Porter County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Landlord computation of damages form

The landlord must file the Landlord Computation of Damages Form for the damages hearing.

At least seven (7) days prior to the damages hearing, the landlord shall have filed the Landlord Computation of Damages Form (See Appendix 1).

CRITICAL

Applies to

Accounting

Every accounting submitted to the Court must contain an itemized statement of assets on hand.

All accountings to the Court shall contain an itemized statement of the assets on hand.

CRITICAL

Applies to

Final account

A Clerk’s Certification of payment of court costs and satisfaction and release of claims must be filed before the Final Account is approved.

All court costs shall be paid and all claims satisfied and released before the hearing on the Final Account and a Clerk's Certification thereof (see Appendix B) shall be filed with the Court before such Final Account shall be approved.

CRITICAL

Applies to

Guardian current report

For an adult whose incapacity is due to physical or mental illness, file a treating physician’s report with the current report verifying that the incapacity remains unchanged and the living arrangements are appropriate.

If the incapacitated person is an adult and the incapacity is due to physical or mental illness, a Physician's Report by a treating physician shall be filed with the current report, verifying that the incapacity of the person remains unchanged since the date the guardianship was established or the date of the last current report and that the living arrangements for the incapacitated person are appropriate.

CRITICAL

Applies to

Guardian ad litem report

The Guardian Ad Litem must submit a written report to the Court before the matter is heard.

Submit a written report of his or her finding to the Court prior to the matter being heard by the Court.

CRITICAL

Applies to

Affidavit of prior criminal record

If no presentence investigation will be used, the Defendant must file the prescribed Affidavit of Prior Criminal Record before filing a plea agreement, disclosing arrests or convictions not disclosed by the State.

Prior to the filing of a plea agreement, where no presentence investigation will be utilized, the Defendant shall file an Affidavit of Prior Criminal Record indicating new arrests or convictions not disclosed by the State in the filing mentioned above, using the following format: AFFIDAVIT OF PRIOR CRIMINAL RECORD I hereby disclose the following updated criminal history, including recent arrests and convictions (including other counties or states) since submission of the criminal history by the State: ARRESTS/CONVICTIONS SINCE INITIAL HEARING DATE COUNTY/STATE RESULT On Probation now? Yes No On Parole now? Yes No Full Name Birth Date I AFFIRM, UNDER PENALTIES OF PERJURY, THAT THE ABOVE DISCLOSURE IS TRUE AND COMPLETE, LISTING ALL CRIMINAL ACTIVITY WITH WHICH I HAVE BEEN CHARGED, AND LISTING ALL CHARGES NOW PENDING AGAINST ME. I UNDERSTAND THAT IN THE EVENT THIS DISCLOSURE IS INACCURATE IN ANY RESPECT, THE STATE OF INDIANA SHALL BE PERMITTED TO REVOKE ANY PLEA OFFER, OR WITHDRAW FROM ANY PLEA AGREEMENT. I UNDERSTAND THAT MY ATTORNEY IS IN NO MANNER RESPONSIBLE FOR THE ACCURACY OF THIS AFFIDAVIT. Date Defendant

CRITICAL

Applies to

Corporate surety bond

If the will expresses an intent to waive bond, the Court must set a bond adequate to protect creditors and taxing authorities.

Where, under the terms of the Will, the testator expresses an intention that the bond be waived, the Court shall set a bond adequate to protect creditors and taxing authorities.

CRITICAL

Applies to

Fee petition

All fee petitions must specifically set forth the fee requested for both the personal representative and the attorney and will be set for hearing.

All fee petitions must specifically set forth the fee requested for both the personal representative and the attorney and will be set for hearing.

CRITICAL

Applies to

Child support guidelines worksheet

In child-support proceedings, each party must file the applicable Indiana Child Support Guidelines worksheets with any settlement or enter them into evidence at trial.

In all proceedings involving child support, each party shall file with any settlement, or enter into evidence during any trial, Indiana Child Support Guidelines worksheets - one or more depending on the facts.

CRITICAL

Applies to

Certification of account balances

The guardian must file a Certification of Account Balances.

In order to comply with the rules of the Porter Superior Court, I am required to file a Certification of Account Balances.

CRITICAL

Applies to

Bankruptcy notice or motion to stay

To obtain a stay in each relevant action, the judgment debtor must file the specified bankruptcy notice or cover sheet, or a motion to stay containing the required bankruptcy details and address matrix or schedule.

