Ohio County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A continuance motion filed within two weeks of a court matter will be denied unless both counsel appear personally in court and explain the necessity; the Court may make exceptions in extreme emergencies.
- The Court may extend or shorten these deadlines upon a showing of good cause.
Request must include
Document Format Requirements1 rule
The request must be submitted in writing.
Document Filing Requirements37 rules
Motions to dismiss, for judgment on the pleadings, and for summary judgment shall be accompanied by a brief or memorandum and proof of service upon opposing counsel or party.
Requests to vary from this bond requirement shall be presented to the Court by verified petition with sufficient facts alleged as to the reason for seeking the variance.
Unless otherwise ordered by the Court, all negotiated criminal pleas scheduled for trial by jury shall be tendered to the Court in writing and signed by the defendant, defense counsel, and the prosecutor at least fourteen (14) days before jury trial date.
The supervising Court shall enter into a written agreement with the Court Reporter, which outlines the manner in which the Comi Reporter is to be compensated for gap and overtime hours (i.e., monetary compensation or compensatory time of regular work hours).
If a Court Reporter engages in the described private practice, wants to use Court equipment, workspace, and supplies, and the Court agrees, they must enter a written agreement specifying the reasonable market rate, recordkeeping method, and reimbursement method.
Court's wording
If a Court Reporter elects to engage in private practice through the recording of a deposition and/or preparing of a private transcript, and the Court Reporter desires to utilize the Court's equipment, work space and supplies, and the Court agrees to the use of the Court's equipment for such purpose, the Court and the Court Reporter shall enter into a written agreement which must, at a minimum, designate the following: 2. The reasonable market rate for the use of equipment, work space and supplies. 3. The method by which records are to be kept for the use of equipment, work space and supplies. 4. The method by which the Court Reporter is to reimburse the Court for the use of the equipment, work space and supplies.
Each Court Reporter must report the specified indigent-transcript fees to the Division of State Court Administration at least annually, using its prescribed forms.
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 indigent transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Division of State Court Administration.
A party offering biologically contaminated evidence must file a pre-trial notice with the trial court before trial.
Court's wording
A party who offers biologically contaminated evidence must file a pre-trial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Pre-trial deferral, disqualification or exemption by the Court may only be granted upon submission to the Courts of deferral, disqualification or exemption documentation sworn under oath or affirmed under penalties of perjury.
Annually (and at such other times as the judge deems necessary) the judge will prepare a written order to draw a certain number of jurors for service in the upcoming year. The panel will be used for both grand and petit jurors as needed. The order(s) shall be filed with the Clerk of Courts and a copy to the Jury Administrator and/or Court Administrator.
Any and all fees in excess of the guidelines shall be fixed only after a petition is filed and notified to all interested persons.
Probate accounts must include vouchers or receipts for all claimed credits unless the Court permits substitute evidence, and an account cannot be approved until all vouchers are filed.
Court's wording
At the time of the filing of all accounts (including supplemental reports) in any probate matter, vouchers or receipts evidencing all credits claimed in said account shall be filed therewith unless the Court permits other evidence to be submitted in lieu thereof. No account shall be approved unless and until all vouchers are filed.
In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for the nature of the expenditure.
Where any petition for an ex-parte order is presented, there shall be presented at the same time a prepared order book entry.
All petitions and papers in probate proceedings shall be prepared, as in the case of civil pleadings, with sufficient copies.
All guardianship accountings must contain a certification of an officer of all financial institutions in which guardianship assets are held, verifying the account balance or a current statement of the account.
The attorney for the personal representative must place their name, address, phone number, and State Bar Number on the specified petitions.
Court's wording
Upon all Petitions for Letters of Guardianship or of Administration or Testamentary, the attorney for the personal representative shall have noted thereon his or her name, address, phone number and State Bar Number, and all notices of court action in said proceeding shall be sent to said attorney, and the same shall constitute notice to the personal representative.
A treating physician’s signed report must be presented when the petition is filed or on the hearing date, except in the specified consensual guardianships.
Court's wording
In all guardianship matters, except consensual guardianships seeking to declare a disabled adult person incompetent, at a minimum, a physician's report signed by the doctor treating the alleged incompetent must be presented at the time the petition is filed or on the hearing date.
A petition to appoint a guardian for a minor must state the child’s address, known custody litigation, and known third-party custody or visitation claims.
