Rush County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A motion for continuance must state that all opposing counsel or pro se parties, including any Guardian Ad Litem or Court Appointed Special Advocate, were contacted and whether they agree or object.
Request must include
Page & Word Limits1 rule
A fax filing may not exceed ten pages including its cover sheet and may not require payment of fees.
- Page limit for self-represented parties
- Up to 10 pages
Court's wording
In order for a pro se litigant to file a document by facsimile transmission, the following must apply: A. Such matter does not exceed ten (10) pages including the cover sheet; B. Such matter does not require the payment of fees;
Document Format Requirements1 rule
All accountings shall follow the prescribed statutory format. Informal, handwritten or transactional accountings will not be accepted.
Document Filing Requirements44 rules
All Motions for Continuance must be accompanied by a proposed Order with blanks for resetting the hearing.
- Document
- Motion for continuance
Must include
- •Proposed order
In all cases in which a Motion for Continuance is filed, the Motion must contain the following: A. A statement indicating that all opposing counsel (or parties if pro se) including any Guardian Ad Litem or Court Appointed Special Advocate have been contacted and agree or object to the continuance.
A cover sheet must accompany the filing by facsimile transmission, and the cover sheet must contain the title of the document, case number, number of pages, identity and voice telephone number of the sending party and instructions for filing.
The sending party must create a machine-generated transmission log at the time of faxing and keep it for the duration of the litigation.
Court's wording
C. The sending party creates, at the time of transmission, a machine generated log for such transmission; and D. The original document is sent or delivered to the Rush County Clerk as soon as practicable and the transmission log is maintained by the sending party for the duration of the litigation.
A party offering biologically contaminated evidence must file a pretrial notice with the trial court.
Court's wording
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.
Under no circumstances should guns, drugs, currency, or other dangerous or valuable items be included in appellate records.
A certificate of attendance must be filed before the Court grants a dissolution or legal-separation petition.
Court's wording
The moderator of each session will provide each attendee with a certificate of attendance which must be filed with the Clerk prior to the Court’s granting a Petition for Dissolution of Marriage or a Petition for Legal Separation.
Prior to issuance of Letters, the fiduciary’s attorney shall execute an Attorney’s Undertaking for such assets.
The individual requesting to be named personal representative or administrator shall comply with the provisions of Ind.Code 29-1-10-1.
No fees for personal representatives, guardians or attorneys shall be paid out of any supervised estate or guardianship without prior written order of the court.
A financial institution officer’s certification that the account is restricted as ordered must be filed within ten days after the order authorizing the account.
Court's wording
Within ten (10) days of the order authorizing the creation of the account, a certification by an officer of the financial institution at which the account has been created, stating that the account is restricted as required by the Court, shall be filed with the Court.
In every supervised estate and guardianship, the personal representative or guardian, before entering duties, shall file a bond not less than the value of the annual rents and profits of all property of the estate, except as hereinafter provided:
Final fees cannot be paid until the final account is approved, and every final-fee order must state that condition.
Court's wording
Final fees in supervised estates and guardianships shall not be paid until the court has approved the final account. All orders for final fees shall provide that said fees are to be paid only after approval of the final account.
All supplemental reports filed with the Court must be accompanied by receipts for distribution made.
The intermediate accounting must comply with the cited statutes, explain why the estate cannot be closed, and propose any partial distribution that can be made without prejudice.
Court's wording
Such accounting shall comply with the provisions of I.C. 29-1-6-4 and 29-1-16-6 and: 1. shall state facts showing why the estate cannot be closed; 2. shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.
In guardianships over the estate of a minor, unless otherwise authorized by the Court, funds shall be placed in a restricted account, designating that no principal or interest may be withdrawn without prior written order of the Rush Circuit or Superior Court.
A consent to adoption must be notarized.
Prior to the issuance of letters in a guardianship over a minor’s estate or the compromise of a minor’s claim, the guardian and attorney shall execute the Lawyer’s Undertaking and Obligation and Order to Guardians.
All Social Security or Medicare benefits received by the fiduciary on behalf of an incapacitated person shall be included and accounted for in the guardianship accountings unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility.
No determination will be made without a supporting medical report or testimony.
A physician’s report by the doctor treating the alleged adult 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.
Petitions for fees must be signed by the personal representative or guardian.
All petitions for appointment of personal representatives or guardians shall contain the petitioner’s current address, and the proposed guardian’s current address, if the petitioner and the proposed guardian are not the same person.
A certification by a financial institution that a properly restricted account has been created shall be filed within ten (10) days of the Order establishing guardianship.
1. No Fees for fiduciaries or attorneys shall be paid in any supervised estate or guardianship until the Court has approved a fee petition filed by the attorney for the estate.
2. No attorney or fiduciaries shall be paid in any supervised estate or guardianship until the Court has approved a fee petition filed by the attorney for the estate.
