St. Joseph County Superior Court, Indiana Document Filing Requirements

CRITICAL

Applies to

Motion or pleading

A party seeking to vacate a hearing and submit a final order must file an additional motion or pleading stating the reason for doing so.

If a party wished to vacate a hearing and submit a final Order for approval of the Court the party shall submit an additional Motion or pleading indicating the reason for vacating the hearing and submission of the Order.

CRITICAL

Applies to

Notice of intent to withdraw

The withdrawal notice must explain the case’s status, scheduled hearings or other pending matters, and the potential consequences of failing to act promptly or obtain new counsel.

The notice of the intention to withdraw shall include an explanation of the present status of the case, the dates of the scheduled hearings or other pending matters in the case and the potential consequences to the client’s case resulting from the failure of the client to act promptly or to secure new counsel.

CRITICAL

Filings must reflect the applicable court's legal name; a filing missing the proper case name or court name may be amended, rejected, or stricken.

The legal names of the courts within the 60th Judicial Circuit are the St. Joseph Circuit Court, the St. Joseph Superior Court, and the St. Joseph Probate Court. All filings shall properly reflect the legal name of the applicable court. Any filing may be amended, rejected, or stricken if it does not contain the proper case name and/or the legal name of the court.

CRITICAL

Applies to

Pleadings

Parents in paternity cases must not be called petitioner or respondent and should instead be identified, as appropriate, as Mother, Father, or Putative Father.

however, parents in paternity cases shall not be referred to as petitioner or respondent and, as appropriate, shall be referred to as Mother, Father, or Putative Father.

CRITICAL

Applies to

Guardian report

A guardian of the person must include the protected person’s present residence and general condition in the Guardian’s Report.

The Guardian’s Report filed by the guardian of the person as opposed to the estate, shall provide the present residence of the protected person and a description of his or her general condition.

CRITICAL

Applies to

Objection to family court assignment

An objection to assignment to Family Court must state the basis for the objection.

Any such objection must be filed within 10 days after notice is sent that a case has been assigned to Family Court and shall set forth the basis of the objection.

CRITICAL

Applies to

Pleading or motion

Parties and counsel must comply with T.R. 11 verification requirements, and the moving party or its attorney of record must sign pleadings and motions before filing them.

Parties and their counsel are enjoined to comply with the verification requirements of T.R. 11, and either the moving party or the party’s attorney of record shall sign all pleadings and motions before filing with the Clerk of the Court.

CRITICAL

Applies to

Pleadings

Pleadings in dissolution, separation, custody, and support proceedings must use the caption required by statute.

Pleadings in dissolution, separation, custody, and support proceedings shall be captioned as required by statute.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The Certificate of Service for a covered filing must indicate the date of filing.

Every motion, petition, notice, or other pleading required to be served by T.R. 5 of the Indiana Rules of Trial Procedure, shall be served on all counsel of record or unrepresented parties either before it is filed or on the day it is filed with the Court, and the date of filing shall be indicated on the Certificate of Service.

CRITICAL

Applies to

Response opposing a dispositive motion

A response to the specified dispositive motions must explain factually why the motion should be denied and include a sufficient memorandum of law.

Unless good cause is shown, the responding party opposing such dispositive motions shall file a response within 15 days, unless the court specifically sets different time frames, which contains a factual explanation as to why denying the motion is appropriate accompanied by a sufficient memorandum of law.

CRITICAL

Applies to

Electronically filed document

A document filed through the E-filing system using valid credentials is presumed signed and authorized by the person issued those credentials.

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

CRITICAL

Applies to

Pleading or motion under trial rules 12 and 56

Pleadings and motions under Trial Rules 12 and 56 must be accompanied by a separate supporting brief.

All pleadings and motions filed pursuant to Trial Rules 12 and 56 shall be accompanied by a separate supporting brief.

CRITICAL

Applies to

Written notice of substitute or local counsel

If counsel or a self-represented moving party will not attend a proceedings supplemental hearing in person, they must notify the Court in writing who will attend as substitute or local counsel.

If at the time of filing of a proceedings supplemental or any time thereafter, counsel for the moving party or a party proceeding pro se determines that they will not attend the hearing in person, the counsel or the moving party shall notify the Court in writing of the substitute or local counsel who will be in attendance at the hearing.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Unless the Court directs otherwise, attorneys must prepare a form of Order for the Court to use in all proceedings.