Court's wording
In every petition for the appointment of guardian over the person of a minor child, the following information shall be given: A. The child's address; B. Whether, to petitioner's knowledge, any other litigation is pending concerning the custody of the same child in this or any other state; C. Whether, to petitioner's knowledge, any person not a party to the guardianship proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child.
No petition for administration without Court supervision will be granted unless the consent requirement of I.C. 29-1-7.2-2(a)(4) is met along with all other requirements of I.C. 29-7.5-2(a).
A copy of all deeds in estates or guardianships must be filed with reports of sale for the Court's records.
In all supervised estates and guardianships in which the real estate is to be sold (not distributed), a written professional appraisal setting forth the fair market value thereof must be filed with the court at the time of filing the petition for sale, unless such an appraisal was filed with the inventory.
In all guardianship and supervised estates, an inventory must be filed with the Court within two (2) months after the appointment of the personal representative or guardian.
A personal representative in a supervised estate or guardianship must file a bond before beginning duties, subject to the stated bond-setting and no-bond exceptions.
Court's wording
In every supervised estate and guardianship, the personal representative, before entering duties, shall file a bond not less than the value of the personal property to be administered, plus the probable value of annual rents and profits of all property of the estate, except as hereinafter provided: A. Where, under the terms of the will, the testator expresses an intention that the bond be waived, the Court will set a bond adequate to protect creditors, tax authorities and devisees; B. When the sole devisee and the personal representative is the spouse, no bond is required; C. No bond shall be required in any supervised estate or guardianship in which a financial institution, qualified by law to serve as such, is either the personal representative or one of several co-personal representatives or guardians.
All such biennial accounts must be signed by the guardian under the penalties or perjury or notarized.
All verbal and written Emergency Mental Health Detention Orders shall be prepared and submitted by the Community Mental Health Center.
which must contain the following information: A. the beginning balance or inventory; B. income; C. expenses; D. recapitulation showing the current balance.
Under provisions of LC. 29-3-9-6.5, a formal accounting need not be made; however, a recapitulation must be made by letter and signed by the guardian.
Schedules of All Property (Form IH-6, Inheritance Tax Division) when filed with the Clerk's Office, shall be accompanied by Form IH-9, a court order determining the amount of taxes.
All guardianships in which property of the ward/conservatorship is handled, the guardian or conservator shall file a biennial report in accordance with LC. 29-3-9-6-5, -6, 6.5, which must contain the following information:
All petitions for provisional orders for child custody and support money shall be accompanied by a proposed notice setting a date, within twenty one (21) days, for a hearing on the same.
All petitions for provisional orders which involve support money shall be accompanied by a child support guideline worksheet and the same shall be attached to the petition, and such worksheet shall be signed by the party submitting the same.
No final decree of dissolution in such cases shall be granted, nor shall the case be set for final hearing until a notification of compliance has been received that the parties have attended such workshop and paid the program fees.
Within ninety (90) days of the date of filing, conduct and verify to the Court that a settlement conference between the parties and counsel has been conducted and report to the Court any stipulations or agreements which have arisen from the settlement conference.
No contested marriage dissolution action will be scheduled for final hearing unless certified to the Court by counsel for either or both parties that the above required disclosure has been completed by both parties.
In those cases, for which an hourly rate applies, the Court shall receive a bill which clearly states the service performed, the expenses incurred and the reason for the same no less frequently than quarterly. This rule shall not apply to attorneys under specific contract, agreement or employed by the Court.
Application shall be made in advance before the hiring of experts, etc., and before expenses for lodging and meals in excess of Fifty Dollars ($50) are incurred.
Pursuant to Indiana Jury Rule 7, the Court may defer jury service upon presentation of a statement by the juror under oath which constitutes a showing of undue hardship, extreme inconvenience or public necessity.
Filing & Service rules
Filing Timing and Cure Windows
Items filed after 4:00 p.m. are considered filed the next business day, unless the party requests a same-day file stamp or Trial Rule 5(E) applies.
Any item filed with the Clerk of Courts, or with Court staff, after 4:00 p.m. of each business day shall be considered filed the next business day unless the party requests to have the document filed stamped for the same day, or unless pursuant to Trial Rule 5(E) of the Indiana Rules of Trial Procedure.
Page 3 | LR58-TR-4 FILINGS
The moving party must bring any filed motion to the Judge’s attention within five days after filing.
