Newton County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Letter via fax
Document Format Requirements5 rules
2.2 With the exception of criminal matters, all original copies of pleadings must be executed with an original signature. No signature stamps or reproduced signatures will be accepted.
2.1 Times New Roman, Courier, Arial or similar type shall be used on all pleadings. No script or elaborate fonts will be accepted.
- Pleading
Formatting
- •Script or elaborate fonts will not be accepted
A party planning to submit more than three exhibits must mark them with standard exhibit stickers before the hearing or trial; moving parties use numbers and responding parties use letters.
Court's wording
Any party planning to submit more than three exhibits at hearing or trial shall have their exhibits marked for identification with standard exhibit stickers prior to hearing or trial. Moving parties shall mark their exhibits using numbers and responding parties shall mark their exhibits using letters. (Ind. TR. 16)
Citations to these Rules must include the local-rule designation, county identifier, and specific rule number.
Court's wording
1.1. Any citation to these Rules shall include the following: (A) The designation that the cite is to a local rule - “LR”; (B) The county identifier as designated by the Indiana Supreme Court - “56"; (C) The number assigned the specific Local Rule.
The reporting shall be made on forms prescribed by the Division of State Court Administration.
Document Filing Requirements32 rules
2.3 All pleadings in cases involving a Special Judge shall have the phrase “SPECIAL JUDGE” typed directly under the cause number on the right- hand side of the caption. Directly under the phrase “SPECIAL JUDGE” shall appear the Special Judge’s name.
- Document
- Pleading
- Placement
- Caption
2.6. All pleadings requesting Court action without a hearing shall be accompanied by a proposed order.
Agreed matters shall be submitted in a written Order, accompanied with any other appropriate document such as a Decree, a Wage-Withholding Order, or a Qualified Domestic Relations Order.
All proposed orders seeking a hearing date and time shall set forth the projected amount of Court time needed and shall contain blanks for the date and time.
The parties must submit original pleadings confirming the notification which will be file marked upon receipt by the Court or as otherwise dictated by statute or rule.
After summons issues, each pleading submitted to the Court must include an addressed, stamped envelope for each party or counsel, unless service is requested by another method or an attorney has a Court service box.
Court's wording
2.7. After summons is issued, a party shall not submit any pleading to the Court without including an addressed and stamped envelope for each party or their counsel. This requirement does not apply when service upon a party is requested by means other than regular mail or when any party’s attorney maintains an attorney box for service purposes at the Court.
If an agreement is not set forth on the record, each party (not just their attorney) must sign the agreement.
In relevant family-law matters, each party must prepare and exchange a Newton County Financial Declaration Form; the Court may extend or shorten the applicable deadline by order for good cause.
Court's wording
3.1. In all relevant family law matters, including dissolutions, separations, post-decree and support proceedings, each party shall prepare and exchange, within 45 days of the initial filing of the action or within 30 days of the filing of any post-decree matters, a Newton County Financial Declaration Form (see Appendix A). These time limits may be extended or shortened by Court order for good cause shown.
(C) Pursuant to Trial Rule 26(E) (2) and (3), Financial Declaration Forms shall be supplemented if additional material becomes available.
Each party must attach reasonably available supporting information to the Financial Declaration Form, subject to the stated limits on what is reasonably available.
Court's wording
(B) Each party shall attach to the Financial Declaration Form all supporting information reasonably available; including recent bills, wage and tax records, and bank, pension and yearend mortgage statements. "Reasonably available " means material that may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed or is in the possession of the other party.
All Deeds submitted to the Court for approval must be signed by the Fiduciary and the signature notarized prior to its submission.
All such Deeds are to be submitted with the Report of Sale of Real Estate or at the time of hearing on the Final Account. Copies of such Deeds must be filed for the Court records.
No fee request will be considered as a part of the Final Account in any Estate or Guardianship proceedings. A separate petition must be filed requesting such fee determination.
The Social Security number of the Personal Representative or Guardian must be provided to the Court at the time of opening an Estate or Guardianship.
In all instances in which real estate is to be sold, a current written appraisal setting forth the fair market value thereof should be filed with the Court at the time of the filing of the Petition seeking such sale and must be filed no later than at the time of the hearing approving such sale.
The name and address of the Insurance Agency providing the corporate surety must be typed on all corporate bonds filed.
When a verified closing statement has been filed, an affidavit executed by the Personal Representative stating that no proceedings are pending shall be filed with the Court upon the expiration of the three-month statutory waiting period.
In an Unsupervised Administration, a petition for fees or an objection to fees must be filed for the Court to determine and authorize fees.
