Porter County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Minor guardianship petition

In every petition for the appointment of a guardian of the person of a minor child, in addition to the information required by I.C. 29-3-5-1, the following information shall be included in the petition:

In every petition for the appointment of a guardian of the person of a minor child, in addition to the information required by I.C. 29-3-5-1, the following information shall be included in the petition:

CRITICAL

If the case involves an involuntary-commitment petition, provide the individual’s name if not already listed, state of residence, and at least one listed identifying item.

8. If Yes above, provide the following regarding the individual subject to the petition for involuntary commitment: a. Name of the individual subject to the petition for involuntary commitment if it is not already provided in #1 above: b. State of Residence of person subject to petition: c. At least one of the following pieces of identifying information: (i) Date of Birth (ii) Driver’s License Number State where issued Expiration date (iii) State ID number State where issued Expiration date (iv) FBI number (v) Indiana Department of Corrections Number (vi) Social Security Number is available and is being provided in an attached confidential document Yes No

CRITICAL

Applies to

Notice

Notice must comply with all statutory requirements.

The notice shall comply with all statutory requirements.

CRITICAL

Applies to

Proposed order

Proposed orders continuing a matter or enlarging time must leave the new date blank for the Court.

Proposed Orders continuing a matter or granting an enlargement of time shall not set forth the new date but shall leave the date blank for the Court to complete.

CRITICAL

Applies to

Report

When the report relies on professional evaluations, every professional who prepared an evaluation must sign it.

If the description of the incapacitated person's mental, physical and educational condition, adaptive behavior or social skills is based on evaluations by the professionals, all professionals preparing evaluations must sign the report.

CRITICAL

Applies to

Continuance motion

A continuance motion must state in its caption whether it is the second or third such motion.

(3) The Motion shall be captioned to indicate whether it represents a second or third motion for continuance, i.e. Plaintiff’s Third Motion to Continue Jury Trial, etc.

CRITICAL

Applies to

Proposed order

Proposed orders must list the names and addresses of recipients, including at least all parties or their attorneys.

Proposed Orders submitted to the Court shall include a list of the names and addresses of all parties or their attorneys and persons to whom the proposed Order shall be distributed. Such distribution shall include, at a minimum, the names and addresses of all parties to the action, or their respective attorneys.

CRITICAL

Applies to

Petition

A petitioner must file a current driving record with a petition to waive a BMV reinstatement fee to verify proper venue.

Petitioner shall file a current driving record to the Petition to verify proper venue.

CRITICAL

Applies to

Guardian ad litem fee affidavit or motion

If additional fees are needed to bring fees current or cover anticipated work or an appearance, the Guardian Ad Litem must file a fee affidavit or motion with the Court.

The Guardian Ad Litem shall file a fee affidavit or motion with the Court if the Guardian Ad Litem needs additional fees to bring the fees current or to cover fees anticipated for the completion of the investigation, preparation of the report or appearance in court.

CRITICAL

Applies to

Written summary

Within ten days after paying the retainer, the parties must provide the GAL with a written summary of their positions on pending issues and their requests.

That the parties are hereby directed to provide to the GAL, within ten (10) days of the payment of the retainer, a written summary of their position on the issues pending before this court, and their requests of the GAL.

CRITICAL

Applies to

Withdrawal letter

A withdrawal letter must warn the client about possible dismissal or default and include pertinent information such as scheduled hearing or trial dates.

The letter of withdrawal shall explain to the client that failure to secure new counsel may result in dismissal of the client's case or a default judgment may be entered against the client, whichever is appropriate, and other pertinent information such as any scheduled hearing date or trial date.

CRITICAL

Applies to

Proposed order

Proposed forms of order must be submitted in enough copies for distribution to all parties.

All proposed forms of order shall be submitted in sufficient number that distribution may be made to all parties.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must specifically identify the names and addresses of the attorneys, parties, or other persons served.

The Certificate of Service as required by Trial Rule 5 of the Indiana Rules of Trial Procedure shall specifically set forth the name and addresses of the attorney(s), party(ies) or other persons to whom the document has been sent.

CRITICAL

Applies to

Proposed order

If counsel disputes approval of an order’s form or believes unauthorized additions are being attempted, either attorney may submit a proposed order to the Court with a written explanation of the dispute attached.

