Morgan County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Decree or order

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.

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.

CRITICAL

Applies to

Pleading

Every filed pleading must contain the attorney’s name, address, telephone number, and Indiana Supreme Court Attorney Number.

All pleadings filed shall contain the attorney’s name, address, telephone number, and the Indiana Supreme Court Attorney Number.

CRITICAL

Applies to

Withdrawal of appearance

Permission to withdraw requires ten days’ advance written notice to the client and filing a copy with the Court, unless the client’s new counsel enters an appearance simultaneously or earlier.

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.

CRITICAL

Applies to

Counsel withdrawal

Counsel must obtain the court's permission to withdraw an appearance for a defendant.

Permission of the court is required to withdraw the appearance of counsel for a defendant.

CRITICAL

Applies to

Written agreement

Agreements resolving issues must be written, signed by all parties and their counsel, and submitted with the mediator's report or as soon afterward as practicable.

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.

CRITICAL

Applies to

Notice

All required notices must comply with statutory requirements.

In all respects, the notice shall comply with all statutory requirements.

CRITICAL

Applies to

Motion to relieve appointed counsel

Appointed counsel remains responsible for representing the defendant unless the court relieves counsel upon written motion.

Appointed counsel shall represent the defendant after appointment unless relieved by the court upon written motion.

CRITICAL

Applies to

Objection

An objection to an order referring a case to mediation or mini-hearing must be written and specify its grounds.

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.

CRITICAL

Applies to

Cash bond agreement

The defendant and anyone posting cash bail on the defendant’s behalf must execute a Cash Bond Agreement in the prescribed format.

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:

CRITICAL

Applies to

Ex parte order request

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.

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.

CRITICAL

Applies to

Chronological case summary

The Clerk must note the self-represented party’s name, mailing address, and phone number 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.

CRITICAL

Applies to

Supervised estate accounting

Each expenditure in an accounting for a supervised estate must have a notation stating its reason or nature unless the payee's name indicates that reason or nature.

In accountings in all supervised estates, a notation shall be placed by each expenditure indicating the reason or nature of the expenditure unless the payee name is indicative of the reason or nature of the expenditure.

CRITICAL

Applies to

Motion

A defendant’s motion for continuance must be signed by both the defendant and the defendant’s attorney.

All motions for continuance by the Defendant shall be signed by the Defendant and his/her attorney.

CRITICAL

Applies to

Final accounting

All claims must be 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.

CRITICAL

Applies to

Petition to sell personal property

In supervised estates and guardianships, a Petition to Sell Personal Property must be supported by a written appraisal prepared by a competent appraiser that states the property's fair market value.

In supervised estates and guardianships, all Petitions to Sell Personal Property shall be supported by a written appraisal prepared by a person competent to appraise such property and setting forth the Fair Market Value of the property.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be in writing and requires the Court’s permission.

All withdrawals of appearance shall be in writing and by leave of Court.

CRITICAL

Applies to

Creditor notice compliance affidavit

The affidavit of compliance with creditor-notice requirements must be timely filed in supervised and unsupervised estates.

The affidavit of compliance with the notice provision as to creditors in an estate proceeding shall be timely filed in supervised and unsupervised estates.

CRITICAL

Applies to

Proposed order

Must include

caption, case number

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.

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.

CRITICAL

Applies to

Jury trial request

A misdemeanor jury-trial request must be written, signed by the defendant, and filed within the time permitted by Criminal Rule 22, or the right is waived.

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.

CRITICAL

Applies to

Petitions to open lock box and estate

A petition to open a lock box and the subsequent petition to open an estate must be filed under the same case number.

9.2 Lock Box: A Petition to open a lock box and subsequent petition to open an estate shall be filed under the same case number.

CRITICAL

Applies to

Proposed final dissolution decree

When the parties agree and seek a decree without a hearing, they must give the court a proposed Final Dissolution Decree setting out their agreements.

You must prepare and give to the court a "Final Dissolution Decree" that sets out all of your agreements regarding property, child custody and support.

