be signed by the party on whose behalf the continuance is being requested and that party's attorney.
Admissions, stipulations and agreements concerning the proceedings in a case will not be enforced, unless submitted in writing and signed by the parties or their counsel.
Peremptory challenges shall be submitted by the Plaintiff and Defendant, in writing, at the conclusion of questioning of the jurors in the jury box.
If the judgment creditor desires to recall said body attachment, said judgment creditor shall appear personally or by attorney and move on the record, orally or in writing, for recall of the Body Attachment stating the reasons for recall of the writ of attachment.
At the time of removal, a detailed receipt shall be given to the Court Reporter and filed with the case, noting the filing of same upon the chronological case summary.
After receiving enough money to satisfy the judgment, interest, and costs, the judgment creditor must immediately obtain an order releasing the garnishment.
Court's wording
Upon receipt by the judgment creditor or by the Clerk on the judgment creditor's behalf of monies sufficient to fully satisfy the judgment, any accrued interest and costs, the judgment creditor shall immediately obtain a court order releasing the applicable garnishment order
If the case involves a property settlement agreement, a typewritten original and not less than three (3) copies of such agreement shall be submitted to the Court for approval.
At the time of final hearing in any uncontested dissolution of marriage matter, Petitioner's counsel shall submit to the Court an original typewritten decree and not less than three (3) copies thereof.
The party requesting emergency custody must show proof of the date and time of notification of the Morgan County Department of Child Services, and the name of the person taking the report.
It shall be the duty of attorneys to prepare Decrees of all final judgments and of such interlocutory and other orders as may be required by the Court, including Pre Trial Orders, Findings of Fact and Conclusion of Law.
An attorney seeking entry of a decree, order, entry, or judgment must circulate it to interested attorneys and obtain an “approved as to form” endorsement, unless the attorneys or all parties are in court when it is proffered.
- Document
- Decree or order
Must include
- •Approved as to form
Court's wording
Where there are several attorneys interested in a Decree, order, entry or judgment to be entered in a cause and one or more of them desires such document entered, the attorney shall submit such document to the other attorneys who may be interested in the cause, and obtain an endorsement thereon of "approved as to form", provided that this rule shall not apply when the attorneys or all parties are in Court when the judgment or decree is proffered.
When relying on the prior-separation alternative for an ex parte order excluding a party from the marital residence, the requesting party must state under oath that the parties maintain separate residences at filing.
Court's wording
A temporary restraining order or protective order may be issued, ex parte, to exclude one of the parties from the marital residence only (1) after an emergency hearing whereby evidence is submitted as to the necessity of an immediate eviction from the marital residence of one of the parties and the party to be removed has received notice of hearing and an opportunity to be heard by the Court, or (2) where the parties have already physically separated prior to the initial filing of the action and the party requesting such an order sets forth, under oath, that the parties are maintaining separate residences at the time of filing.
No final dissolution hearing will be scheduled by the Court until the parties (with minor children) have shown proof of completion of the “Children Cope With Divorce Seminar,” except for good cause shown to the Court.
For a scheduled pretrial conference, the parties must be prepared to address hearing time and mediation, exchange witness names and addresses, submit a joint property-and-debt inventory and financial declarations (and a child-support worksheet if applicable), and jointly define the issues and agreed matters.
Court's wording
When a Pre-Trial Conference is scheduled, the parties shall be prepared to: (1) discuss and disclose the time required for hearing; (2) disclose and exchange names and addresses of all witnesses; (3) submit a joint inventory of property and debts to the Court; (4) jointly define, in writing, all issues to be decided by the Court at hearing; (5) jointly define all agreed matters; (6) submit a financial declaration for each party and a child support worksheet [if applicable]; (7) discuss mediation of the contested issues.
In the event mediation is not complete within that time, the mediator shall file a report with the court as to the current status of the mediation and the projected date of completion of the mediation.
If the mediation is complete, the mediator shall file the agreement and/or report as required by ADR Rule 2.7(E) within 10 days of completion of the mediation.
All agreements which resolve issues shall be reduced to writing and signed by all parties and their counsel, and shall be submitted to the court with the mediator's report, or as soon thereafter as is practicable.
An objection to an order referring a case to mediation or mini-hearing must be written and specify its grounds.
Court's wording
Any party may object to an order for mediation or mini- hearing by filing a written objection specifying the grounds for the objection within fifteen (15) days of the date of the order referring the case to mediation or mini-hearing, as provided in ADR Rule 2.2.
In the event that mediation is not complete within that time, the mediator shall file a report with the court as to the current status of the mediation and the projected date of completion of the mediation.
If the mediation is complete, the mediator shall file the agreement and report as required by ADR Rule 2.7(E).
