Morgan County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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:

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Evidence of the appraisal notice must be filed with the inheritance tax return.

Evidence of such shall be filed with the inheritance tax return.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.

INFO

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.