All actions, including pending collection proceedings, shall be stayed as to any Judgment Debtor who files with the Court in each relevant action one (1) copy of the Bankruptcy Court=s notice of relief (or Bankruptcy Cover sheet showing date of filing, cause number, applicable bankruptcy chapter) or who files with the Court in each relevant action a Motion to Stay reciting the filing of bankruptcy by the Judgment Debtor and resultant stay of all proceedings by the Bankruptcy Court, including the cause number, date of filing, bankruptcy chapter, and attaching a copy of the applicable address matrix or schedule showing the listing of the creditor, and the name of the Bankruptcy Court.

CRITICAL

Applies to

Financial declaration forms

Financial Declaration Forms must be complete with supporting exhibits.

Financial Declaration Forms, complete with supporting exhibits

CRITICAL

Applies to

Proposed order of stay

Debtor's counsel must file a proposed order of stay that includes a provision recalling all outstanding bench warrants.

Debtor=s counsel shall file a Proposed Order of Stay with the Court which shall include a provision to recall any and all outstanding bench warrants.

CRITICAL

Applies to

Arrearage computation

If alleging an arrearage, attach all payment-history records or exhibits and compute the child support arrearages.

If you allege the existence of a child support, maintenance, or other arrearage, attach all records or other exhibits regarding the payment history and compute the child support arrearages.

CRITICAL

Applies to

Transmittal memorandum

If a filing requires the Judge's immediate attention, an accompanying transmittal memorandum must say so in bold letters.

If the filing requires the immediate attention of the Judge, it shall so indicate in bold letters in an accompanying transmittal memorandum.

CRITICAL

Applies to

Affidavit in support of bench warrant

A body-attachment request must include a filed Affidavit in Support of Bench Warrant showing notice and service on the debtor, a current and good address, and sufficient assets for levy.

the judgment creditor or attorney for judgment creditor has filed a form entitled AAffidavit in Support of Bench Warrant@ which affirmatively shows the Court that notice and service has been obtained upon the judgment debtor, that the address being utilized is current and good, and that sufficient assets exist upon which a levy can be made;

CRITICAL

Applies to

Financial declaration form

Each party must attach reasonably required and reasonably available information verifying assets, liabilities, and values, including the listed financial records; subpoenaed material and material held by the other party are not considered reasonably available.

For the purposes of providing a full and complete verification of assets, liabilities and values, each party shall attach to the Form all information reasonably required and reasonably available. This shall include recent bills, wage and tax records, and bank, pension and year-end mortgage statements. "Reasonably available" means that material which may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed or is in possession of the other party.

CRITICAL

Applies to

Videotaped deposition

A transcript of the testimony must accompany every videotaped deposition filed with the Court.

A transcript of the testimony elicited in the video tape shall accompany all videotaped depositions filed with the Court.

CRITICAL

Applies to

Attorney fee affidavit

If a written fee contract exists, a copy must be attached to the affidavit and is deemed part of it.

(2) A copy of the written fee contract, if any, shall be attached to the affidavit and be deemed as part thereof.

CRITICAL

Applies to

Child support worksheet

The probation officer or caseworker must file a completed child support worksheet.

The probation officer or caseworker shall, not less than 3 days prior to an initial hearing, file a completed child support worksheet so that the Court may enter an order requiring the parents to pay for services as required by statute.

CRITICAL

Applies to

Arrearage computation

When alleging an arrearage, attach payment-history records or exhibits and compute the child support arrearages.

V. PROVISIONAL ARREARAGE COMPUTATIONS. If you allege the existence of a child support, birthing expenses, past medical bills, daycare expenses, maintenance, or other arrearage, attach all records or other exhibits regarding the payment history and compute the child support arrearages.

CRITICAL

Applies to

Master list of parties property

The parties must prepare a master list of their real and personal property and submit it to the court as a joint exhibit at the Final Pre-Trial Conference.

The preparation of a master list of the parties= real and personal property, which list shall be submitted by the parties to the court as a joint exhibit at the Final Pre-Trial Conference.

CRITICAL

Applies to

Jury instructions

Each proposed jury instruction must be accompanied by citations of authority.

Each instruction shall be accompanied by citations of authority.

CRITICAL

Applies to

Settlement agreement

Settlement agreements establishing parenting time must certify that the parties received, read, and understand the Indiana Parenting Time Guidelines.

For all settlement agreements in which parenting time is established, the parties shall certify in such agreement that they have received a copy of such guidelines and have read and understand the same.

CRITICAL

In child-support cases, prepare and attach an Indiana Child Support Guideline Worksheet with income documentation, or supplement with the worksheet within ten days after exchanging the form.

IN ALL CASES INVOLVING CHILD SUPPORT: Prepare and attach an Indiana Child Support Guideline Worksheet (with documentation verifying your income); or, supplement with such a Worksheet within ten (10) days of the exchange of this Form.

