Tippecanoe County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- For an initial 30-day extension in a civil action to respond to a pleading or discovery request, the party must contact opposing counsel before the due date and either file a notice if there is no objection or counsel cannot be reached with due diligence, or file a motion describing efforts to obtain agreement if counsel objects.
- Other extension requests must be made by written motion unless made in open Court or at a conference, and the motion must state the efforts to obtain agreement if opposing counsel objects or state that there is no objection.
- Before requesting a continuance, the moving party must confer with the other parties about objections and mutually available rescheduling dates, and report objections and alternative dates in the motion.
- +3 more
Request must include
Document Format Requirements7 rules
After the initial hearing, motions to modify bail or other pretrial-release conditions must be presented to the court in writing.
Court's wording
After Initial Hearing: Once a judicial officer has set the amount of bail or other conditions of pre-trial release after the Initial Hearing, motions to modify the order shall be presented to the respective court in writing, and proper notice of the hearing shall be given to the parties and attorneys of record.
All summonses are to be prepared in triplicate with the original of each to be placed in the Court file with two copies available for service.
All papers presented for filing with the Clerk or Court shall be flat and unfolded.
All Orders submitted to the Court shall be in sufficient number so that the original and one copy may be retained by the clerk and a copy mailed to each party.
4. If the space provided is inadequate to fully provide a response you should include additional pages.
F. Securities: (Stocks, Bonds, Cryptocurrency, Bitcoin, Etc.) Use additional page if necessary.
4. If the space provided is inadequate to fully provide a response you should include additional pages.
Document Filing Requirements81 rules
The order appointing a guardian ad litem shall specify the guardian's hourly fee, the amount of the retainer, and the allocation of the guardian's fee between the parties.
Assigned counsel shall submit verified, itemized claims using units of time no larger than one-quarter hour, detailing the work for which they seek payment.
At the time of removal, a detailed receipt must be given to the court reporter by the party receiving and removing the evidence and the receipt will be made part of the court file.
A party who offers biologically contaminated or firearm evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Unless the Court directs otherwise, the moving party must furnish a proposed order for the listed motions and any other matter the Court directs.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The moving party, unless the Court directs otherwise, shall furnish the Court with proposed Orders in the following matters: motions for enlargement of time, for continuance, for default or default judgment, to compel discovery, for restraining order or injunction, for immediate possession of real estate or personal property, for appointment of receiver, for findings of fact and conclusions of law, for dismissal of an action, for judgment in a collection matter or mortgage or lien foreclosure, and in such other matters as the Court directs.
A motion to withdraw must be written and include an attached client notice explaining the case status, pending matters, and consequences of inaction or failing to obtain new counsel.
Court's wording
Motions to withdraw an appearance shall be in writing with an attached notice to the client of intention to withdraw. The notice to the client of the intention to withdraw shall include an explanation to the client of (i) the present status of the case; (ii) the dates of scheduled hearings or other pending matters in the case; and (iii) the potential consequences to the client’s case resulting from failure of the client to act promptly or to secure new counsel.
Any notice or motion filed pursuant to this rule shall state the date such response was initially due and the date on which the response will be due after the extension.
A verified motion concerning safety or flight is one basis for requesting a pre-initial-hearing deviation from the Bail Schedule; qualifying medical or mental health evidence is an alternative basis.
Court's wording
Before Initial Hearing: A judicial officer may deviate from the Bail Schedule, or order that the arrested person be held without bail until seen by a judicial officer, upon reviewing a verified motion concerning safety or flight, or upon evidence of medical or mental health need presented by the sheriff, arresting officer, attorney, and/or prosecutor.
A person released before trial must notify the respective court in writing of any address change within 48 hours.
Court's wording
Whether released after posting bond, or released on their own recognizance, the arrested person’s pre-trial release is conditioned upon maintaining good and lawful behavior, appearing in court for all court appearances, informing the respective court in writing of any change of address within 48 hours, not using or possessing illegal drugs or alcohol, and complying with all other conditions of pre-trial release set by a judicial officer.
Violations of any conditions of pre-trial release in this program shall be addressed by the filing of a written motion of the violation, prepared by any agency supervising the Defendant’s Pre-trial release, in the court where the Defendant’s case is pending.
A Rule 4 early-trial request must be written, and counsel of record must make it when the defendant is represented.
Court's wording
All requests for an early trial pursuant to Rule 4 of the Indiana Rules of Criminal Procedure must be made in writing and, if defendant is represented by counsel, must be made in writing by counsel of record.
Oral motions requesting an early trial pursuant to Rule 4 of the Indiana Rules of Criminal Procedure shall be denied if not also accompanied with an appropriate written motion as required herein.
In all respects, the notice shall comply with all statutory requirements.
All parties are required to prepare proposed orders for the Court’s consideration for all proceedings, unless otherwise directed by the Court.
Personal representatives and guardians must file an affidavit of qualifications describing the listed background and investigation information.
Court's wording
Personal representatives and guardians shall file an affidavit of qualifications, describing their education, employment, felony convictions, misdemeanor convictions related to the health or safety of others, along with any involvement with investigations by the Department of Child Services or Adult Protective Services.
Personal representatives and guardians shall file signed Instructions upon appointment.
A Guardianship Registry Information Sheet shall accompany all requests to establish guardianship.
The alleged protected person shall be present at the hearing or sufficient evidence shall be presented showing that notice of the hearing was given and that the alleged protected person is unable to safely appear in person or remotely.
If an estate cannot be closed within one year, the personal representative shall report to the Court the reasons therefore, and shall request an additional period of time necessary to close the estate.