CRITICAL

Applies to

Admissions stipulations agreements

Admissions, stipulations, and agreements concerning a case's proceedings must be submitted in writing and signed by the parties or counsel to be enforced.

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.

CRITICAL

Applies to

Petition and final dissolution decree

Parties with children must follow the attached Child Support Guidelines and file the Child Support Information Sheet and Child Support Obligation Worksheet with both the initial petition and the Final Dissolution Decree.

You must fill out and follow the Child Support Guidelines attached to this packet. The "Child Support Information Sheet" and "Child Support Obligation Worksheet" must be filed with your initial "Petition" as well as your "Final Dissolution Decree".

CRITICAL

Applies to

Final hearing request

A party seeking a Final Hearing must request it in writing and appear on the scheduled date; the hearing is not set automatically.

(a) In writing, request a "Final Hearing" and then appear on that date. A hearing is not automatically set.

CRITICAL

Applies to

Continuance request

After the case has been on file for one year, a continuance request must be signed by both the party requesting it and that party's attorney.

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.

CRITICAL

Applies to

Deed

Copies of deeds must be filed with the Court for its records.

Copies of the deeds shall be filed with the Court for its records.

CRITICAL

Applies to

Guardianship account

Each guardianship account must include a certification verifying the account balance from an officer of every financial institution holding guardianship assets.

All guardianship accounts shall contain a certification verifying the account balance by an officer of any financial institution in which guardianship assets are held.

CRITICAL

Applies to

Decree

At the final hearing in an uncontested dissolution matter, petitioner's counsel must submit an original typewritten decree and at least three copies.

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.

CRITICAL

Applies to

Waiver of final hearing

For an uncontested case proceeding without a Final Hearing, the Waiver of Final Hearing must be signed and notarized or attested to by the parties.

(1) A "Waiver of Final Hearing", which needs to be signed and notarized or attested to by you your spouse.

CRITICAL

Applies to

Pre trial conference materials

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.

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.

CRITICAL

Applies to

Final accounting

A Clerk's Certification that court costs have been paid must be filed with the Court before the Final Accounting will be approved.

A Clerk's Certification of payment of court costs shall be filed with the Court before the Final Accounting will be approved.

CRITICAL

Applies to

Accounting

Every accounting must contain an itemized statement of the assets on hand.

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

CRITICAL

Applies to

Certificate of completion

If the children are under 18 when the petition is filed, both parties must attend the program and file their completion certificates before a final hearing will be set.

If your children are under eighteen (18) years old at the time of filing your "Petition", both you and your spouse must attend the "Children Cope With Divorce" program. Once you both complete the course, you must both file certificates of completion with the Court before a final hearing will be set.

CRITICAL

Applies to

Claim action notice

Written notice of the fiduciary's action on each claim must be filed with the Court and sent to the claimant.

Written notice of such action shall be filed with the Court and notice sent to the claimant..

CRITICAL

Applies to

Information or indictment

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.

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.

CRITICAL

Applies to

Petition

A correctly and completely prepared Summons must be filed with the divorce petition.

You must correctly and completely file with your "Petition" a "Summons".

CRITICAL

Applies to

Motion to withdraw appearance

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.

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.

CRITICAL

Applies to

Written professional appraisal

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.

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.

CRITICAL

Applies to

Waiver

When a defendant waives a right, the court must record that the defendant is present and was advised of the right before waiving it.

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.

CRITICAL

Applies to

Pleading

Pleadings filed in an estate or guardianship must be signed and verified by the fiduciary and signed by the fiduciary’s attorney.

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.

CRITICAL

Applies to

Waiver of notice

A waiver signed on another person's behalf must include the signer's authority, and a minor's waiver must state the signer's relationship to the minor.

11.3 A waiver signed by an attorney or another person on behalf of a person who is entitled to notice under I.C. 6 4.1 5 3 and I.C. 6 4.1 5 9 shall include a copy of the power of attorney, letters of guardianship or other authority of the signer. If the interested person is a minor, the waiver shall include a statement of the relationship of the signer to the minor.

WARNING

Applies to

Releases and witness lists

Depending on the circumstances, the Court may schedule a pretrial conference when the custody petition is filed if no investigation is requested, or after all releases and witness lists have been filed.

