Ripley County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Child support income withholding order

In Domestic Relations cases that call for child support, parties must submit a Child Support Income Withholding Order.

Parties in Domestic Relations cases, (Domestic Relations with Children, Domestic Relations without Children), shall submit proposed Dissolution Decree and, in all cases calling for child support, a Child Support Income Withholding Order.

CRITICAL

Applies to

Motion for hearing trial or continuance

A motion for hearing, trial, or continuance must state the estimated court time required for the hearing or trial.

The A motion for hearing, trial or continuance shall contain a statement estimating how much court time will be required for the hearing or trial.

CRITICAL

Applies to

Final hearing

A final hearing will not be scheduled until both parents’ completion certificates are on file with the Court.

No final hearing will be scheduled until both certificates are on file with the Court.

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

When the Court retains continuing jurisdiction and counsel and client do not wish to continue representation, counsel must submit a withdrawal motion and proposed order at the conclusion of the retained matter.

In all cases in which the Court retains a continuing jurisdiction and retained legal counsel and client do not wish to continue representation, counsel shall, at the conclusion of the matter for which counsel was retained, submit a motion to withdraw from representation and a proposed order.

CRITICAL

Applies to

Order judgment or decree

Every order, judgment, and decree must include a distribution list in the lower left-hand corner of its signature page with each recipient's name and mailing address and/or email address.

All orders, judgments and decrees shall have, in the lower left-hand corner of the signature page, a distribution list with the name, and mailing address and/or email address of each party or attorney to receive a copy of the same.

CRITICAL

Applies to

Notice of bankruptcy

The debtor’s bankruptcy attorney must file a notice of bankruptcy containing the filing date, bankruptcy court location and case number, and an affirmation that the opposing party was listed on the petition.

It shall be the duty of the debtor’s bankruptcy attorney to file with the Court, a notice of bankruptcy, setting for the date of the bankruptcy filing, the bankruptcy court location and case number, and an affirmation that the opposing party has been duly listed on the bankruptcy petition.

CRITICAL

Applies to

Continuance motion

A continuance motion must state the reason, whether opposing counsel was contacted and their response, and the court time needed for the hearing or trial.

Each motion shall contain the reason for the requested continuance, that counsel has contacted opposing counsel and opposing counsel's response to the request and the amount of court time required for the hearing or trial.

CRITICAL

Applies to

Financial declaration form

A Financial Declaration Form must be supplemented if additional material becomes available.

Additionally, pursuant to INDIANA TRIAL RULE 26(e)(2) and (3), the Form shall be supplemented if additional material becomes available.

CRITICAL

Applies to

Continuance motion

A continuance motion must include sufficient copies of a Chronological Case Summary Entry to allow the Court to notify all parties of rescheduling.

and shall be accompanied by sufficient copies of a Chronological Case Summary Entry which will allow the Court to notify all parties of rescheduling of the matter.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court before trial.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the court may consider the issue and rule appropriately before trial.

CRITICAL

Applies to

Juror questionnaire

Counsel and parties must not copy, duplicate, or distribute juror questionnaires, and must return them to the Court at the conclusion of trial.

Juror questionnaires shall be handled in accordance with Jury Rule 10 and Indiana Administrative Rule 9(G)(1)(b)(xii). Thus, juror questionnaires shall not be re-copied, duplicated or distributed by counsel or the parties, and shall be returned to the Court at the conclusion of trial in order to safeguard juror privacy.

CRITICAL

Applies to

Ex parte emergency custody motion or petition

An ex parte or emergency child-custody or minor-child guardianship motion or petition must include the listed information and supporting materials.

Whether in the context of a dissolution of marriage, paternity, guardianship, or any other proceeding, where one is seeking ex parte or emergency custody of a child or ex parte emergency guardianship of a minor child, the following minimum information will be required: 1. A sworn verified motion or petition signed by the person seeking relief. 2. The full name, physical and mailing address of the petitioner or movant, and their relationship to the child or children for whom they are seeking custody or guardianship. 3. The full name, date of birth, and age of the child or children for whom custody or guardianship is being sought. 4. The length of time the child or children have been in the petitioner's or movant's physical custody, and a brief description of the circumstances as to how such physical custody occurred. If the child or children are in another's physical custody, the same information is required including that person's relationship to the child or children. 5. The name and physical, and mailing, address of every other person who has legal or physical custody of the child or claims such right, including, but not limited to, the biological mother, the biological father, or putative father(s). If it is claimed an address is unknown, then the Court shall be advised what efforts have been undertaken to locate said person and their last known physical and mailing address. 6. If any other interested party is represented by counsel, or known to have counsel, what efforts have been undertaken to advise other counsel of the pending ex parte request and other counsel's response. 7. A complete copy of the most recent custody order in effect, if any. 8. A statement whether the person seeking emergency ex parte custody or guardianship has had their visitation or custodial rights to any of said child or children limited, restricted, or

CRITICAL

Applies to

Transparenting class completion certificate

Where minor children remain, both parents must complete the approved class or equivalent program and file a completion certification; completion may be waived only in unusual circumstances approved by the Court.