CRITICAL

Applies to

Facsimile transmission

A facsimile transmission must include a cover sheet that satisfies Indiana Supreme Court Administrative Rule 12(D).

The transmission must be accompanied by a cover sheet meeting the requirements of the Indiana Supreme Court Administrative Rule 12(D).

CRITICAL

Applies to

Motion

Motions must be signed by an attorney of record or personally by the defendant, and attorney filers must provide their printed name, registration number, and firm contact information.

All motions shall be signed by an attorney of record, or the defendant personally, and shall clearly identify the attorney's printed name, their Indiana Attorney Registration Number, and the name, address and telephone number of the firm with which the attorney filing same is associated.

CRITICAL

Applies to

Petition to sell personal property

In a supervised estate or guardianship, a Petition to Sell Personal Property requires a competent person's written appraisal stating fair market value, filed with the petition unless it was filed with the Inventory.

In all supervised estates and guardianships, no Petition to Sell Personal Property shall be granted unless a written appraisal prepared by a person competent to appraise such property and setting forth the fair market value thereof, is filed with the Court at the time of the filing of the Petition to Sell, unless such appraisal was filed with the Inventory.

CRITICAL

Applies to

Attorney certification

The attorney certification states that counsel reviewed the financial declaration and signed the certification under the attorney’s Trial Rule 11 obligation.

I have reviewed with my client, the foregoing information, including any valuations and attachments, and have signed this certification with my obligation under Trial Rule Eleven (11) of the Indiana Rules of Procedure.

CRITICAL

Applies to

Attorney fee affidavit

An attorney seeking an award of fees must submit and file an affidavit detailing the hourly rate, hours worked, type of work, and total fee requested.

For any matter in which a party is seeking an award of attorney fees, the attorney shall submit and file an Attorney Fee Affidavit detailing the hourly rate, number of hours performed, type of work performed and total fee requested.

CRITICAL

Applies to

Guardianship accounting

Each guardianship accounting must include a financial-institution officer's certification verifying the account balance for accounts holding assets.

All guardianship accountings shall contain a certification of an officer of any financial institution in which assets are held, verifying the account balance.

CRITICAL

Applies to

Attorney fee affidavit

An attorney-fee affidavit must state the requested fee and its basis, amounts billed, contracted for, or promised, and amounts received from all sources.

(1) The affidavit shall indicate the: (a) requested fee and the basis thereof; (b) amount counsel has billed, contracted for or been promised, and; (c) amount counsel has received from all sources.

CRITICAL

Applies to

Final report

Receipts or canceled checks for every final distribution must be filed in the final or a supplemental report before discharge.

Receipts or canceled checks for all final distributions shall be filed either in the final report, or a supplemental report, before discharge will be granted by the Court.

CRITICAL

Applies to

Report

The report must be signed by a physician.

This report must be signed by a physician.

CRITICAL

Applies to

Filing

All filings must contain the attorney’s written and typed signatures, address, attorney number, telephone and FAX numbers, computer address, and the party the attorney represents.

3200.70 Signature. All filings shall contain the signature of the attorney in written and typed form, the attorney=s address, attorney number, telephone number, FAX number, computer address, and a designation of the party for whom the attorney appears.

CRITICAL

Applies to

Facsimile transmission

Must include

certificate of service

The sender must file an acknowledgment of receipt and certificate of service by facsimile with the Clerk or Court when sending a facsimile transmission.

Upon sending a facsimile transmission to the Court, the sender shall serve it upon all parties or counsel of record by facsimile or first class U.S. mail and file an acknowledgement of receipt and certificate of service via facsimile to the Clerk or Court.

CRITICAL

Applies to

Final report

The Final Report must include the specified tax closing letters or a countersigned receipt, or a photocopy, showing payment of applicable estate tax liability.

The Federal Estate Tax Closing Letter and the Indiana Inheritance Tax Closing Letter (or the counter-signed receipt) or a photocopy thereof, showing payment of all Federal Estate and/or Indiana Inheritance Tax liability in the estate, shall be attached to the Final Report at the time of filing.

CRITICAL

Applies to

Interrogatories

Interrogatories may be filed with the Court only as provided in T.R. 5E(2).

No interrogatories shall be filed with the Court except as provided in T.R. 5E(2).

CRITICAL

Applies to

Facsimile transmission

A facsimile transmission must include any proposed orders required by Local Rule.

The transmission must include any proposed orders as required by Local Rule.

CRITICAL

Applies to

Order

For cases assigned to the Porter County Family Court, submitted orders must include enough copies and the same number of postage-paid addressed envelopes to mail a copy to each party or counsel of record and to the Family Court.

