Sullivan County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- For motions to set a hearing or continue one, include dates at least 60 days in the future when the filing party is unavailable; a motion to continue must also state whether the other party agrees or objects and include the other party’s unavailable dates.
- If a party fails to file and exchange the Statement of Contested Issues five days before the contested hearing or trial, the Court may decide to proceed as scheduled or continue the matter for no more than 30 days or according to the Judge’s trial calendar.
Request must include
Document Filing Requirements9 rules
The order of appointment shall be filed in the court where the case originated.
The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.
The certification shall include a prepared order of appointment, as exhibited in Appendix A.
This pleading must be verified by the party submitting the same.
Court reporters must report transcript fees at least annually to the Division of State Court Administration using its prescribed forms.
Court's wording
(8) Each Court Reporter shall report, at least on an annual basis, all transcript fees received for preparation of either county indigent, state indigent, or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Division of State Court Administration.
The order of appointment shall constitute acceptance, and neither oath nor additional evidence of acceptance is required.
A proposed Child Support Worksheet should also be attached to the STATEMENT OF CONTESTED ISSUES.
A Senior Judge may elect to participate in District 19 special judge selection by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year indicating that the Senior Judge wishes to participate during the year.
The Statement of Contested Issues must address the specified income, expense, property, debt, and—if applicable—child-related issues, along with any other property, income, or expense explanation the party wants the Court to consider.
Court's wording
1. An itemized statement of the parties’ gross income from all sources per week. 2. An itemized statement of the parties’ expenses per week. 3. A list of all properties, real and personal, that the parties possessed at the time of separation along with the parties’ own value of each item. 4. A list of all properties, real and personal, that party is requesting the Court award to the Petitioner/Plaintiff, including the value of each item. 5. A list of all properties, real and personal, that the party is requesting the Court award to Respondent/Defendant, including the value of each item. 6. A list of all marital debts, including the balance of the debt, the name of the creditor, and the method of payment. 7. A list of the marital debts the party is requesting the Court Order the Petitioner/Plaintiff to assume, including the balance of the debt. 8. A list of the marital debts the party is requesting the Court Order the Respondent/Defendant to assume, including the balance of the debt. 9. If the parties have children, a statement regarding the parties’ position on the issues of custody, support, and visitation. 10. Any other statement/explanation of property, income, and/or expenses that the party wishes for the Court to consider during the course of the Contested Hearing/Trial.
Filing & Service rules
Filing Timing and Cure Windows
The written semi-annual report is due no more than ten days after the end of the first and third quarters of each calendar year.
The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.
Page 2 | LR77-TR79-1 Local Reassignment Rules for Civil Cases
In contested dissolution, contested post-dissolution modification, and other matters financially affecting the parties, the parties must file and exchange the Statement of Contested Issues no later than five days before the contested hearing or trial.
From this date forward, in all Contested Dissolution and Contested Post- Dissolution Modifications, or in any matter financially affecting the parties in the cause of action, the Court Orders the parties to file an exchange on or before five (5) days prior to the date of the Contested Hearing/Trial, a pleading entitled “STATEMENT OF CONTESTED ISSUES” which shall include the following information, as applicable:
Page 3 | LR77-FL00-1 Statement of Contested Issues
A Senior Judge who wishes to participate must submit the written petition no later than January 15 of that calendar year.
A Senior Judge may elect to participate in District 19 special judge selection by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year indicating that the Senior Judge wishes to participate during the year.
Page 2 | LR77-TR79-1 Local Reassignment Rules for Civil Cases
Filing Fees and Waivers
In the alternative that a party to a Dissolution Action claims financial hardship, the Courts have established an Alternative Dispute Resolution Fund Plan where in the Clerk is accessing a Twenty Dollar ($20.00) fee in all dissolution and juvenile paternity actions to be utilized primarily for indigent or low-income litigants, whether represented by counsel or not, to assist them in paying for the costs of parental counseling. The Courts have further established a Sliding Scale Fee Schedule that will be used to determine each litigant’s contribution towards the costs of Alternative Dispute Resolution. Those parties having the financial resources will be responsible for directly paying for the costs of parental counseling.