An adult-incapacity guardianship requires a supporting medical report or other evidence, presented with the petition or on the hearing date; no particular form is required, but the report should describe relevant diagnosis and decision-making limitations.
Court's wording
In guardianship matters seeking to declare an adult incapacitated for any reason, a report or document from the treating physician, 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 other evidence clearly demonstrating the reasons supporting the need for a guardianship. Although the use of a specific form is not required, the physician’s report should include any relevant diagnosis and indicate whether the alleged protected person is partially or completely unable to make personal or financial decisions.
An inventory of property within a guardian’s control shall be filed within ninety (90) days after the guardian’s appointment or within thirty (30) days of the appointment of a temporary guardian.
A VERIFIED ACCOUNT of the guardian’s administration of finances shall be filed every two years, or sooner if directed by the Court. The verified account must include a recapitulation.
A current report on the protected person's physical and mental condition and residence must state whether living arrangements are appropriate; it remains required even if biennial verified accounts are waived.
Court's wording
A CURRENT REPORT regarding the protected person’s physical and mental condition and residence shall be filed every two years, or sooner if directed by the Court. The report must indicate whether the living arrangements for the protected person are appropriate. A current report is still required when the Court waives the requirement to file biennial verified accounts.
A petition to appoint a guardian of a minor's person must provide the child's current address, two-year residence and household history, known pending custody litigation, and known third-party custody or visitation claims.
Court's wording
In every petition for the appointment of a guardian of the person of a minor child, the following information shall be given: a. the child’s present address, b. the places where the child has lived within the past two years and the names and present addresses of persons with whom the child has lived during that period, c. whether, to Petitioner’s knowledge, any other litigation is pending concerning the custody of the child in this or any other state, and d. whether, to Petitioner’s knowledge, any person not a party to the guardianship proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child.
Other than for routine matters and unless permitted by law, the guardian shall obtain Court approval prior to taking any action on significant financial matters pertaining to carrying out the guardian’s duties and responsibilities for the protected person, including: a. Selling the protected person’s home or vehicles; b. Signing a contract for long-term residential care; and c. Gifting.
When an Application for Emergency Detention is granted, authorized inpatient facilities shall file a Report Following Emergency Detention upon discharge or transfer.
In dissolution and legal separation actions, each party must file a verified certification of website work and any required co-parenting class within 60 days of the initial filing.
Court's wording
To monitor compliance, within 60 days of the initial filing of an action for dissolution or separation, each party shall file a verified certification of their completion of the mandatory website work as required under FLR. 5, above, and of any co-parenting class as required under FLR. 6, above, a sample form of which is attached hereto as Appendix “A”.
An agreed parenting time plan below the Guidelines’ minimum must include a written explanation for the deviation; a plan exceeding the minimum does not require one.
Court's wording
Any parenting time plan submitted by agreement that provides for less than the minimum time allowed under the Indiana Parenting Time Guidelines must contain a written explanation for deviating from those guidelines. Agreed parenting plans that exceed the minimum time allowed under the Guidelines will not require a written explanation.
Each party in a paternity case must file a verified certification of website-work completion within 45 days of the court’s finding of paternity.
Court's wording
To monitor compliance, within 45 days of the court’s finding of paternity, each party shall file a verified certification of completion of the mandatory website work as required under FLR 5, above. A sample form is attached hereto as Appendix “B”.
All motions and pleadings other than the initial filings shall include a statement confirming compliance with items (1) through (3), above, including the date of the required personal or telephonic consultation; or shall recite the specific reasons for the lack of a consultation.
All requests for custody evaluations must be (1) in writing (2) certify that both parties and their counsel, if any, have engaged in at least one good faith attempt to resolve the issues through the use of a settlement conference or mediation.
Unless an agreed parenting plan has already been executed, each party must prepare and exchange a written proposal using Appendix C and continue trying to reach agreement.
Court's wording
Unless they have already executed an agreed parenting plan, the parties shall each prepare and exchange their written Parenting Plan Proposals utilizing the form which is attached hereto as Appendix “C”. Parents, personally and with the help of counsel and all useful counseling, mediation and other problem-solving resources, shall continue to attempt to reach an agreed parenting plan.
In cases where there is service, but no appearance by counsel, the initiating party is responsible for providing the other party with the appropriate blank Form and to notify that party of the duty to prepare and exchange the same.
Dissolution and separation cases must use the appropriate summons, substantially in the form of Appendix D or D-1.
Court's wording
A. Dissolution of Marriage and Legal Separation. In dissolution and separation cases, the appropriate summons shall be used and shall be substantially the same as the form(s) which attached hereto as Appendix “D” and “D-1”.
Whenever the initial filing is prepared by an attorney, the attorney shall also prepare and provide the client and the Clerk with a sufficient number of copies of the appropriate the Judges’ Notice as required herein. In cases filed by pro se parties, the Clerk shall provide the appropriate Judges’ Notice.
A request to enjoin abuse, harassment, or contact requires a separate petition and order, and a joint or mutual order may not be issued.
Court's wording
In the event a party seeks to enjoin the other from abusing, harassing, or otherwise contacting the other party or child of the marriage or relationship, a separate petition and order is required per Ind. Trial Rule 65(E). A joint or mutual order shall not be issued.
B. Paternity. In paternity cases, the summons shall be substantially the same as the form which is attached hereto as Appendix “E”.
Provided, however, when the proceeding is post-decree and only concerns a support arrearage, the alleged delinquent party shall complete the entire Post-Decree Form. The support recipient need only complete the portion which requires the basis of any arrearage calculation and attach appropriate supporting documentation, including County Clerk’s support payment history.
Each party must attach to the Financial Declaration Form all reasonably required and reasonably available information verifying assets, liabilities, and values, including the specified financial records; subpoenaed material and material held by the other party are not considered reasonably available.
