St. Joseph County Superior Court, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship accounting

Social Security and Medicare benefits received for an incapacitated person must be included in the guardianship accounting, subject to the stated Court-approved exceptions.

All Social Security or Medicare Benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accounting unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility, or because of the amount of such funds, the Court finds that such funds can only be used by the guardian or designated person for the benefit of, or use for such incapacitated person.

CRITICAL

Applies to

Receivership inventory and appraisal

Unless the Court otherwise orders, a receiver or similar officer, as soon as practicable after the appointment and not later than twenty-eight (28) days after they have taken possession of the estate, shall file an inventory and an appraisal of all the property and assets in the receiver’s possession or in the possession of others who hold possession as his or her agent, and in a separate schedule, and inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others.

Unless the Court otherwise orders, a receiver or similar officer, as soon as practicable after the appointment and not later than twenty-eight (28) days after they have taken possession of the estate, shall file an inventory and an appraisal of all the property and assets in the receiver’s possession or in the possession of others who hold possession as his or her agent, and in a separate schedule, and inventory of the property and assets of the estate not reduced to possession by the receiver but claimed and held by others.

CRITICAL

Applies to

Guardianship petition

In a guardianship matter seeking to declare an adult incapacitated, the person must attend the hearing unless the petition presents sufficient evidence that the person cannot appear.

In all guardianship matters seeking to declare an adult incapacitated for any reason, the incapacitated person shall be present at the hearing or sufficient evidence shall be presented, by the petition, showing that the incapacitated person is unable to appear.

CRITICAL

A Court file may be removed from the Clerk’s custody only with authorization from the regularly presiding Judge and subject to the authorization order’s conditions, including the authorized person’s written acknowledgment of possession.

No Court file nor any part thereof may be removed from the custody of the Court Clerk by any person, including any attorney or Judge of this or any other Court, except upon authorization by the regularly presiding Judge to which the case is assigned and then only upon such terms and conditions as may be provided by them in the Order for authorization. One unalterable and invariable condition of this Order is the written acknowledgment of the authorized person that he has such file in his personal possession.

CRITICAL

Applies to

Caption

For a case filed on an “ex rel” basis, including the specified state actions, the caption must disclose that basis.

If the case is filed on an “ex rel” basis as contemplated by Trial Rule 19(A)(2) or as allowed by statute—this includes actions by the state (i.e., IV-D and DCS filings)—then the caption shall disclose that fact.

CRITICAL

Applies to

Notice

A published notice concerning a petition or motion must describe its subject matter and explain how to obtain a free copy.

If the notice is given by publication, the notice shall adequately describe the subject matter of the petition or motion and describe how to obtain a copy of the petition or motion without charge.

WARNING

Applies to

Status conference material

Counsel and parents should be ready to provide and discuss a copy of the parents’ Agreed Commitments from their website work.

Counsel and parents should be ready to provide to and discuss with the Court: (3) A copy of the parents’ Agreed Commitments from their website work as provided in Rule LR71-FL00-413.

WARNING

Applies to

Written petition

A party may seek access to confidential records in another Family Court case by written petition based on relevancy and need.

Parties may seek access to confidential cases or records in another case within the Family Court proceeding in which they are not a party, by written petition based on relevancy and need.

WARNING

Applies to

Written documents and oral presentations

In written submissions and oral presentations, counsel and parties must be mindful of and strive to use others’ preferred pronouns.

In written documents and oral presentations to the Court, counsel and parties shall be mindful of and strive to use the preferred pronouns of others in the courtroom or case.

WARNING

Applies to

Verified pleading or document

An attorney need not retain an original signed paper copy if the attorney uses a Court-approved signature pad and the filed verified pleading or document bears an electronic signature.

An attorney will not be required to maintain an original, signed paper copy of a verified pleading or document if the attorney has a Court approved signature pad which enables electronic signatures to be entered on the verified pleading or document, and the pleading or document which is being filed has an electronic signature affixed to it.

WARNING

At the time of filing, the party initiating the case should properly designate the case type.

At the time of filing, the party initiating the case should properly designate the case type.

WARNING

Applies to

Statement

If the Court requests it, a personal representative whose estate cannot be closed within one year must file a statement explaining why it has not been closed.

Whenever an estate cannot be closed within one (1) year, the personal representative shall file a statement with the Court stating the reasons why the estate has not been closed if requested by the Court.