The Court may, in its discretion, schedule the case for a pre-trial conference at the time of filing the Petition for Custody, if no investigation is requested, or after all releases and witness lists have been filed, whichever is appropriate.

WARNING

In order for the Court to consider the issuance of a body attachment, the following information should be provided to the Court. The judgment debtor's: (1) social security number and/or date of birth [required]; (2) driver's license number [if known]; (3) last known address [required]; (4) judgment debtor's place of employment [if known]; (5) distinguishing physical features (e.g., height/weight/hair color/eye color) [if known]; (6) descriptions of motor vehicles owned by the judgment debtor [if known]; (7) names and addresses of known relatives of the judgment debtor [optional].

In order for the Court to consider the issuance of a body attachment, the following information should be provided to the Court. The judgment debtor's: (1) social security number and/or date of birth [required]; (2) driver's license number [if known]; (3) last known address [required]; (4) judgment debtor's place of employment [if known]; (5) distinguishing physical features (e.g., height/weight/hair color/eye color) [if known]; (6) descriptions of motor vehicles owned by the judgment debtor [if known]; (7) names and addresses of known relatives of the judgment debtor [optional].

WARNING

Applies to

Transcript fee report

Court reporters must report all specified transcript fees to the Division of State Court Administration at least annually using its prescribed forms.

1.2.7. Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration. The report shall be made on forms prescribed by the Division of State Court Administration.

WARNING

Applies to

Proposed decree of dissolution of marriage

For a Final Hearing, parties should give the Court a proposed Decree of Dissolution of Marriage stating the requested terms, but the Court may use all, some, or none of it.

(c) You should prepare and give to the Court a proposed "Decree of Dissolution of Marriage", that states what you want the Court to agree to at the "Final Hearing." The Court may use all, some or none of your "Decree" when issuing the "Final Dissolution Decree".

WARNING

Applies to

Trial readiness certificate

If the Court requires a Trial Readiness Certificate before setting trial, it must include the listed scheduling and trial-readiness information.

The Court may require the filing of a Trial Readiness Certificate prior to setting the case for trial. If a Trial Readiness Certificate is required, then the "Certificate of Readiness for Trial," shall include the following minimum information: (1) The reasonably anticipated time necessary to conduct the trial; (2) Whether a jury trial was timely requested, and the issues triable by the jury; (3) The number of days advance notice needed by the parties prior to the date of trial; (4) Calendar conflicts of counsel for each party to assist the Court in scheduling the jury trial; and (5) Any other matters that would be of assistance to the Court in the scheduling and conduct of the trial.

WARNING

Applies to

Waiver

The court may require a waiver to be in writing, personally signed by the defendant, and approved by the court.

The court may require that a waiver of a right be in writing, signed by the defendant personally and approved by the court.

WARNING

Applies to

Motion

All motions should comply with the requirements of LR55-TR7.

All motions should comply with the requirements of LR55-TR7.

WARNING

Applies to

Written agreement

If a court reporter uses court equipment, workspace, or supplies for private practice with the presiding judge’s agreement, the court and reporter must enter a written agreement specifying the rate, recordkeeping method, and reimbursement method.

1.3.1. If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the Court Reporter desires to utilize the court’s equipment, work space and supplies, and the presiding Judge of the Court agrees to the use of the court equipments for such purpose, the Court and the Court Reporter shall enter into a written agreement which must, at a minimum, designate the following: (1) the reasonable market rate for the use of equipment, work space and supplies; (2) the method by which records are to be kept for the use of equipment, work space and supplies; and (3) the method by which the court reporter is to reimburse the Treasurer of Morgan County for the use of the court equipment, work space and supplies.

WARNING

Applies to

Mediator report

If the parties agree, a party may file the agreement separately; the mediator's report must identify that party and include the parties' agreed date certain for filing the agreement.

However, if the parties so agree, a party may file the agreement separately, and that party shall be identified in the mediator's report. The mediator's report shall also include the parties' agreement as to a date certain for filing their agreement.