In order to comply with the rules of the Probate Court, I am required to file a Certification of Account Balances. Please certify the balances and names on the accounts I have listed below.
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.
2. Describe the incapacitated person’s mental and physical condition; and, when it is appropriate, describe educational condition, adaptive behavior and social skills:
5. Can the incapacitated person appear in court without injury to his/her health? _____________________________________________________________________________ If the answer is no, explain the medical reasons for your answer.
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.
1. Describe the nature and type of the incapacitated person’s disability:
I affirm under the penalties of perjury, the foregoing representations are true.
If the description of the incapacitated person’s mental, physical and educational condition, adaptive behavior or social skills is based on evaluations by several professionals, all professionals preparing evaluations must sign the report.
This report must be signed by a physician.
The attorney must deliver copies of the signature card or certificate evidencing the restricted deposit and its amount to the Court.
Court's wording
I, as an Officer of this Court and as Attorney for the above Guardian/Protecting Person, hereby assume and undertake personal responsibility to the above named Protected Person and to the Court to make the above designated restricted deposit and to deliver copies of the SIGNATURE CARD of CERTIFICATE evidencing the restricted deposit and the amount thereof to the Court within ten (10) days from this date, or to refund all of the funds to the Court immediately upon demand.
Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.
At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence. The receipt will be made part of the court file.
Where, under the terms of the will, the testator expresses an intention that the bond be dispensed with, the Court may set a bond adequate to protect creditors and tax authorities.
Where the heirs or legatees have filed a written request that the personal representative serve without bond, the bond may be set in an amount adequate to protect the rights of creditors and tax authorities only.
In lieu of a bond in any supervised estate, a personal representative may serve with approval and consent of 2/3 of the heirs.
This rule does not preclude payment of partial fees during administration after obtaining written Court order for the same.
No petition for fees of personal representatives or attorneys need be filed in unsupervised estates.
A copy of the annual accounting required by the Social Security Administration for a representative payee shall be an adequate accounting if those are the only monies received by the guardian.
Filing & Service rules
Electronic Filing Rules
The Judges of Rush Superior and Circuit Courts authorize pro se litigants only to file documents by facsimile transmission. Any documents to be filed by facsimile must be sent to the Rush County Clerk’s Office fax line at (765) 932-4165.
The Judges of Rush Superior and Circuit Courts authorize pro se litigants only to file documents by facsimile transmission. Any documents to be filed by facsimile must be sent to the Rush County Clerk’s Office fax line at (765) 932-4165.
Page 3 | ADMINISTRATIVE RULES — Facsimile Transmission
Pro se litigants may not file documents by email to the Clerk or either court.
Pro se litigants may not file documents by emailing documents to the Rush County Clerk, or to the Rush Circuit Court or the Rush Superior Court.
Page 3 | ADMINISTRATIVE RULES — Filing of Documents
Fax filing is available only for matters that do not require payment of fees.
In order for a pro se litigant to file a document by facsimile transmission, the following must apply: A. Such matter does not exceed ten (10) pages including the cover sheet; B. Such matter does not require the payment of fees;
Page 3 | ADMINISTRATIVE RULES — Facsimile Transmission
Pro se litigants may file documents through the State e-filing system, in person at the Clerk’s Office, or by fax.
Pro se litigants may file documents through the State e-filing system, in-person at the Rush County Clerk’s Office or by facsimile transmission, as outlined below.
Page 3 | ADMINISTRATIVE RULES — Filing of Documents
Filing Timing and Cure Windows
During normal posted business hours, a fax filing is filed when the Clerk’s Office receives it.
E. During normal, posted business hours, the time of filing shall be the time of the facsimile is received in the Office of the Rush County Clerk.
Page 3 | ADMINISTRATIVE RULES — Facsimile Transmission
After faxing, the original document must be sent or delivered to the Clerk as soon as practicable.
D. The original document is sent or delivered to the Rush County Clerk as soon as practicable and the transmission log is maintained by the sending party for the duration of the litigation.
Page 3 | ADMINISTRATIVE RULES — Facsimile Transmission
The pretrial notice concerning biologically contaminated evidence must be filed and served 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.
Page 6 | Biologically Contaminated Evidence
In a supervised estate, the personal representative must file an inventory within two months after appointment.
In all supervised estates, the personal representative shall file an inventory with the Court within two (2) months of the appointment of the personal representative.
Page 9 | Inventory
A temporary guardian must file an inventory within thirty days after appointment.
A temporary guardian shall file an inventory with the Court within thirty (30) days of appointment.
Page 9 | Inventory
The Attorney’s Undertaking must be executed before Letters issue.
Prior to issuance of Letters, the fiduciary’s attorney shall execute an Attorney’s Undertaking for such assets.
Page 9 | Bond
The required bond must be filed before the personal representative or guardian enters duties.
