Starke County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Pre trial conference submission

When a pre-trial conference is scheduled, the parties must be prepared to address the listed disclosures, submissions, joint statements, and mediation discussion.

1.2 Requirements. When a PTC is scheduled, the parties shall be prepared to: (1) discuss and disclose the time required for the hearing; (2) disclose and exchange the names and addresses of all witnesses; (3) submit a joint inventory of property and debts to the Court; (4) jointly define, in writing, all issues to be decided by the Court at a hearing; (5) jointly define all agreed matters; (6) submit a Financial Declaration form for each party and a child support worksheet [if applicable]; (7) discuss mediation of the contested issues.

CRITICAL

Applies to

Plea agreement

Plea agreements must be written and signed by the defendant, counsel, and the Prosecuting Attorney or deputy.

Plea agreements must be in written form and signed by the defendant and counsel and the Prosecuting Attorney or his/her deputy.

CRITICAL

Applies to

Attorney fee request

A party seeking attorney fees from the opposing party must submit an appropriate affidavit, except when seeking fees provisionally.

When attorney fees, except those sought provisionally, are requested from the opposing party, the requesting party shall submit an appropriate affidavit, which the Court may admit as an exhibit.

CRITICAL

Applies to

Attorney fee affidavit

Any written fee contract must be attached to the attorney-fee affidavit and is deemed part of it.

A copy of the written fee contract, if any, shall be attached to the affidavit and be deemed a part thereof.

CRITICAL

Applies to

Parenting time guidelines deviation request

A party seeking a deviation must submit a written statement of reasons as part of the request.

Any party seeking a deviation shall submit to the Court as part of his or her request a written statement stating the reasons for the deviation.

CRITICAL

Applies to

Appearance form

An appearance form must comply with Indiana Trial Rule 3.1.

The appearance form shall comply with the requirements of Indiana Trial Rule 3.1.

CRITICAL

Applies to

Financial declaration form

Each party must attach to the Form reasonably required and reasonably available financial information, subject to the stated limits on what is reasonably available.

1.4 Supporting Documents. For the purposes of providing a full and complete verification of assets, liabilities and values, each party shall attach to the Form all information reasonably required and reasonably available. This shall include recent bills, wage and tax records, and bank, pension and year-end mortgage statements. “Reasonably available” means that material which may be obtained by letter accompanied with authorization, but does not mean material that must be subpoenaed or is in possession of the other party.

CRITICAL

Applies to

Child support guidelines worksheet

In child-support proceedings, each party must file the applicable child-support worksheets with any settlement or introduce them into evidence at trial.

In all proceedings involving child support, each party shall file with any settlement, or enter into evidence during any trial, Indiana Child Support Guidelines worksheets-one or more depending on the facts.

CRITICAL

Applies to

Routine or uncontested entry

Routine or uncontested entries, including those setting or continuing a hearing, must be submitted only on an entry form containing the concise substance of the entry.

Entries, either routine in nature or uncontested, including for example, those setting or continuing a hearing, shall be set out on an entry form only, which shall contain the concise substance of the entry.

CRITICAL

Applies to

Stipulation

Stipulations of facts or issues must be written, signed by all parties or their counsel and by the defendant personally, and approved by the Court.

All stipulations of facts and/or issues must be in writing, signed by all parties or their counsel, signed by the defendant personally, and approved by the Court.

CRITICAL

Applies to

Support settlement agreement

A support agreement deviating by at least ten percent from the Guidelines must be presented with a written justification and supporting documents.

If an agreement concerning support contains deviation ten percent (10%) or more from the Guidelines, the parties shall present to the Court a written explanation, with supporting documents, justifying the deviation.

CRITICAL

Applies to

Pre trial order

Counsel for the first named defendant must prepare the pre-trial order, counsel for all parties must execute it, and it must include the listed matters in the specified sequence.