Court's wording
C. 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 that may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed or is in the possession of the other party.
E. Mandatory Discovery. The exchange of Forms constitutes mandatory discovery.
Additionally, pursuant to Trial Rule 26(E) (2) and (3), the Form must be supplemented when additional material becomes available.
The Worksheets shall be promptly supplemented if any changes occur prior to resolution.
A copy of the written fee contract, if any, shall be attached to the affidavit and deemed a part thereof.
When seeking attorney fees from the opposing party, except provisionally, the requesting attorney must submit an affidavit stating the requested fee and basis, amounts billed, contracted for, or promised, and amounts received from all sources.
Court's wording
A. Affidavits. When attorney fees (except those sought provisionally) are requested from the opposing party, the requesting attorney shall submit an appropriate affidavit, which, if the affidavit comports with these rules, the court shall admit as an exhibit. B. Content. The affidavit shall indicate the: (1) requested fee and the basis thereof; (2) amounts counsel has billed, contracted for, or been promised; and, (3) amount counsel has received from all sources.
If the specified dispute over approval as to form or additions arises, either side may submit a proposed form to the court and must attach a written explanation of the dispute.
Court's wording
If the preparing attorney believes the other attorney or the other party, if the other party is proceeding pro se, is unreasonably withholding approval as to form, or if either believes the other is attempting to make additions not addressed by the court, either may submit a proposed form to the court and shall attach thereto a written explanation of the dispute.
C. Signatures. The signature line for counsel or pro se litigant shall indicate Approved As To Form. Such signature indicates that the order correctly reflects the court’s ruling. It does not necessarily signify that the signing party or attorney agrees with the ruling.
- Document
- Proposed order
- Placement
- Signature block
Must include
- •Approved As To Form
All Worksheets shall be signed by the party(ies) submitting the Worksheet.
Worksheet Required. In all proceedings involving children under the age of 19, each party shall file with any settlement or enter into evidence during any trial an Indiana Child Support Guidelines Worksheets (one or more depending upon the facts).
An agreed matter submission must be accompanied by a signed agreement and other appropriate documents.
Court's wording
No agreed matter shall be submitted unless accompanied with a signed agreement, and other appropriate documents, such as the decree, child support worksheet, a wage withholding order, or a qualified domestic relations order.
The dissolution-case certification states that the parent completed the FLR 5 website work and FLR 6 co-parenting class, attached certificates confirming both, and affirmed the representations under penalty of perjury.
Court's wording
The undersigned, as the (select: Mother/Father/Parent) in the within cause, does hereby certify that: 1. On (type date) I did complete the mandatory website work as required by FLR 5 and have attached hereto my certificate to confirm the same; and, 2. On (type date) I did complete a co-parenting class as required by FLR 6 and have attached hereto my certificate to confirm the same. I affirm under the penalties for perjury that the foregoing representations are true.
The paternity-case certification states that the parent completed the FLR 5 website work, attached a certificate confirming it, and affirmed the representation under penalty of perjury.
Court's wording
The undersigned, as the (select: Mother/Father/Parent) in the within cause, does hereby certify that: On (type date) I did complete the mandatory website work as required by the FLR 5 and have attached hereto my certificate to confirm the same. I affirm under the penalties for perjury that the foregoing representations are true.
Parties have an ongoing obligation to update this form as information becomes available.
3. You MUST include all documents requested in the CHEKLIST at the end of this form.
In All Cases Involving Child(ren) under 19 years of age, you MUST attach an Indiana Child Support Worksheet (with documentation of your income); or provide Worksheet within ten (10) days of the exchange of this Form with the other party. (See Indiana Child Support Guideline 6).
Use current fair market (not purchase) values!
Include estimated values of items below and whether property is owned by Husband (H), Wife (W) or Jointly (J).
Post High School Education Expense: If any child subject to this case is attending post high school classes or will attend within the next six (6) months, list the following information for each child.
G. Retirement Plans/Deferred Compensation/Pensions. Provide the following information for any plan and monthly amount you would be entitled to if you stopped work today.
If the declarant is represented by an attorney, the attorney must review the information and sign the certification consistent with Trial Rule 11.
Court's wording
ATTORNEY CERTIFICATION (If Declarant Represented by Attorney) I have reviewed with my client the foregoing information, including any valuations and attachments, and sign this certificate consistent with my obligation under Trial Rule 11 of the Indiana Rules of Procedure.
The person completing the form must include the declaration under penalty of perjury about the truth and completeness of the disclosures.
Court's wording
I declare, under the penalty of perjury, that the foregoing, including any valuations and attachments, is true and correct and that I have made a complete and absolute disclosure of all of my assets and liabilities. Furthermore, I understand that if, in the future, it is proven to this court that I have intentionally failed to disclosure any asset or liability, I may lose the asset and may be required to pay the liability. Finally, I acknowledge that sanctions may be imposed against me, including reasonable attorney’s fees and expenses incurred in the investigation, preparation and prosecution of any claim or action that proves my failure to disclose income, assets or liabilities.
IF DOCUMENTS ARE NOT AVAILABLE YOU MUST SUPPLEMENT THIS FORM AS SOON AS THEY BECOME AVAILABLE.
ATTACH THE FOLLOWING DOCUMENTS THAT SUPPORT THE NUMBERS AND VALUES PROVIDED ABOVE.
3. You MUST include all documents requested in the CHEKLIST at the end of this form. If documents are not available within 30 days, you should include a notation that the document is being obtained and exchange it as soon as reasonably possible. Parties have an ongoing obligation to update this form as information becomes available.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in Tippecanoe County, while other filers are encouraged to do so.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Do not file the financial declaration form with the court unless instructed to do so.
