Starke County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Waiver of right

When a Defendant waives a right, the Court must record that the Defendant is present, was advised of the right, and waived it.

Whenever a Defendant waives a right the Court shall enter of record that the Defendant is present, and after having been advised of such right, waives the same.

CRITICAL

Applies to

Interrogatory response

The responding party must supply an oath or affirmation with the interrogatory answers.

The responding party shall type the requested answers in the space provided, as required by this Rule, shall supply the oath or affirmation, and shall serve the original and one copy upon propounding counsel.

CRITICAL

Applies to

Proposed order

Proposed forms of order must be submitted in enough copies for distribution to all parties.

All proposed forms of order shall be submitted in sufficient number that distribution may be made to all parties.

CRITICAL

Applies to

Waiver of counsel

A Defendant who waives the right to counsel must execute the waiver in writing and have it entered in the case record.

The Defendant may waive his or her right to counsel; however, such waiver must be executed in writing and entered in the record of proceedings in the case.

CRITICAL

Applies to

Financial declaration form

The Forms must be exchanged and supplemented when additional material becomes available, and other discovery may not begin until the exchange is complete.

1.6 Final Declaration-Mandatory Discovery. The exchange of Forms constitutes mandatory discovery. Thus, Indiana Rules of Trial Procedure, Rule 37 sanctions apply. Additionally, pursuant to Trial Rule 26(E)(2) and (3), the Form shall be supplemented if additional material becomes available. Further, any additional discovery such as a motion to produce interrogatories, or depositions of the parties shall not commence until the Forms are exchanged.

CRITICAL

Applies to

Request for stay

A defendant requesting a stay must supply the listed identifying, case, conviction, no-contact-order, and driver's-license information; a copy of the judgment and sentencing order is required only if available.

(1) Whenever requesting a stay, the Defendant shall supply the following information: (A suggested form for Request for Trial De Novo is attached in the Appendix). (a) Full name, address (both mailing and home), date of birth, and telephone number. (b) The Knox City Court case number or numbers. (c) If available, a copy of the Knox City Court judgment and sentencing order. (d) A statement or list of each misdemeanor conviction and the date of the offense. (e) Whether a no contact order was entered as part of the sentencing order or the original bond. (f) Whether there was an order restricting or suspending the Defendant’s driver’s license.

CRITICAL

Applies to

Income withholding order

The parties must submit a written Income Withholding Order in proceedings to create, modify, or enforce child support, and submit it with any related settlement decree, modification, or other Order.

In all proceedings involving the creation, modification or enforcement of child support, the parties shall submit a written Income Withholding Order, which Order shall be submitted with any settlement decree, modification, or other Order.

CRITICAL

Applies to

Order

Each counsel’s or self-represented litigant’s signature line on an order must state “Approval As To Form”; the signature confirms the order reflects the ruling, not necessarily agreement with it.

1.3 Signatures. The signature line for each counsel or pro se litigant shall indicate “Approval As To Form”. Such signature indicated that the order correctly reflects the Court’s ruling. It does not necessarily signify that the signing party or attorney agreed with that ruling.

CRITICAL

Applies to

Order or settlement

Orders and settlements submitted to the Court must include enough copies and an equal number of postage-paid addressed envelopes for mailing to each party or counsel of record.

All orders or settlements submitted to the Court shall be accompanied by a sufficient number of copies and the same number of postage paid addressed envelopes, so that a copy may be mailed to each party or counsel of record.

CRITICAL

Applies to

Jury instructions

If jury instructions have not been tendered, the party must bring preliminary and final instructions on the first day of trial.

If a party has not tendered its jury instructions, the party shall bring its preliminary and final instructions on the first day of trial.

CRITICAL

Applies to

Agreed entry

Any agreed entry under Indiana Trial Rule 7(B) must include a verified petition for modification.

A verified petition for modification shall be included with any agreed entry pursuant to Indiana Trial Rule 7(B).

CRITICAL

Applies to

Interrogatory response

Answers or objections to interrogatories under T.R. 31 or T.R. 33 must reproduce each interrogatory in full immediately before the corresponding answer or objection.

1.2 Answers and Objections. Answers or objections to interrogatories under T.R. 31 or T.R. 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objections.