LR64-FL00-2600.3 Required Number of Copies. In all cases that been assigned to the Porter County Family Court, it shall be the responsibility of the parties to make sure that Family Court receives a copy of all Orders. Therefore, all orders submitted to the Court shall be accompanied by a sufficient number of copies and the same number of postage paid addressed envelopes, so that a copy may be mailed to each party or counsel of record and a copy to the Family Court.

CRITICAL

Applies to

Intermediate accounting

An intermediate accounting must propose partial distribution to the extent it can be made without prejudice to distributees and claimants.

(2) Shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

CRITICAL

Applies to

Signed copy

A pro se litigant must file a signed copy with the Clerk.

A pro se litigant is required to file a signed copy with the clerk.

CRITICAL

Applies to

Plea agreement

A plea agreement must be written and signed by the defendant, counsel, and the prosecuting attorney or deputy.

Plea agreements must be in written form and signed by the defendant and counsel and the prosecuting attorney or the deputy.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion seeking a court order must include enough proposed orders for the Court to execute if it grants the motion.

All motions seeking an Order of the Court shall be accompanied by a sufficient number of proposed Orders to be executed by the Court in granting the Motion.

CRITICAL

Applies to

Notice of filing pleading

A QUEST email notice of filing must state the pleading's name, filing date, and any applicable hearing date.

Said notice shall indicate the name of the pleading filed, the date it was file, and any hearing date thereon, if applicable.

CRITICAL

Applies to

Fee petition

Attorney and fiduciary fee petitions must follow Appendix C’s fee guideline and detail the services performed, requested fee, and calculation.

All petitions for fees for the attorney and/or fiduciary shall conform to the fee guideline set out in Appendix C and shall specifically set forth all services performed in detail as well as the amount of the fee requested and how it has been calculated.

CRITICAL

Applies to

Motion to reconsider

A motion to reconsider a court ruling on a motion must be in writing.

A motion to reconsider a ruling of the Court on any motion must be in writing

CRITICAL

Applies to

Guardianship accounting

Guardianship accountings must include and account for Social Security and Medicare benefits received for an incapacitated person unless the Court previously approved direct payment to a residential or health care facility.

All Social Security or Medicare benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accountings unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility.

CRITICAL

Applies to

Deed

A deed submitted for approval in an estate or guardianship proceeding must be signed by the fiduciary and notarized before submission.

All deeds submitted to the Court for approval in either estate or guardianship proceedings shall be signed by the fiduciary and the signature notarized prior to its submission.

CRITICAL

Applies to

Financial declaration form

Attach the listed tax, income, support, real estate, account, insurance, retirement, and debt documents to the Financial Declaration Form, subject to the stated applicability and availability qualifications.

The following exhibits must be attached to your Financial Declaration Form: 1. The last three years of Individual State and Federal income tax returns together with all W-2 forms, 1099 forms and K-1 forms. 2. The immediate preceding six paycheck stubs showing year-to-date earnings. 3. Documents showing the amount of income received from any other source in the past three years including irregular income in an amount greater than $500 per year plus any expenses relating thereto. 4. Child support worksheet, if applicable. 5. Arrearage calculation, if applicable under V of this Financial Declaration Form. 6. With regard to all real estate listed under VI (A) and (B): a. The title insurance policy, if available, b. The deed, c. An amortization schedule from the lending institution, if available, d. Documents showing the mortgage balance as of the date of the filing of the Petition for Dissolution of Marriage, 7. As to all bank accounts identified in VII of this Financial Declaration Form: a. Copy of the bank statement closest to the date of the filing of the petition for Dissolution of Marriage, and b. Copies of the bank statements for the five months immediately preceding the filing of the Petition for Dissolution of Marriage. 8. As to all Non-retirement Securities identified in VIII of this Financial Declaration Form: a. Copy of the statement closest to the date of the filing of the petition for Dissolution of Marriage, and b. Copies of the statements for the five months immediately preceding the filing of the Petition for Dissolution of Marriage. 9. As to all Life Insurance policies identified in IX of this Financial Declaration Form attach statements as of cash value as of the date of the filing of the Petition for Dissolution of Marriage. 10. As to all Retirement Accounts identified in X of this Financial Declaration Form attach statements showing the value of the account as of the date of the filing of the Petition for Dissolution of Marriage and for the preceding five months, if such statements are available, except for pension accounts and other defined benefit plans, in which event attach a statement from the employer describing the benefits. 11. As to all marital bills, debts and obligations identified in XII of this Financial Declaration Form, attach a statement showing the amount of each bill, debt and obligation as of the date of the filing of the divorce and for the immediately preceding five months.