Porter County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Motion for enlargement of time

A motion for enlargement under this rule must state the response’s original due date and the date to which the time is enlarged.

Any motion filed pursuant to this Rule shall state the date when such response is due and the date to which time is enlarged.

CRITICAL

Applies to

Subsequent inventory

If a partial inventory is filed, every subsequent inventory must recapitulate prior inventories.

In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of prior inventories.

CRITICAL

Applies to

Order

Attorneys must prepare orders for all proceedings unless the Court expressly directs otherwise.

All attorneys are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.

CRITICAL

Applies to

Supervised estate or guardianship accounting

File vouchers or canceled checks supporting claimed expenditures with every supervised estate or guardianship accounting.

In all supervised estate and guardianship accountings, vouchers or canceled checks for the expenditures claimed shall be filed with the accounting.

CRITICAL

Applies to

Payment accounting

Counsel must file an accounting of judgment payments received, excluding payments made through the Clerk, together with the balance due.

Counsel has filed an accounting of all payments on judgments received exclusive of payments made through the Clerk, together with a balance due on the account;

WARNING

Applies to

Plea agreement

If the Court requires it, a plea agreement addressing a probation-revocation petition or addendum must include a signature line for the assigned probation officer to indicate review, but need not indicate approval.

If the Court shall so require, any plea agreement submitted to the court which addresses a Petition for Revocation of Probation and/or an Addendum shall contain a signature line for the assigned probation officer to execute or initial, indicating that the probation officer has read and reviewed the proposed filing. The language need not indicate whether the probation officer “approves” the agreement.

WARNING

Applies to

Withdrawal of appearance

If other counsel appears with the withdrawal, the requirements of the withdrawal rule are waived.

A withdrawal of appearance when accompanied by the appearance of other counsel shall constitute a waiver of the requirements of this Rule.

WARNING

Applies to

Electronically filed document

A document filed using a valid user name and password is presumed signed and authorized by the person to whom those credentials were issued.

Documents filed through the E-filing system by use of a valid user name and password are presumed to have been signed and authorized by the User to whom that user name and password have been issued.

WARNING

Applies to

Chronological case summary entry

The date of a Chronological Case Summary notation should be the date it is made, not the date it reaches the Clerk’s Office.

The date of every notation in the Chronological Case Summary should be the date the notation is made, regardless of the date the notation was received in the Clerk’s Office.

WARNING

Applies to

Accounting

The Court may require the institution to provide an Internal Audit Department certification verifying the accounting’s accuracy.

The Court may require such institution to provide a certification from its Internal Audit Department verifying the accuracy of the accounting.

WARNING

Applies to

Waiver and consent

For a request for fees exceeding the Guidelines based on extraordinary circumstances, affected parties are advised to sign a non-pro-forma waiver and consent substantially in the form shown, or fees should be determined only after notice and a hearing.

When an attorney reasonably believes that extraordinary circumstances exist and requests fees that exceed the Guidelines, it is suggested that all affected parties either sign a waiver and consent, or the fees be determined only after notice to the affected parties and hearing on the petition. The waiver and consent should not be merely a pro forma waiver and consent, but should be in substantially the following form: IMPORTANT: PLEASE READ BEFORE SIGNING! WAIVER AND CONSENT The undersigned, an interested party in the Estate of , understands that: A. The maximum fee ordinarily allowed by the Court for legal services in this estate would amount to $ . B. The attorney has requested fees in the amount of $ , alleging that extraordinary and unusual services have been performed. The undersigned, being fully advised, now consents to the allowance of the requested fee, waives any notice of hearing on the Petition and requests that the Court allow fees in the amount of $ .

WARNING

Applies to

Waiver and consent

If all interested parties sign a waiver and consent stating that they were advised the additional fee request exceeds the Court's guidelines and that the detailed services are extraordinary, the Court may waive the hearing requirement.

If all interested parties sign a waiver and consent stating that they have been advised the additional fee request exceeds the Court's guidelines and that the services as detailed are extraordinary, the Court may not require a hearing.

WARNING

If there are related cases, list them on a continuation page.

9. There are related cases: Yes No (If yes, list on continuation page.)

WARNING

Applies to

Financial declaration form

The Form need not be exchanged in a post-decree proceeding concerning issues without financial implications.

the proceeding is post-decree and concerns issues without financial implications.

WARNING

Applies to

Financial declaration form

The Form need not be exchanged when service is by publication and there is no response.

the proceeding is one in which the service is by publication and there is no response

WARNING

Applies to

Writ reissuance request

An expired writ may be reissued on a written request reaffirming the original allegations and accompanied by an updated supporting affidavit.

An expired writ may be reissued upon written request referencing and reaffirming the allegations contained in the original request, accompanied by an updated Affidavit In Support of Bench Warrant.

WARNING

Applies to

Hearing request

A party may request a hearing on a motion to correct error by filing a written request as a separate instrument before the court rules, but whether to hold a hearing is within the judge’s discretion.

Any party may request a hearing upon a motion to correct error by filing a written request therefore by separate instrument at any time before the Court has ruled upon such motion. It shall be discretionary with the Judge before whom the cause is pending whether a hearing shall be held on such motion to correct error.

WARNING

Applies to

Financial declaration form

The parties need not exchange the Form if they agree in writing within 30 days of the initial filing to waive the exchange.

the parties agree in writing within 30 days of the initial filing to waive exchange

WARNING

Applies to

Financial declaration form

the parties have executed a written agreement which settles all financial issues

the parties have executed a written agreement which settles all financial issues

WARNING

Applies to

Corporate surety bond

In an unsupervised estate, the Court may set the bond at its discretion.

