Tippecanoe County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Financial disclosure form

In cases involving a child under 19, attach an Indiana Child Support Worksheet with income documentation or provide the worksheet within ten days after exchanging the form with the other party.

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).

CRITICAL

Applies to

Notice

Notices must comply with all statutory requirements.

In all respects, the notice shall comply with all statutory requirements.

CRITICAL

Applies to

Proposed order

Must include

proposed order

All parties must prepare proposed orders for all proceedings unless the Court directs otherwise.

All parties are required to prepare proposed orders for the Court’s consideration for all proceedings, unless otherwise directed by the Court.

CRITICAL

Applies to

Paternity case compliance certificate

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.

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.

CRITICAL

Applies to

Attorney certification

If the declarant is represented by an attorney, the attorney must review the information and sign the certification consistent with Trial Rule 11.

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.

CRITICAL

Applies to

Written motion

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.

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.

CRITICAL

Applies to

Post decree form

In a post-decree proceeding concerning only a support arrearage, the alleged delinquent party must complete the entire Post-Decree Form, while the support recipient completes the arrearage-calculation portion and attaches supporting documentation, including the County Clerk’s payment history.

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.

CRITICAL

Applies to

Early trial request

A Rule 4 early-trial request must be written, and counsel of record must make it when the defendant is represented.

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.

CRITICAL

Applies to

Arrearage computation

If a case involves a support or other arrearage claim, attach all payment-history records or exhibits, calculate the arrearage as of the filing date of the petition or motion raising it, and explain the calculation in detail.

If case involves a claim of a support or other arrearage, attach all records or other exhibits regarding payment history and compute the arrearage as of the date of the filing of the petition or motion which raises that issue. Explain in detail how arrearage is calculated.

CRITICAL

Applies to

Motion or pleading

Every motion and pleading other than an initial filing must state compliance with the consultation requirements and its date, or give the specific reasons consultation did not occur.

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.

CRITICAL

Applies to

Financial declaration form

The form must include all checklist documents; if a document is unavailable within 30 days, the filer should note that it is being obtained and exchange it as soon as reasonably possible, and parties must update the form as information becomes available.

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.

CRITICAL

Applies to

Affidavit of qualifications

Personal representatives and guardians must file an affidavit of qualifications describing the listed background and investigation information.

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.

CRITICAL

Applies to

Guardianship request

Every request to establish a guardianship must include a Guardianship Registry Information Sheet.

A Guardianship Registry Information Sheet shall accompany all requests to establish guardianship.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated or firearm evidence must file a pretrial notice with the trial court and serve 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.

CRITICAL

Applies to

Financial declaration form

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.

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.

CRITICAL

Applies to

Financial disclosure form

The person completing the form must include the declaration under penalty of perjury about the truth and completeness of the disclosures.

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.

CRITICAL

Applies to

Child support guidelines worksheet

Child Support Guidelines Worksheets must be promptly supplemented if changes occur before resolution.

The Worksheets shall be promptly supplemented if any changes occur prior to resolution.

CRITICAL

Applies to

Change of address notice

A person released before trial must notify the respective court in writing of any address change within 48 hours.

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.

CRITICAL

Applies to

Financial declaration form

Parties must continue updating the form as information becomes available.

Parties have an ongoing obligation to update this form as information becomes available.

CRITICAL

Applies to

Guardianship inventory

A guardian must file an inventory of controlled property within 90 days of appointment, or within 30 days of appointment as a temporary guardian.

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.

CRITICAL

Applies to

Evidence removal receipt

The party removing evidence must give the court reporter a detailed receipt at removal, and the receipt becomes part of the court file.

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.

CRITICAL

Applies to

Financial declaration form

The parties’ exchange of Financial Declaration Forms constitutes mandatory discovery.

E. Mandatory Discovery. The exchange of Forms constitutes mandatory discovery.

CRITICAL

Applies to

Early trial motion

An oral Rule 4 early-trial motion must be accompanied by an appropriate written motion or it will be denied.

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.

CRITICAL

Applies to

Financial disclosure form

For each retirement, deferred-compensation, or pension plan, provide the requested plan information and the monthly amount payable if work stopped today.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Financial declaration form

If service has occurred but counsel has not appeared, the initiating party must provide the other party with the appropriate blank Financial Declaration Form and notify them of the duty to prepare and exchange it.

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.

CRITICAL

Applies to

Marital assets disclosure

Use current fair-market values, not purchase prices, for the listed marital assets.

Use current fair market (not purchase) values!

CRITICAL

Applies to

Marital assets disclosure

The marital-assets disclosure must give estimated values for the listed items and identify whether each is owned by the husband, wife, or jointly.

Include estimated values of items below and whether property is owned by Husband (H), Wife (W) or Jointly (J).

CRITICAL

Applies to

Attorney fee affidavit

If a written fee contract exists, a copy 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 deemed a part thereof.

CRITICAL

Applies to

Verified certification

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.

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”.

CRITICAL

Applies to

Parenting time plan

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.

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.

