Porter County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

A writ of body attachment expires 180 days after it is issued.

A writ of body attachment expires 180 days after its issuance.

CRITICAL

A party must obtain a cause number from the Clerk before creating a new case in the court computer system.

Prior to creating a new case in the court computer system (AQuest@) a party must obtain a cause number from the Clerk of the Court.

CRITICAL

Evaluations supporting the report must have been performed within three months of the petition filing date.

Evaluations on which the report is based must have been performed within three (3) months of the date of the filing of the petition.

CRITICAL

E-filed documents are deemed filed when received by the Clerk, or at the next regular filing time if received while the Clerk's office is closed; the system timestamp is presumed to show receipt time.

Documents filed through the E-filing system are deemed filed when received by the Clerk=s office, except that Documents received at times that the Clerk=s office is closed shall be deemed filed the next regular time when the Clerk=s office is open for filing. The time stamp issued by the E-filing system shall be presumed to be the time the Document is received by the Clerk.

CRITICAL

Issuance of a cause number is not a filing and does not toll a statute of limitations or other time limit.

Issuance of a cause number does not constitute a filing and will not toll any statute of limitations or other time limitation.

WARNING

Documents may be e-filed while the Clerk's office is open to receive filings, or at other times the Clerk designates and publicly posts.

Documents may be filed through an E-filing system at any time that the Clerk=s office is open to receive the filing or at such other times as may be designated by the Clerk and posted publicly.

WARNING

When appropriate, a judgment creditor or attorney must timely seek recall of a bench warrant or body attachment.

A judgment creditor or attorney must timely seek to have a bench warrant or body attachment recalled, when appropriate.

WARNING

The sender is responsible for document legibility and timely filing.

Legibility of documents and timeliness of filing is the responsibility of the sender.

CRITICAL

Proposed preliminary and final jury instructions must be filed and served at least seven days before trial, but instructions on issues that could not reasonably have been anticipated may be submitted during trial.

Proposed preliminary and final jury instructions shall be filed and served no later than seven (7) days prior to trial. Instructions covering issues arising at trial which could not reasonably be anticipated may be submitted during the trial.

CRITICAL

Applies to

Reply brief

A moving party that wishes to file a reply brief or memorandum must do so within 5 days after service of the response, brief, or memorandum.

If the moving party desires to file a reply brief or memorandum, that party must do so within five (5) days of service of the response, brief or memorandum.

CRITICAL

Five months and fifteen days after the first published notice to creditors, the fiduciary or the fiduciary's attorney must examine the Claim Docket and allow or disallow each claim against the estate.

Five (5) months and fifteen (15) days after the date of the first published notice to creditors, the fiduciary, or the fiduciary's attorney, shall examine the Claim Docket and shall allow or disallow each claim filed against the estate.

CRITICAL

Applies to

Proof of notice

Proof of notice must be filed as soon as practicable after service is made.

Proof of Notice of any hearing required to be served by the caseworker or probation worker shall be filed with the Court as soon as practicable after service has been made.

CRITICAL

Applies to

Appraisal

For a supervised estate or guardianship real-estate sale, file the written appraisal with the Petition for Sale unless it was filed with the Inventory.

In all supervised estates and guardianships in which real estate is to be sold, a written professional appraisal shall be filed with the Court at the time of filing the Petition for Sale unless such appraisal was filed with the Inventory.

CRITICAL

If the Indiana Child Support Guideline Worksheet is not attached initially, it may be supplemented within ten days of 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

Moving counsel must give the client written notice at least 10 days before the hearing, include the next scheduled calendar setting, and file satisfactory evidence of notice; the requirement is waived if substitute counsel appears with the withdrawal.

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

The GAL must submit a written report to the Court no later than ten days before a final hearing on issues relevant to the children.

That the GAL shall submit a written report to the Court no later than ten (10) days prior to any final hearing on issues, as set forth above, relevant to the children.

CRITICAL

Either attorney has seven days to respond before the Court enters an order.

Either attorney shall have seven (7) days to respond before the Court enters any order.

CRITICAL

If all counsel do not execute the pre-trial order, each must file the required statement and proposed 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

A motion for proceedings supplemental may not be filed until 30 calendar days after judgment unless the Court orders otherwise for good cause shown.

A motion for proceedings supplemental may not be filed until thirty (30) calendar days have elapsed since the date of judgment except by order of the Court for good cause shown.

CRITICAL

Applies to

Intermediate accounting

If an estate cannot be closed within one year, file an intermediate accounting within 30 days after that year expires and within 30 days after each succeeding year expires.

Whenever an estate cannot be closed within one (l) year, an intermediate accounting shall be filed with the Court within thirty (30) days after the expiration of one year and each succeeding year thereafter.

CRITICAL

Court costs must be paid and claims satisfied and released before the Final Account hearing; a Clerk’s Certification 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

Child support worksheet

A completed child support worksheet must be filed at least 3 days before the initial hearing.

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

Appraisal

All such appraisals shall be made within one year of the date of the Petition for Sale.

All such appraisals shall be made within one year of the date of the Petition for Sale.

