Morgan County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Adult incapacity guardianship hearing

In an adult incapacity guardianship hearing, the incapacitated person must be present unless evidence is presented that the person is unable to appear.

10.2 In all guardianship matters seeking to declare an adult incapacitated for any reason, the incapacitated person shall be present at the hearing or evidence shall be presented showing that the incapacitated person is unable to appear.

CRITICAL

To seek recall of a body attachment, the judgment creditor must appear personally or through an attorney and move on the record, orally or in writing, stating the reasons.

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.

CRITICAL

Applies to

Guardianship file

A separate file must be opened for each person subject to a guardianship.

10.1 Filing: A separate file shall be opened for each person that is to be subject to a guardianship.

CRITICAL

Applies to

Emergency custody request

A party requesting emergency custody must provide proof of when the Department of Child Services was notified and the name of the person who took the report.

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.

CRITICAL

Applies to

Peremptory challenge

The Plaintiff and Defendant must submit peremptory challenges in writing when questioning of jurors in the jury box concludes.

Peremptory challenges shall be submitted by the Plaintiff and Defendant, in writing, at the conclusion of questioning of the jurors in the jury box.

CRITICAL

Applies to

Mediator report

If mediation is not completed within the 90-day period, the mediator must file a report stating its current status and projected completion date.

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.

CRITICAL

Applies to

Motion

A motion requiring a hearing must state the time the moving party anticipates will be needed for evidence and/or oral argument.

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.

CRITICAL

Applies to

Motion

A motion must be signed by an attorney of record or the defendant personally and identify the name and address of any filing attorney.

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.

CRITICAL

Applies to

Petition

When filing the divorce petition, a filer with children from the marriage must also file the Child Support Information Sheet and Child Support Obligation Worksheet.

If you have children from this marriage, you must fill out and file your "Child Support Information Sheet" and "Child Support Obligation Worksheet", when you file your "Petition for Dissolution of Marriage".

CRITICAL

Applies to

Motion

A motion must state its grounds and the relief or order sought.

The motion shall state the grounds upon which it is made and set forth the relief or order sought.

CRITICAL

Applies to

Closing affidavit filing

A Clerk's Certification that Court costs were paid and claims satisfied and released must be filed with the Closing Affidavit.

A Clerk's Certification thereof shall be filed with the court at the time the Closing Affidavit is filed.

CRITICAL

Applies to

Address change notification

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.

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.

CRITICAL

Applies to

Motion or application

Must include

proposed order

The moving party or applicant must furnish a proposed order before an order granting a motion or application is entered, except for judgments entered on a jury verdict or announced decision unless the Court directs otherwise.

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.

CRITICAL

Applies to

Final report

Receipts or canceled checks for all final distributions must be filed in the final report or a supplemental report before the Court will grant discharge.

Receipts or canceled checks for all final distributions shall be filed in the final report or a supplemental report before discharge will be granted by the Court.

CRITICAL

Applies to

Motion

Motions made outside trial or a hearing must be in writing unless the court permits an oral motion.

A motion other than one made during the trial or hearing shall be in writing unless the court permits it to be made orally.

CRITICAL

Applies to

Detailed receipt

When exhibits are removed, a detailed receipt must be given to the Court Reporter and filed in the case with its filing noted on the chronological case summary.

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.

CRITICAL

Applies to

Commercial bail bond

Commercial bail bonds must include the printed name, address, and phone number of both the principal surety and the bail agent.

All commercial bail bonds shall contain the printed name, address and phone number of the principal surety and the bail agent.

CRITICAL

Applies to

Final dissolution hearing

Parties with minor children must show proof of completing the “Children Cope With Divorce Seminar” before a final dissolution hearing is scheduled, unless they show good cause to the Court.

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.

CRITICAL

Applies to

Hearing request

A person seeking a Temporary Order must request a hearing in writing; the Court will not automatically set one.

You have the right to ask the Court for a "Temporary Order" regarding custody of children, visitation, possession of property, payment of debts, spousal maintenance, restraining orders and child support while you wait for your divorce to be finalized. You must request a hearing in writing if you intend to seek any type of "Temporary Order". This hearing will not be automatically set.

CRITICAL

Applies to

Decree and order

Attorneys must prepare decrees for all final judgments and any court-required interlocutory or other orders, including pretrial orders and findings of fact and conclusions of law.

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.

CRITICAL

Applies to

Notice

The attorney must prepare any notice required to be given by publication or U.S. Mail.

Whenever notice by publication or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice

CRITICAL

Applies to

Court order

After receiving enough money to satisfy the judgment, interest, and costs, the judgment creditor must immediately obtain an order releasing the garnishment.

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

CRITICAL

Applies to

Order

Attorneys must prepare orders for all proceedings unless the Court expressly directs otherwise.

Attorneys are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.

CRITICAL

Applies to

Estate fee order

An estate fee order must provide for payment only after approval of the Final Account, unless a Court order provides an exception.

7.2 Orders for fees in estates shall provide that fees are to be paid only after approval of the Final Account unless an exception is specifically provided by Court order.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include each client’s last known address and phone number.

The motion to withdraw shall include the last known address and phone number of the client(s).

