Putnam County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Petition

A petition must request a provisional hearing before the hearing may be set.

Provisional Hearings shall not be set unless requested by petition.

CRITICAL

Applies to

Receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the court file.

At the time of removal, the party receiving and removing the evidence shall give a detailed receipt to the court reporter, and the receipt will be made part of the court file.

CRITICAL

Applies to

Inventory

An inventory shall be filed by the fiduciary in all estates (within 60 days of opening) and guardianships (within 90 days of hearing).

An inventory shall be filed by the fiduciary in all estates (within 60 days of opening) and guardianships (within 90 days of hearing).

CRITICAL

Applies to

Verified petition

A party seeking a temporary restraining order without a hearing or security must file a verified petition alleging that injury would result without an immediate order.

In an action for dissolution of marriage, separation, or child support, the court may issue a Temporary Restraining Order, without hearing or security, if either party files a verified petition alleging an injury would result to the moving party if no immediate order were issued.

CRITICAL

Applies to

Intermediate account

An intermediate account must explain why the estate cannot be closed, give an estimated closing date, and propose any partial distribution that would not prejudice distributees or claimants.

Such accounting shall comply with the requirements of I.C. 29-1-16-4 and 29-1-16-6 and shall: 1. State facts showing why the estate cannot be closed and an estimated date of closing; and 2. Propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

CRITICAL

Applies to

Inventory

The personal representative must prepare an inventory for inspection as in a supervised estate.

The personal representative shall prepare an inventory for inspection as in a supervised estate.

CRITICAL

Applies to

Quarterly report

The Presiding Judge must submit an electronic quarterly report to all District 19 Judges and Magistrates no more than ten days after each calendar-year quarter ends.

The Presiding Judge shall submit an electronic quarterly report to all District 19 Judges and Magistrates no more than ten (10) days following the end of each quarter of each calendar year.

CRITICAL

Applies to

Withdrawal motion

Counsel must request permission to withdraw by written motion and comply with T.R. 3.1(H), including certifying the party’s last known address and telephone number subject to T.R. 3.1 confidentiality requirements.

Permission to withdraw an appearance by counsel shall be requested by written motion. Permission to withdraw shall be given only after the petitioning attorney has complied with the requirements of T.R. 3.1(H), including a certification of the last known address and telephone number of the party, subject to the confidentiality requirements of T.R. 3.1.

CRITICAL

Applies to

Continuance motion

The continuance motion must report any objections and alternative rescheduling dates.

Such objections and alternative dates shall be reported in the motion for continuance.

CRITICAL

Applies to

Continuance motion

A continuance motion based on a scheduling conflict must identify both cases, the dates their hearings or trials were set, and the type of conflicting proceeding.

A motion for continuance based on a scheduling conflict with another cause shall specify the Court, the case name, the cause number, the date the hearings or trials in both cases were set, and the type of conflicting hearing or trial.

CRITICAL

Applies to

Fee request

When requesting fees above the listed schedule, an attorney must notify the Court of the compensation rate and services provided.

Attorneys are required to notify the Court of the hourly or other rate of compensation and the services provided when requesting fees in excess of the schedule listed above.

CRITICAL

Applies to

Final decree or disposition

The final decree or disposition of a pending matter must state that all counsel of record are deemed withdrawn under Local Rule 67-TR3.1-GEN 3 to authorize the Clerk to withdraw an attorney’s appearance.

Attorneys shall be responsible for providing a statement in the final decree or disposition of any pending matter that all Counsel of record are deemed to have withdrawn pursuant to Local Rule 67-TR3.1-GEN 3 in order to authorize the Clerk to withdraw an attorney’s appearance pursuant to this rule.

CRITICAL

Applies to

Annual report

In every guardianship, the guardian or attorney must prepare and file an annual report with the court.

In all guardianships, an annual report shall be prepared and filed with the court by the guardian or the attorney.

CRITICAL

Applies to

Preliminary or contempt petition

If a preliminary or contempt matter cannot be heard on the regularly scheduled docket, attorneys must say so in the petition.

Attorneys shall advise the Court in the text of any preliminary or contempt petition if the matter cannot be heard on the regularly scheduled docket

CRITICAL

Applies to

Decree or settlement

Each dissolution decree or settlement must contain the specified relocation notice provision.

Each decree/settlement of dissolution of marriage shall contain the following provision: “Neither party shall relocate the residence of any minor child of the parties without first filing a written notice of the party's intent to relocate and serving a copy of the notice on any other party who has been granted rights of visitation or temporary custody pursuant to Ind. Code 31-17-2.2-1 et seq., known as the ‘Relocation Statute’.”

CRITICAL

Applies to

Case management plan

The case management plan must include dates for mediation, the final in-person pretrial, and motions in limine; dispositive motions and replies with time for a hearing before trial; proposed jury instructions; and expert witnesses and disclosures.

The case management plan shall include: i. A mediation date; ii. A Final in-person pretrial date; iii. Filing date for motions in limine; iv. Dispositive motions/replies which allow time to be heard prior to trial; v. Proposed jury instructions; vi. Expert witnesses, disclosure, etc.

CRITICAL

Applies to

Motion petition request

Must include

proposed order

Every motion, petition, and request for Court action must be accompanied by an original proposed order.

All motions, petitions, and requests for action by the Court, must be accompanied by an original proposed order.

CRITICAL

Applies to

Protective order petition

A request for the described protective order must be made by filing a petition under 1C 34-26-5.

If requesting a protective order, which would exclude a party from the residence or any other place and enjoining a party from any contact, pursuant to 31-15-4-1, a petition is to be filed under 1C 34-26-5.

CRITICAL

Applies to

Petition to sell personal property

A petition to sell personal property in a supervised estate or guardianship must include an appraisal, except for public-auction sales or property with readily ascertainable value, such as publicly traded investments.