In the alternative that a party to a Dissolution Action claims financial hardship, the Courts have established an Alternative Dispute Resolution Fund Plan where in the Clerk is accessing a Twenty Dollar ($20.00) fee in all dissolution and juvenile paternity actions to be utilized primarily for indigent or low-income litigants, whether represented by counsel or not, to assist them in paying for the costs of parental counseling. The Courts have further established a Sliding Scale Fee Schedule that will be used to determine each litigant’s contribution towards the costs of Alternative Dispute Resolution. Those parties having the financial resources will be responsible for directly paying for the costs of parental counseling.
Page 5 | LR77-FL00-4 Parental Counseling
A $20 fee is assessed in all dissolution and juvenile paternity actions to help cover alternative dispute resolution costs, with contributions determined on a sliding scale and parties with financial resources paying directly.
In the event a party to a Juvenile Paternity Action or Dissolution Action claims financial hardship, the Courts have established an Alternative Dispute Resolution Fund Plan where in the Clerk is accessing a Twenty Dollar ($20.00) fee in all dissolution and juvenile paternity actions to be utilized primarily for indigent or low-income litigants, whether represented by counsel or not, to assist them in paying for the costs of Alternative Dispute Resolution. The Courts have further established a Sliding Scale Fee Schedule that will be used to determine each litigant’s contribution towards the costs of Alternative Dispute Resolution. Those parties having the financial resources will be responsible for directly paying for the costs of Alternative Dispute Resolution.
Page 5 | LR77-FL00-3 Alternative Dispute Resolution
A defendant who is not indigent and fails to timely pay court costs, a fine, or a civil penalty must pay a $25 late fee, which the court may suspend for good cause.
(1) If a Defendant is found, to have: (A) committed a crime; (B) violated a statute defining an infraction; (C) violated an ordinance of a municipal corporation; or (D) committed a delinquent act. (2) The defendant is required to pay: (A) court costs, including fees; (B) a fine; or (C) a civil penalty. (3) The defendant is not determined by the court imposing the court costs, fine, or civil penalty to be indigent. (4) The defendant fails to pay to the clerk the costs, fine, or civil penalty in full before the later of the following: (A) The end of the business day on which the court enters the conviction or judgment. (B) The end of the period specified in a payment schedule set for the payment of court costs, fines, and civil penalties under rules adopted for the operation of the court. The clerk of a court shall collect a late payment fee of twenty-five dollars ($ 25) from the Defendant. A court may suspend a late payment fee if the court finds that the plaintiff or defendant has demonstrated good cause for failure to make timely payment of the fee.
Page 7 | LR77-CR00-2 Late Payment Fee
Adjournment & Extension Requirements
For motions to set a hearing or continue one, include dates at least 60 days in the future when the filing party is unavailable; a motion to continue must also state whether the other party agrees or objects and include the other party’s unavailable dates.
In order to expedite the setting of hearings and to eliminate the need for motions to continue hearings in all civil matters, the Courts hereby Order that all “Motions to Set Hearing” and “Motions to Continue” include dates at least sixty (60) days in the future that the party filing said motions will not be available. Also, when filing “Motions to Continue”, the party requesting a continuance shall inform the Court whether the continuance is agreed to or objected to by the other party and include dates the opposing party is not available.
Page 3 | LR77-TR53.5-2 Motion for Continuances
If a party fails to file and exchange the Statement of Contested Issues five days before the contested hearing or trial, the Court may decide to proceed as scheduled or continue the matter for no more than 30 days or according to the Judge’s trial calendar.
In the event that the parties or a party fails to file and exchange a STATEMENT OF CONTESTED ISSUES five (5) days prior to the date of the Contested Hearing/Trial, the Court in its discretion, will decide whether this cause shall be heard at the Contested Hearing/Trial scheduled or continued for not more than thirty (30) days or in accordance to the Judge’s trial calendar.
Page 4 | LR77-FL00-1 Statement of Contested Issues