In an unsupervised estate, bond may be set at the discretion of the Court.

WARNING

If there are other party members, list them on a continuation page.

11. There are other party members: Yes No (If yes, list on continuation page.)

WARNING

Applies to

Employment history

Attach an additional sheet for the employment history if necessary.

B. EMPLOYMENT HISTORY FOR LAST 5 YEARS (Attach additional sheet if necessary)

WARNING

Applies to

Financial declaration form

Complete section B on a separate sheet for each additional parcel of real estate owned.

B. OTHER REAL PROPERTY (Complete B, on a separate sheet of paper for each additional parcel of real estate owned, etc).

WARNING

Applies to

Accounting

A state- or federally chartered financial institution serving as fiduciary may provide an affidavit instead of vouchers or canceled checks if it retains them and makes them available to interested persons.

An affidavit in lieu of vouchers or canceled checks may be accepted from a state or federally chartered financial institution who serves as a fiduciary, provided the financial institution retains the vouchers or canceled checks on file or by electronic recording device and makes same available to interested

WARNING

Applies to

Alternative counseling verification

An equivalent counseling program may replace the seminar if a third party provides satisfactory written verification that the program's specific issues were addressed in another forum.

An equivalent counseling program may be substituted for the seminar if satisfactory written verification is provided to the Court by a third party indicating that the specific issues covered in the TransParenting program have been addressed in another forum through professional or pastoral counseling, mediation or other similar educational program.

WARNING

Applies to

Monthly service provider report

Monthly service-provider reports must explain why services should continue and whether less costly services are available.

The monthly reports shall among other things state specifically why the service should continue and whether or not there are less costly services that can be provided by the service provider or some other service provider.

WARNING

Items marked with an asterisk must be itemized at the bottom of the page.

* Itemize at bottom of page

WARNING

No bond is required in a supervised estate or guardianship when a legally qualified corporate banking fiduciary serves as fiduciary or co-fiduciary.

No bond shall be required in any supervised estate or guardianship in which a corporate banking fiduciary qualified by law to serve as such is either the fiduciary or one of several co-fiduciaries.

WARNING

Applies to

Pleading

When an attorney's signature is required on a pleading, the attorney's QUEST name imprint satisfies the signature requirement.

Where an attorney=s signature is required on a pleading, the QUEST imprint of attorney=s name on the pleading will satisfy said requirement.

WARNING

Applies to

Corporate surety bond

Upon a written request by the heirs or legatees for the fiduciary to serve without bond, the bond may be limited to an amount adequate to protect creditors and taxing authorities.

Where the heirs or legatees have filed a written request that the fiduciary serve without bond, the bond may be set in the amount adequate to protect the rights of the creditors and taxing authorities only.

WARNING

Applies to

Financial declaration form

The Form need not be exchanged when the proceeding is merely at a provisional or emergency relief stage.

the proceeding is merely at a provisional or emergency relief stage

WARNING

Applies to

Restricted account or document

Instead of a bond, a fiduciary may restrict transfer of liquid assets at a federally insured institution using the specified account or document wording.

In lieu of a bond as required by Section 5200.10 of this Rule, a fiduciary may restrict transfer of all or part of the liquid assets of the estate or guardianship by placing those assets in a federally-insured financial institution with the following restriction placed on the face of the account or document: NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF THE CIRCUIT OR SUPERIOR COURT OF PORTER COUNTY, INDIANA.

WARNING

Applies to

Corporate surety bond

If the fiduciary is an heir or legatee, the bond may be reduced by the fiduciary’s share of the estate.

Where the fiduciary is an heir or legatee of the estate, the bond may be reduced by said fiduciary's share of the estate.

WARNING

Applies to

Petition

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

Parties may seek access to 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

Financial declaration form

Further, this Financial Declaration Form is considered as a Request for Admissions to the recipient under Trial Rule 35 and should the recipient fail to fully prepare and exchange this statement then the Court may prohibit the party who did not properly complete the Financial Declaration Form from introducing any evidence at any hearing to contradict the evidence of the other party on the issues of income, expenses, assets and liabilities.

Further, this Financial Declaration Form is considered as a Request for Admissions to the recipient under Trial Rule 35 and should the recipient fail to fully prepare and exchange this statement then the Court may prohibit the party who did not properly complete the Financial Declaration Form from introducing any evidence at any hearing to contradict the evidence of the other party on the issues of income, expenses, assets and liabilities.

INFO

Applies to

Financial declaration form

Appraisals of real estate, pensions, or the specified personal property are not required.

Appraisals of real estate and pensions, or of personal property such as jewelry, antiques or special collections (stamps, coins or guns, for example), are not required.

INFO

Applies to

Appraisal

The personal-property appraisal rule does not apply to property sold at public auction.

This rule shall not apply to personal property which is sold at public auction.

INFO

Applies to

Appraisal

No written appraisal is required to sell market-traded assets whose value is readily ascertainable, including the listed examples.

No written appraisal shall be required for the sale of assets which are traded in a market and the value of which is readily ascertainable. Such assets include, but are not limited to, stocks, bonds, mutual funds, commodities, and precious metals.

INFO

Applies to

Financial declaration form

Household furnishings and household goods, including items such as pots and pans, need not be itemized.

Household furnishings and household goods such as pots and pans need not be itemized.

INFO

Applies to

Appraisal

The Court may order an appraisal and designate the appraiser.

Moreover, the Court may direct that an appraisal be obtained, and may designate the appraiser.