Court's wording
No Attorney or Personal Representative fees will be determined and authorized for payment by the Court in any Unsupervised Administration of a Decedent's Estate, unless a petition for fees or objection to fees is filed with the Court. If such a petition or objection is not filed, the Court will not become involved in the determination of fees in an Unsupervised Administration of a Decedent's Estate.
In the event an individual is appointed Guardian to handle the financial affairs of a protected person, the Guardian shall file his/her first current Account within thirty (30) days after the first anniversary of the date on which the letters were issued.
Where assets are claimed to be in a financial or holding institution, the Guardian's Accounting must contain a certification by an officer of the institution as to the amount and value of the assets remaining in the guardianship account.
Where a restricted account has been created, an acknowledgment of or acquiescence to the restriction by the financial institution involved must be filed by the Guardian or Attorney within ten (10) business days of the Court Order creating such an account.
A bond shall be required to the full extent of the value of the personal property assets and one year's estimated income from all assets in the Guardianship.
Adult-incapacity guardianship cases require supporting medical testimony and, at minimum, an affidavit from the treating doctor.
Court's wording
In all Guardianships filed for the purpose of declaring an adult incapacitated, supporting medical testimony is required. At a minimum, an acceptable Affidavit, executed by the Doctor treating the alleged incapacitated person, must be submitted at the time the petition is filed or on the hearing date.
Prior to appointment of a Guardian, a written acknowledgment containing the specific duties, responsibilities and powers of the Guardian must be signed by the proposed Guardian and filed with the Court.
All Social Security benefits received on behalf of a protected person must be included and accounted for in the Guardian's Accountings.
Court Reporters must report transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.
Court's wording
Each Court Reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either County Indigent, State Indigent or Private Transcripts to the Indiana Supreme Court Division of State Court Administration.
All parties participating in a case in which child support is ordered must provide to the Clerk of the Court all information necessary to complete the Child Support Intake Sheet.
If the parties reach a settlement "on the courthouse steps," then the Court may accept evidence of that settlement on the record, and enter the appropriate order upon preparation and filing by counsel within a period of time set by the Court.
2.8. A plaintiff whose case has been stayed due to a Bankruptcy filing shall notify the Court upon disposition of the Bankruptcy case.
Moreover, the Court may direct that an appraisal be obtained, just as it may designate the appraiser.
Appraisals of real estate and pensions, or of personal property such as jewelry, antiques or special collections (stamps, coins or guns, for example), are not required.
Although not required by law, the Federal Estate Tax Closing letter and/or qualifying Indiana inheritance-tax receipt or photocopy should be attached to the Final Report when filed.
Court's wording
Although not required by law, the Federal Estate Tax Closing letter and/or the countersigned receipt, or a photocopy thereof, showing payment of the Indiana Inheritance Tax liability in the Estate, executed and sealed by the Indiana Department of the State Revenue, should be attached to the Final Report at the time of filing.
Filing & Service rules
Electronic Filing Rules
Pleadings generally may not be submitted by fax except in an emergency; any faxed pleading remains subject to disposition, must comply with Administrative Rule 12, and requires immediate delivery of the original and appropriate copies.
2.4. Absent an emergency, the Court will not accept pleadings by fax. A pleading accepted by fax will not be automatically granted and it is the responsibility of the proponent to check the disposition of the pleading. The parties sending a fax to the Court must do so in accordance with Administrative Rule 12 of the Supreme Court. In addition, a party submitting a pleading by fax must immediately forward to the Court the original and an appropriate number of copies to be file marked pursuant to Administrative Rule 12.
Page 5 | LR-56-2 Pleadings
Filing Timing and Cure Windows
A party who submits a pleading by fax must immediately forward the original and an appropriate number of copies to the Court for file marking.
In addition, a party submitting a pleading by fax must immediately forward to the Court the original and an appropriate number of copies to be file marked pursuant to Administrative Rule 12.
Page 5 | LR-56-2 Pleadings
For relevant family-law matters, each party must exchange the financial declaration within 45 days of the initial filing; the Court may extend or shorten the deadline by order for good cause.
3.1. In all relevant family law matters, including dissolutions, separations, post-decree and support proceedings, each party shall prepare and exchange, within 45 days of the initial filing of the action or within 30 days of the filing of any post-decree matters, a Newton County Financial Declaration Form (see Appendix A). These time limits may be extended or shortened by Court order for good cause shown.
Page 6 | LR-56-3 Discovery
The plaintiff must request a CMC after all answers are filed and within ninety days after the complaint is filed; an answer extension extends that period, and no CMC is required in the stated default situation.
The Plaintiff shall request a CMC after the filing of all Answers and not more than ninety days after the filing of the Complaint. Any extension of time to answer granted a defendant shall similarly extend the time for plaintiff to request a CMC. No CMC is required where a defendant fails to answer the complaint and the plaintiff moves for default.
