Owen County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Notice of claim

A third-party notice requires a Notice of Claim form completed under the clerk's direction, naming the Third-Party Defendant and explaining the basis for responsibility.

To do this simply fill out a Notice of Claim form under the direction of the clerk naming the person whom you believe responsible as the "Third-Party Defendant" and explain on the form why you believe this person should be responsible to you for the Plaintiff's claim.

CRITICAL

Applies to

Written judicial order

The Clerk may release a cash bond only under a judge’s written order after judgment and payment of all imposed fines, fees, costs, and assessments.

No cash bond may be released by the Owen County Clerk, except upon written order of a judge after judgment has been entered and any fines, fees, and costs including probation users fees and assessments imposed by the Court have been paid and satisfied.

CRITICAL

Applies to

Promise to appear

Anyone released on recognizance or bail for a misdemeanor or felony must execute a written Promise to Appear, which the Sheriff must immediately forward to Circuit 1.

Any person, whether released on recognizance or bail for a misdemeanor or felony offense, shall be required to execute a written Promise to Appear in the appropriate court at the designated date and time. The Promise to Appear form shall be immediately forwarded to Circuit 1 by the Sheriff.

CRITICAL

Applies to

Judgment release

After receiving full payment of a judgment, the winning party must release the judgment with the clerk.

Once you have received full payment of your judgment, you must release the judgment with the clerk.

CRITICAL

Applies to

Contract or account statement

A suit based on a written contract or account must include one copy for the court records and one copy for each defendant.

If your suit is based upon a written contract or account, you MUST provide to the clerk of the court one (1) copy of the contract or account statement for the court records and one (1) copy for each Defendant.

CRITICAL

Applies to

Small claim filing

The claimant must give the clerk the defendant’s correct name, address, and telephone number and name the real party in interest.

You must give the clerk the correct name, address and telephone number of the Defendant. Be sure the named Defendant is the real party in interest.

CRITICAL

Applies to

Personal appearance bond with ten percent cash deposit form

For a felony other than a level 6 felony, court approval is required before a 10% cash bond may be posted, and the defendant and bond poster must execute the court-specified form if approved.

No individual charged with a felony, except for a level 6 felony, may post a 10% cash bond unless the Court first approves the posting of such a bond. In the event that the Court approves such a bond, the defendant and the person posting the bond shall execute a Personal Appearance Bond with Ten Percent Cash Deposit form as specified by this Court.

CRITICAL

Applies to

Business employee representation authorization

An employee affidavit and certificate of compliance designating a full-time employee to represent the business must be on file with the clerk.

3) the business has on filed with the clerk an employee affidavit and certificate of compliance designating a full-time employee to represent the business.

CRITICAL

Applies to

Evidence removal receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the court file.

At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence, the receipt will be made part of the court file.

CRITICAL

Applies to

Written appearance

An attorney must file a written appearance for the defendant at the earliest possible time after retention or appointment.

An attorney must file a written appearance for the defendant at the earliest possible time after being retained by the defendant or appointed by the Court to represent the defendant.

CRITICAL

Applies to

Proof of compliance

Each party must provide the Court with proof of compliance with the parenting-class requirement.

Each party shall be individually responsible for complying with this requirement and providing proof of compliance with the Court.

CRITICAL

Applies to

Jury trial affidavit

The jury-trial affidavit must identify the factual questions requiring a jury, explain and specify them, and state that the request is made in good faith.

The affidavit must: (1) state that there are questions of fact in the case which require a jury trial; (2) must explain and specify those questions of fact; and (3) must state that the request for a jury trial is made in good faith.

CRITICAL

Applies to

Corporate representation authorization

A corporate resolution and affidavit authorizing an employee’s representation must be on file with the clerk.

A corporate resolution and an affidavit are on file with the clerk authorizing the employee to represent the corporation.

CRITICAL

Applies to

Promise to appear

When bond is posted, the defendant must sign a promise to appear; three copies must be prepared, with the original and a bond copy filed with the Clerk and copies distributed to the defendant and Prosecuting Attorney and retained by the Sheriff.

When bond is posted as provided herein, the Sheriff of Owen County, Indiana, or his designated employee, shall cause the defendant to sign a promise to appear in the Owen Circuit Court. Three copies of such promise to appear shall be prepared. The original, with a copy of said bond attached, shall be filed with the Clerk of the Owen Circuit Court. The Sheriff shall deliver one copy of said promise to appear to the defendant, a second copy to the Prosecuting Attorney and shall retain one copy in the files of the Owen County Sheriff.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court before trial.

A party who offers biologically contaminated evidence must file a pretrial 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

Personal appearance bond with ten percent cash deposit form

The executed bond form must be delivered to the Clerk with the bond amount.

When a defendant and the person posting the bond have executed the Personal Appearance Bond With Ten Percent Cash Deposit form, the said form shall be delivered to the Clerk of this Court with the amount of the bond.

CRITICAL

Applies to

Personal appearance bond with ten percent cash deposit form

A misdemeanor defendant may post a 10% cash bond without prior court approval if the defendant and bond poster execute the court-specified form.

Any individual charged with a misdemeanor may post a 10% cash bond without prior approval of the Court provided that the defendant and the person posting said bond execute a Personal Appearance Bond with Ten Percent Cash Deposit form as specified by this Court.

CRITICAL

Applies to

Claim against deceased estate

To collect a judgment when the debtor dies before paying it, you must file a claim against the deceased’s estate.

If the Debtor Dies. To collect the judgment if the debtor dies before the judgment is paid, you must file a claim against the deceased's estate.

CRITICAL

Applies to

Order

Orders requiring entry in the judgment docket must include “judgment” in the title and state the specific judgment amount in the body.

Judgment Docket (IC 33-32-3-2), wherein all orders requiring entry in the judgment docket shall include the term “judgment” in the title and shall set forth the specific dollar amount of the judgment in the body of the order;

CRITICAL

Applies to

Notice of claim form

A claimant must fill out several Notice of Claim forms and state briefly and clearly in writing the nature and amount of the claim.

You must fill out several copies of a Notice of Claim form by briefly and clearly stating in writing the nature and amount of your claim against the Defendant.

CRITICAL

Applies to

Arrest warrant

If bail is set at a probable cause hearing, the judge-set amount must be endorsed on the arrest warrant and controls over conflicting provisions of the order.

If bail is set at a probable cause hearing, the amount of bail set by the judge shall be endorsed upon the arrest warrant and shall supersede conflicting provisions of this order.

WARNING

Applies to

Written petition

A party may seek access to confidential records in another case in the Family Court proceeding by written petition based on relevancy and need.

Parties may seek access to the confidential cases or records in another case within the Family Court proceeding in which they are not a party, by written petition based on relevancy and need.

WARNING

Applies to

Settlement agreement

If the Plaintiff and the Defendant are able to reach a settlement of the dispute before the trial, the parties should write down the settlement and, after signing the agreement, file it with the clerk of the court.

If the Plaintiff and the Defendant are able to reach a settlement of the dispute before the trial, the parties should write down the settlement and, after signing the agreement, file it with the clerk of the court.

WARNING

Applies to

Settlement agreement

If the parties reach an agreement, they should put it in writing and submit it to the court before the trial date.

If you and the Defendant can work out some agreement, reduce it to writing, and submit it to the Court prior to the trial date, then no trial will be necessary.