LR64-FL00-2600.2 Additions. If the preparing attorney believes the receiving attorney is unreasonably withholding approval as to the form of order, or if either attorney believes the other is attempting to make additions not addressed by the Court, either may submit a proposed form of order to the Court, and shall attach thereto a written explanation of the dispute.

CRITICAL

Applies to

Financial declaration

The financial declaration includes a verification under penalty of perjury affirming the truth and completeness of disclosures and acknowledging potential consequences for intentional nondisclosure.

I declare, under the penalties of perjury, that the foregoing, including any valuations and attachments, is true and correct and that I have made a complete and absolute disclosure of all my assets and liabilities. Furthermore, I understand that if, in the future, it is proved to this Court that I have intentionally failed to disclose any asset or liability, I may lose the asset and be required to pay the liability. Finally, I acknowledge that sanctions may be imposed against me, including reasonable attorney=s fees and expenses incurred in the investigation, preparation and prosecution of any claim or action that proves my failure to disclose assets or liabilities.

CRITICAL

Applies to

Pretrial order

If all counsel do not execute the pre-trial order, each must file a written statement explaining why, accompanied by a proposed pre-trial order, no later than five days before the conference.

When, for any reason, the pre-trial order is not executed by all counsel, each shall file not later than five (5) days prior to the pre-trial conference a written statement of the reason therefore accompanied by a proposed pre-trial order.

CRITICAL

Applies to

Motion

The original motion must state its grounds and requested relief and include a supporting memorandum; it may also be supported by an affidavit.

The original shall state the grounds upon which the motion is made and set forth the relief or order sought. It may be supported by an affidavit. It shall be accompanied by a memorandum in support thereof.

CRITICAL

Applies to

Child support guidelines worksheet

The worksheets must be promptly supplemented if changes occur before resolution.

The worksheet(s) shall be promptly supplemented if any changes occur prior to resolution.

CRITICAL

Applies to

Pleading

Every pleading filed in an estate or guardianship must be signed and verified by the fiduciary and signed by the fiduciary’s attorney.

Every pleading, including inventories, petitions, and accountings, filed in an estate or guardianship shall be signed and verified by the fiduciary and signed by the attorney for the fiduciary.

CRITICAL

Applies to

Defendant criminal history

When a new infraction, misdemeanor, or felony case is filed, the State must file the Defendant’s complete and accurate criminal history using an authorized form; for infractions, only the driving record is provided.

At the time of the filing of a new infraction, misdemeanor or felony case, the State shall file on green paper to be kept in the red confidential file, a complete and accurate criminal history of the Defendant using the NCIC, MCF or other form developed by the prosecutor or directed by the courts. If used, the NCIC shall indicate any history of convictions. In infraction matters, only the driving record of the Defendant shall be provided as the criminal history.

CRITICAL

Applies to

Filing

All filings must comply with the Indiana Rules of Trial Procedure.

All filings shall be prepared in accordance with the provisions of the Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Chronological case summary entry

Attorneys must assist the Court in preparing accurate and prompt Chronological Case Summary entries.

Indiana Trial Rule 77(B) requires that attorneys assist the Court in preparing an accurate and prompt entry into the Chronological Case Summary.

CRITICAL

Applies to

Appearance form

An Appearance Form must be filed for every party in a civil case.

This Appearance Form must be filed on behalf of every party in a civil case.

CRITICAL

Applies to

Accounting

An individual fiduciary may not submit an affidavit in place of vouchers or canceled checks.

No affidavits in lieu of vouchers or canceled checks will be accepted from individual fiduciaries.

CRITICAL

Applies to

Small claims filing

Small claims must be filed on forms furnished by the Clerk.

All small claims shall be filed on forms furnished by the Clerk of the Court.

CRITICAL

Applies to

Proposed chronological case summary entry

The Court will reject an inaccurate proposed entry submitted for the Chronological Case Summary.

The Court shall reject any inaccurate submitted proposed entry.

CRITICAL

The marital bills, debts, and obligations section must list all bills, debts, and obligations regardless of whose name they are in, except monthly expenses paid in full each month.