Unless directed otherwise by the Court, all attorneys are required to prepare a form of Order for use by the Court in all proceedings.

CRITICAL

Applies to

Motion petition notice pleading or ccs entry form

The Clerk must not accept the specified filings from an unrepresented litigant unless the pleading states the litigant’s current address and phone number.

The Clerk shall not accept any motion, petition, notice, or other pleading or a CCS entry form for filing from an unrepresented litigant unless the unrepresented litigant’s current address and phone number appear on the pleading,

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must be written and include an attached notice to the client.

A motion to withdraw shall be in writing with an attached notice to the client of the intention to withdraw.

CRITICAL

Applies to

Proposed order

When directed by the Court, a party or the party's attorney must promptly prepare a proposed order based on the Court's decision.

As directed by the Court, a party or an attorney for a party shall prepare a proposed order based on the decision rendered by the Court. The party so directed shall prepare the proposed order promptly

CRITICAL

Applies to

Summary judgment response

A summary judgment response must submit affidavits or other documentary evidence, or specifically identify contradictory information in the existing court records; otherwise, the motion’s factual assertions will be accepted as true.

Unless you submit your own affidavits (or other documentary evidence) or a response that specifically identifies information within the existing court records that contradict the factual assertions of the evidence designated in the motion for summary judgment and supporting materials, any factual assertions in our motion and supporting documentation will be accepted by the Court as true.

CRITICAL

Applies to

Closing statement

Every Closing Statement must comply with LR71-PR00606.6.

Every Closing Statement shall comply with LR71-PR00606.6

CRITICAL

Applies to

Interrogatory response

The responding party must complete the requested answers, supply the jurat, and serve the original and one duplicate on propounding counsel.

The responding party shall fill in the requested answers, supply the jurat, and serve the original and one duplicate on propounding counsel.

CRITICAL

Applies to

Motion petition or other pleading

Every motion, petition, or other pleading filed with the Clerk must state the filing party’s or its attorney’s name, organization, physical address, telephone number, and facsimile number.

Every motion, petition, or other pleading filed with the Clerk shall contain the name, organization, physical address, telephone number, and facsimile number of the filing party or an attorney for that party.

CRITICAL

Applies to

Motion

If alternative motions are filed together, each must be identified on the caption.

Each motion shall be separate, while alternative motions filed together shall each be identified on the caption.

CRITICAL

Applies to

Guardian report

For an adult protected person, an attending physician’s report must accompany the Guardian’s Report and attest that the incapacity continues and the living arrangements are appropriate.

If the protected person is an adult. A report of an attending physician shall be filed with the Guardian’s Report attesting to the fact that the incapacity of the person continues and that the living arrangements for the protected person are appropriate.

CRITICAL

Applies to

QUEST information form

Before a new action is assigned a cause number, the QUEST Information Form must be completed and filed with the Clerk along with the documents and fees it requests.

The QUEST Information Form provided by the Clerk of the Probate Court is to be completed and filed with the Clerk, accompanied with requested documents and fees per the form before a cause number for the new action will be assigned.

CRITICAL

Applies to

Guardianship accounting

Each guardianship accounting must include a financial-institution officer’s certification verifying the account balance for institutions holding guardianship assets.

All guardianship accountings shall contain a certification of an officer of any financial institution in which guardianship assets are held, verifying the account balance.

CRITICAL

Applies to

Written agreement

The written agreement must state that the parties selected an eligible special judge, did not reach agreement, or will proceed directly under the applicable subsection.

(a) selecting an eligible special judge or reporting that an agreement was not reached; or, (b) proceeding directly under §1002.3 in a case where a change of judge has been granted or under §1002.4 in a case where the judge has recused or disqualified

CRITICAL

Applies to

Interrogatories

The propounding party or its attorney of record must sign and date interrogatories as of the service date.

(1) The propounding party or the attorney of record for the propounding party shall sign and date the interrogatories as of the date of service;

CRITICAL

Applies to

Estate and guardianship pleadings and applications

The Petitioner must sign and verify all estate and guardianship pleadings and other applications to the Court.

All estate and guardianship pleadings and other applications to the Court shall be signed and verified by the Petitioner.