Except for “MC” cases, a fully completed and signed Information or Indictment must be presented to the Clerk before a criminal case number is randomly selected.
Court's wording
The Clerk of Morgan County will not randomly select a criminal case number for a new criminal case file (except “MC” cases) until a fully completed and signed Information or Indictment is presented to the Clerk by the Prosecuting Attorney or designated agent/staff member.
The defendant and anyone who posts cash bail on the defendant’s behalf must execute the prescribed Cash Bond Agreement.
Court's wording
The Morgan Circuit and Superior Courts, under the authority of Indiana Code 35-33-7-6 and local rule LR55-CR00-3.5, order that the defendant and each person who makes a cash deposit bail under the Morgan County Bail Schedule on behalf of a defendant execute a Cash Bond Agreement in the form shown in local rule LR55-CR00-1.4, supra.
All commercial bail bonds shall contain the printed name, address and phone number of the principal surety and the bail agent.
The defendant and anyone posting cash bail on the defendant’s behalf must execute a Cash Bond Agreement in the prescribed format.
Court's wording
The Morgan Circuit and Superior Courts, under the authority Indiana Code 35-33-7-6 and local rule LR55-CR00-3.5, order that the defendant and each person who makes a cash deposit bail under the Morgan County Bail Schedule on behalf of a defendant execute a Cash Bond Agreement in this format:
[NOTE: Jail Staff/Clerk: attach this signed Cash Bond Agreement to the Cash Bond Receipt for filing with the Court receiving the criminal charges]
Appointed counsel shall represent the defendant after appointment unless relieved by the court upon written motion.
A waiver of counsel must be in writing and entered in the case record, but the court may decline to accept it to prevent a failure of justice.
Court's wording
The defendant may waive his or her right to counsel; however, such waiver must be executed in writing and entered in the record of proceedings in the case. Further, the Court may decline to accept such waiver, if necessary to prevent a failure of justice.
Permission of the court is required to withdraw the appearance of counsel for a defendant.
Requests for Jury trial in misdemeanor cases must be made, in writing, signed by the Defendant, and filed with the Court within the time permitted under Criminal Rule 22, or the right to Jury Trial is waived.
Counsel seeking to withdraw must file a motion for leave, comply with the referenced rules, and file evidence of at least ten days' prior written notice to the client, unless replacement counsel appears.
Court's wording
Counsel desiring to withdraw their appearance in any criminal action at any stage of the proceedings shall file a motion requesting leave to do so. The Motion to Withdraw an appearance shall comply with the provisions of Rule LR55-TR3.1-1.3 and 1.4. Upon receipt of a motion to withdraw, the Court may set a hearing upon the motion. The moving counsel shall also file with the court satisfactory evidence of at least ten (10) days prior written notice of said request to his or her client. A withdrawal of appearance when accompanied by the appearance of other counsel shall constitute a waiver of this requirement.
The motion shall be signed by an attorney of record or the defendant personally and shall clearly identify the name and address of any attorney filing the same.
The motion shall state the grounds upon which it is made and set forth the relief or order sought.
A motion other than one made during the trial or hearing shall be in writing unless the court permits it to be made orally.
In all other respects, any motion for continuance of a hearing or trial date shall comply with the requirements of LR55-TR7.
All motions for continuance by the Defendant shall be signed by the Defendant and his/her attorney.
Whenever a defendant waives a right, the court shall enter of record that the defendant is present, and after having been advised of such right, waives the same.
All stipulations of facts and/or issues must be in writing, signed by all parties or their counsel, signed by the defendant personally, and approved by the court.
Whenever notice by publication or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice
When pleadings are filed by mail, or left with the Court for filing, a self- addressed, stamped envelope with sufficient postage shall be included for return of documents to the attorney.
In all respects, the notice shall comply with all statutory requirements.
Attorneys are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.
The initial petition to open an Guardianship shall contain the name, address, social security number, and date of birth of the ward.
The oath of the Personal Representative must be filed at the time letters are issued.
The Instructions to the Guardian must be filed with the Court within ten (10) days after the issuance of letters of guardianship.
All pleadings filed shall contain the attorney’s name, address, telephone number, and the Indiana Supreme Court Attorney Number.
The affidavit of compliance with the notice provision as to creditors in an estate proceeding shall be timely filed in supervised and unsupervised estates.
For a sale of real estate in a supervised estate or guardianship, a written professional appraisal with the listed elements must be filed unless it was filed with the Inventory.
Court's wording
In all supervised estates and guardianships in which real estate is to be sold, a written professional appraisal shall be filed with the Court at the time of filing the Petition for Sale, unless such appraisal was filed with the Inventory. Such written appraisal shall include the following elements: (A) A brief description of the property interest being appraised, including the full legal description. (B) The purpose or objective of the appraisal. (C) The date for which Fair Market Value is determined. (D) Data and reasoning supporting the Fair Market Value. (E) The Fair Market Value determined. (F) A statement of assumptions and special or limiting conditions. (G) A certification of disinterest in real estate. (H) The signature of the appraiser.