Counsel for the first named defendant shall prepare a pre-trial order, which shall be executed by counsel for all parties and filed on or before the date of the Pre-Trial Conference. The pre-trial order shall set forth in the following sequence: (1) the jurisdiction of the Court; (2) the pleadings raising the issues; (3) a list of motions or other matters requiring action by the Court; (4) a concise statement of stipulated facts, with reservations, if any; (5) a concise statement of issues of fact which remain to be litigated; (6) a concise statement of issues of law which remain for determination by the Court; (7) the plaintiff’s contentions; (8) the defendant’s contentions; (9) the plaintiff’s numbered list of trial exhibits; (10) the defendant’s numbered list of trial exhibits; (11) the plaintiff’s numbered list of trial witnesses, with addresses. Expert witnesses shall be so designated; (12) the defendant’s numbered list of trial witnesses, with addresses. Expert witnesses shall be so designated; and (13) the estimated length of trial.

CRITICAL

Applies to

Proposed order

If there is a dispute about approval or additions to a proposed order, either attorney may submit a proposed form with a written explanation, and the other attorney has seven days to respond before the Court enters an order.

1.2 Additions. If the preparing attorney believes the receiving attorney is unreasonably withholding approval as to the form of the order, or it either attorney believes the other is attempting to make additions not addressed by the Court, either may submit a proposed form of order to the Court, and shall attach thereto a written explanation of the dispute. Either attorney shall have seven (7) days to respond before the Court enters any order. The Court may enter sanction against a party who has unreasonably withheld approval or attempted to make additions not addressed by the Court.

CRITICAL

Applies to

Notice of termination

If the Court issues the specified temporary restraining order while a protective order exists, a Notice of Termination must be completed and filed with the Clerk.

When the Court issues a temporary restraining order under I.C. 31-15-4-3 and a protective order exists under I.C. 34-26-2, et seq., a Notice of Termination of the protective order must be completed and filed with the Clerk of the Court.

CRITICAL

Applies to

Motion

A motion must be accompanied by a Chronological Case Summary.

It shall be accompanied by a Chronological Case Summary.

CRITICAL

Applies to

Filing

Must include

caption, case number

Every filing must include a caption stating the Court’s name, the action title, and the file or cause number.

Every filing shall contain a caption setting forth the name of the Court, the title of the action and the file or cause number.

CRITICAL

Applies to

Restraining or protective order

In the stated domestic relations cases, an issued restraining or protective order must address one person and may not be joint or mutual.

In all other domestic relations cases where a party seeks a Temporary Restraining Order and the Court determines that an Order shall be issued, such Order shall be addressed to one person. A joint or mutual restraining or protective order shall not be issued.

CRITICAL

Applies to

Continuance order

An order granting a continuance must identify which party moved for it.

All orders granting continuances shall indicate on which party’s motion the continuance is granted.

CRITICAL

Applies to

Chronological case summary

Chronological Case Summaries must state whether service will be by the Clerk or an alternate method and identify to whom and where copies should be sent.

Additionally, all Chronological Case Summaries shall indicate that service shall be by the Clerk, or any alternate method, and shall specifically indicate to whom and where the copies are to be sent.

CRITICAL

Applies to

Written notice of other pending proceedings

Moving parties must provide written notice of other pending legal proceedings involving either party or minor children, including the specified case and proceeding details.

The moving parties shall provide the Court with a written notice of all other pending legal proceedings in which either party or minor children are involved. The written notice shall include the case number, name and address for the Court, names of parties involved, and the nature of the legal proceeding.

CRITICAL

Applies to

Jury instructions

Each party must provide the Court Reporter with a disc containing all tendered jury instructions.

Additionally, each party must provide the Court Reporter with a disc containing all tendered instructions.

CRITICAL

Applies to

Child support order

When the Court enters an order creating or modifying child support, the parties must supply the Clerk with a Clerk’s Information Sheet.

Anytime the Court enters an order creating or modifying a child support order, the parties shall supply a Clerk’s Information Sheet to the Clerk of this Court.

CRITICAL

Applies to

Order of participation and referral

A pro se litigant must complete an original and four copies of the Order of Participation and Referral.

pro se litigant shall complete an original and four (4) copies of the Order of Participation and Referral.