5. DO NOT file this with the court unless instructed to do so.
Page 53 | Appendix H
Filing Timing and Cure Windows
After learning that a case was filed in the wrong court, the prosecutor must move to transfer it within 14 days.
Upon learning that such a case has been filed in the wrong court, the prosecutor shall within 14 days move to transfer the case to the proper court.
Page 3 | A. ADMINISTRATIVE RULES
Signed Instructions must be filed upon appointment, and Letters will not issue until they are filed.
Personal representatives and guardians shall file signed Instructions upon appointment. No Letters or Administration or Letters of Guardianship will issue until the signed Instructions are filed.
Page 28 | LR79-PR-1. General Provisions
The required physician report or other evidence must be presented when the petition is filed or on the hearing date.
In guardianship matters seeking to declare an adult incapacitated for any reason, a report or document from the treating physician, 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.
Page 29 | LR79-PR-6. Guardianships.
The inventory is due within 90 days after a regular guardian's appointment or within 30 days after a temporary guardian's appointment.
An inventory of property within a guardian’s control shall be filed within ninety (90) days after the guardian’s appointment or within thirty (30) days of the appointment of a temporary guardian.
Page 30 | LR79-PR-6. Guardianships.
A current report must be filed every two years, or sooner if directed by the Court, and remains due even when biennial verified accounts are waived.
A CURRENT REPORT regarding the protected person’s physical and mental condition and residence shall be filed every two years, or sooner if directed by the Court. A current report is still required when the Court waives the requirement to file biennial verified accounts.
Page 30 | LR79-PR-6. Guardianships.
A verified account of the guardian's financial administration must be filed every two years, or sooner if the Court directs.
A VERIFIED ACCOUNT of the guardian’s administration of finances shall be filed every two years, or sooner if directed by the Court.
Page 30 | LR79-PR-6. Guardianships.
Each party in a dissolution or separation action must file the verified certification within 60 days of the initial filing.
To monitor compliance, within 60 days of the initial filing of an action for dissolution or separation, each party shall file a verified certification of their completion of the mandatory website work as required under FLR. 5, above, and of any co-parenting class as required under FLR. 6, above, a sample form of which is attached hereto as Appendix “A”.
Page 34 | LR 79-FL00-7(A)
Each party must file the verified certification within 45 days of the court’s finding of paternity.
To monitor compliance, within 45 days of the court’s finding of paternity, each party shall file a verified certification of completion of the mandatory website work as required under FLR 5, above. A sample form is attached hereto as Appendix “B”.
Page 34 | LR 79-FL00-7(B)
In the listed dissolution, separation, paternity, support-modification, and custody-modification matters, each party must prepare and exchange the appropriate Financial Declaration Form within 30 days after service on the respondent of the initial summons or modification petition.
In all Dissolutions of Marriage, Separations, Paternity, Modification of Support or Custody matters, irrespective of which court, each party shall prepare and exchange within 30 days of service upon Respondent of initial summons or modification petition, the appropriate Financial Declaration Form (see Appendix “I” and “J”).
Page 36 | LR 79-FL00-15 Financial Declaration Form
The other party has 7 days to respond before the court enters an order on the proposed form.
The other party shall have 7 days to respond before the court enters any order.
Page 38 | LR 79-FL00-17(B) Additions
For a courthouse-steps settlement, counsel must prepare and file the appropriate order within 21 days after submission, unless the court allows additional time.
However, if the parties reach a settlement on the courthouse steps, then the court shall accept evidence of that settlement on the record and enter the appropriate order upon preparation and filing by counsel within 21 days after submission, or such additional time as the court may allow.
Page 39 | LR 79-FL00-20 Agreed Matters - Submission
Alternatively, the Child Support Worksheet must be provided within ten days after this form is exchanged with the other party.
or provide Worksheet within ten (10) days of the exchange of this Form with the other party.
Page 62 | PART V CHILD SUPPORT WORKSHEET
Verification of the UpToParents.org work must be filed within 30 days; the starting event for that period is not stated.
a. Complete the work on www.UpToParents.org, and file verification within 30 days;
The completed Financial Declaration Forms and required attachments must be exchanged within 30 days from the date the Petition is filed.
You and your spouse must complete and exchange Financial Declaration Forms with all required attachments within 30 days from the date of filing of the Petition.
If no appearance is made, a final decree may be entered by default after 60 days from the filing of the Petition.
If you do not make such an appearance, a final decree could be entered by default which grants the relief sought in your spouse's Petition after the expiration of sixty (60) days from the date of the filing of the Petition.
Page 46 | APPENDIX D
A request to waive the home study report may be deferred until evidence is submitted at the final hearing.
A request to waive home study report may be deferred until evidence is submitted at the final hearing.
Page 30 | LR79-PR-7. Adoptions.
Service and Proof of Service Rules
The court must notify counsel of record and unrepresented parties that evidence will be destroyed within 45 days after notice unless timely retrieved.
In all cases, the court shall provide notice, by mail, electronic mail, or as otherwise provided, herein, to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed within 45 days from the date of notice if not timely retrieved.
Page 13 | 6. Notification and Disposition.
A party offering biologically contaminated or firearm evidence must serve the pretrial notice on all parties before trial.
A party who offers biologically contaminated or firearm evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 14 | 7. Biological Contaminated or Firearm Evidence.
Proper notice of the hearing on a motion to modify bail or pretrial-release conditions must be given to the parties and attorneys of record.