Pleadings--including Inventories, Petitions and Accounts--filed in an Estate or Guardianship shall be signed and verified by the fiduciary and signed by the attorney for the fiduciary.
All deeds submitted to the court for approval in either Estate or Guardianship proceedings shall be signed by the fiduciary and the signature notarized prior to its submission
Whenever a Final Decree reflects that real estate has vested in heirs or beneficiaries, the Decree shall be recorded with the County Recorder of the County where the real estate is located and evidence of said recording shall be provided to the Court with the Supplemental Report.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in the county, while other filers are encouraged to e-file.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
A withdrawal request must be filed at least 20 days before trial, unless good cause is shown.
No request for withdrawal of appearance shall be granted unless the same has been filed with the Court at least twenty (20) days prior to trial date, except for good cause shown.
Page 7 | 1.3 Procedure for Withdrawal of Appearance
A continuance motion or stipulation must be filed within seven days after the requesting party discovers the cause for the continuance or delay and must state the reasons for the request.
Motions or Stipulations for Continuance shall be filed within seven (7) days after the cause for continuance or delay is discovered by the party seeking same, stating the reasons for such request.
Page 10 | 1.8 Time for Filing
Proceedings supplemental generally may not remain pending more than one year from filing and must be dismissed at the end of that period, unless good cause is shown.
Except upon good cause shown, no proceedings supplemental may remain pending for more than one (1) year from the date of its filing. At the end of said one (1) year period, said proceedings supplemental shall be dismissed.
Page 12 | 1.1 One Year Rule
A judgment creditor generally may file no more than four proceedings supplemental per year against an individual judgment debtor in a given case, absent good cause.
Except for good cause shown, no judgment creditor may file more than four (4) proceedings supplemental per year against any individual judgment debtor in a given case.
Page 12 | 1.1 One Year Rule
The detailed receipt must be filed with the case at the time the exhibits are removed.
At the time of removal, a detailed receipt shall be given to the Court Reporter and filed with the case, noting the filing of same upon the chronological case summary.
Page 15 | 1.2 Removal of Exhibits Admitted at Trial
The decree and, if applicable, the property settlement agreement must be submitted at the final hearing.
At the time of final hearing in any uncontested dissolution of marriage matter, Petitioner's counsel shall submit to the Court an original typewritten decree and not less than three (3) copies thereof. If the case involves a property settlement agreement, a typewritten original and not less than three (3) copies of such agreement shall be submitted to the Court for approval.
Page 16 | LR55-FL00-2: Duties of Attorneys
When potential physical harm or neglect is alleged, a written request for temporary custody may not be filed earlier than 72 hours after referral to the Morgan County Department of Child Services, Child Protection Services.
In the event there is a potential for physical harm to the children or neglect alleged by either parent, the Court will consider custody on a temporary basis filed in writing not earlier than 72 hours after the case has been referred to the Morgan County Department of Child Services, Child Protection Services, pursuant to the Indiana Juvenile Code.
Page 17 | LR55-FL00-5: Emergency Custody Orders
An objection to an order referring a case to mediation or mini-hearing must be filed within 15 days of the order.
Any party may object to an order for mediation or mini- hearing by filing a written objection specifying the grounds for the objection within fifteen (15) days of the date of the order referring the case to mediation or mini-hearing, as provided in ADR Rule 2.2.
Page 21 | Alternative Dispute Resolution Rules
When mediation is complete, the mediator must file the agreement and/or report required by ADR Rule 2.7(E) within 10 days.
If the mediation is complete, the mediator shall file the agreement and/or report as required by ADR Rule 2.7(E) within 10 days of completion of the mediation.
Page 21 | 1.3 Completion of Mediation
A response to an objection must be filed within 10 days after service of the objection.
Any response to the objection must be filed within ten (10) days of the service of the objection.
Page 21 | Alternative Dispute Resolution Rules
A motion to sequester a jury must be filed at least 45 days before the jury trial date, unless good cause is shown.
Any motion to sequester a jury shall be filed no later than forty-five (45) days preceding the date fixed for Jury trial, except for good cause shown.
Page 34 | LR55-CR00-12. Motion to Sequester
The Personal Representative’s oath must be filed at the time the letters are issued.
The oath of the Personal Representative must be filed at the time letters are issued.
Page 38 | LR55-PR00-2: Filing of Pleadings
The written professional appraisal must be filed with the Petition for Sale unless it was already filed with the Inventory.