CRITICAL

Applies to

Summons

The Jury Administrator must include a juror qualification questionnaire with the summons.

The Jury Administrator shall include a juror qualification questionnaire with the summons.

CRITICAL

Applies to

Appearance form

An attorney entering an appearance must file a written appearance form with the Court.

Every attorney entering an appearance on behalf of any party shall file with the Court a written appearance form

CRITICAL

Applies to

Notice of termination

When a protective order placed in the depository is terminated or expires, the party who obtained it must file a Notice of Termination with the Clerk.

When a protective order that was placed in the protective order depository is terminated or expires, the party obtaining the order must file a Notice of Termination of the protective order with the Clerk of the Court.

CRITICAL

Applies to

Proposed order

Attorneys directed to prepare decrees or orders must submit them to all other attorneys of record within 14 days and before submitting them to the Court.

1.1 Exchange. It shall be the duty of the parties’ attorneys to prepare decrees and other orders as directed by the Court. The attorney so directed shall first submit them to all other attorneys of record, within fourteen (14) days, to enable them to challenge any provision thereof, before submission to the Court for entry.

CRITICAL

Applies to

Motion for enlargement of time

A motion under this rule must state the response's current due date and the date to which the time is enlarged.

Any motion filed pursuant to this Rule shall state the date when such response is due and the date to which time is enlarged.

CRITICAL

Applies to

Withdrawal letter

A withdrawal letter must explain the possible consequences of failing to obtain new counsel and provide pertinent information, such as scheduled hearing or trial dates.

The letter of withdrawal shall explain to the client that failure to secure new counsel may result in dismissal of the client’s case or a default judgment may be entered against the client, whichever is appropriate, and other pertinent information such as any scheduled hearing date or trial date.

CRITICAL

Applies to

Videotaped deposition

A transcript of the testimony must accompany every videotaped deposition filed with the Court.

A transcript of the testimony elicited in the video tape shall accompany all video taped depositions filed with the Court.

CRITICAL

Applies to

Publication service request

A request for service by publication and a praecipe must be supported by an affidavit attesting to diligent search and the stated grounds for publication.

Whenever service is made by publication, the party seeking service shall submit to the Court a request for such service and a praecipe which shall be supported by an affidavit stating that a diligent search has been made and that the opposing party cannot be found, has concealed his/her whereabouts, or has left the state.

CRITICAL

Applies to

Appearance form

When a criminal proceeding commences, the Prosecuting Attorney must file an appearance form complying with Indiana Rule of Criminal Procedure 2.1.

1.1 State of Indiana. When a criminal proceeding is commences, the Prosecuting Attorney shall file an appearance form that complies with the requirements of Indiana Rule of Criminal Procedure 2.1.

CRITICAL

Applies to

Agreed matter

An agreed matter must be submitted with a signed agreement and any other appropriate documents.

No agreed matter shall be submitted unless accompanied by a signed agreement, and other appropriate documents, such as a decree, a wage-withholding order, or a Qualified Domestic Relations Order.

CRITICAL

Applies to

Temporary restraining order petition

In a family law matter, the Court may issue a TRO without a hearing or security if the moving party and counsel sign a verified petition alleging injury without an immediate order.

Subject to the provisions of T.R. 65, in all family law matters, the Court may issue a Temporary Restraining Order without hearing or security, if either party files a verified petition signed by the moving party and counsel alleging an injury would result to the moving party if no immediate order were issued.

CRITICAL

Applies to

Order after telephone argument

Any order issued after telephone argument must be reduced to writing and a copy sent to the parties.

but in either event, any order issued thereon shall be reduced to writing and a copy sent to the parties.

CRITICAL

Applies to

Motion

Motions must be signed by counsel of record or personally by the Defendant and, when signed by counsel, identify the attorney’s printed name, Indiana registration number, and firm name, address, and telephone number.

All motions shall be signed by an attorney of record, or the Defendant personally, and shall clearly identify the attorney’s printed name, their Indiana Attorney Registration Number, and the name, address and telephone number of the firm with which the attorney filing same is associated.

CRITICAL

Applies to

Financial declaration form

Each party must file a certificate of completion with the Court when serving that party’s Financial Declaration Form on the opposing party.