After Initial Hearing: Once a judicial officer has set the amount of bail or other conditions of pre-trial release after the Initial Hearing, motions to modify the order shall be presented to the respective court in writing, and proper notice of the hearing shall be given to the parties and attorneys of record.
Page 21 | 6. Deviations from Bond Schedule
Notice of a hearing on a petition to determine whether an estate is insolvent must be served on all interested parties.
Notice of the hearing to be held on a petition to determine if an estate is insolvent shall be served on all interested parties.
Page 28 | LR79-PR-2. Notice
Copies of petitions must be sent to interested parties along with every hearing notice.
Copies of petitions shall be sent to interested parties along with all notices of hearings.
Page 28 | LR79-PR-2. Notice
When publication or written notice is required, the attorney must prepare and ensure proper publication or service and provide adequate proof before bringing the matter to Court or as part of the proceeding.
Whenever notice by publication or written notice is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published or served. In all respects, the notice shall comply with all statutory requirements. It shall be the attorney’s responsibility to ascertain and provide adequate proof that notice was properly served prior to bringing a matter to Court or that notice will be properly served as part of any proceeding.
Page 28 | LR79-PR-2. Notice
Notice of an estate opening must be sent by First Class United States Mail to all reasonably ascertainable creditors.
Notice of the opening of an estate shall be sent by First Class United States Mail to all reasonably ascertainable creditors;
Page 28 | LR79-PR-2. Notice
When reasonably possible, the Child Support Guidelines Worksheets must be delivered to the other parent with the Financial Declaration Form, and in all events within 10 days after receiving the other parent’s Financial Form.
The Worksheet(s) shall, when reasonably possible, be delivered to the other parent simultaneously with the Financial Declaration Form, but, in any event, within 10 days of receiving the other parent’s Financial Form.
Page 38 | LR 79-FL00-16
When directed by the court to prepare a decree or other order, the attorney must first submit it to all other attorneys of record or any unrepresented party so they can challenge its provisions before it is submitted to the court.
A. 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 is first to submit them to all other attorneys of record or to the unrepresented party to enable them to challenge any provision thereof before submission to the court for entry.
Page 38 | LR 79-FL00-17(A) Exchange
For service by certified mail, provide a properly addressed envelope, labels, and return receipts; each receipt must show the cause number and be returnable to the Clerk at the Court's address.
If service is by certified mail a properly addressed envelope shall be provided for the party being served. Certified mail labels and return receipts must also be furnished for each mailing and the cause number must appear on each return receipt, which shall be returnable to the Clerk at the address of the Court.
Page 48 | PREPARATION DATA
The financial declaration form is mandatory discovery and must be exchanged between the parties within 30 days after service of summons on the Respondent, regardless of representation.
1. This form is mandatory discovery and must be exchanged between the parties within 30 days of service of summons upon the Respondent, whether represented by an attorney or not.
Page 53 | Appendix H
Exchange the form with the other party, but do not file it with the court unless instructed.
(Reminder: Exchange form with other party but DO NOT file with court unless instructed to do so)
Page 58 | Reminder
The financial declaration form must be exchanged between the parties within 30 days after service of summons or a post-decree motion, regardless of representation.
1. This form is mandatory discovery and must be exchanged between the parties within 30 days of service of summons or post-decree motion, whether represented by an attorney or not.
Page 60 | APPENDIX I
Exchange the form with the other party, but do not file it with the court unless instructed.
Reminder: Exchange form with other party but DO NOT file with court unless instructed to do so
Page 63 | PART VIII. VERIFICATIONS
The spouses must exchange the completed Financial Declaration Forms and required attachments within 30 days from the date the Petition is filed.
You and your spouse must complete and exchange Financial Declaration Forms with all required attachments within 30 days from the date of filing of the Petition.
If paternity is established, the parents must exchange Financial Declaration Forms with all required attachments.
B. Complete and exchange Financial Declaration Forms with all required attachments.
A movant who obtains a motion hearing date must promptly notify all adverse parties of the hearing date and time.
If the movant procures a date for hearing on a motion, the movant shall promptly give notice to all adverse parties of the date and time of such scheduled hearing.
Page 16 | B. TRIAL RULES; LR79-TR12-5. Motions
A claim for relief may need to be asserted in a written pleading filed with the Clerk and served on the spouse's attorney.
You are not required to file any written Answer to respond to the Petition; however, certain grounds for dismissal must be asserted in a timely fashion or are waived; and, if you have a claim for relief against your spouse you may be required to assert such a claim in a written pleading which must be filed with the Clerk and served on your spouse's attorney.
Page 46 | APPENDIX D
To receive notice of further proceedings, file a written appearance with the Clerk and serve a copy on your spouse's attorney.
If you do not file a written appearance with the Clerk and serve a copy on your spouse's attorney, you may not receive notice of any further proceedings in this action.
Page 46 | APPENDIX D
A claim for relief against the petitioner may need to be asserted in a written pleading filed with the Clerk and served on the listed attorney.
and, if you have a claim for relief against the person who filed the Petition, you may be required to assert such a claim in a written pleading which must be filed with the Clerk and served upon the attorney whose name and address is set forth at the bottom of this page.
Page 49 | SUMMONS AND NOTICE OF INITIAL HEARING IN A PATERNITY CASE
File a written appearance with the Clerk and serve a copy on the listed attorney to avoid possibly missing notice of further proceedings.
If you do not file a written appearance with the Clerk and serve a copy on the attorney whose name and address is set forth at the bottom of this page, you may not receive notice of any further proceedings in this action.
Page 49 | SUMMONS AND NOTICE OF INITIAL HEARING IN A PATERNITY CASE
Use of certified mail, return receipt requested, to serve estate-opening notice is recommended.
however, the use of certified mail, return receipt requested, to serve such notice is recommended.