CRITICAL

Applies to

Verified pleading or document

however, the attorney is required to maintain an original, signed paper copy in his office. Said pleading or document must be maintained for as long as required by the Administrative Rules of the Supreme Court of Indiana.

however, the attorney is required to maintain an original, signed paper copy in his office. Said pleading or document must be maintained for as long as required by the Administrative Rules of the Supreme Court of Indiana.

CRITICAL

Applies to

Sealed affidavit

Where appropriate, a sealed affidavit is to be filed with the Court in substantially the form as provided by the Court.

Where appropriate, a sealed affidavit is to be filed with the Court in substantially the form as provided by the Court.

CRITICAL

Applies to

Standard written agreement

Assignment to Drug Treatment Court requires the specified consents, a continuance, and filing a standard written agreement.

Cases may be assigned to the Drug Treatment Court only upon the consent of the Prosecuting Attorney, defendant, and the Judge assigned to the court, and upon the continuance of the case pursuant to the filing of a standard written agreement for such purposes.

CRITICAL

Applies to

Pre trial statement

Each party must prepare a pre-trial statement before the conference addressing the specified financial information, contested issues, proposed resolutions, admissions, witnesses, and other matters that may aid disposition.

Pre-trial Statements shall be prepared by each party prior to the pre-trial conference and shall address the following: (1) Preliminary Financial Statement, which shall include: (a) Identification and valuation of assets; (b) Identification and valuation of liabilities; (2) Identification of other contested issues, including custody, parenting time, support, post-secondary educational assistance, and rehabilitative maintenance; (3) Preliminary proposal for resolution of contested issues; (4) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (5) The names of witnesses to be called during the trial and the general nature of their expected testimony; (6) Such other matters as may aid in the disposition of the action.

CRITICAL

Applies to

Notice

The notice must state the pleading’s name, filing date, and any applicable hearing date.

Said notice shall indicate the name of the pleading filed, the date it was filed, and any hearing date thereon, if applicable.

CRITICAL

Applies to

Drug court preliminary approval checklist

Filing a Drug Court preliminary approval checklist by the Prosecutor’s Office is a prerequisite to referral for Drug Court assessment.

All felony Superior Court judges may refer a level 5 or 6 felony drug cause for Drug Court assessment upon the filing of a Drug Court preliminary approval checklist by the Prosecutor’s Office.

CRITICAL

Applies to

Order

Before filing an order, parties must have filed proper pleadings supporting it with the Court.

Prior to the filing of any Order, parties shall provide notice to all other parties involved in the matter and will have filed with the Court proper pleadings to support said Order.

CRITICAL

Applies to

Receipt

A party removing evidence must give the court reporter a detailed receipt at removal, and the receipt becomes part of the court file.

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

CRITICAL

Applies to

Hearing or trial

Must include

certificate of conference

Before an initial, provisional, or other hearing, attorneys and self-represented parties must meet in good faith to resolve issues and certify compliance to the court before the hearing or trial, unless safety concerns or other good cause make the meeting unreasonable.

It is required that, unless considerations of safety or other good cause make it unreasonable, before the date and time set for an initial, provisional, or other hearing, attorneys and pro se parties shall meet with each other in a good faith attempt to resolve all issues. Attorneys and pro se parties contacted for this purpose shall make themselves reasonably available for consultation. Prior to commencement of a hearing or trial, the attorneys and pro se parties shall certify to the court that they have complied with this rule. The duty of consultation shall be continuing.

CRITICAL

Applies to

Appearance form

An appearance form must include a mailing address and telephone number, and must include a physical street address even if it also lists a post office box.

Each counsel or party shall file an appearance form (or its equivalent) that includes a mailing address and telephone number. The notice may include a post office box but must include a physical street address to allow for proper service of process or other notification by the Court.

CRITICAL

Applies to

Summons and complaint

The filing party or its attorney must put the correct case type in the cause-number line of each summons and complaint before presenting a new filing to the Clerk.

The filing party (or the attorney for the filing party) shall designate the correct case type in the cause number line of each summons and complaint before presenting a new filing to the Clerk.

CRITICAL

Applies to

Notice

A published notice must explain how to obtain a copy of the accounting without charge.

If notice is given by publication, the notice shall explain how to obtain a copy of the accounting without charge.

CRITICAL

Applies to

New case

A party must obtain a cause number from the Clerk before creating a new QUEST case.

Before creating a new case in the QUEST system, a party must obtain a cause number from the Clerk of the Court.