Page 7 | LR-56-4 Pre-Trial Conferences
After a juvenile or criminal case is reassigned without the parties’ prior consent after the Criminal Rule 12 change-of-judge period has expired, the parties have five days from reassignment to file a motion for change of judge.
Despite routine assignment of cases, the Judges herein reserve the right to assign any case at any time to the other sitting Judge, subject to acceptance by the assigned Judge. In the event either a juvenile or criminal case is reassigned to another Judge without prior consent of the parties and after the time has lapsed for requesting a change of Judge under Criminal Rule 12, the parties shall have five days from the reassignment to file a motion for change of Judge.
Page 10 | LR-56-8 Criminal Rules
The appraisal should be filed with the sale petition and must be filed by the hearing approving the sale at the latest.
In all instances in which real estate is to be sold, a current written appraisal setting forth the fair market value thereof should be filed with the Court at the time of the filing of the Petition seeking such sale and must be filed no later than at the time of the hearing approving such sale.
Page 11 | LR-56-9. Estates
Deeds must be submitted with the Report of Sale of Real Estate or at the hearing on the Final Account.
All such Deeds are to be submitted with the Report of Sale of Real Estate or at the time of hearing on the Final Account.
Page 11 | LR-56-9. Estates
The affidavit must be filed when the three-month statutory waiting period expires after the verified closing statement is filed.
When a verified closing statement has been filed, an affidavit executed by the Personal Representative stating that no proceedings are pending shall be filed with the Court upon the expiration of the three-month statutory waiting period.
Page 12 | LR-56-9. Estates
The acknowledgment or acquiescence for a restricted account must be filed within ten business days of the order creating the account.
Where a restricted account has been created, an acknowledgment of or acquiescence to the restriction by the financial institution involved must be filed by the Guardian or Attorney within ten (10) business days of the Court Order creating such an account.
Page 13 | LR-56-10.5
The first current Account is due within thirty days after the first anniversary of the date the letters were issued.
In the event an individual is appointed Guardian to handle the financial affairs of a protected person, the Guardian shall file his/her first current Account within thirty (30) days after the first anniversary of the date on which the letters were issued.
Page 13 | LR-56-10.6
The treating doctor’s affidavit must be submitted when the petition is filed or on the hearing date.
At a minimum, an acceptable Affidavit, executed by the Doctor treating the alleged incapacitated person, must be submitted at the time the petition is filed or on the hearing date.
Page 13 | LR-56-10.3
The institution officer’s certification must be dated no more than ten days before the Accounting is filed.
The certification must be dated by the officer not more than ten (10) days prior to the date of filing the Accounting.
Page 14 | LR-56-10.7
A party absent when a support order is entered must provide the required information to the Clerk within seven days after receiving the order.
If a party is not present, the party shall have seven days from the date of receipt of the Order establishing support to provide the requisite information to the Clerk.
Page 17 | LR-56-13. General Rules
A party present when a support order is entered must immediately provide the required information to the Clerk.
If a party is present when a support order is entered, said party must provide the requisite information immediately to the Clerk.
Page 17 | LR-56-13. General Rules
If the parties reach a settlement "on the courthouse steps," then the Court may accept evidence of that settlement on the record, and enter the appropriate order upon preparation and filing by counsel within a period of time set by the Court.
If the parties reach a settlement "on the courthouse steps," then the Court may accept evidence of that settlement on the record, and enter the appropriate order upon preparation and filing by counsel within a period of time set by the Court.
Page 6 | LR-56-2 Pleadings
Original pleadings confirming a fax notification are file-marked upon receipt by the Court, unless statute or rule dictates otherwise.
The parties must submit original pleadings confirming the notification which will be file marked upon receipt by the Court or as otherwise dictated by statute or rule.
Page 6 | LR-56-2 Pleadings
Service and Proof of Service Rules
An appraisal must be exchanged once it has been obtained.
However, once an appraisal is obtained, it must be exchanged.
Page 7 | LR-56-3 Discovery
The Financial Declaration Form need not be exchanged if the parties agree in writing, the post-decree proceeding has no financial implications, or the opposing party does not appear or respond as specified.
(A) The Financial Declaration Form need not be exchanged if: (1) The parties agree in writing to waive exchange; (2) The proceeding is post-decree and concerns issues without financial implications; (3) The opposing party does not appear in a new action or does not respond in a modification action.
Page 7 | LR-56-3 Discovery
The Attorney and/or Personal Representative must provide notice of the Estate’s opening to any reasonably ascertainable creditor.