In all supervised estates and guardianships in which real estate is to be sold, a written professional appraisal shall be filed with the Court at the time of filing the Petition for Sale, unless such appraisal was filed with the Inventory.
Page 38 | LR55-PR00-3: Real Estate
Instructions to the Guardian are due within ten days after letters of guardianship are issued.
The Instructions to the Guardian must be filed with the Court within ten (10) days after the issuance of letters of guardianship.
Page 38 | LR55-PR00-2: Filing of Pleadings
The appraisal must be filed with the Court when the Petition to Sell is filed unless it was filed with the Inventory; the requirement does not apply to personal property sold at public auction.
The appraisal shall be filed with the Court at the time of the filing of the Petition to Sell unless such appraisal was filed with the Inventory. This rule shall not apply to personal property sold at public auction.
Page 39 | LR55-PR00-4
Required appraisals must have been made within one year before the Petition for Sale.
3.2 All appraisals required by Rule 5.1 shall have been made within one year of the date of the Petition for Sale.
Page 39 | LR55-PR00-3
Required appraisals must have been made within one year of the date of the Petition to Sell.
4.2 All appraisals required by Rule 6.1 shall have been made within one year of the date of the Petition to Sell.
Page 39 | LR55-PR00-4
Three months and fifteen days after the first published notice to creditors, the fiduciary or the fiduciary's attorney must examine the Claim Docket and allow or disallow each claim against the estate.
Three (3) months and fifteen (15) 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.
Page 39 | LR55-PR00-5
The deed must be submitted with the Report of Sale of Real Estate or at the hearing on the Final Account.
shall be submitted with the Report of Sale of Real Estate or at the time of the hearing on the Final Account.
Page 39 | LR55-PR00-3
If an estate cannot be closed within one year, the Personal Representative must file an intermediate accounting within 30 days after the one-year period expires and within 30 days after each succeeding year.
6.l Whenever an estate cannot be closed within one (l) year, the Personal Representative shall file an intermediate accounting with the Court within thirty (30) days after the expiration of one (1) year and each succeeding year thereafter.
Page 40 | LR55-PR00-6 Accounting
A complete inventory of estate assets must be available upon request within 60 days after the fiduciary's appointment.
8.2 A complete inventory of estate assets shall be available upon request within sixty (60) days of the appointment of the fiduciary.
Page 41 | LR55-PR00-8: Unsupervised Administration
Court costs must be paid and all claims satisfied and released no later than the date the Closing Affidavit is filed.
8.3 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 41 | LR55-PR00-8: Unsupervised Administration
The Clerk's Certification must be filed at the time the Closing Affidavit is filed.
A Clerk's Certification thereof shall be filed with the court at the time the Closing Affidavit is filed.
Page 41 | LR55-PR00-8: Unsupervised Administration
An accounting must be filed within 30 days after the first anniversary of the guardianship letters and each year thereafter.
6.11 When an individual has been appointed to handle the financial affairs of a protected person, an accounting shall be filed within thirty (30) days after the first anniversary of the date the Guardianship letters were issued and each year thereafter.
Page 41 | LR55-PR00-6
11.1 Waivers of notice of the time and place of the appraisal of each property interest of a decedent for inheritance tax purposes and of the hearing on the appraisal report shall be filed with the inheritance tax return unless it was filed before the return.
11.1 Waivers of notice of the time and place of the appraisal of each property interest of a decedent for inheritance tax purposes and of the hearing on the appraisal report shall be filed with the inheritance tax return unless it was filed before the return.
Page 43 | LR55-PR00-11: Waiver of Notice of Inheritance Tax Appraisal
Evidence of the appraisal notice must be filed with the inheritance tax return.
Evidence of such shall be filed with the inheritance tax return.
Page 43 | LR55-PR00-11: Waiver of Notice of Inheritance Tax Appraisal
After 60 days from filing the petition, a party must pursue one of the specified routes to obtain a Final Dissolution Decree.
In order to get a "Final Dissolution Decree", after sixty (60) days of filing your "Petition of Marriage", you must do one of the following:
Page 55
If a party is incarcerated, the Court will not assist with attendance unless it receives a written transport-order request at least 14 days before the Final Hearing.
If you or your spouse is incarcerated at the time of the "Final Hearing", the Court will not assist you or your spouse in appearing at the hearing unless a written request for a transport order to attend the hearing is received by the Court at least fourteen (14) days prior to the final hearing date.
Page 56
For a certified-mail document, the Clerk file-marks it as of the receipt date, notes the postmarked mailing date, and attaches the original postmark.
When the Clerk of Court receives a certified mail document, the Clerk shall file-mark the contents as of the date it is received, but shall note the postmarked mailing date within the court filemark, and shall attach the original postmark to the filed document.