In every supervised estate and guardianship, the personal representative or guardian, before entering duties, shall file a bond not less than the value of the annual rents and profits of all property of the estate, except as hereinafter provided:
Page 9 | Bond
In an unsupervised estate, the personal representative must file certification that the inventory is complete within two months after appointment.
In all unsupervised estates, the personal representative shall file within two (2) months of the appointment of the personal representative certification that the inventory has been completed as required by I.C. 29-1-7.5-3.2.
Page 9 | Inventory
Guardians other than temporary guardians must file a complete inventory of property within ninety days after appointment.
All other guardians shall file a complete inventory of property with the Court within ninety (90) days of appointment.
Page 9 | Inventory
The restricted-account certification is due within ten days of the order authorizing the account.
Within ten (10) days of the order authorizing the creation of the account, a certification by an officer of the financial institution at which the account has been created, stating that the account is restricted as required by the Court, shall be filed with the Court.
Page 9 | Bond
If a supervised estate remains open after one year, an intermediate account must be filed within thirty days after that year ends and within thirty days after each succeeding year.
Whenever a supervised estate cannot be closed within one (1) year, an intermediate account shall be filed with the Court within thirty (30) days after the expiration of the one (1) year and each succeeding year thereafter.
Page 10 | Accountings
The required physician’s report or additional evidence must be presented at filing or on the hearing date.
A physician’s report by the doctor treating the alleged adult 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.
Page 10 | Requirements for Establishing Guardianships
The required undertaking and order must be executed before Letters issue or the minor’s claim is compromised.
Prior to the issuance of letters in a guardianship over a minor’s estate or the compromise of a minor’s claim, the guardian and attorney shall execute the Lawyer’s Undertaking and Obligation and Order to Guardians.
Page 10 | Restricted Accounts in Guardianships or Minors
The certification must be filed within ten days after the order establishing guardianship.
A certification by a financial institution that a properly restricted account has been created shall be filed within ten (10) days of the Order establishing guardianship.
Page 11
Evaluations supporting the report must have been performed within three months of the petition’s 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.
Page 14 | PHYSICIAN’S REPORT
The attorney must deliver the deposit evidence to the Court within ten days from the date of the undertaking.
I, as an Officer of this Court and as Attorney for the above Guardian/Protecting Person, hereby assume and undertake personal responsibility to the above named Protected Person and to the Court to make the above designated restricted deposit and to deliver copies of the SIGNATURE CARD of CERTIFICATE evidencing the restricted deposit and the amount thereof to the Court within ten (10) days from this date, or to refund all of the funds to the Court immediately upon demand.
Page 15 | LAWYER’S UNDERTAKING AND OBLIGATION
Service and Proof of Service Rules
The party offering biologically contaminated evidence must serve the pretrial notice on all parties 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.
Page 6 | Biologically Contaminated Evidence
The court must notify attorneys of record and unrepresented parties by mail, including email, of the evidence-destruction date.
In all cases, the court shall provide actual notice, by mail (including e-mail), to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 6 | Notification and Disposition
Counsel and parties must keep the court informed of their current addresses, and notice to the last current address is sufficient.
Counsel and parties have the duty to keep the court informed of their current addresses and notice to the last current address shall be sufficient.
Page 6 | Notification and Disposition
Filing Fees and Waivers
Each party is responsible for the cost of participating in a parenting session, with a fee waiver available upon a good-faith showing of indigence.
Each party is responsible for the cost of the party’s participation. Allowances for waiver of fee will be given upon a good faith showing of indigence.
Page 8 | LR70 – FL 00 -3 Parenting Sessions
Sealing & Redaction Procedures
Courtroom security-camera recordings are confidential and unavailable to the public unless a court order permits access.
According to the Indiana Rules of Court, Rules on Access to Court records Rules 4(D) and 5(D)(2), Rush Circuit Court and Rush Superior Court declare that the recordings from the security cameras confidential; Public access to the recordings is excluded unless a court order allows access.
Page 3 | ADMINISTRATIVE RULES — Security Cameras in the Courtroom
Adjournment & Extension Requirements
A motion for continuance must state that all opposing counsel or pro se parties, including any Guardian Ad Litem or Court Appointed Special Advocate, were contacted and whether they agree or object.
In all cases in which a Motion for Continuance is filed, the Motion must contain the following: A. A statement indicating that all opposing counsel (or parties if pro se) including any Guardian Ad Litem or Court Appointed Special Advocate have been contacted and agree or object to the continuance.
Page 2 | TRIAL RULES — Motion for Continuance
Chambers Communication Rules
A personal representative or guardian who changes address must immediately advise the Court of the new address.
A personal representative or guardian who changes address shall immediately advise the Court of the new address.
Page 11 | LR70 – PR 00 -9 Address of Fiduciaries