XII. MARITAL BILLS, DEBTS, AND OBLIGATIONS (list every single bill, debt and obligation regardless of whether the bill is titled in your name, your spouse=s name, or jointly. Please include all mortgages, 2nd mortgages, home equity loans, charge cards, other loans, credit union loans, car payments, and unpaid medical bills, etc. Do not include monthly expenses such as utilities that are paid in full every month.)

CRITICAL

Applies to

Routine or uncontested entry

Routine or uncontested entries, including entries setting or continuing a hearing, must use an entry form only and state the concise substance of the entry.

Entries, either routine in nature or uncontested including, for example, those setting or continuing a hearing, shall be set out on an entry form only, which shall contain the concise substance of the entry.

CRITICAL

Applies to

Case management order

The Court must enter a case management order no sooner than 120 days after the complaint is filed, setting out the specified schedules, deadlines, formats, and other matters.

At the conclusion of the case management conference, or if the Court chooses not to hold a case management conference, no sooner than 120 days after the filing of the complaint, the Court shall enter a case management order setting forth: (1) a time limit for completion of discovery; (2) a time limit for filing all pre-trial dispositive motions; (3) the scheduling of a pre-trial conference; (4) time limits for filing, and the format of proposed preliminary and final jury instructions and objections thereto; (5) time limit(s) for filing Motions in Limine; (6) time limit(s) for completion of Alternative Dispute Resolution (ADR) and filing of any report required by the ADR rules; and (7) any other matters which the parties or the Court have seen fit to address.

CRITICAL

Applies to

Address change notice

Parties must advise the Court in writing of any change of address.

The parties are solely responsible to advise the Court in writing of any change of address.

CRITICAL

Applies to

Pretrial order

Counsel for the first named defendant must prepare the pre-trial order, obtain execution by all parties’ counsel, and include the 13 specified items in the required sequence.

Counsel for the first named defendant shall prepare a pre-trial order, which shall be executed by counsel for all parties and filed not later than five (5) days prior to the pre-trial conference. The pre-trial order shall set forth in the following sequence: (1) the jurisdiction of the Court; (2) the pleadings raising the issues; (3) a list of motions or other matters requiring action by the Court; (4) a concise statement of stipulated facts, with reservations, if any; (5) a concise statement of issues of fact which remain to be litigated; (6) a concise statement of issues of law which remain for determination by the Court; (7) the plaintiff's contentions; (8) the defendant's contentions; (9) the plaintiff's numbered list of trial exhibits; (10) the defendant's numbered list of trial exhibits; (11) the plaintiff's numbered list of trial witnesses, with addresses. Expert witnesses shall be so designated; (12) the defendant's numbered list of trial witnesses, with addresses. Expert witnesses shall be so designated; and (13) the estimated length of trial.

CRITICAL

Applies to

Continuance or enlargement motion

The title of each continuance or enlargement motion must identify its sequence number.

All motions for continuance or enlargement of time shall denominate in the title of such motion whether it is the first, second, third, etc motion for continuance or enlargement of time; e.g. Defendant’s Second Motion for Continuance of Mandatory Disposition Conference.

CRITICAL

Applies to

Withdrawal of appearance

Moving counsel must file satisfactory evidence of written notice to the client, and the notice must state the next scheduled calendar setting; the requirement is waived when substitute counsel appears.

Moving counsel shall also file with the Court satisfactory evidence of at least ten (10) days written notice of such hearing to the attorney=s client. Further, the notice to the client shall also contain notice of the next scheduled calendar setting in the cause. A withdrawal of appearance, when accompanied by the appearance of other counsel, shall constitute a waiver of this requirement.

CRITICAL

Applies to

Facsimile transmission

The sending party must keep and maintain the transmission log required by Indiana Supreme Court Administrative Rule 12(B)(3) and (4).

The sending party must keep and maintain the transmission log required by Indiana Supreme Court Administrative Rule 12(B)(3) and (4).

CRITICAL

Applies to

Receipt

When removing exhibits or other materials, the removing party must leave a detailed receipt with the court reporter and file it with the case.

At the time of removal, a detailed receipt shall be left with the court reporter and filed with the cause.

CRITICAL

Applies to

Filing

Must include

caption, case number

Every filing must include the Court's name, action title, and file or cause number, and leave a two-inch-square space for file marking.

Every filing shall contain a caption setting forth the name of the Court, the title of the action and the file or cause number. A space two inches (2") square shall be left open for purposes of file marking each filing.