It shall be the responsibility of the Attorney and/or the Personal Representative to provide notice of the opening of the Estate to any reasonably ascertainable creditor.
Page 11 | LR-56-9. Estates
The Attorney and/or Personal Representative must ensure required notices are published timely and file proof of publication with the Court.
Proof of publication of all notices required to be published shall be filed with the Court by the Attorney and/or the Personal Representative for the Estate. It is the Attorney's and/or the Personal Representative’s responsibility to ensure that publication was timely made, and proof thereof is properly filed with the Court.
Page 11 | LR-56-9. Estates
When a petition seeks to close an estate as insolvent, the attorney or personal representative must give notice to the specified recipients.
In the event a petition is filed requesting that an Estate be closed as insolvent, a hearing shall be held thereon. The Attorney or Personal Representative shall give Notice to the Newton County Assessor, all interested parties, all claimants and all reasonably ascertainable creditors.
Page 13 | LR-56-9 Estates, Rule 9.17
Filing Fees and Waivers
The schedule lists court costs of $159.00.
$159.00 COURT COSTS
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a misdemeanor probation administrative fee of $50.00.
$ 50.00 PROBATION ADMINISTRATIVE FEE (MISDEMEANOR)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a monthly misdemeanor probation user fee of $20.00.
$ 20.00 MONTHLY PROBATION USER FEE (MISDEMEANOR)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a second-offense drug and alcohol user fee of $320.00.
$320.00 DRUG AND ALCOHOL USER FEE (SECOND OFFENSE)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists an initial felony probation user fee of $100.00.
$100.00 INITIAL PROBATION USER FEE (FELONY)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a monthly felony probation user fee of $30.00.
$ 30.00 MONTHLY PROBATION USER FEE (FELONY)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a per-day electronic-monitored detention fee of $7.00 for a Newton County case.
$ 7.00 PER DAY FEE ELECTRONIC MONITORED DETENTION (NEWTON COUNTY CASE)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a felony probation administrative fee of $100.00.
$100.00 PROBATION ADMINISTRATIVE FEE (FELONY)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists an initial electronic-monitored home detention fee of $25.00.
$ 25.00 INITIAL FEE ELECTRONIC MONITORED HOME DETENTION
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a $25.00 fee for a drug test administered by the Probation Department with results obtained by a toxicologist.
$ 25.00 DRUG TEST ADMINISTERED BY PROBATION DEPARTMENT RESULTS OBTAINED BY TOXICOLOGIST
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a countermeasure fee of $200.00.
$200.00 COUNTERMEASURE FEE
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists an initial misdemeanor probation user fee of $50.00.
$ 50.00 INITIAL PROBATION USER FEE (MISDEMEANOR)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a first-offense drug and alcohol user fee of $285.00.
$285.00 DRUG AND ALCOHOL USER FEE (FIRST OFFENSE)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
The schedule lists a per-day electronic-monitored detention fee of $8.00 for courtesy supervision.
$ 8.00 PER DAY FEE ELECTRONIC MONITORED DETENTION (COURTESY SUPERVISION)
Page 18 | LR56-14 Newton County Alcohol and Drug Related Offenses Schedule of Fees
Adjournment & Extension Requirements
The Court may extend or shorten the financial-declaration deadlines by order for good cause shown.
These time limits may be extended or shortened by Court order for good cause shown.
Page 6 | LR-56-3 Discovery
If parties are not ready within fifteen minutes of the scheduled start, the Court may proceed without them, decide without a hearing, continue the matter, and/or impose sanctions.
If parties are not prepared to begin their hearing or trial within fifteen minutes of the scheduled time, the Court may: proceed to hear the matter without any party present; make a decision without hearing; continue the matter to a later date and time and/or impose appropriate sanctions. (Ind. TR. 73)
Page 8 | LR-56-5 Hearings on Motions and Trials
Chambers Communication Rules
Special Judges must consult the Court before setting a hearing or trial.
In order to avoid conflicts, Special Judges shall consult the Court before setting a hearing or trial. (Ind. TR. 73 AND 79)
Page 8 | LR-56-5 Hearings on Motions and Trials
Parties may fax the Court about an agreed settlement or continuance, but the notice is correspondence, not an officially filed pleading.
2.5. Parties may notify the Court by fax that they have agreed to settle or continue a matter. Such a notification will be deemed a mere correspondence and not a pleading officially filed in the pending cause.
Page 5 | LR-56-2 Pleadings
A fax notification does not remove the matter from the Court’s calendar, and the parties must check the pending matter’s status.
Fax notification does not remove a cause from the Court’s calendar. It is the responsibility of the parties to check the status of the pending cause.
Page 6 | LR-56-2 Pleadings