CRITICAL

Applies to

Property settlement agreement

If the case involves a property settlement agreement, petitioner's counsel must submit a typewritten original and at least three copies to the Court for approval.

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.

CRITICAL

Applies to

Deed

A deed submitted for court approval in an Estate or Guardianship proceeding must be signed by the fiduciary, and the signature must be notarized before submission.

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

CRITICAL

Applies to

Notice of intention to withdraw

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.

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.

CRITICAL

Applies to

Mediator report

If mediation is not completed within the applicable period, the mediator must file a report stating its current status and projected completion date.

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.

CRITICAL

Applies to

Cash bond receipt

Jail staff or the clerk must attach the signed Cash Bond Agreement to the Cash Bond Receipt for filing.

[NOTE: Jail Staff/Clerk: attach this signed Cash Bond Agreement to the Cash Bond Receipt for filing with the Court receiving the criminal charges]

CRITICAL

Applies to

Initial guardianship petition

The initial guardianship petition must state the ward’s name, address, Social Security number, and date of birth.

The initial petition to open an Guardianship shall contain the name, address, social security number, and date of birth of the ward.

CRITICAL

Applies to

Intermediate accounting

The intermediate accounting must comply with the cited statutes, explain why the estate cannot be closed, give an estimated closing date, and propose partial distribution to the extent it can be made without prejudice to distributees and claimants.

The accounting shall comply with the provisions of IC 29 1 16 4 and 29 1 16 6 and shall state facts showing why the estate cannot be closed and an estimated date of closing and shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

CRITICAL

Applies to

Personal representative oath

The Personal Representative’s oath must be filed when the letters are issued.

The oath of the Personal Representative must be filed at the time letters are issued.

CRITICAL

Applies to

Petition

A divorce petition must be titled Petition for Dissolution of Marriage and satisfy Title 31 of the Indiana Code or it will be dismissed.

You must file a petition for divorce called a "Petition for Dissolution of Marriage" which meets all of the requirements found in Title 31 of the Indiana Code. Any petition that does not meet the requirements will be dismissed.

CRITICAL

Applies to

Forms requested by gal

The petitioner's attorney must complete all forms requested by the GAL, including the information sheet and physician's statement.

The attorney for the petitioner shall complete all forms as requested by the GAL, including information sheet and physician’s statement.

CRITICAL

Applies to

Supplemental report

When a Final Decree vests real estate in heirs or beneficiaries, it must be recorded in the county where the property is located, and evidence of recording must be provided to the Court with the Supplemental Report.

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.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Waiver of counsel

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.

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.

CRITICAL

Applies to

Guardianship account

Guardianship accounts must include and account for Social Security or Medicare benefits received for an incapacitated person, unless the Court previously approved direct payment to a residential or health care facility without accounting to the Court.

All Social Security or Medicare benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accounts unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility without an accounting to the Court

CRITICAL

Applies to

Cash bond agreement

The defendant and anyone who posts cash bail on the defendant’s behalf must execute the prescribed Cash Bond Agreement.

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.

CRITICAL

Applies to

Adult incapacity guardianship matter

In an adult incapacity guardianship matter, the treating doctor's Physician's Report or additional evidence required by the Court must be filed or presented.

10.4 In all guardianship matters seeking to declare an adult incapacitated for any reason, a Physician's Report by the doctor treating the alleged incapacitated person--or such additional evidence as the Court may require--shall be filed or presented.

CRITICAL

Applies to

Mediator report

Upon completion of mediation, the mediator must file the agreement and/or report required by ADR Rule 2.7(E).

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.

CRITICAL

Applies to

Stipulation

Stipulations of facts or issues must be written, signed by all parties or their counsel and personally by the defendant, and approved by the court.

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.

CRITICAL

Applies to

Adoption

A separate file must be opened for each person subject to an adoption.

Filing: A separate file shall be opened for each person that is to be subject to an adoption.

CRITICAL

Applies to

Instructions to guardian

Instructions to the Guardian must be filed 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.

CRITICAL

Applies to

Waiver of notice

Each waiver must be signed by the specified interested and court-designated persons, and an entity's signer capacity must be stated.

11.2 Waivers of notice shall be signed by each person known to have an interest in the property interest to be appraised and by any person designated by the Court. A waiver filed by an entity other than an individual shall state the capacity of the person who has signed for such entity.

CRITICAL

Applies to

Pleading

Pleadings filed by mail or left with the Court for filing must include a sufficiently stamped, self-addressed envelope for returning documents to the attorney.

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.

CRITICAL

Applies to

Supervised accounting

Vouchers, canceled checks, or an affidavit for claimed expenditures must be filed with every supervised estate and guardianship accounting.

In all supervised estate and guardianship accountings, vouchers, canceled checks, or affidavit for the expenditures claimed shall be filed with the accounting.

CRITICAL

Applies to

Mediator report

If the mediation is complete, the mediator shall file the agreement and report as required by ADR Rule 2.7(E).

If the mediation is complete, the mediator shall file the agreement and report as required by ADR Rule 2.7(E).

CRITICAL

Applies to

Motion

In all other respects, any motion for continuance of a hearing or trial date shall comply with the requirements of LR55-TR7.

In all other respects, any motion for continuance of a hearing or trial date shall comply with the requirements of LR55-TR7.