CRITICAL

Applies to

Verified account

A guardian must file a verified account of financial administration every two years, or sooner if directed by the Court, and include a recapitulation.

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.

CRITICAL

Applies to

Attorney fee affidavit

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.

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.

CRITICAL

Applies to

Summons

Dissolution and separation cases must use the appropriate summons, substantially in the form of Appendix D or D-1.

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”.

CRITICAL

Applies to

Instructions

Personal representatives and guardians must file signed Instructions upon appointment.

Personal representatives and guardians shall file signed Instructions upon appointment.

CRITICAL

Applies to

Guardian ad litem appointment order

An order appointing a guardian ad litem must specify the hourly fee, retainer amount, and allocation of the fee between the parties.

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.

CRITICAL

Applies to

Proposed order

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.

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.

CRITICAL

Applies to

Form

YOU MUST ATTACH THE FOLLOWING DOCUMENTS THAT SUPPORT THE NUMBERS AND VALUES PROVIDED ABOVE. IF DOCUMENTS ARE NOT AVAILABLE YOU MUST SUPPLEMENT THIS FORM AS SOON AS THEY BECOME AVAILABLE. 1. Federal and State Income Tax Returns from the last three (3) Years 2. Pay Stubs/Wages/ Public Benefits Statements from the last three (3) Months. 3. Commissions/ Bonuses/Allowances Statements within the last two (2) years. 4. Health Insurance – Last premium statement. If paid through your employer, a statement showing costs for you as individual employee vs. costs to cover any dependent children or spouse. (See your H.R. representative for this information) 5. Health Savings/Flex Medical Account - Statement that includes date of filing of Petition . 6. Day Care Costs – Contract or Payment Verification of weekly/ monthly costs. 7. Post-High School Expenses – Tuition, room & board, scholarships or grants. 8. Indiana Child Support Worksheet - See: https://www.in.gov/courts/services/child-support-calculator/

YOU MUST ATTACH THE FOLLOWING DOCUMENTS THAT SUPPORT THE NUMBERS AND VALUES PROVIDED ABOVE. IF DOCUMENTS ARE NOT AVAILABLE YOU MUST SUPPLEMENT THIS FORM AS SOON AS THEY BECOME AVAILABLE. 1. Federal and State Income Tax Returns from the last three (3) Years 2. Pay Stubs/Wages/ Public Benefits Statements from the last three (3) Months. 3. Commissions/ Bonuses/Allowances Statements within the last two (2) years. 4. Health Insurance – Last premium statement. If paid through your employer, a statement showing costs for you as individual employee vs. costs to cover any dependent children or spouse. (See your H.R. representative for this information) 5. Health Savings/Flex Medical Account - Statement that includes date of filing of Petition . 6. Day Care Costs – Contract or Payment Verification of weekly/ monthly costs. 7. Post-High School Expenses – Tuition, room & board, scholarships or grants. 8. Indiana Child Support Worksheet - See: https://www.in.gov/courts/services/child-support-calculator/

CRITICAL

Applies to

Judges notice

When an attorney prepares the initial filing, the attorney must prepare and provide sufficient copies of the appropriate Judges’ Notice to the client and Clerk; for a self-represented filing, the Clerk provides the notice.

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.

CRITICAL

Applies to

Financial declaration form

A Financial Declaration Form must be supplemented when additional material becomes available.

Additionally, pursuant to Trial Rule 26(E) (2) and (3), the Form must be supplemented when additional material becomes available.

CRITICAL

Applies to

Agreed matter submission

An agreed matter submission must be accompanied by a signed agreement and other appropriate documents.

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.

CRITICAL

Applies to

Child support worksheet

In All Cases Involving Child(ren) under 19 years of age, you MUST attach an Indiana Child Support Worksheet (with documentation of your income);

In All Cases Involving Child(ren) under 19 years of age, you MUST attach an Indiana Child Support Worksheet (with documentation of your income);

CRITICAL

Applies to

Guardianship hearing

The alleged protected person must attend the hearing unless sufficient evidence establishes that notice was given and the person cannot safely appear in person or remotely.

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.

CRITICAL

Applies to

Financial declaration form

The financial declaration form must include all documents requested in its checklist.

3. You MUST include all documents requested in the CHEKLIST at the end of this form.

CRITICAL

Applies to

Custody evaluation request

A custody-evaluation request must be in writing and certify that the parties and any counsel have made at least one good-faith attempt to resolve the issues through settlement conference or mediation.

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.

CRITICAL

Applies to

Parent program completion verification

If the spouses have a child under 18, they must complete the UpToParents.org work and file verification.

a. Complete the work on www.UpToParents.org, and file verification within 30 days;

CRITICAL

Applies to

Estate status report

If an estate cannot be closed within one year, the personal representative must report the reasons to the Court and request the additional time needed to close it.

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.

CRITICAL

Applies to

Current guardianship report

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.

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.

CRITICAL

Applies to

Adult incapacity guardianship petition

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.

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.

CRITICAL

Applies to

Verified certification

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.

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”.