Page 7 | LR55-TR4- Service of Process, 1.2 Certified Mail Notice
The mediator and parties must make a good-faith effort to complete mediation within 90 days of the ADR order, unless the court specifically orders otherwise.
The mediator and the parties shall make a good faith effort to complete the mediation process within ninety (90) days from the date of the order to engage in ADR, unless specifically ordered otherwise.
Page 21 | 1.3 Completion of Mediation
The mediator and parties must make a good-faith effort to complete mediation within 90 days of the ADR order.
The mediator and the parties shall make a good faith effort to complete the mediation process within ninety (90) days from the date of the order to engage in ADR.
Page 22 | 2.3 Completion of Mediation
Guardians or their attorneys may petition for fees with the inventory; further petitions should generally accompany accountings, though the Court may consider petitions between accountings for substantial work.
7.3 Guardians or their attorneys may petition for fees at the time of filing an inventory. With rare exceptions, further petitions for fees should be filed at the time that accountings are filed. When substantial work occurs during the proceedings, the Court may consider a petition for fees for such services between accountings.
Page 41 | LR55-PR00-7: Fees of Attorneys and Fiduciary
When proceedings are only to spread a will of record, the Court will close the case 60 days after filing unless otherwise requested.
9.4 When proceedings are only for spreading a will of record, the Court will assume that the case needs no further action and will close that case sixty (60) days after filing, unless requested otherwise.
Page 42 | LR55-PR00-9: Miscellaneous Rules
Either party may file a motion for referral to mediation at any time during the pendency of the case, from the time of filing and thereafter until the final hearing, except for good cause shown to the Court.
Either party may file a motion for referral to mediation at any time during the pendency of the case, from the time of filing and thereafter until the final hearing, except for good cause shown to the Court.
Page 21 | 2.2 Time for Filing Motions and Stipulations
The parties may file a joint application for referral to mediation at any time while the case is pending.
The parties may file a joint application for referral to mediation at any time during the pendency of the case.
Page 21 | 2.2 Time for Filing Motions and Stipulations
Service and Proof of Service Rules
The written address-change notification must be served on the other parties in each affected cause or their attorneys of record.
Such notification shall be in writing filed separately for each cause to which the change applies and served upon other parties to each cause or their attorneys of record.
Page 1 | 1.2 Address Changes
A party using certified mail to serve notice or establish a filing date must ensure the envelope’s postmark shows the mailing date.
When using certified mail to serve notice or establish date of filing, the mailing party shall ensure that the mailing date appears in the postmark on the envelope.
Page 7 | LR55-TR4- Service of Process, 1.2 Certified Mail Notice
For requested service by certified or registered mail, the party must prepare the certifications or envelopes, provide the Clerk with the required prepared documents, and furnish the return-receipt request card.
When service by certified or registered mail is requested, the party shall prepare the certification or envelopes, and shall furnish the number of prepared summons, complaints, notices or subpoenas to the Clerk. A certified or registered return receipt request card will be furnished by the party.
Page 7 | LR55-TR4- Service of Process, 1.1 Procedure for Service by Mail
Alternate-service consent remains valid until a written revocation is filed with the Clerk and copies are delivered to each of the Morgan Circuit and Superior Courts.
Consent to Alternate Service under this rule shall remain valid until a revocation in writing has been filed with the Clerk of the Morgan Circuit and Superior Courts, with copies of such revocation delivered to each of the Morgan Circuit and Superior Courts.
Page 8 | LR55-TR5- Consent to Alternate Service, 1.1 Courthouse Boxes
Deposits of specified papers and communications in an assigned courthouse box count as service equivalent to first-class mail under Trial Rule 6(E).
Deposits made in any assigned box of notices, pleadings, process, orders, or other communications made shall be deemed to constitute and be accepted as service equivalent to service by first class mail under Trial Rule 6(E).
Page 8 | LR55-TR5- Consent to Alternate Service, 1.1 Courthouse Boxes
Papers served under the alternate-service rule by the Court, Clerk, or other attorneys must be placed in the recipient attorney’s or firm’s assigned courthouse box.
Any papers served under this rule by the Court, Clerk, or other attorneys or firm of attorneys shall be placed in the attorney or firm's assigned courthouse box.
Page 8 | LR55-TR5- Consent to Alternate Service, 1.2 Form of Deposit to Box
Copies of a continuance request must be served on opposing counsel or an unrepresented opposing party unless the Court directs otherwise.
with copies of such request served upon opposing counsel (or party, if not represented by counsel) unless the Court directs otherwise.
Page 9 | 1.6 Motion for Continuance
A body attachment may issue only if the person was personally served with notice of a contempt hearing and the judgment creditor provides the judgment debtor’s required identifying information.
