Newton County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Financial declaration form

Financial Declaration Forms must be supplemented if additional material becomes available.

(C) Pursuant to Trial Rule 26(E) (2) and (3), Financial Declaration Forms shall be supplemented if additional material becomes available.

CRITICAL

Applies to

Guardian account

A Guardian appointed to handle a protected person’s financial affairs must file the first current Account within thirty days after the first anniversary of the letters’ issuance.

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.

CRITICAL

Applies to

Transcript fee report

Court Reporters must report transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.

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.

CRITICAL

Applies to

Deed

A deed submitted for Court approval must be signed by the Fiduciary and notarized before submission.

All Deeds submitted to the Court for approval must be signed by the Fiduciary and the signature notarized prior to its submission.

CRITICAL

Applies to

Pleading requesting court action without hearing

Must include

proposed order

A pleading requesting Court action without a hearing must include a proposed order.

2.6. All pleadings requesting Court action without a hearing shall be accompanied by a proposed order.

CRITICAL

Applies to

Deed

Deeds must be submitted with the Report of Sale of Real Estate or at the Final Account hearing, and copies must be filed for the Court’s records.

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.

CRITICAL

Applies to

Guardian accounting

When assets are claimed to be held by a financial or holding institution, the Guardian’s Accounting must include an officer’s certification of the amount and value remaining in the guardianship account.

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.

CRITICAL

Applies to

Financial institution restriction acknowledgment

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.

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.

CRITICAL

Applies to

Agreed matter

Agreed matters must be submitted in a written order with any other appropriate document, such as a decree, wage-withholding order, or qualified domestic relations 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.

CRITICAL

Applies to

Guardianship bond

A guardianship bond is required in an amount covering the full value of personal-property assets plus one year’s estimated income from all assets.

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.

CRITICAL

Applies to

Proposed order

A proposed order seeking a hearing date and time must state the projected Court time needed and leave blanks for the date and time.

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.

CRITICAL

Applies to

Fee determination petition

A fee determination must be requested by a separate petition, not as part of the Final Account in an Estate or Guardianship proceeding.

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.

CRITICAL

Applies to

Pleading

Pleadings in cases involving a Special Judge must place “SPECIAL JUDGE” and the judge’s name directly beneath the cause number on the right-hand side of the caption.

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.

CRITICAL

Applies to

Affidavit

After the three-month statutory waiting period expires following the filing of a verified closing statement, the Personal Representative must file an affidavit stating that no proceedings are pending.

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.

CRITICAL

Applies to

Estate or guardianship opening

The Personal Representative’s or Guardian’s Social Security number must be provided to the Court when an Estate or Guardianship is opened.

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.

CRITICAL

Applies to

Fee petition or objection

In an Unsupervised Administration, a petition for fees or an objection to fees must be filed for the Court to determine and authorize fees.

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.

CRITICAL

Applies to

Child support intake sheet

Parties in cases with a child support order must provide the Clerk with all information needed to complete the Child Support Intake Sheet.

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.

CRITICAL

Applies to

Real estate appraisal

For a proposed real-estate sale, a current written appraisal stating fair market value should accompany the sale petition and must be filed no later than the hearing approving the sale.

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.

CRITICAL

Applies to

Petition for adult incapacity

Adult-incapacity guardianship cases require supporting medical testimony and, at minimum, an affidavit from the treating doctor.

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.

CRITICAL

Applies to

Guardian acknowledgment

Before appointment, the proposed Guardian must sign and file a written acknowledgment of the Guardian’s specific duties, responsibilities, and powers.

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.

CRITICAL

Applies to

Corporate bond

All filed corporate bonds must have the name and address of the Insurance Agency providing the corporate surety typed on them.

The name and address of the Insurance Agency providing the corporate surety must be typed on all corporate bonds filed.

CRITICAL

Applies to

Financial declaration form

Each party must attach reasonably available supporting information to the Financial Declaration Form, subject to the stated limits on what is reasonably available.

(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.

CRITICAL

Applies to

Original pleading

Parties must submit original pleadings confirming a fax notification; the Court file-marks them upon receipt unless statute or rule provides 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.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Agreement

If an agreement is not placed on the record, each party—not only the attorney—must sign it.

If an agreement is not set forth on the record, each party (not just their attorney) must sign the agreement.

CRITICAL

Applies to

Guardian accounting

The Guardian’s Accountings must include and account for all Social Security benefits received on behalf of the protected person.

All Social Security benefits received on behalf of a protected person must be included and accounted for in the Guardian's Accountings.

CRITICAL

Applies to

Newton County Financial Declaration Form

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.

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.

WARNING

Applies to

Settlement order

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.

WARNING

Applies to

Appraisal

The Court may direct that an appraisal be obtained and may designate the appraiser.

Moreover, the Court may direct that an appraisal be obtained, just as it may designate the appraiser.

WARNING

Applies to

Notice

A plaintiff whose case was stayed because of a bankruptcy filing must notify the Court when the bankruptcy case is disposed of.

2.8. A plaintiff whose case has been stayed due to a Bankruptcy filing shall notify the Court upon disposition of the Bankruptcy case.

INFO

Applies to

Final report

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.

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.

INFO

Applies to

Appraisal

Appraisals of real estate, pensions, or the specified personal property are not required.

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.