A. The filing of any motion with the Clerk of Court or with Court personnel shall be brought to the attention of the Judge by the moving pmiy within five (5) days following the filing of the motion.
Page 3 | LR58-TR-3 FILING OF MOTIONS
Negotiated criminal pleas scheduled for jury trial must be tendered at least 14 days before the trial date, unless the Court orders otherwise.
Unless otherwise ordered by the Court, all negotiated criminal pleas scheduled for trial by jury shall be tendered to the Court in writing and signed by the defendant, defense counsel, and the prosecutor at least fourteen (14) days before jury trial date.
Page 7 | LR58-CR-2 NEGOTIATED CRIMINAL PLEA AS TO MISDEMEANORS AND CLASS D OR LEVEL 6 FELONIES
A guilty plea within 14 days of the jury trial date must be presented without recommendation unless the Court approves special circumstances.
Any guilty plea within fourteen (14) days of the jury trial date shall be before the Court without recommendation, except upon a showing of special circumstances approved by the Court.
Page 7 | LR58-CR-2 NEGOTIATED CRIMINAL PLEA AS TO MISDEMEANORS AND CLASS D OR LEVEL 6 FELONIES
The written juror-draw order is prepared annually and may also be prepared at other times the judge deems necessary; it must be filed with the Clerk of Courts.
Annually (and at such other times as the judge deems necessary) the judge will prepare a written order to draw a certain number of jurors for service in the upcoming year. The panel will be used for both grand and petit jurors as needed. The order(s) shall be filed with the Clerk of Courts and a copy to the Jury Administrator and/or Court Administrator.
Page 18 | LR58-JR-3 JURY SAFETY, PRIVACY AND TERM OF SERVICE
If an estate cannot be closed within one year, an intermediate account is due within 30 days after the first anniversary of the administrator’s or executor’s appointment and each succeeding year thereafter.
Whenever an estate cannot be closed within one (1) year, an intermediate account shall be filed with the Court within thirty (30) days after the expiration of one (1) year from the date of the appointment of an administrator or executor and each succeeding year thereafter.
Page 18 | LR58-PR-2 ACCOUNTS
If an intermediate accounting has not been filed, attorneys must file it within 30 days of the court’s order.
In the event that no such intermediate accounting is filed, the Court will annually issue to the attorneys for such estates an order to file such accounting within thirty (30) days from the date of this order.
Page 19 | LR58-PR-3 SANCTIONS
The required treating physician’s signed report must be presented when the petition is filed or on the hearing date, subject to the stated exception.
In all guardianship matters, except consensual guardianships seeking to declare a disabled adult person incompetent, at a minimum, a physician's report signed by the doctor treating the alleged incompetent must be presented at the time the petition is filed or on the hearing date.
Page 19 | LR58-PR-4 GUARDIANSHIPS
The prepared order book entry must accompany the petition for an ex-parte order when it is presented.
Where any petition for an ex-parte order is presented, there shall be presented at the same time a prepared order book entry.
Page 19 | LR58-PR-5 ENTRIES AND NOTICE OF ENTRIES
Copies of all deeds must be filed together with the reports of sale.
A copy of all deeds in estates or guardianships must be filed with reports of sale for the Court's records.
Page 20 | LR58-PR-9 SALE OF ASSETS
The appraisal must be filed with the petition for sale unless it was previously filed with the inventory.
In all supervised estates and guardianships in which the real estate is to be sold (not distributed), a written professional appraisal setting forth the fair market value thereof must be filed with the court at the time of filing the petition for sale, unless such an appraisal was filed with the inventory.
Page 20 | LR58-PR-9 SALE OF ASSETS
The inventory is due within two months after the personal representative or guardian is appointed.
In all guardianship and supervised estates, an inventory must be filed with the Court within two (2) months after the appointment of the personal representative or guardian.
Page 20 | LR58-PR-10 INVENTORY
The scheduling secretary must attempt, if possible, to set a hearing date within five days after the petition and request for temporary orders are filed.
The scheduling secretary of the Circuit Court shall attempt to set a date within five (5) days, if possible, from the date of the filing of the petition and the request for temporary orders.
Page 26 | LR58-FL-4 PRELIMINARY ORDERS
Service and Proof of Service Rules
These motions must be accompanied by proof of service upon opposing counsel or the opposing party.