Body attachment shall be issued only when the judgment debtor or garnishee defendant previously ordered to appear for a scheduled hearing was personally served with notice of a contempt hearing and the judgment creditor provides to the Court the judgment debtor’s required identifying information described above.
Page 13 | 1.5. Contempt/Rule to Show Cause/Body Attachment.
Service of the proceedings supplemental on the garnishee defendant is a prerequisite to issuance of a garnishment order.
(2) service on the garnishee defendant of the proceedings supplemental;
Page 14 | 1.8. Garnishment.
The judgment creditor must forward a copy of the garnishment-release order to the garnishee defendant or defendants.
and shall forward a copy to the garnishee defendant(s).
Page 15 | 1.10 Release of Garnishment
Petitioner's attorney must ensure that both parties receive a signed decree and, if applicable, property settlement agreement, in person or by regular mail to the last known address, except when the respondent is represented by counsel.
Petitioner's attorney shall be responsible for ensuring that a signed copy of the Decree (and Property Settlement Agreement where applicable) is delivered to both parties, either in person or by regular mail to last known address, except in such cases where the Respondent is represented by counsel.
Page 16 | LR55-FL00-2: Duties of Attorneys
Unless both parents agree in writing, a custody order may not issue without prior notice to both parents and/or the children’s guardians and an opportunity for a hearing.
Except as agreed in writing by both parents, an Order as to the custody of children shall not be issued by the Court without prior notice to both parents and/or guardians of the minor children and opportunity for a hearing.
Page 17 | LR55-FL00-4: Temporary Custody of Children
An ex parte order excluding a party from the marital residence may issue only after an emergency hearing with evidence and notice and an opportunity to be heard, or when the parties separated before filing and the request states under oath that they maintain separate residences.
A temporary restraining order or protective order may be issued, ex parte, to exclude one of the parties from the marital residence only (1) after an emergency hearing whereby evidence is submitted as to the necessity of an immediate eviction from the marital residence of one of the parties and the party to be removed has received notice of hearing and an opportunity to be heard by the Court, or (2) where the parties have already physically separated prior to the initial filing of the action and the party requesting such an order sets forth, under oath, that the parties are maintaining separate residences at the time of filing.
Page 17 | LR55-FL00-3: Temporary Restraining Orders
The attorney must provide adequate proof of service before bringing a matter to the Court.
It shall be the attorney's responsibility to provide adequate proof of service before bringing a matter to the Court.
Page 37 | LR55-PR00-1: Notice
Notice of an estate opening must be sent by First Class United States Mail to all known creditors.
Notice of the opening of an estate shall be sent by First Class United States Mail to all known creditors.
Page 37 | LR55-PR00-1: Notice
Copies of a petition must be sent with hearing notices when the hearing concerns matters contained in that petition.
Copies of petitions shall be sent with all notices of hearings if the hearing arises from the matters contained in the petition.
Page 37 | LR55-PR00-1: Notice
When publication or written-mail notice is required, the attorney must ensure publication or service by certified mail, return receipt requested.
Whenever notice by publication or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published or served by certified mail, return receipt requested.
Page 37 | LR55-PR00-1: Notice
For a hearing on whether an estate is insolvent, notice must be served on all interested parties, including all claimants.
If a hearing is to be held on a Petition to determine if an Estate is insolvent, notice shall be served on all interested parties, including all claimants.
Page 37 | LR55-PR00-1: Notice
Notice of the fiduciary's action on each claim must be sent to the claimant.
Written notice of such action shall be filed with the Court and notice sent to the claimant..
Page 39 | LR55-PR00-5
If the Court determines that no Inheritance Tax Schedule must be filed, a copy of its order must be served on the local representative of the Indiana Department of Revenue's Inheritance Tax Division.
9.1 If the Court determines that no Inheritance Tax Schedule is required to be filed, a copy of the Court's order shall be served on the local representative of the Inheritance Tax Division of the Indiana Department of Revenue.
Page 42 | LR55-PR00-9: Miscellaneous Rules
After the appraiser's report is filed, the personal representative must notify all known interested persons, including the Department of State Revenue, of the hearing's time and place.
Upon the filing of the appraiser's report, the personal representative shall provide notice of the time and place of the hearing on the report to all persons known to be interested in the resident decedent's estate, including the Department of State Revenue.
Page 43 | LR55-PR00-11: Waiver of Notice of Inheritance Tax Appraisal
If a waiver is missing for an interested person, the personal representative must notify each person entitled to notice of the appraisal's time and place.
11.4 If a waiver is not filed for each interested person, the personal representative shall provide notice of the time and place of the appraisal to each person entitled to notice.