CRITICAL

Applies to

Inventory

An inventory for a permanent guardianship must be filed within 90 days of the fiduciary’s appointment.

Guardianships, within ninety (90) days for permanent guardians

CRITICAL

A motion for enlargement under this rule must be filed by the original due date.

The motion must be filed on or before the original due date or this rule shall be inapplicable.

CRITICAL

Applies to

Proposed special findings

Proposed special findings must be submitted within the time directed by the Court.

Such form of Proposed Special Findings shall be submitted to the court, pursuant to Trial Rule 52 (C), and shall be submitted within such time as the court shall direct.

CRITICAL

Applies to

Inventory

An inventory for a temporary guardianship must be filed within 30 days of the fiduciary’s appointment.

within thirty (30) days for temporary guardians.

CRITICAL

Applies to

Pre trial motion

Pre-trial motions must be submitted seven days before the pre-trial conference.

Any pre-trial motions must be submitted in writing seven (7) days prior to the pre-trial conference.

CRITICAL

The filing-fee difference must be paid within ten days after the jury request is granted, or the Court may deny the request.

Within ten (10) days after the jury request has been granted, the requesting party shall pay the Clerk the difference between the small claims and plenary docket filing fee. If not timely filed, the Court may deny the request for jury trial.

CRITICAL

File receipts or canceled checks for all final distributions before the Court grants 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

Opposition brief

An opposing party that wishes to file a brief or memorandum must do so within 10 days after service of the movant’s brief or memorandum.

If the opposing party desires to file a brief or memorandum, that party must do so within ten (10) days of service of the movant's brief or memorandum.

CRITICAL

A withdrawal request must be filed at least 30 days before a scheduled hearing, unless the Court determines good cause exists.

The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court not less than 30 days prior to any scheduled hearing, except for good cause shown as determined by the Court.

CRITICAL

Applies to

Deed

Submit the deed with the Report of Sale of Real Estate or at the hearing on the Final Account.

All such deeds shall be submitted with the Report of Sale of Real Estate or at the time of the hearing on the Final Account.

CRITICAL

Applies to

Inventory

An inventory for a supervised or unsupervised estate must be filed within 60 days of the fiduciary’s appointment.

Estates (supervised and unsupervised), within sixty (60) days;

CRITICAL

Deadline

7 calendar days

The form is due at the Clerk's Office no later than seven calendar days before the scheduled trial and may be returned personally or by first-class mail.

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

The landlord must file the Landlord Computation of Damages Form at least seven days before 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

Each party must prepare and exchange a Financial Declaration Form within 45 days of the initial filing.

In all family law matters, including dissolutions, separations, post-decree and support proceedings, each party shall prepare and exchange, respectively, within 45 days of the initial filing of the action or within 30 days of the filing of any post-decree matters, a Financial Declaration Form (see Appendix B and C).

CRITICAL

Present the treating doctor’s Physician’s Report or other evidence required by the Court when filing the petition or on the hearing date.

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.

CRITICAL

The pre-trial order must be filed no later than five days before the pre-trial conference.

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.

CRITICAL

Applies to

Appraisal

All appraisals shall be made within one year of the date of the Petition to Sell.

All appraisals shall be made within one year of the date of the Petition to Sell.

CRITICAL

The detailed receipt must be filed with the case at the time the materials are removed.

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

CRITICAL

In criminal prosecutions scheduled for jury trial, the plea-agreement deadline must be at least 13 days before trial, and later-filed agreements will not be accepted absent just cause.

In all criminal prosecutions scheduled for trial by jury the plea agreement deadline date shall be not less than thirteen days before trial. The Court shall not accept any plea agreements filed after this date, except for just cause shown.

CRITICAL

Memoranda of law addressing unusual legal questions must be filed no later than seven days before trial.

Memoranda of law, addressing any unusual questions of law, shall be filed and served no later than seven (7) days prior to trial.

CRITICAL

Attach the required tax-payment documentation to the Final Report when it is filed.

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

A motion to reconsider must be filed within 15 days of the ruling it addresses.

A motion to reconsider must be filed within fifteen (15) days of the ruling said motion addresses.

CRITICAL

Court costs must be paid and claims satisfied and released by the date the Closing Statement is filed; the Clerk’s Certification must be filed at the same time.

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

A defendant's written jury-trial request may be made no fewer than ten days after receipt of 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

A complete inventory of estate assets must be filed with the Court within 60 days after the fiduciary is appointed.

A complete inventory of estate assets shall be filed with the Court within sixty (60) days of the appointment of the fiduciary.

CRITICAL

All reports required to be filed with the Court or are filed with the Court shall be filed at least 10 days prior to the hearing and shall promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer and attorneys.

All reports required to be filed with the Court or are filed with the Court shall be filed at least 10 days prior to the hearing and shall promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer and attorneys.

WARNING

A guardian or the guardian’s attorney may petition for fees when filing an inventory, but may not file another fee petition until a biennial, annual, or final accounting has been filed.

A guardian or guardian's attorney may petition for fees at the time of filing an inventory. No further petition for fees may be filed until a biennial, annual, or final accounting has been filed.