Motions to dismiss, for judgment on the pleadings, and for summary judgment shall be accompanied by a brief or memorandum and proof of service upon opposing counsel or party.
Page 3 | LR58-TR-3 FILING OF MOTIONS
Attorneys may not serve one another by placing documents, pleadings, or notices in the Court’s file.
Service by one attorney upon another cannot be made by placing of the documents, pleadings or notices in the Court's file. They will not be recognized as service by the Court when done in this fashion.
Page 4 | LR58-TR-8 COURT'S INTERNAL MAIL SYSTEM
Notices, court documents, orders, and communications placed in the Court’s files constitute service and notice to the respective attorneys.
All notices, such as pink sheets showing the dates of hearings and trials, Court documents, such as orders and communications, will be placed in these files and shall constitute service and notice of the same to the respective attorneys.
Page 4 | LR58-TR-8 COURT'S INTERNAL MAIL SYSTEM
A party offering biologically contaminated evidence must serve the pre-trial notice on all parties before trial.
A party who offers biologically contaminated evidence must file a pre-trial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 14 | Biologically Contaminated Evidence
In post-decree dissolution matters, hearing notices must be served on the other party and that party’s attorney, including in contempt, modification, and supplemental proceedings.
In all matters pertaining to dissolution of marriage commenced after the final decree has been placed on the Order Book, notice of hearings thereon must be served upon the other party and upon the attorney who appeared for the other party in the dissolution proceedings. The rule shall apply in all proceedings for contempt, modifications, proceedings supplemental and the like.
Page 26 | LR58-FL-3 SERVICE OF PLEADING AFTER DISSOLUTION
The parties must exchange the specified tax, pay, pension, and retirement information within 45 days after the dissolution petition is filed.
Within forty-five (45) days of the filing of a petition for dissolution of marriage, the parties shall exchange copies of federal income tax returns for the previous year, most recent pay stubs and all of the most current information available regarding pensions, 40I k's and any other retirement plans.
Page 27 | LR58-FL-5 MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
The parties must exchange verified financial declaration forms in the form set forth in Exhibit A within 60 days after the petition is filed.
Within sixty (60) days of the date of filing of the petition, exchange verified financial declaration forms as set forth in Exhibit "A" to this Rule.
Page 27 | LR58-FL-5 MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE
Filing Fees and Waivers
The bill must go directly to the requesting lawyer, and the transcript must not be released until it is paid in full.
A bill shall be submitted directly to the lawyer requesting the transcript, said transcript will not be released until payment in full is received.
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
For public transcript requests, a retainer must always be requested for at least 50% of the estimated charge.
A retainer will always be requested in these instances for at least fifty (50%) percent of the estimated charge.
Page 10 | SECTION II. SALARIES AND FEES — C. OTHER TRANSCRIPTS
The stated fee schedule applies in Veterans Treatment Court, and the specified assessment and collection procedures must be followed.
The schedule of fees set forth under Indiana Code 33-23-16-23 shall be applicable in the Southeastern Indiana Veterans Treatment Court and procedures of assessment and collection of fees pursuant to Problem Solving Court Rules Section 16 shall be followed and received by the Southeastern Indiana Veterans Treatment Court.
Page 17
Probate fees for personal representatives and attorneys are governed by the Court’s adopted fee guideline, and fees exceeding the guideline may be fixed only after a petition is filed and interested persons are notified.
Any and all fees allowed personal representatives and attorneys in probate matters shall, so far as deemed proper by the Court, be allowed in conformance with the fee guideline then existing, approved and adopted by the Dearborn-Ohio Circuit Court. Any and all fees in excess of the guidelines shall be fixed only after a petition is filed and notified to all interested persons.
Page 18 | LR58-PR-1 FEES AND COSTS OF ADMINISTRATION
All court costs must be paid in full when the estate or probate matter is completed.
Any and all court costs shall be paid in full at the time the estate or probation matter is completed.
Page 18 | LR58-PR-1 FEES AND COSTS OF ADMINISTRATION
The parties must pay the workshop program fees before a final decree is granted or the case is set for final hearing.
No final decree of dissolution in such cases shall be granted, nor shall the case be set for final hearing until a notification of compliance has been received that the parties have attended such workshop and paid the program fees.
Page 26 | LR58-FL-2 DISSOLUTION OF EDUCATION WORKSHOP
There shall be a minimum fee of Thirty-Five Dollars ($35.00) on all transcripts.