In any dissolution of marriage, paternity or legal separation proceeding where there remain minor children born of the marriage or relationship, both the father and mother shall complete the Transparenting Class or equivalent program approved by the Court within sixty (60) days after the filing of the petition and file with the Court a certification of completion. Each party shall bear their own costs for the program with an allowance for waiver. No final hearing will be scheduled until both certificates are on file with the Court. Failure to complete the program within the required time period shall be punishable by contempt. Completion of the program shall not be waived except in unusual circumstances approved by the Court. The parties are directed to contact the Transparenting Class within ten (10) days of service of summons at (513)405-6198 to make an appointment to attend the program. Counsel for petitioner is responsible for notification of their clients of the requirements of this rule.

CRITICAL

Applies to

Motion

Must include

proposed order

A party filing any motion must submit a proposed order, enough copies for all parties, and pre-addressed, stamped Clerk's envelopes when filing.

A party filing any type of motion shall, at the time of filing, submit a proposed order with sufficient copies and pre-addressed, stamped Clerk's envelopes to provide copies to all parties.

CRITICAL

Applies to

Proposed dissolution decree

Parties in Domestic Relations cases, with or without children, must submit a proposed Dissolution Decree.

Parties in Domestic Relations cases, (Domestic Relations with Children, Domestic Relations without Children), shall submit proposed Dissolution Decree

CRITICAL

Applies to

Pleading

A person filing a pleading that requires service must clearly state the manner of service.

Every person filing a pleading that requires service shall clearly designate the manner of service, e.g. certified mail or Sheriff.

CRITICAL

Applies to

Plea agreement

Plea agreements must be submitted in writing to the appropriate Judge.

All plea agreements shall be submitted, in writing, to the Judge of the appropriate Court no later than twenty-one (21) days prior to the trial date.

CRITICAL

Applies to

News media credentials

News media seeking to record, televise, stream, or take pictures must present verified credentials for the Court’s consideration.

News media requesting to record, televise, stream, and/or take pictures in compliance with Code of Conduct Rule 2.17, shall present verified news media credentials for the Court’s consideration.

CRITICAL

Applies to

Financial declaration form

Each party must attach reasonably required and available verification materials to the Financial Declaration Form, including tax returns, supporting documentation, and current wage records.

For the purpose of providing a full and complete verification of income, assets, liabilities and values, each party shall attach to the Financial Declaration Form all information reasonably required and reasonably available. At the minimum, this shall include income tax returns and supporting documentation and current wage records. "Reasonably available" means material which may be obtained by letter accompanied with an authorization but does not mean material that must be subpoenaed or is in the possession of the other party.

CRITICAL

Applies to

Pre sentence investigation and pre dispositional report

All pre-sentence investigations and pre-dispositional reports shall be submitted to the Court, counsel and/or the parties no later than five (5) days prior to the sentencing or dispositional hearing.

All pre-sentence investigations and pre-dispositional reports shall be submitted to the Court, counsel and/or the parties no later than five (5) days prior to the sentencing or dispositional hearing.

CRITICAL

Applies to

Child support obligation worksheet

In matters involving support, each party must submit a completed Child Support Obligation Worksheet with supporting documentation within 60 days after filing the petition.

In all matters involving support, each party shall submit to the Court a completed Child Support Obligation Worksheet, adopted as part of the Indiana Child Support Rules and Guidelines, with supporting documentation within sixty (60) days of the filing of the petition,

CRITICAL

Applies to

Order judgment or decree

A party who agrees or is directed to prepare an order, judgment, or decree must follow the Court's directives and Trial Rule 58(B).

A party agreeing or directed by the Court to prepare an order, judgment or decree, shall do so in accord with the directives of the Court and Trial Rule 58(B).

WARNING

The listed information includes pending CHINS or equivalent proceedings, other child-welfare-agency involvement, and any related custody or guardianship proceedings in another court.

The existence of any pending CHINS proceeding, or equivalent out-of-state proceeding, other involvement by a child welfare agency and whether custody proceedings or guardianship proceedings regarding the child or children are pending in or have been filed in another court and, if so, sufficient information to apprise the court of the place and nature of the proceedings.

WARNING

Applies to

Continuance motion

The Court may require any written motion for continuance to be signed by the party requesting the continuance in addition to his or counsel

The Court may require any written motion for continuance to be signed by the party requesting the continuance in addition to his or counsel

WARNING

Applies to

Financial declaration

The Court may require either party to supplement the Financial Declaration with appraisals, bank records, or other evidence supporting stated values.

The Court may require either party to supplement such Financial Declaration with appraisals, bank records, and other evidence to support the values set out therein.

WARNING

Applies to

Financial declaration

The Financial Declaration must comply with Indiana Administrative Rule 9 and Indiana Trial Rule 5(G).

Subject to specific evidentiary challenges, the Financial Declaration shall be admissible into evidence upon filing and shall comply with Indiana Administrative Rule 9 and Indiana Rule of Trial Procedure 5(G),

WARNING

Applies to

Pro se dissolution petition

The Clerk must distribute the specified notice and accompanying materials to everyone filing a pro se petition for dissolution of marriage.

The Clerk shall distribute a notice provided by the Court to all persons filing a pro se petition for dissolution of marriage together with a copy of LR69-02 and Financial Declaration Form and, if applicable, LR69- FL-01 with a Child Support Obligation worksheet and Child Support Guidelines along with a copy of the Indiana Supreme Court Parenting Time Guidelines.