In supervised estates and guardianships, all petitions to sell personal property shall be accompanied by an appraisal unless the sale is to be conducted by public auction or unless the value is readily ascertainable such as stocks/bonds/other publicly traded investments.

CRITICAL

Applies to

Sanctions motion

A sanctions motion must specify the alleged violation, prior attempts to resolve it, and any other information the moving party considers relevant.

In all cases in which sanctions are requested, the moving party must, in its motion, set forth with specificity what the alleged violation is, what attempts were made to rectify the situation prior to the motion, and anything else the moving party believes relevant.

CRITICAL

Applies to

Preliminary or contempt petition

Attorneys must include an estimate of the time required when more than 15 minutes is necessary.

and shall provide an estimate of the time required in the event that more than 15 minutes is necessary.

CRITICAL

Applies to

Proposed expungement order

Must include

proposed order

When the State dismisses a case or count, including after a successful pretrial deferment, it must file a proposed expungement order at the same time.

Dismissal If case/count is dismissed by State (including successful pretrial deferments), State is required to file a proposed expungement order contemporaneously with dismissal.

CRITICAL

Applies to

Withdrawal motion

The withdrawal petition must include a copy of the client notice, which must explain the effects of failing to secure new counsel and state applicable dates and deadlines.

A copy of the written notice shall be attached to the petition to withdraw. The written notice to the client shall explain the possible effects of failure to secure new counsel and shall set forth any hearing or trial dates and any pleading, discovery, or other pre- trial deadlines.

CRITICAL

Applies to

Order of appointment

The order of appointment must be filed in the court where the case originated.

The order of appointment shall be filed in the court where the case originated.

CRITICAL

Applies to

Proposed order

A proposed order must include a complete distribution list, identify the motion or petition to be decided, and, if a hearing is requested, describe the hearing and state its anticipated length.

Proposed orders shall include a complete distribution list, including all parties, or if represented, their counsel, and all other persons/entities to whom the order should be distributed. All proposed orders shall identify the motion or petition to be ruled on, and, if a hearing is requested, a description of the specific hearing to be set and a statement of the anticipated length of the hearing.

CRITICAL

Applies to

Petition to sell real estate

A petition to sell real estate in a supervised estate or guardianship must be accompanied by a written appraisal.

In supervised estates and guardianships in which real estate is to be sold, a written appraisal shall accompany the petition.

CRITICAL

Applies to

Brief

A brief exceeding 20 pages, excluding its table of contents, table of authorities, and appendices, must include a page-referenced table of contents, a statement of issues, and an alphabetized table of cases, statutes, and other authorities with page references.

Briefs exceeding twenty (20) pages in length (exclusive of any pages containing the table of contents, table of authorities, and appendices) shall contain: 1. a table of contents with page reference; 2. a statement of issues; and 3. a table of cases (alphabetically arranged), statutes, and other authorities cited, with reference to the pages of the brief where they are cited.

CRITICAL

Applies to

Appearance

Counsel for both initiating and responding parties must file a new appearance in any post-dissolution action.

Counsel for initiating and responding parties shall be required to file a new appearance in any post dissolution action.

CRITICAL

Applies to

Petition to open estate or guardianship

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

To facilitate the Court’s determination of the amount of bond to be required in any estate or guardianship, all petitions to open an estate or guardianship shall set forth the probable assets of the estate and the value of such assets, including the value of all personal property plus the estimated annual rents and profits to be derived from the property in the estate or guardianship.

WARNING

Applies to

Reassignment record

The Presiding Judge must maintain a record of each reassigned case’s cause number, certifying judge, and reassigned judge.

During his or her term of service, the Presiding Judge shall maintain a record of the cause number of each case certified for reassignment and appointment of a special judge, the Judge who certified the case, and the Judge to whom the case was reassigned.

WARNING

Applies to

Plea agreement

Tendered plea agreements must be reduced to writing before the hearing.

All tendered plea agreements shall be reduced to writing prior to the hearing.

WARNING

Applies to

Settlement agreement

Each settlement agreement must contain language substantially stating that both parties received and read the Parenting Time Guidelines.

Each Settlement Agreement shall contain language similar to, “each party has received and read a copy of the Indiana Supreme Court Parenting Time Guidelines as Adopted by Putnam County.”

WARNING

Applies to

Written petition

A Senior Judge may elect to participate by submitting a written petition to the Presiding Judge by January 15 of the calendar year.

A Senior Judge may elect to participate in District 19 special judge selection by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year, indicating that the Senior Judge wishes to participate during the year.

WARNING

Applies to

Withdrawal motion

A withdrawal motion filed after other counsel has properly appeared waives the requirements of paragraph (B).

Permission to withdraw an appearance filed subsequent to the proper appearance of other counsel shall constitute a waiver of the requirements of paragraph (B) of this rule.

WARNING

Unrepresented parties must certify to the court that they have read the Guidelines, either in print or online.

Unrepresented parties shall have to certify to the court that he/she has read the Guidelines either in print or online.

WARNING

Applies to

Written petition

A Senior Judge may elect to participate by submitting a written petition to the Presiding Judge by January 15 of the calendar year.

A Senior Judge may elect to participate in special judge selection pursuant to this rule by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year, indicating that the Senior Judge wishes to participate during the year.

WARNING

Applies to

Trial preparation filings

If parties indicate they are requesting the matter be tried, the parties shall file their respective exhibit lists, witness list, any pre-trial motions, and proposed preliminary and final instructions no later than ten days prior to trial.

If parties indicate they are requesting the matter be tried, the parties shall file their respective exhibit lists, witness list, any pre-trial motions, and proposed preliminary and final instructions no later than ten days prior to trial.