Newton County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.