WARNING

Applies to

Notice

[If appropriate under the Federal Fair Debt Collection Act, the following identifying information should be included with the Notice: Notice Provided by: Attorney Name Law Firm (if any) Address Telephone Number Our Law Firm is a debt collector. This Notice is provided as part of an attempt to collect a debt, and any information obtained by us will be used for that purpose. As we represent an opposing party, we cannot provide you with legal advice.]

[If appropriate under the Federal Fair Debt Collection Act, the following identifying information should be included with the Notice: Notice Provided by: Attorney Name Law Firm (if any) Address Telephone Number Our Law Firm is a debt collector. This Notice is provided as part of an attempt to collect a debt, and any information obtained by us will be used for that purpose. As we represent an opposing party, we cannot provide you with legal advice.]

WARNING

Applies to

Status conference material

Counsel and parents are expected to assist by informing the Court of all efforts being made to resolve the conflicts to protect and serve the immediate and long-term best interests of the children. Counsel and parents should be ready to provide to and discuss with the Court: (1) The parents’ most current Parenting Plan Worksheet (PPW). If the parents have not completed a joint parenting plan, each parent is expected to prepare and provide their own PPW.

Counsel and parents are expected to assist by informing the Court of all efforts being made to resolve the conflicts to protect and serve the immediate and long-term best interests of the children. Counsel and parents should be ready to provide to and discuss with the Court: (1) The parents’ most current Parenting Plan Worksheet (PPW). If the parents have not completed a joint parenting plan, each parent is expected to prepare and provide their own PPW.

WARNING

Applies to

Jury summons

The jury summons must specify the dates the prospective juror is to remain on call for jury service.

(2) Not later than one (1) week before a jury panel for jury selection is needed, the Jury Administrator or Bailiff assigned to each court shall mail, or cause to be mailed, the Summons of Jury Service which shall specify the specific dates for which the prospective juror shall remain on call for jury service.

WARNING

Applies to

Jury management records

Jury-management records must include the annual jury pool, periodic list, qualified jurors, exemptions and deferrals granted, jurors who served, and terms of service.

813.2. Items Included. Records shall include, but are not limited to: (1) Annual jury pool; (2) Periodic list; (3) Jurors qualified; (4) Exemptions granted; (5) Deferrals granted; (6) Jurors who served; and (7) Terms of service.

WARNING

Applies to

Pleadings

Parties should be referred to in non-adversarial terms whenever possible, using the listed family-role terms instead of adversarial labels.

To facilitate respect, harmony, and collegiality, parties shall be referred to using non- adversarial language whenever possible. For example, “child,” “mother,” “father,” “putative father,” “guardian,” and similar non-adversarial language should be used instead of “petitioner,” “respondent,” “plaintiff,” or “defendant,”

WARNING

Applies to

Motion to dismiss, motion to suppress, motion in limine where grounds are known before trial, or other such dispositive motion

The court will not ordinarily set the specified motions for hearing unless they include a factual explanation supporting the requested relief and a sufficient memorandum of law.

The court will not ordinarily set for hearing any motion to dismiss, motion to suppress, motion in limine (where the grounds therefore are known before trial), or other such dispositive motion, unless the motion contains a factual explanation as to why the granting of such is appropriate and is accompanied by a sufficient memorandum of law.

WARNING

Applies to

Summons and complaint

If each summons and complaint lacks a case type designation, the entire filing may be rejected or stricken.

If a filing is presented without a case type designation on each summons and complaint, the entire filing may be rejected or stricken.

WARNING

Applies to

Intermediate accounting

The Court may require the personal representative to file an intermediate accounting.

In addition, the Court reserves the power to require the personal representative to file an intermediate accounting with the Court.

WARNING

Applies to

Mediation waiver certification

The Court may excuse mediation upon a qualifying written certification with sufficient supporting facts; the Court disfavors waiver requests and advises that they be sought only in exceptional instances.

The Court may excuse the parents from this requirement if an attorney for one of the parents or an unrepresented parent certifies in writing pursuant to Ind. TR 11 that an emergency exists or some other reason exists that justifies a conclusion that mediation would be detrimental or counterproductive to one or more of the parents or children. The certification shall include a statement of facts sufficient to enable the Court to determine whether waiver of the mediation or ADR requirements of this rule is appropriate under the circumstances. Counsel and parents are advised that the Courts do not favor requests for a waiver from the requirements of this rule and that waiver requests should be sought only in exceptional instances and not as a matter of course.

