Porter County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Transcript fee report

Each court reporter must report all fees received for preparing county indigent, state indigent, or private transcripts 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 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

Petition to open estate or guardianship

Petitions to open an estate or guardianship must state the probable value of personal property and estimated annual rents and profits.

All petitions to open an estate or guardianship shall set forth the probable value of the personal property plus the estimated annual rents and profits to be derived from the property in the estate or guardianship.

CRITICAL

Applies to

Financial declaration form

In a post-decree arrearage proceeding, the alleged delinquent party must complete the entire Form; the support recipient need complete only the portion specifying the basis of the arrearage calculation, with supporting documentation.

Provided, however, when the proceeding is post-decree and concerns an arrearage, the alleged delinquent party shall complete the entire Form, while the support recipient need complete merely that portion thereof which requires specification of the basis of the arrearage calculation (with appropriate supporting documentation).

CRITICAL

Applies to

Guardian ad litem appointment order

Whenever a Guardian Ad Litem is appointed, an Appointment of Guardian Ad Litem Order must be prepared and submitted for court approval.

LR64-FL00-2400.7 Form of Order. Whenever a Guardian Ad Litem is appointed the Appointment of Guardian Ad Litem Order (See Appendix D) shall be prepared and submitted for approval of the Court.

CRITICAL

Applies to

Order

Orders submitted to the Court must include enough copies and an equal number of postage-paid, addressed envelopes to mail a copy to each party or counsel of record.

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.

CRITICAL

Applies to

Transparenting certificate

A copy of the TransParenting certificate must be filed before the final hearing or attached as an exhibit to the final decree.

A copy of the TransParenting certificate shall be filed with the Court prior to the final hearing or shall be attached to the final decree as an exhibit thereto.

CRITICAL

Applies to

Financial declaration form

The Financial Declaration Form includes a declaration under penalty of perjury that its financial disclosures are true and complete, with the stated consequences for intentional nondisclosure.

I declare, under the pains and penalty of perjury, that the foregoing, including statements of my income, expenses, assets and liabilities, are true and correct to the best of my knowledge and that I have made a complete and absolute disclosure of all sources of income, all assets, and all liabilities. If it is proven to the Court that I have intentionally failed to disclose all of my income, any asset, or liability, I may lose the asset and may be required to pay the liability.

CRITICAL

Applies to

Agreed matter submission

An agreed matter must be submitted with a signed agreement and other appropriate documents, such as a decree or specified orders; for an agreement reached on the courthouse steps, the Court will accept evidence of the agreement.

LR64-FL00-2900.1 Signed Agreements Required. No agreed matter shall be submitted unless accompanied by a signed agreement, and other appropriate documents, such as a decree, a wage-withholding order, or a Qualified Domestic Relations Order. However, if the parties reach an agreement "on the courthouse steps", then the Court will accept evidence of

CRITICAL

Attach copies of the last two Federal and State income tax returns and five of the most recent payroll stubs.

ATTACH COPIES OF: Last two Federal and State Income Tax Returns Five of your most recent payroll stubs

CRITICAL

Applies to

Report

If the child is not with parents or relatives, every report must identify family members who requested custody and explain specifically why a relative is not being considered.

If the child is not with parents or relatives, all reports shall state what family members have requested custody and specifically why that relative is not being considered.

CRITICAL

Applies to

Stipulation of dismissal

A claim may be dismissed by filing a stipulation signed by all parties to the claim.

Any claim may be dismissed by filing a stipulation of dismissal signed by all parties to the claim.

CRITICAL

Applies to

Personal statement regarding division of property

Provide a brief statement of reasons for seeking a property division other than 50/50, if applicable.

Please provide a brief statement as to your reasons, if there be any, why the Court should divide your property on anything other than a 50/50 basis.

CRITICAL

Applies to

Case plan

The approved case plan must be filed with the Court.

The approved case plan must be filed with the Court.

CRITICAL

Applies to

Oral argument request

A request for oral argument must be made in a separate instrument filed with the pleading to be argued.

When an oral argument is requested, the request shall be made by separate instrument and filed with the pleading to be argued.

CRITICAL

Applies to

Transparenting application

The TransParenting application and fee must be returned to the agency conducting the seminar.

The application and fee must be returned to the agency conducting the seminar.

CRITICAL

Applies to

Damages hearing

At the damages hearing, the parties must tell the Court about any address change that occurred during the action.

At the damages hearing, the parties shall be required to advise the Court of any subsequent change of address during the pendency of the action.

CRITICAL

Applies to

Accounting

Each expenditure in a supervised estate or guardianship accounting must include a notation stating its reason or nature.

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

CRITICAL

Applies to

Withdrawal of appearance

Withdrawals of appearance must comply with Rule 1.16 of the Rules of Professional Conduct.

All withdrawals of appearance shall comply fully with the provisions of Rules of Professional Conduct, Rule 1.16.

CRITICAL

Applies to

Attorney fee request

When requesting attorney fees from the opposing party, other than provisionally, the requesting attorney must submit an appropriate affidavit; the Court may admit it as an exhibit.