Each party shall file with the Court a certificate of completion at the time the respective Financial Declaration Form is served on the opposing party.

CRITICAL

Applies to

Appointment of guardian ad litem order

When a guardian ad litem is appointed, an Appointment of Guardian Ad Litem Order must be prepared and submitted for the Court’s approval.

Whenever a guardian ad litem is appointed, the Appointment of Guardian Ad Litem Order shall be prepared and submitted for approval of the Court.

CRITICAL

Applies to

Motion to insert or strike

Motions to insert new matter or strike pleading text must be written, quote each set of affected words verbatim, and list each set in a separately numbered specification, subject to T.R. 12(F).

Subject to T.R. 12(F) every motion to insert new matter or to strike out any part of any pleading in a cause shall be made in writing and shall set forth verbatim each set of words to be inserted or stricken. Each set of words to be inserted or stricken shall be designated in a separate specification, numbered consecutively.

CRITICAL

Applies to

Order

Orders submitted to the Court must include enough copies and an equal number of postage-paid addressed envelopes for each party or counsel of record; the Clerk retains the original and one copy.

1.4 Required Number of Copies. In all cases, it shall be the responsibility of the parties to make that all orders submitted to the Court shall be accompanied by a sufficient number of copies and the same number of postage paid addressed envelopes, so that a copy may be mailed to each party or counsel of record. The original and one copy of all orders shall be retained by the Clerk.

CRITICAL

Applies to

Protection order confidential form

Each moving party must provide a completed protection order Confidential Form and file another completed form if the TRO is modified or extended.

Each moving party shall provide the Court with a completed protection order Confidential Form. In the event the Temporary Restraining Order is modified or extended, the moving party shall again file a completed protection order Confidential Form.

CRITICAL

Applies to

Motion to reconsider

A motion to reconsider a court ruling on a motion must be in writing.

A motion to reconsider a ruling of the Court on any motion must be in writing

CRITICAL

Applies to

Withdrawal of appearance

Before permission to withdraw is given, the attorney must give the client ten days’ written notice of the intent to withdraw and file a copy with the Court.

Permission to withdraw shall be given only after the withdrawing attorney has given the attorney’s client ten (10) days written notice of the attorney’s intention to withdraw and has filed a copy of such with the Court.

CRITICAL

Applies to

Filing

Every filing after the original complaint must include two copies of an entry form containing the case title and number, date, and a precise entry identifying all filed documents for the Chronological Case Summary.

Every filing subsequent to the original complaint, shall be accompanied by an entry form, in duplicate, which shall contain the title and number of the case, the date, and the exact entry precisely delineating all documents filed which shall appear on the Chronological Case Summary.

CRITICAL

Applies to

Consolidation request

If the stated conditions apply, the Court must be presented with a petition and proposed order to consolidate the protective-order file with the dissolution or separation action.

When the Court has issued a protective order prior to the filing of the Petition for Dissolution or Legal Separation and no restraining order is requested in the dissolution or separation proceeding, the Court shall be presented with a petition and proposed order to consolidate the protective order file with the dissolution or separation action.

CRITICAL

Applies to

Request for trial de novo

A Request for Trial De Novo must comply with applicable Supreme Court Rules for Trial De Novo before the Clerk may accept or file it.

The Clerk of the Starke Circuit Court shall not accept or file a Request for Trial De Novo without there being compliance with applicable Supreme Court Rules for Trial De Novo.

CRITICAL

Applies to

Temporary restraining order petition

If both parties allege injury in the stated domestic relations cases, each must do so by a separate petition.

If both parties allege injury, they shall do so by separate petitions.

CRITICAL

Applies to

Motion

Counsel seeking to withdraw in a criminal action must move for leave and set a hearing time procured from the Judge’s staff.

Counsel desiring to withdraw appearance in any criminal action at any stage of the proceedings shall file a motion requesting leave to do so. Such motion shall fix a time (to be procured from the Judge’s staff) when such motion shall be heard.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be in writing and requires leave of Court.

All withdrawals of appearances shall be in writing and only by leave of Court.

CRITICAL

Applies to

Motion

The original motion must state its grounds and the relief or order sought.