WARNING

Applies to

Motion for dismissal under trial rule 41

A party retains the right to file a T.R. 41 dismissal motion and, unless the judge directs otherwise, must request that the Court set it for hearing.

Nothing in Rule 205.1 above shall affect the right of any party to file a motion pursuant to T.R. 41. Unless otherwise directed by the regularly presiding Judge, a party filing a motion for dismissal pursuant to T.R. 41 shall request that the Court set the matter for hearing.

WARNING

Applies to

Status conference material

Counsel and parents should be ready to provide and discuss a list of community resources that could help resolve parenting issues.

Counsel and parents should be ready to provide to and discuss with the Court: (2) A list of community resources the parents could use to assist them in resolving their parenting issues.

WARNING

Applies to

Summary judgment notice

The court requires this notice to be sent about the opposing party’s summary judgment motion.

The Courts of St. Joseph County, Indiana require that this notice be sent to you about the motion for summary judgment that was filed by the opposing party.

WARNING

Applies to

Notice of withdrawal of appearance

A certified legal intern’s appearance may be withdrawn by notice to the Court signed by the intern’s supervising attorney.

The appearance of a certified legal intern may be withdrawn upon notice to the Court, which shall be signed by the supervising attorney of the certified legal intern.

INFO

Applies to

Written documents and oral presentations

When referring to parties in same-gender relationships, the listed parent terms may be helpful, but their use is not mandatory.

When referring to parties in same-gender relationships, it may be helpful to use language such as “biological parent,” “adopting parent,” “birth parent,” and the like.

INFO

Applies to

Proposed order

The Court may require prevailing-party counsel to prepare a summary-judgment order, and such an order may include the specified T.R. 56(C) language.

The Court may require that the attorney for the prevailing party prepare a form of order on a motion for summary judgment in accordance with the provisions of T.R. 56. A proposed order on a motion for summary judgment may contain the language called for in T.R. 56(C) that there is not just reason for delay and directs entry of final judgment as to less than all the issues, claims, or parties.

INFO

Applies to

Pleadings

In marital dissolution and separation cases without children, pleadings may use the listed caption form.

All pleadings in marital dissolution and separation cases without children may be captioned, "In Re the Marriage of __________, Petitioner, or Husband or Wife, or Former Husband or Former Wife, and __________, Respondent, or Husband or Wife, or Former Husband or Former Wife."

INFO

Applies to

Pleadings

In dissolution and separation cases with a child under 18 at initial filing, pleadings may use the listed caption form.

All pleadings in marital dissolution and separation cases in which the parties have one or more children under the age of 18 on the date of the initial filing may be captioned, "In Re the Marriage of __________, Petitioner, Father, or Mother, and __________, Respondent, Mother, or Father."

INFO

Applies to

Caption and pleadings

Parents and their counsel are encouraged, but not required by this sentence, to use non-adversary language in family-case captions and pleadings.

Parents and counsel representing parents and grandparents in family cases are encouraged to use non-adversary language in case captioning and pleadings.

INFO

Applies to

Sale of exchange traded securities

A written appraisal is not required to sell securities traded on a recognized stock exchange, including stocks, bonds, and mutual funds.

No written appraisal shall be required for the sale of assets which are securities traded on a recognized stock exchange. Such assets include but are not limited to stocks, bonds, and mutual funds.

INFO

Applies to

Written documents and oral presentations

Using names may promote clarity, and first names may be appropriate when parties share a last name.

Use of names can also promote clarity, such as “Mr. Jones” and “Mx. Smith.” If the parties have the same last name, use of first names may be appropriate.

INFO

Applies to

Completed website work

The Court may ask parents to produce their completed website work, including Exercises and Agreed Commitments, at any hearing.

Parents may be asked by the Court to produce their completed website work (Exercises and Agreed Commitments) to any hearing.

INFO

Applies to

Affidavit of compliance

An affidavit of compliance with an estate proceeding’s creditor-notice requirements may be filed with the Clerk.

An affidavit of compliance with the notice requirements to creditors of an estate proceeding may be timely filed with the Clerk of the Court.