2800.1 Affidavits. When attorney fees, except those sought provisionally, are requested from the opposing party, the requesting attorney shall submit an appropriate affidavit, which the Court may admit as an exhibit.

CRITICAL

Applies to

Written acknowledgment

The estate attorney or fiduciary must file the financial institution’s written acknowledgment of the account restriction with the Court.

The attorney for the estate or the fiduciary shall file with the Court written acknowledgment by the federally insured financial institution of the account's restriction.

CRITICAL

Applies to

Financial declaration form

Attach a Child Support Guideline Worksheet to the Financial Declaration Form or exchange one with opposing counsel within 10 days of receiving the other party’s Financial Declaration Form.

You must attach a Child Support Guideline Worksheet to your Financial Declaration Form or one must be exchanged with the opposing party/counsel within 10 days of receipt of the other parties= Financial Declaration Form.

CRITICAL

Applies to

Interrogatory answers or objections

Answers or objections to T.R. 31 or T.R. 33 interrogatories must reproduce each interrogatory in full immediately before the corresponding answer or objection.

Answers or objections to interrogatories under T.R. 31 or T.R. 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objections.

CRITICAL

Applies to

Proposed special findings

Proposed special findings must embrace all facts counsel alleges were proved and the relevant conclusions of law.

In all cases in which the court is required to enter special findings of fact or the parties request the Court to issue special findings of fact, counsel of record shall submit to the court in an electronic format and by hard copy filing Proposed Special Findings embracing all the facts which they allege to have been proved and relevant conclusions of law thereon.

CRITICAL

Applies to

Financial declaration form

List all property, including jointly titled property and property held for you by a third party.

All property is to be listed regardless of whether it is titled in your name only or jointly or if property you own is being held for you in the name of a third party.

CRITICAL

Applies to

Order

The Clerk must retain the original and one copy of every order.

The original and one copy of all orders shall be retained by the Clerk.

CRITICAL

Applies to

Guardian current report

A guardian of the person’s current report must state the incapacitated person’s present residence and general welfare.

Current reports filed by a guardian of the person shall state the present residence and the general welfare of the incapacitated person.

CRITICAL

Applies to

Deed

File copies of the deeds with the Court for its records.

Copies of such deeds shall be filed with the Court for its records.

CRITICAL

Applies to

Guardianship petition

In an adult incapacity guardianship matter, a treating doctor’s Physician’s Report or other evidence required by the Court must be presented with the petition or on the hearing date; no determination will be made without a supporting medical report or testimony.

In all guardianship matters seeking to declare an adult incapacitated by reason of physical or mental illness, a Physician's Report (See Appendix D) by the doctor treating the alleged incapacitated person or such additional evidence as the Court shall require, shall be presented to the Court at the time the petition is filed or on the hearing date. No determination will be made without a supporting medical report or testimony.

CRITICAL

Applies to

Filing

The title of each filing must identify every topic included in it.

Titles on all filings shall delineate each topic included in the filing, e.g. where a filing contains an Answer, a Motion to Strike or Dismiss, and a Jury Request each shall be set forth in the title.

CRITICAL

Applies to

Filing

Parties or their attorneys must tender filings in complete and correct form with proper costs and the number of copies determined by the Clerk.

Parties or their attorneys are solely responsible for tender to the Court of any documents desired to be filed in complete and correct form, together with proper costs and the correct number of copies, as determined by the Clerk.

CRITICAL

Applies to

Interrogatories

Propounding counsel must date and sign the interrogatories as of the service date.

Counsel for the propounder shall date and sign the interrogatories as of the date of service.

CRITICAL

Applies to

Motion

Counsel seeking to withdraw must obtain court permission by filing a motion for leave that fixes a time.

Permission of the Court is required to withdraw the appearance of counsel for a defendant. Counsel desiring to withdraw appearance in any criminal action at any stage of the proceedings shall file a motion requesting leave to do so. Such motion shall fix a time (to be procured from

CRITICAL

Applies to

Intermediate accounting

An intermediate accounting must state why the estate cannot be closed and give an estimated closing date.

(1) Shall state facts showing why the estate cannot be closed and an estimated date of closing.

CRITICAL

Applies to

Written appraisal

A written real-estate appraisal must include the specified property description, appraisal purpose and valuation information, assumptions and conditions, disinterest certification, and appraiser signature.

Such written appraisal shall include as a minimum the following elements: (1) A brief description of the property interest being appraised, including the full legal description thereof. (2) Purpose or objective of the appraisal. (3) Date for which fair market value is determined. (4) Data and reasoning supporting the fair market value. (5) Fair market value determined. (6) Statement of assumptions and special or limiting conditions. (7) Certification of disinterest in real estate. (8) Signature of the appraiser.

CRITICAL

Applies to

Master debt list

The parties must submit a master debt list to the court as a joint exhibit at the Final Pre-Trial Conference.

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

CRITICAL

Applies to

Closing statement

A Clerk’s Certification of payment of Court costs and satisfaction and release of claims must be filed with the Closing Statement.