The original shall state the grounds upon which the motion is made and set forth the relief or order sought.

CRITICAL

Applies to

Filing

Each filing must include the attorney’s written and typed signature, address, attorney number, telephone and fax numbers, and the party represented.

All filings shall contain the signature of the attorney in written and typed form, the attorney’s address, attorney number, telephone number, FAX number, and a designation of the party for whom the attorney appears.

CRITICAL

Applies to

Emergency custody request

A party requesting emergency custody must provide proof of the notification date and time and the name of the person who took the report.

The party requesting emergency custody must show proof of the date and time of notification of the Starke County Department of Child Services, and the name of the person taking the report.

CRITICAL

Applies to

Attorney fee affidavit

The attorney-fee affidavit must state the requested fee and its basis, amounts billed, contracted for, or promised, and amounts received from all sources.

The affidavit shall indicate the: (1) requested fee and the basis thereof; (2) amount counsel has billed, contracted for or been promised, and; (3) amount counsel has received from all sources.

CRITICAL

Applies to

Filing

The title of each filing must identify every topic included in it.

Titles on all filings shall delineate each topic included in the filing, e.g. where a filing contains an Answer, a Motion to Strike or Dismiss, and a Jury Request, each shall be set forth in the title.

CRITICAL

Applies to

No contact order

Before a stay becomes effective, the defendant must complete a copy of the No Contact Order and sign the Statement of Defendant.

Before any stay is effective the defendant shall fully complete a copy of the No Contact Order and sign the Statement of Defendant.

CRITICAL

Applies to

Proposed order

Proposed orders must be accompanied by enough copies and stamped, self-addressed envelopes for mailing to each party or counsel.

All such orders shall be accompanied with sufficient copies and stamped, self-addressed envelopes so that copies may be mailed to each party or counsel.

CRITICAL

Applies to

Case management order

The Court must enter a case management order setting discovery and motion deadlines, pre-trial scheduling, jury-instruction filing deadlines and format, ADR deadlines, and any other matters addressed by the parties or Court.

1.2 Case Management Order. At the conclusion of the case management conference, or if the Court chooses not to hold a case management conference, no sooner than 120 days after the filing of the complaint, the Court shall enter a case management order setting forth: (1) a time limit for completion of discovery; (2) a time limit for filing all pre-trial dispositive motions; (3) the scheduling of a pre-trial conference; (4) time limits for filing, and the format of proposed preliminary and final jury instructions and objections thereto; (5) time limit(s) for filing Motions in Limine; (6) time limit(s) for completion of Alternative Dispute Resolution (ADR) and filing any report required by the ADR rules; and (7) any other matters which the parties or the Court have seen fit to address.

CRITICAL

Applies to

Parenting time guidelines deviation

Any deviation from the Parenting Time Guidelines must be accompanied by a written explanation of why it is necessary or appropriate.

Any deviation from the Guidelines by either party or the Court must be accompanied by a written explanation indicating why the deviation is necessary or appropriate in that case.

CRITICAL

Applies to

Appearance form

When defense counsel first appears in a criminal case, counsel must file an appearance form complying with Indiana Rule of Criminal Procedure 2.1.

1.2 Defendant. When an attorney for the Defendant first appears in the criminal case, the defense attorney shall file an appearance form that complies with the requirements of Indiana Rule of Criminal Procedure 2.1.

CRITICAL

Applies to

Final dissolution hearing request

For parties with minor children, proof of completing the “Children in the Middle II” program is required before a final dissolution hearing is scheduled, unless good cause is shown.

No final dissolution hearing will be scheduled by the Court until the parties (with minor children) have shown proof of completion of the “Children in the Middle II” program, except for good cause shown to the Court.

CRITICAL

Applies to

Financial declaration form

A party or counsel who fails to timely prepare, exchange, or file the specified forms, or timely cooperate in providing related information, is subject to Trial Rule 37 sanctions.

1.1 Sanctions. If a party or counsel fails to timely prepare, exchange or file a Financial Declaration Form or Child Support Worksheet(s), or fails to cooperated in providing information relevant thereto in a timely manner, either is subject to sanctions under Trial Rule 37.