Page 43 | LR55-PR00-11: Waiver of Notice of Inheritance Tax Appraisal
Anyone requesting service of a pleading, order, notice, or subpoena must prepare a return of service using the prescribed form or a substantially equivalent form.
all persons shall, when requesting service of any pleading, order, notice or subpoena, prepare a return of service of process in the format set forth below, or in the alternative a form for return of service of process which contains spaces for substantially the same information regarding service.
Page 46 | LR55-AR00-3. Form of Return on Service of Process
The Summons may be served by certified mail, using the spouse’s correct address and not a P.O. Box.
The "Summons" will be served on your spouse, in person or by mail, informing your spouse you have filed for divorce. (c) Your spouse may be served either by certified mail or the sheriff. For service by certified mail you must provide the correct address of your spouse. (No P.O. Box)
Page 54 | APPENDIX 1: Informational Notice to Persons Filing For Divorce Without An Attorney
The Summons may be served by the sheriff, and the filer must provide the spouse’s proper address and county of residence.
The "Summons" will be served on your spouse, in person or by mail, informing your spouse you have filed for divorce. (c) Your spouse may be served either by certified mail or the sheriff. For service by certified mail you must provide the correct address of your spouse. (No P.O. Box) For service by the sheriff, you must provide the proper address and county in which your spouse lives.
Page 54 | APPENDIX 1: Informational Notice to Persons Filing For Divorce Without An Attorney
An attorney or firm with a Morgan County office may maintain an assigned courthouse box for specified communications only after filing written consent to alternate service with the Clerk.
Any attorney or firm of attorneys with offices in Morgan County may, without charge, maintain an assigned Courthouse box in the office of the Clerk of Morgan County for receipt of notices, pleadings, process, orders, or other communications from the Morgan Circuit and Superior Courts, the Clerk, as to matters with the Morgan Circuit and Superior Courts, and other attorneys and law firms. Such Courthouse boxes shall be assigned only after such attorney or firm of attorneys have filed with the Clerk of the Morgan Circuit and Superior Courts a written consent to Alternate Service.
Page 8 | LR55-TR5- Consent to Alternate Service, 1.1 Courthouse Boxes
Upon failure of a judgment debtor or garnishee defendant to appear as ordered for a scheduled hearing, and if the record reflects that the judgment debtor or garnishee defendant was served with notice of the hearing in conformance with Trial Rule 4.1, 4.3, 4.11, or 4.12, the Court may issue a Body Attachment as to said person.
Upon failure of a judgment debtor or garnishee defendant to appear as ordered for a scheduled hearing, and if the record reflects that the judgment debtor or garnishee defendant was served with notice of the hearing in conformance with Trial Rule 4.1, 4.3, 4.11, or 4.12, the Court may issue a Body Attachment as to said person.
Page 13 | 1.5. Contempt/Rule to Show Cause/Body Attachment.
A person who completed service by mailing may use the form to certify that the order was mailed first class to the person to be served.
For use by person who completed service by mailing, if different than process server making return above. [ ] I certify that I mailed a copy of the above order to the person to be served, first class mail on the day of , 20 [ ] or at the address stated on the face of the document.
Page 47
Certified mail, return receipt requested, is recommended for notices of an estate opening to known creditors.
However, the use of certified mail, return receipt requested, is recommended for such notices.
Page 37 | LR55-PR00-1: Notice
Filing Fees and Waivers
All Court costs must be paid and all claims satisfied and released before the hearing on the Final Accounting.
All Court costs shall be paid and all claims satisfied and released before the hearing on the Final Accounting.
Page 40 | LR55-PR00-6 Accounting
An attorney or firm with a Morgan County office may maintain an assigned courthouse box without charge.
Any attorney or firm of attorneys with offices in Morgan County may, without charge, maintain an assigned Courthouse box in the office of the Clerk of Morgan County for receipt of notices, pleadings, process, orders, or other communications from the Morgan Circuit and Superior Courts, the Clerk, as to matters with the Morgan Circuit and Superior Courts, and other attorneys and law firms.
Page 8 | LR55-TR5- Consent to Alternate Service, 1.1 Courthouse Boxes
Upon written request, the Court may waive filing fees for the second and subsequent guardianship files for related persons.
The Court may waive filing fees for the second and subsequent files for related persons upon written request.
Page 42 | LR55-PR00-10: Guardianships
Sealing & Redaction Procedures
Documents containing social security numbers, bank account numbers, or other nonpublic information must comply with Administrative Rule 9 or they will be returned unfiled.
All documents presented to the Court containing social security numbers, bank account numbers or other information not for public access must comply with Administrative Rule 9, or such documents will be returned to the party submitting the documents, unfiled.
Page 13 | 1.5. Contempt/Rule to Show Cause/Body Attachment.