CRITICAL

Applies to

Petition to sell personal property

Unless the will authorizes the sale, a petition to sell personal property in a supervised estate or guardianship requires a written fair-market-value appraisal filed with the petition or previously with the inventory; the requirement does not apply to public-auction sales.

To the extent that the sale of assets is not authorized by the decedent’s will, no Petition to Sell Personal Property in a supervised estate or guardianship shall be granted unless a written appraisal, prepared by a person competent enough to appraise such property and setting forth its fair market value, is filed with the Petition or was previously filed with the inventory. This rule shall not apply to personal property which is sold at public auction.

CRITICAL

Applies to

Guardianship petition

A treating physician’s report or other evidence required by the Court must be presented when the petition is filed or at the hearing, and no determination will be made without supporting medical evidence or testimony.

In all guardianship matters seeking to declare an adult incapacitated for any reason, a Physician’s Report 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. No determination will be made without a supporting medical report or testimony.

CRITICAL

Applies to

Compensation petition

Compensation or allowances for court-appointed estate officers and their counsel require a petition and any notice to creditors or other interested persons that the Court directs.

In the exercise of its discretion, the Court shall determine and fix the compensation of receivers or similar officers and their counsel and the compensation of all others who may have been appointed by the Court to aid in the administration of the estate, and such allowances or compensation shall be made only on petition therefore and on such notice, if any, to creditors, and other interested persons as the Court may direct.

CRITICAL

Applies to

Agreed commitments

For a scheduled hearing in a dissolution, separation, or paternity case, parents must prepare Agreed Commitments from their chosen website Commitments, review them before each hearing, and bring copies to all hearings.

If a hearing is scheduled in a dissolution, separation, or paternity case, the parents shall merge their chosen Commitments from their website work into a set of Agreed Commitments, review those Agreed Commitments before each hearing, and take copies of them to all hearings.

CRITICAL

Applies to

Adr request

One or more of the parties may request that the Court order the parties to engage in ADR. Such a request must be in writing and must be accompanied by a memorandum informing the Court of the nature of the

One or more of the parties may request that the Court order the parties to engage in ADR. Such a request must be in writing and must be accompanied by a memorandum informing the Court of the nature of the

CRITICAL

Applies to

Motion on final account

Fees paid to fiduciaries and attorneys in a supervised estate or guardianship must be reported with the Motion on Final Account and are subject to Court approval.

Fees paid to fiduciaries and to attorneys in the administration of a supervised estate or guardianship shall be reported to the Court with Motion on Final Account and such fees shall be subjected to approval by the Court at that time.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Before entry of an order granting a motion or application in the listed matters, the moving party or applicant must furnish a proposed order, unless the Court directs otherwise; the requirement does not apply to the specified jury-verdict, bench-trial, and matters-under-advisement judgments unless otherwise directed.

Before entry by the Court of orders granting motions or applications, the moving party or applicant (or their attorney) shall, unless the Court directs otherwise, furnish the Court with proposed orders in the following matters: (1) enlargement of time; (2) continuance; (3) default judgment; (4) dismissal; (5) appointment of receiver; (6) appointment of guardian; (7) restraining order, temporary, or permanent injunction; (8) immediate possession of real estate; (9) immediate possession of personal property; (10) findings of fact and conclusions of law; (11) petition for certification of interlocutory appeals; (12) staying further proceedings because of bankruptcy, appeal, or other cognizable grounds; (13) withdrawal of appearance of counsel; (14) such other orders, judgments, or decrees as the Court may direct. Unless otherwise directed by the Court as provided by Rule 213.5 below, this rule does not apply to judgments on general verdicts of the jury, to judgments rendered following trial to the bench, or to matters taken under advisement by a Court.

CRITICAL

Applies to

Extraordinary collection remedy filing

Before filing for an extraordinary collection remedy, a party must previously have filed proceedings supplemental and interrogatory responses, as appropriate, unless an emergency or other good cause is shown.

Unless an emergency or other good cause is shown, any party filing for an extraordinary collection remedy (e.g., account freeze, employment information, or garnishment) shall have filed previously a proceedings supplemental and interrogatories responses, as appropriate.

CRITICAL

Applies to

Motion for enlargement of time

A subsequent motion for enlargement of time must be identified as a subsequent motion.

All subsequent motions for enlargement of time shall be so designated and will only be granted for good cause shown or in the interest of justice.