Page 28 | LR79-PR-2. Notice
The summons form designates service by Sheriff or, alternatively, by CMRRR, a private server, or another method.
The following manner of service is designated: Sheriff (or CMRRR, or Private Server etc.)
Page 49 | SUMMONS AND NOTICE OF INITIAL HEARING IN A PATERNITY CASE
Filing Fees and Waivers
Petitions to expunge records under I.C. 35-38-9-1 shall be filed in the court in which the charges were filed under a new expungement (XP) cause without the payment of court costs, and if no charges were filed or the petition includes Section 1 requests from multiple courts, then said petitions shall be filed in Tippecanoe Superior Court No. 2 under a new expungement (XP) cause without the payment of court costs.
Petitions to expunge records under I.C. 35-38-9-1 shall be filed in the court in which the charges were filed under a new expungement (XP) cause without the payment of court costs, and if no charges were filed or the petition includes Section 1 requests from multiple courts, then said petitions shall be filed in Tippecanoe Superior Court No. 2 under a new expungement (XP) cause without the payment of court costs.
Page 5 | Expungements
All other Petitions for Specialized Driving Privileges require filing fees.
All other Petitions for Specialized Driving Privileges shall be filed in Superior Court No. 6 under an MI cause number with payment of filing fees.
Page 5 | Petitions for Specialized Driving Privileges
Petitions for Specialized Driving Privileges seeking to stay a court-ordered suspension require filing fees.
Petitions for Specialized Driving Privileges seeking to stay a court ordered driver’s license suspension shall be filed in the court that imposed the driver’s license suspension under an MI cause number with payment of filing fees.
Page 5 | Petitions for Specialized Driving Privileges
JM Collaborative Care cases are filed without filing fees.
JM cases involving Collaborative Care under I.C. 31-28-5.8 shall be filed in Tippecanoe Superior Court No. 3 without payment of filing fees.
Page 6 | 4. Juvenile
Waiver-of-parental-consent petitions do not require filing fees.
JM cases involving Petitions for Waiver of Parental Consent to Abortion under I.C. 16-34-2-4 shall be filed in Tippecanoe Superior Court No. 3 as a confidential case without payment of filing fees.
Page 6 | 4. Juvenile
Minor-approval-to-marry petitions require payment of civil filing fees.
MI cases involving Petitions for Order Granting Minor Approval to Marry under I.C. 31-11-1-7 shall be filed as a confidential case in Tippecanoe Superior Court No. 3 with payment of civil filing fees.
Page 6 | 4. Juvenile
Petitions to expunge court records concerning a delinquent child or a child in need of services under I.C. 31-39-8 shall be filed in Tippecanoe Superior Court No. 3 in the original cause without payment of filing fees.
Petitions to expunge court records concerning a delinquent child or a child in need of services under I.C. 31-39-8 shall be filed in Tippecanoe Superior Court No. 3 in the original cause without payment of filing fees.
Page 7
Petitions to expunge juvenile delinquency records are filed in the original cause without filing fees.
Petitions to expunge juvenile delinquency records under I.C. 35-38-9-1 shall be filed in the original cause without payment of filing fees.
Page 7
Petitions to expunge substantiated Department of Child Services reports must be filed with payment of filing fees.
Petitions to expunge substantiated reports of the Department of Child Services under I.C. 31-33-27-5 shall be filed in Tippecanoe Superior Court No. 3 under a JM cause with payment of filing fees.
Page 7
Petitions to expunge juvenile delinquency arrests without an existing case are filed without filing fees.
Petitions to expunge juvenile delinquency arrests under I.C. 35-38-9-1, without an existing juvenile delinquency case, shall be filed in Tippecanoe Superior Court No. 3 under a JM cause without payment of filing fees.
Page 7
Private transcripts are capped at $5.00 per page, invoiced directly to the requester, and require a deposit equal to the estimated work.
The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $5.00. The court reporter shall submit the invoice for private transcripts directly to the attorney or party requesting the transcription. A deposit in the amount of the estimated work shall be required from the attorney or party making a private transcript request.
Page 9 | 2. Salaries and Per Page Fees
A transcript requested within 5 days is limited to 150 pages and costs $7.50 per page.
Request for expedited transcript to be prepared within 5 days must be limited to 150 pages and shall be charged at a rate of $7.50 per page.
Page 9 | 2. Salaries and Per Page Fees
A transcript requested within 24 hours is limited to 50 pages and costs $8.50 per page.
Request for expedited transcript to be prepared within 24 hours must be limited to 50 pages and shall be charged at the rate of $8.50 per page.
Page 9 | 2. Salaries and Per Page Fees
A court reporter may charge no more than $5.00 per page to prepare a state indigent transcript.
The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $5.00.
Page 9 | 2. Salaries and Per Page Fees
A court reporter may charge no more than $5.00 per page to prepare a county indigent transcript.
The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $5.00.
Page 9 | 2. Salaries and Per Page Fees
A transcript request exceeding 150 pages and due within 15 days is expedited and costs $10.00 per page.
Any request over 150 pages to be completed within 15 days shall be considered expedited and shall be charged at the rate of $10.00 per page.
Page 9 | 2. Salaries and Per Page Fees
An additional labor charge of $25.00 may be assessed for preparation of each volume and or binder which includes the cost of all office supplies and electronic submission if required.
An additional labor charge of $25.00 may be assessed for preparation of each volume and or binder which includes the cost of all office supplies and electronic submission if required.
Page 9 | 2. Salaries and Per Page Fees
Additional copies of state indigent or private transcripts are capped at $1.00 per page.
The maximum per page fee a court reporter may charge for additional copies of a transcript (state indigent or private) shall be $1.00.