Pre-Motion Conference Requirements
Before filing a continuance motion, an attorney must contact opposing counsel or the unrepresented opposing party to determine their response and state that response in the motion.
No attorney shall file for a continuance until the attorney has contacted opposing counsel or party to determine the opposing party’s response to such motion, and states the opposing party’s response in the motion.
Page 9 | 1.6 Motion for Continuance
Adjournment & Extension Requirements
Except for a motion made during a hearing or trial, a continuance motion must be written, state its grounds particularly, and be verified; copies must be served on opposing counsel or an unrepresented opposing party unless the Court directs otherwise.
Any motion for continuance, unless made during hearing or trial, shall be in writing, state with particularity the grounds therefore, and be verified, with copies of such request served upon opposing counsel (or party, if not represented by counsel) unless the Court directs otherwise.
Page 9 | 1.6 Motion for Continuance
A continuance motion or stipulation must be filed within seven days after discovery of the cause and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
Motions or Stipulations for Continuance shall be filed within seven (7) days after the cause for continuance or delay is discovered by the party seeking same, stating the reasons for such request. The motion shall be filed no later than seven (7) days before date set, unless the reason therefor is shown by affidavit to have occurred within the seven (7) day period.
Page 10 | 1.8 Time for Filing
Requests to continue a hearing must comply with LR55-TR7.
Requests for continuances of a hearing shall comply with the requirements of LR55-TR7.
Page 18 | LR55-FL00-9: Requests for Continuances
If a pretrial conference is continued, it must be reset at least 30 days before trial unless the trial Judge or Magistrate approves otherwise.
In the event the PTC is continued, it shall be reset to a date at least 30 days prior to the trial date, unless otherwise approved by the trial Judge or Magistrate.
Page 18 | LR55-FL00-7: Pre-Trial Conferences
Continuance motions for hearings or non-jury trials must be filed at least seven days before the hearing or bench trial.
All motions for continuances of hearings or trials (other than jury trials) shall be filed not later than seven (7) days prior to the date of hearing or bench trial.
Page 31 | LR55-CR00-8.2 Continuances
A motion to continue a jury trial must be filed at least fourteen days before trial or it will be denied as untimely.
All motions for continuance of a jury trial setting shall be filed not less than fourteen (14) days prior to the date of jury trial, or such motions shall be denied as untimely.
Page 31 | LR55-CR00-8.3 Continuances
The court may grant a continuance only for good cause and only as long as necessary, considering the parties’ positions and the public interest in prompt disposition.
Upon motion of any party, the court may grant a continuance only upon a showing of good cause and only for so long as necessary, taking into account not only the request or consent of the prosecution or defendant, but also the public interest in the prompt disposition of the case.
Page 31 | LR55-CR00-8.1 Continuances
Upon a party's failure to comply with the rule or a related order, the court may order a continuance, among other remedies.
If at any time during the course of the proceedings it is brought to the attention of the Court that a party has failed to comply with this Rule or an order issued pursuant thereto, the Court may order such party to permit the discovery of material and information not previously disclosed, and a continuance, or enter such other order as it deems just under the circumstances.
Page 34 | 11.3 Sanctions for non-compliance
Chambers Communication Rules
A self-represented party must provide their name, mailing address, and phone number, and the Clerk must note that information on the chronological case summary.
When a party to an action appears without an attorney, the party shall give, and the Clerk shall note on the chronological case summary, the name, mailing address and phone number of the party where notices and communications concerning the cause may be forwarded.
Page 1 | 1.1 Party Appearing Without an Attorney
The requesting party’s attorney must contact the Court to schedule an emergency hearing.
The attorney for the requesting party shall contact the Court to schedule the emergency hearing.
Page 17 | LR55-FL00-3: Temporary Restraining Orders
When presenting co-defendant cases for filing, the Prosecuting Attorney must notify the Clerk of Court at that time.
The Prosecuting Attorney shall, at the time of presentment of the cases for filing, notify the Clerk of Court of the fact that co-defendant cases are presented for filing.
Page 24 | 1.3 Exceptions to Random Case Filing Procedure
The Sheriff may request authorization from the Magistrate to reduce bail, or from a judge of another court if the Magistrate is unavailable; the request must be made personally by the Sheriff or, if unavailable, the Sheriff’s Chief Deputy.
1.1.4 If the Sheriff of Morgan County believes that the bail to be posted in a case should be less than the amount set on the warrant or pursuant to the bail schedule, the Sheriff may contact the Magistrate for authorization to reduce the bail. If the Magistrate is not available, then the Sheriff may contact the Judge of one of the other courts. Any such request must be made personally by the Sheriff, or, if the Sheriff is unavailable, by the Sheriff’s Chief Deputy.
Page 25 | LR55-CR00-1 Bail; 1.1 Bail Procedure