CRITICAL

Applies to

Oral argument request

An oral-argument request must be a separate instrument filed with the pleading to be argued.

When an oral argument is requested, the request shall be made by separate instrument and filed with the pleading to be argued.

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem must submit a written report to the Court before the matter is heard.

Submit a written report of his or her finding to the Court prior to the matter being heard by the Court.

CRITICAL

Applies to

Jury instructions

Indiana Pattern Jury Instructions must be used when applicable.

Indiana Pattern Jury Instructions shall be used where applicable.

CRITICAL

Applies to

Financial declaration form

A final hearing will not be set until both parties file certificates of completion, unless good cause is shown.

Except for good cause shown, no final hearing will be set until both parties have filed certificates of completion.

WARNING

Applies to

Receipt

When exhibits or other materials are removed from the court reporter's custody, a detailed receipt must be left with the reporter and filed with the cause.

At the time of removal, a detailed receipt shall be left with the court reporter and filed with the cause.

WARNING

Applies to

Motion petition pleading or CCS entry

The moving party must state the time required for the hearing in the motion, petition, pleading, or CCS entry.

The moving party shall advise the Court of the time required for the hearing in the text of the motion, petition, pleading, or CCS entry.

WARNING

Applies to

Waiver of right

The Court may require a waiver of a right to be written, personally signed by the Defendant, and approved by the Court.

The Court may also require that the waiver of a right be in writing, signed by the Defendant personally, and approved by the Court.

WARNING

Applies to

Continuance stipulation

The Court may require the stipulation to continue the hearing of any pending matter to state with particularity the grounds for the continuance and be signed by all attorneys of record.

The Court may require the stipulation to continue the hearing of any pending matter to state with particularity the grounds for the continuance and be signed by all attorneys of record.

WARNING

Applies to

Hearing request

A party may request a hearing on a motion to correct error by filing a separate written request before the Court rules on the motion.

Any party may request a hearing upon a motion to correct error by filing a written request therefore by separate instrument at any time before the Court has ruled upon such motion.

WARNING

Applies to

Child support guidelines worksheet

Child-support worksheets must be promptly supplemented if information changes before the matter is resolved.

The worksheet(s) shall be promptly supplemented if any changes occur prior to resolution.

WARNING

Applies to

Appraisal

Appraisals are not required, but an appraisal that is obtained must be exchanged; the Court may order an appraisal and designate the appraiser.

Appraisals of real estate and pensions, or of personal property such as jewelry, antiques or special collections (stamps, coins or guns, for example), are not required. However, once an appraisal is obtained, it must be exchanged. Moreover, the Court may direct that an appraisal be obtained, and may designate the appraiser.

WARNING

Applies to

Motion for continuance

The Court may require a written continuance motion to be signed by the requesting party as well as the moving attorney.

The Court may require any written Motion for Continuance to be signed by the party requesting the continuance in addition to the signature of the attorney so moving.

INFO

Applies to

Attorney fee request

Attorney-fee awards may be based on evidence presented by affidavit or oral testimony at the hearing.

Attorney fees may be awarded based on evidence presented by affidavit or oral testimony at the hearing.

INFO

Applies to

Motion

A motion may be supported by an affidavit.

It may be supported by an affidavit.

INFO

Applies to

Settlement agreement

If the parties settle just before a hearing or trial and there is insufficient time to prepare a typewritten agreement, the Court may accept settlement evidence in handwritten form or on the record.

However, if the parties reach a settlement just prior to hearing or trial and there is insufficient time for the attorneys to prepare a typewritten agreement, then the Court may accept evidence of that settlement in handwritten form or on the record.

INFO

Applies to

Filing

The Court recommends the signature-block form shown in the document.

The following form is recommended:

INFO

Applies to

Contempt citation attorney fee request

For contempt-citation attorney fees, an attorney may submit the requested fee by affidavit or oral testimony, with an itemized statement permitted but not required; the submission is subject to cross-examination.

An attorney may submit the requested fee by affidavit or oral testimony, which may be accompanied by an itemized statement, all subject to cross-examination.