Page 10 | 2. Salaries and Per Page Fees
A late fee of up to $25.00 may be assessed on a private-pay transcript if payment is not made within 10 days after the Notice of Filing of Transcript.
A late fee of up to $25.00 may be assessed against any private pay transcript in the event payment is not made within 10 days from the date of the Notice of Filing of Transcript.
Page 10 | 2. Salaries and Per Page Fees
The originating judge may approve other expedited transcript rates.
Any other expedited rates may be approved by the Judge of the Court in which the proceeding originates.
Page 9 | 2. Salaries and Per Page Fees
Court costs must be paid for the listed conviction-expungement petitions when the petition requests expungement of at least one conviction.
Petitions to expunge misdemeanor convictions under I.C. 35-38-9-2, Class D or Level 6 felony convictions under I.C. 35-38-9-3, less serious felony convictions under I.C. 35-38-9-4, and certain serious felony convictions under I.C. 35-38-9-5 shall be filed under a new expungement (XP) cause with the payment of court costs. Said petitions shall be filed in the court in which conviction was entered, unless the petition seeks to expunge causes from multiple courts, then the petition shall be filed in Tippecanoe Superior Court No. 2. The payment of court costs is required so long as the petition includes a request to expunge at least one conviction.
Page 5 | Expungements
Sealing & Redaction Procedures
Minor-approval-to-marry petitions must be filed as confidential cases and require civil filing fees.
MI cases involving Petitions for Order Granting Minor Approval to Marry under I.C. 31-11-1-7 shall be filed as a confidential case in Tippecanoe Superior Court No. 3 with payment of civil filing fees.
Page 6 | 4. Juvenile
Waiver-of-parental-consent petitions must be filed as confidential cases without filing fees.
JM cases involving Petitions for Waiver of Parental Consent to Abortion under I.C. 16-34-2-4 shall be filed in Tippecanoe Superior Court No. 3 as a confidential case without payment of filing fees.
Page 6 | 4. Juvenile
The Risk Report may be accessed by the parties but not by the public.
Said report shall be discoverable to the parties but shall not be accessible to the public.
Page 23 | b. Screening Procedure
Screening tools must be maintained by Tippecanoe County Community Corrections and may not be disclosed to the parties without a court order; they may be destroyed one year after the Defendant’s release, consistent with the stated retention schedule.
The screening tools administered to the Eligible Defendants outlined herein shall not be disclosed to the parties without a court order, shall be maintained by Tippecanoe County Community Corrections, and may be destroyed one (1) year after the Defendant’s release from the Pre- Trial Program consistent with the retention schedule for records related to Work Release and/or Home Detention.
Page 23 | c. Admissibility
Probate filings are generally public; unnecessary personal information need not be included unless required by law or circumstances, and required confidential information must be handled under Indiana Access to Court Records Rule 5.
Most probate actions, except MH and AD cases, are matters of public record and the files thereof are open to review by the general public, subject to excluded and confidential information. Unless required by law or dictated by circumstances of the case, filings with the court need not include dates of birth, social security numbers, or other information which is not necessary for probate administration. If confidential information is required, the parties shall comply with Ind. Access to Court Records, Rule 5.
Page 29 | LR79-PR-4. Confidentiality.
The court may order admitted forms sealed upon motion when privacy requires, but sealing requests should not be routine; sealed forms must be placed flat in a sufficiently sized envelope with a copy of the order, and may be withdrawn at the case’s conclusion on court-approved terms.
D. Privacy/Sealing of Forms. A court may, upon motion, order the admitted forms be sealed whenever the interest of privacy so requires. However, such requests shall not be made as a matter of course. When ordered sealed, the Court Reporter shall place the Forms in a flat manner in an envelope of sufficient size, seal the envelope, and affix a copy of the order. Forms may be withdrawn at the conclusion of the case on such terms as the court allows.
Page 37 | D. Privacy/Sealing of Forms
Pre-Motion Conference Requirements
For the covered motions, an adverse party has 15 days after service to respond and the moving party has 7 days to reply, unless the Indiana Rules of Trial Procedure govern otherwise; the Court may change the periods, and untimely papers subject the motion to summary ruling.
This rule shall apply to motions under Trial Rule 12, contested motions to continue hearings or trials, discovery motions, and any other contested motions. Briefs and Memoranda. Unless the procedure for a motion is governed otherwise by the Indiana Rules of Trial Procedure, an adverse party shall have fifteen (15) days after service of a motion in which to file a response, and the moving party shall have seven (7) days in which to file a reply. The court may in its discretion shorten or lengthen the time for a response or a reply. Failure to file a response or reply within the prescribed time shall subject such motions to summary ruling. Any party may request the court hold a hearing on a motion.
Page 16 | B. TRIAL RULES; LR79-TR12-5. Motions
The court may not grant or order a custody evaluation until a status conference with both parties and any attorneys, after the court is satisfied that all listed prerequisites have been completed or considered.
The court will not grant a request for or otherwise order a custody evaluation except following a Status Conference in the presence of both parties and their attorneys, if any, during which the court has been satisfied that: A. both parties have completed the mandatory website work pursuant to FLR 6, above; and, B. both parents have completed any required co-parenting class pursuant to FLR 7, above; and, C. both parties have exchanged Parenting Plan Proposals pursuant to FLR 8, above; and, D. both parties and their attorneys, if any, have engaged in at least one good faith attempt to resolve the issues through the use of a settlement conference or consultation pursuant to FLR 9, above; and, E. the court has carefully considered and reviewed, with both parties and their attorneys, if any, the use of other resources.