There shall be a minimum fee of Thirty-Five Dollars ($35.00) on all transcripts.
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
The maximum per-page charge for an expedited private transcript is $5.50.
Five Dollars and Fifty Cents ($5.50) for expedited transcripts
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
Private-transcript charges must be the same whether the transcript is provided as a hard copy or on disk.
These charges shall be the same regardless of whether the transcript is produced as a hard copy or on disk.
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
A Court Reporter may charge no more than $5.00 per page for a private transcript.
The maximum per page fee a Court Reporter may charge for the preparation of a private transcript shall be: A Five Dollars ($5.00)
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
The maximum charge for a copy of a private transcript is $2.50 per page.
Two Dollars and Fifty Cents ($2.50) for a copy.
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
The Court Reporter may add a charge at the normal hourly rate for binding a transcript and its exhibits.
An additional charge at the Court Reporter's normal hourly rate may be added for binding the transcript and exhibits.
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
For a public transcript requested for a purpose other than trial court or appeal, the charge is $5.00 per page.
In cases where a transcript is requested by a member of the public (not for trial Court or appeal purposes), the per page charge will be Five Dollars ($5.00)
Page 10 | SECTION II. SALARIES AND FEES — C. OTHER TRANSCRIPTS
The charge for an expedited public transcript is $5.50 per page.
Five Dollars and Fifty Cents ($5.50) for expedited transcripts
Page 10 | SECTION II. SALARIES AND FEES — C. OTHER TRANSCRIPTS
Public transcripts are subject to a minimum fee of $35.00.
There shall be a minimum fee of Thirty-Five Dollars ($35.00) on all transcripts.
Page 10 | SECTION II. SALARIES AND FEES — C. OTHER TRANSCRIPTS
Public-transcript charges must be the same whether the transcript is provided as a hard copy or on disk.
These charges shall be the same regardless of whether the transcript is produced as a hard copy or on disk.
Page 10 | SECTION II. SALARIES AND FEES — C. OTHER TRANSCRIPTS
The charge for a copy of a public transcript is $2.50 per page.
Two Dollars and Fifty Cents ($2.50) for a copy.
Page 10 | SECTION II. SALARIES AND FEES — C. OTHER TRANSCRIPTS
Support documents, including attendance at closing when required, are listed at a cost of $500.00.
Support documents, including attending closing, if required ............................................................................ $500.00
Page 23 | Report of Sale
A retainer may be requested for a private transcript in some instances.
In some instances a retainer may be requested.
Page 9 | SECTION II. SALARIES AND FEES — B. PRIVATE TRANSCRIPTS
Sealing & Redaction Procedures
Juror or prospective-juror personal information not disclosed in open court is confidential, subject to permitted use by parties and counsel.
Pursuant to Indiana Jury Rule 10, personal information relating to jurors or prospective jurors not disclosed in open court shall be considered confidential, other than as permitted for use of parties and counsel.
Page 18 | LR58-JR-3 JURY SAFETY, PRIVACY AND TERM OF SERVICE
Juror deferral, disqualification, or exemption documentation is confidential and may not be disclosed unless the Court directs otherwise.
The documentation shall be considered confidential and shall not be disclosed except as otherwise directed by the Court.
Page 18 | LR58-JR-2 DEFERRAL, DISQUALIFICATION, AND EXEMPTION
Pre-Motion Conference Requirements
An adverse party must file an answer brief or memorandum within fifteen days after service of the movant’s brief or memorandum.
An adverse party shall have fifteen (15) days after service of movant' s brief or memorandum to file an answer brief or memorandum.
Page 3 | LR58-TR-3 FILING OF MOTIONS
Adjournment & Extension Requirements
A continuance motion filed within two weeks of a court matter will be denied unless both counsel appear personally in court and explain the necessity; the Court may make exceptions in extreme emergencies.
Any motion for continuance filed within two (2) weeks of the trial, hearing or other court matter will be denied unless personal appearance is made by both counsel in court, explaining the necessity for the continuance. In extreme emergencies, the Court may grant exceptions to this rule.
Page 4 | LR58-TR-9 CONTINUANCES
The Court may extend or shorten these deadlines upon a showing of good cause.
Deadlines may be extended or shortened by the Court for good cause shown.
Page 27 | LR58-FL-5 MANDATORY DISCOVERY IN ACTIONS FOR DISSOLUTION OF MARRIAGE