Ohio County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Jury draw order

The judge prepares an annual written juror-draw order, or prepares one at other times the judge deems necessary, files it with the Clerk of Courts, and provides a copy to the Jury Administrator and/or Court Administrator.

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.

CRITICAL

Applies to

Biennial account

Each biennial account must be signed by the guardian under penalties of perjury or notarized.

All such biennial accounts must be signed by the guardian under the penalties or perjury or notarized.

CRITICAL

Applies to

Negotiated criminal plea

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.

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.

CRITICAL

Applies to

Petition for administration without court supervision

A petition for unsupervised administration will not be granted unless the cited consent and statutory requirements are met.

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).

CRITICAL

Applies to

Report of sale

A copy of each deed in an estate or guardianship must be filed with the report of sale.

A copy of all deeds in estates or guardianships must be filed with reports of sale for the Court's records.

CRITICAL

Applies to

Supervised estate or guardianship accounting

Each expenditure in a supervised estate or guardianship accounting must have a notation explaining its nature and reason.

In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for the nature of the expenditure.

CRITICAL

Applies to

Petition for ex parte order

A prepared order book entry must be presented at the same time as any petition for an ex-parte order.

Where any petition for an ex-parte order is presented, there shall be presented at the same time a prepared order book entry.

CRITICAL

Applies to

Pre trial notice

A party offering biologically contaminated evidence must file a pre-trial notice with the trial court 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.

CRITICAL

Applies to

Petition for sale of real estate

A professional appraisal stating fair market value must be filed with a petition to sell real estate in a supervised estate or guardianship unless the appraisal was already 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.

CRITICAL

Applies to

Petition for fees exceeding guidelines

A petition for fees exceeding the guideline must be filed and interested persons notified before those fees are fixed.

Any and all fees in excess of the guidelines shall be fixed only after a petition is filed and notified to all interested persons.

CRITICAL

Applies to

Probate petition or paper

Petitions and papers in probate proceedings must be prepared like civil pleadings and submitted with sufficient copies.

All petitions and papers in probate proceedings shall be prepared, as in the case of civil pleadings, with sufficient copies.

CRITICAL

Applies to

Settlement conference report

Within 90 days after filing, the parties must conduct a settlement conference, verify to the Court that it occurred, and report any resulting stipulations or agreements.

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.

CRITICAL

Applies to

Emergency mental health detention order

The Community Mental Health Center must prepare and submit all verbal and written Emergency Mental Health Detention Orders.

All verbal and written Emergency Mental Health Detention Orders shall be prepared and submitted by the Community Mental Health Center.

CRITICAL

Applies to

Petition for provisional order

A petition for a provisional order for child custody and support must include a proposed notice setting a hearing date within 21 days.

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.

CRITICAL

Applies to

Probate account

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.

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.

CRITICAL

Applies to

Biennial report

A biennial report must include the beginning balance or inventory, income, expenses, and a recapitulation showing the current balance.

which must contain the following information: A. the beginning balance or inventory; B. income; C. expenses; D. recapitulation showing the current balance.

CRITICAL

Applies to

Guardianship accounting

Guardianship accountings must include an officer’s certification verifying the account balance or a current account statement.

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.

CRITICAL

Applies to

Court reporter compensation agreement

The supervising Court must enter a written agreement with the Court Reporter specifying compensation for gap and overtime hours, which may be monetary compensation or compensatory time.

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).

CRITICAL

Applies to

Petition for provisional order

A petition for a provisional order involving support money must include an attached child support guideline worksheet signed by the submitting party.

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.

CRITICAL

Applies to

Inventory

An inventory must be filed within two months after appointment of the personal representative or guardian.

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.

CRITICAL

Applies to

Private practice use agreement

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.

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.

CRITICAL

Applies to

Petition for letters of guardianship or administration or testamentary

The attorney for the personal representative must place their name, address, phone number, and State Bar Number on the specified petitions.

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.

CRITICAL

Applies to

Physician report

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.

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.

CRITICAL

Applies to

Verified petition

A request to vary the bond requirement must be presented by verified petition alleging sufficient facts explaining the reason for the variance.

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.

CRITICAL

Applies to

Juror deferral disqualification exemption documentation

Pre-trial deferral, disqualification, or exemption may be granted only after the required documentation is submitted under oath or affirmed under penalties of perjury.

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.

CRITICAL

Applies to

Biennial account

A formal accounting is not required, but a recapitulation must be provided by letter and signed by the guardian.

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.

CRITICAL

Applies to

Notification of compliance

A compliance notification confirming workshop attendance and payment of program fees must be received 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.

CRITICAL

Applies to

Schedule of all property

When filed with the Clerk's Office, schedules of all property must be accompanied by Form IH-9, an order determining the amount of taxes.

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.

CRITICAL

Applies to

Disclosure certification

A contested dissolution action cannot be scheduled for final hearing until counsel certifies to the Court that both parties completed the required disclosures.

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.

CRITICAL

Applies to

Biennial report

When a guardianship involves handling the ward's or conservatorship's property, the guardian or conservator must file a biennial report.

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:

CRITICAL

Applies to

Transcript fee report

Each Court Reporter must report the specified indigent-transcript fees to the Division of State Court Administration at least annually, using its prescribed forms.

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.

CRITICAL

Applies to

Bond

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.

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.

CRITICAL

Applies to

Petition for appointment of guardian over minor

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.

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.

CRITICAL

Applies to

Motion to dismiss judgment on pleadings or summary judgment

Motions to dismiss, for judgment on the pleadings, and for summary judgment must be accompanied by a brief or memorandum.

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.

WARNING

Applies to

Bill

When an hourly rate applies, a bill stating the services performed, expenses incurred, and reason for them must be provided to the Court at least quarterly; this requirement does not apply to attorneys under a specific contract or agreement or employed by the Court.

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.

WARNING

Applies to

Application

An application must be made in advance before hiring experts and before incurring lodging or meal expenses exceeding $50.

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.

WARNING

Applies to

Juror deferral statement

The Court may defer jury service upon presentation of the juror’s sworn statement showing undue hardship, extreme inconvenience, or public necessity.

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.