All Court costs shall be paid and all claims satisfied and released on or before the date of the filing of the Closing Statement and a Clerk's Certification thereof (see Appendix B) shall be filed with the Court at the time such Closing Statement is filed with the Court.

CRITICAL

Applies to

Corporate surety bond

Before letters issue, a fiduciary in an estate or guardianship must file a court-set corporate surety bond, subject to the stated exceptions.

In every estate and guardianship, the fiduciary, prior to the issuance of letters, shall file a corporate surety 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 in such amount as shall be set by the Court, except as hereinafter provided:

CRITICAL

Applies to

Initial petition

An initial petition to open an estate or guardianship must state the individual fiduciary’s name, address, Social Security number, and date of birth.

The initial petition to open an estate or guardianship shall contain the name, address, social security number, and date of birth of the fiduciary, if a person.

CRITICAL

Applies to

Change of plea hearing

At any change-of-plea hearing, the defendant must execute and file both specified forms.

In any Change of Plea Hearing, the Defendant shall execute and file a Waiver of Rights Form and an Acknowledgement of Habitual Vehicle Offender Advisement.

CRITICAL

Applies to

Motion to strike or insert new matter

Subject to T.R. 12(F), motions to insert or strike matter must be written, quote the affected words verbatim, and separately number each specification.

Subject to T.R. 12(F) every motion to insert new matter or to strike out any part of any pleading in a cause shall be made in writing and shall set forth verbatim each set of words to be inserted or stricken. Each set of words to be inserted or stricken shall be designated in a separate specification, numbered consecutively.

CRITICAL

Applies to

Garnishment order

Before a garnishment order may issue, answered interrogatories or other employment verification must be returned, or the garnishee-defendant must have failed to answer interrogatories after notice.

A Garnishment Order shall not issue with respect to a judgment debtor's wages or other property without: (1) an active proceeding supplemental as to the judgment debtor; (2) service on the garnishee-defendant of the proceeding supplemental by: (a) first-class mail, certified mail, or refusal thereof, (b) Sheriff's service, or; (c) private process server; and (3) return of answered interrogatories, other verification of employment by the garnishee-defendant, or failure to answer interrogatories after notice.

CRITICAL

Applies to

Financial disclosure statement

The petitioner or respondent submits a verified financial disclosure statement under the cited local and Indiana Trial Rules.

In accordance with Local Rule 2200.1 of the Porter Superior Court and Indiana Trial Rules 26, 33, 34, 35 and 37, the undersigned, Petitioner or Respondent, hereby submits the following VERIFIED FINANCIAL DISCLOSURE STATEMENT:

CRITICAL

Applies to

Interrogatory answers

The responding party must type answers in the provided space, supply an oath or affirmation, and serve the original and one copy on propounding counsel.

The responding party shall type the requested answers in the space provided, as required by this Rule, shall supply the oath or affirmation, and shall serve the original and one copy upon propounding counsel.

CRITICAL

Applies to

Appearance form

Before electronically filing a pleading in QUEST, the filer must complete an appearance form and file it with the Clerk.

To electronically file a pleading in QUEST, one must first complete an appearance form and file it with the clerk.

CRITICAL

Applies to

Continuance motion

A continuance motion must be written and made by the party or by the party's attorney after the attorney has filed a written appearance.

All motions for continuance must be made in writing by the party or by the party=s attorney who has filed a written appearance on behalf of said party.

CRITICAL

Applies to

Support settlement agreement

A support agreement deviating by at least ten percent from the Guidelines must be presented with a written justification and supporting documents.

If an agreement concerning support contains deviation ten percent (10%) or more from the Guidelines, the parties shall present to the Court a written explanation, with supporting documents, justifying the deviation.

CRITICAL

Applies to

Attorney certification

The attorney certification states that the attorney reviewed the information with the client and signs consistently with the attorney’s Trial Rule 11 obligation.

I have reviewed with my client the foregoing information, including any valuations and attachments, and sign this certificate consistent with my obligation under Trial Rule 11 of the Indiana Rules of Procedure.

CRITICAL

If the case involves child support, provide all family members’ Social Security numbers in a separate confidential attachment using Form TCM-TR3.1-4.

(If yes, supply social security numbers for all family members on a separately attached document filed as confidential information on light green paper. Use Form TCM-TR3.1-4.)

CRITICAL

Applies to

Landlord computation of damages form

Plaintiff must return this form personally or by first class mail to the Clerk=s Office on or before seven (7) calendar days before the scheduled trial.

Plaintiff must return this form personally or by first class mail to the Clerk=s Office on or before seven (7) calendar days before the scheduled trial.

CRITICAL

Applies to

Financial declaration form

Attach the Child Support guideline Worksheet to the Financial Declaration Form or exchange it with the opposing party or counsel within 10 days after receiving their Financial Declaration Form.

You must attach a Child Support guideline Worksheet to your Financial Declaration From or one must be exchanged with the opposing party/counsel within 10 days of receipt of the other parties= Financial Declaration Form.