Page 35 | LR 79-FL00-10 Requirements before Custody Evaluations
Before filing or seeking other court relief, counsel and self-represented parties must consult personally or by telephone, subject to stated exceptions; electronic communication is not preferred, and the duty continues.
Except in emergencies or when it might create a danger or substantial prejudice or is otherwise unreasonable to do so, counsel and pro se parties shall have a personal or telephonic consultation to resolve any issue before filing or seeking any other relief through the court. (electronic communication such as email or texts are not preferred). Counsel and pro se parties contacted for a consultation shall make themselves reasonably available for consultation. The duty of consultation shall be continuing.
Page 35 | LR 79-FL00-9(A) Duties Regarding Consultation
During consultation, the parties must attempt to resolve disputed matters, confirm compliance with specified family-law rules, and discuss resources for resolving issues and building cooperation.
In the consultation, counsel and pro se parties shall: (1) attempt to resolve all matters at issue; (2) confirm the parties’ compliance with FLR 5, FLR 6, FLR 7 and FLR 8; and, (3) discuss the resources they believe the parents could use to resolve current and future issues and to build cooperation.
Page 35 | LR 79-FL00-9(B) Substance of Consultation
Adjournment & Extension Requirements
For an initial 30-day extension in a civil action to respond to a pleading or discovery request, the party must contact opposing counsel before the due date and either file a notice if there is no objection or counsel cannot be reached with due diligence, or file a motion describing efforts to obtain agreement if counsel objects.
In a civil action where a party desires an initial 30 – day extension of time to file a responsive pleading or to respond to a discovery request, the party shall contact opposing counsel before the due date and solicit agreement to the extension. If there is no objection or opposing counsel cannot with due diligence be reached, the party seeking the extension shall file a notice with the Court reciting the lack of objection to the extension or that opposing counsel could not with due diligence be reached. No further filings with the Court nor action by the Court shall be required for the extension. If opposing counsel objects to the request for extension, the party seeking the extension shall file a formal motion for such extension and shall recite in the motion the efforts to obtain agreement.
Page 15 | B. TRIAL RULES; LR79-TR6-3. Extensions of Time
Other extension requests must be made by written motion unless made in open Court or at a conference, and the motion must state the efforts to obtain agreement if opposing counsel objects or state that there is no objection.
Any other request for an extension of time, unless made in open Court or at a conference, shall be made by written motion. If opposing counsel objects to the request for extension, the party seeking the extension shall recite in the motion the effort to obtain agreement; or recite that there is no objection.
Page 15 | B. TRIAL RULES; LR79-TR6-3. Extensions of Time
Before requesting a continuance, the moving party must confer with the other parties about objections and mutually available rescheduling dates, and report objections and alternative dates in the motion.
Before requesting a continuance of a matter, the moving party shall confer with the other parties to determine any objections and dates for rescheduling when all parties are available. Such objections and alternative dates shall be reported in the motion for continuance.
Page 16 | B. TRIAL RULES; LR79-TR7-4. Continuances
The personal representative must request additional time to close an estate that cannot be closed within one year and report the reason for the request.
If an estate cannot be closed within one year, the personal representative shall report to the Court the reasons therefore, and shall request an additional period of time necessary to close the estate.
Page 29 | LR79-PR-5. Estates.
The court may extend or shorten the Financial Declaration Form deadlines by order for good cause.
These time limits may be extended or shortened by court order for good cause.
Page 36 | LR 79-FL00-15 Financial Declaration Form
The court may allow additional time beyond the 21-day deadline for counsel to prepare and file the appropriate order.
However, if the parties reach a settlement on the courthouse steps, then the court shall accept evidence of that settlement on the record and enter the appropriate order upon preparation and filing by counsel within 21 days after submission, or such additional time as the court may allow.
Page 39 | LR 79-FL00-20 Agreed Matters - Submission
Chambers Communication Rules
Counsel and parties must keep the Court informed of their current addresses; notice to the last current address is sufficient.
Counsel and parties have the duty to keep the Court informed of their current addresses and notice to the last current address shall be sufficient.
Page 13 | 6. Notification and Disposition.
A party or attorney may request a telephone or video hearing within five days after receiving notice of a motion hearing.
Within five (5) days after receipt of notice of hearing on a motion, any party or attorney may request that the Court conduct the hearing by telephone/video conference with the Court.
Page 16 | B. TRIAL RULES; LR79-TR73-7. Telephone/Video Conferencing
If the Court sets a hearing as a telephone conference, the requesting party must arrange and place the call unless the Court orders otherwise.
If the Court sets the hearing for telephone conference, the party requesting the telephone conference shall arrange and place the call, unless otherwise ordered by the Court.
Page 16 | B. TRIAL RULES; LR79-TR73-7. Telephone/Video Conferencing
Use the county website or court-and-clerk directory to find contact information, and contact the local court directly with the listed questions.
For local court contact information, visit the county's official website or see our directory of courts and clerks. Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Tippecanoe County
The Court encourages telephone or video conferencing for motion hearings, pretrial and status conferences, and other matters reasonably suited to those formats.
To expedite the Court’s business, the Court encourages telephone/video conferencing for the hearing of motions, for pre-trial and status conferences, and for other matters which may reasonably be conducted by telephone/video.
Page 16 | B. TRIAL RULES; LR79-TR73-7. Telephone/Video Conferencing
The Court issues all video-conference invitations.
The Court shall issue all video conference invitations.
Page 16 | B. TRIAL RULES; LR79-TR73-7. Telephone/Video Conferencing
Attorneys may contact the Probate Commissioner to coordinate scheduling.
Attorneys may contact the Probate Commissioner to coordinate scheduling.
Page 28 | LR79-PR-1. General Provisions