CRITICAL

Applies to

Financial declaration form

The Form must be supplemented if additional material becomes available.

Additionally, pursuant to Trial Rule 26(E)(2) and (3), the Form shall be supplemented if additional material becomes available.

CRITICAL

Applies to

Appraisal

An appraisal must be exchanged once it has been obtained.

However, once an appraisal is obtained, it must be exchanged.

CRITICAL

Applies to

Attorney fee request

A party requesting attorney fees under a written agreement must file a copy of the agreement with the Court.

In the event attorney fees are requested pursuant to a written agreement a copy of said agreement shall be filed with the Court.

CRITICAL

Applies to

Verified pleading or document

For a verified pleading or document requiring a person's signature, the QUEST name imprint satisfies the requirement, but the attorney must keep the original signed paper copy in the attorney's office.

Where a person=s signature is required on a verified pleading or document, the QUEST imprint of the name will satisfy the requirement; however, the attorney is required to maintain an original, signed paper copy in his office.

CRITICAL

Applies to

Notice of claim

Every account case must include an Affidavit of Debt with the Notice of Claim.

In every case on an account, an Affidavit of Debt required by Indiana Small Claims Rule 2(B) shall be filed with the Notice of Claim.

CRITICAL

Applies to

Private practice agreement

If a court reporter uses court equipment, workspace, or supplies for private practice with the court’s agreement, the court and reporter must enter a written agreement specifying the rates, 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 deposition 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 equipment for such purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: (a) The reasonable market rate for the use of equipment, work space and supplies; (b) The method by which records are to be kept for the use of equipment, work space and supplies; and (c) 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

Fee petition

A petition requesting extraordinary fees must describe the services rendered specifically.

Fee petitions requesting extraordinary fees must set forth services rendered with specificity.

CRITICAL

Applies to

Motion to dissolve bankruptcy stay

A motion to dissolve a bankruptcy stay based on dismissal must include the bankruptcy court's dismissal order.

A Motion to Dissolve Bankruptcy Stay on account of dismissal of a bankruptcy must include the Order from the United States Bankruptcy Court showing dismissal.

CRITICAL

Applies to

Supplemental report

Provide evidence of the decree's recording to the Court with the Supplemental Report.

evidence of said recording shall be provided to the Court with the Supplemental Report.

CRITICAL

Applies to

Jury trial request

A defendant may request a jury trial by written request to the court no fewer than ten days after receiving the Notice of Claim.

Any Defendant may request a jury trial by submitting a written request to the court no fewer than ten (10) days after receipt of the Notice of Claim.

CRITICAL

Applies to

Notice

When publication or written mail notice is required, the attorney must prepare the notice.

Whenever notice by publication and/or written notice by U.S. mail is required to be given, the attorney shall prepare such notice

CRITICAL

Applies to

Physician report

The physician's report form asks the physician to address the person's disability, condition, decision-making capacity, appropriate living or treatment arrangements, and ability to appear in court without injury.

PHYSICIAN'S REPORT , a physician licensed to practice medicine in the State of Indiana, submits the following report on , alleged incapacitated person, based on an examination of said person on the day of , 20 . 1. Describe the nature and type of the incapacitated person's disability: 2. Describe the incapacitated person's mental and physical condition; and, when it is appropriate, describe educational condition, adaptive behavior and social skills: 3. State whether, in your opinion, the incapacitated person is totally or only partially incapable of making personal and financial decisions; and, if the latter, the kinds of decisions which the incapacitated person can and cannot make. Include the reason for this opinion. 4. What, in your opinion, is the most appropriate living arrangement for the incapacitated person; and, if applicable, describe the most appropriate treatment or rehabilitation plan. Include the reasons for your opinion. 5. Can the incapacitated person appear in court without injury to his/her health? (yes/no) If the answer is no, explain the medical reasons for your answer.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be in writing and requires the Court's permission.

All withdrawals of appearances shall be in writing and by leave of Court.

CRITICAL

Applies to

Final decree

When a final decree reflects that real estate vested in heirs or beneficiaries, record the decree with the recorder of the county where the real estate is located.

Whenever a final decree reflects that real estate has vested in heirs or beneficiaries, the decree shall be recorded with the recorder of the county where any such real estate is located