Vanderburgh County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship accounting

Guardianship accountings must include and account for Social Security, Veterans, Retirement, and Medicare benefits received for an incapacitated person or minor, unless prior court approval permits direct payment to a residential or health care facility.

All Social Security, Veterans, Retirement, or Medicare benefits received on behalf of an incapacitated person or minor shall be included and accounted for in the guardianship accountings unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility.

CRITICAL

Applies to

Pauper affidavit

An attorney representing a party seeking pauper status must attest in the affidavit that the attorney made sufficient inquiry and believes the party qualifies.

If a pauper affidavit is filed in lieu of Court costs, the attorney representing the party seeking pauper status shall attest on the affidavit that the attorney has made sufficient inquiry and that the attorney is of the opinion that the party requesting pauper status does qualify.

CRITICAL

Applies to

Case file

The prosecutor’s office and involved law enforcement agencies must produce the entire case file, including a list of all evidence held, to the defense attorney within 30 days of the attorney’s first court appearance.

In each criminal case in the Vanderburgh Circuit and Superior Courts, the Vanderburgh County Prosecutor’s Office and the law enforcement agencies which are involved in the case shall produce to the defense attorney the entire case file, including a list of all evidence held, within thirty (30) days of the defense attorney’s first appearance in court.

CRITICAL

Applies to

Attorney fee affidavit

A party requesting attorney fees above the presumptive amount may do so by submitting an affidavit itemizing the services, actual time, and requested hourly rate.

A party seeking attorney fees is not limited to the presumptive attorney fees set out above and may request attorney fees in excess of the presumptive amount by submitting an attorney fee affidavit which itemizes the services rendered, the actual time spent performing those services, and the hourly rate requested.

CRITICAL

Applies to

Petition to sell personal property

A Petition to Sell Personal Property in a supervised estate or guardianship requires a competent written appraisal stating fair market value, unless the appraisal was filed with the Inventory; the requirement does not apply to public-auction sales.

In all supervised estates and guardianships, no Petition to Sell Personal Property shall be granted unless a written appraisal prepared by a person competent to appraise such property and setting forth the Fair Market Value thereof, is filed with the Court at the time of the filing of the Petition to Sell, unless such appraisal was filed with the Inventory. This rule shall not apply to personal property that is sold at public auction.

CRITICAL

Applies to

Certification of inventory preparation

The inventory certification must state that the inventory is prepared and available to distributees upon request, and that copies of the certification were distributed to each distributee.

Comes now the Personal Representative of the Estate of _____________________________, pursuant to the provisions of I.C. 29-1-7.5-3.2 (e) and certifies to the Court that (1) the Inventory of the estate's assets, and supplement or amendment to it that is required to be prepared pursuant to the provisions of I.C.29-1-7.5-3.2 (a) has been prepared and is available to distributees upon request made to the Personal Representative, and (2) copies of this Certification have been distributed to each of the distributees.

CRITICAL

Applies to

Response to pleading

A party opposing the attached pleading who wants a full evidentiary hearing must respond and request one either by appearing and objecting at the noticed hearing or by serving a signed written opposition and request before that date.

If you oppose the action requested in the attached pleading and want the Court to conduct a full evidentiary hearing on whether the pleading should be granted, you must respond to the pleading and request a full evidentiary hearing in one (1) of the following ways. First, you may appear in person or by your attorney at the date and time of which you are now being notified and object to the pleading and request a full evidentiary hearing. Or you may state your opposition and request for a full evidentiary hearing in writing by serving it BEFORE the date of which you are now being notified on the Court and the party which filed the attached pleading; the writing must be signed by you or your attorney and must contain the address which you stipulate as adequate for further notice to you.

CRITICAL

Applies to

Inventory

The filed inventory must identify property belonging to the decedent on the date of death and give its value as of that date.

Within two (2) months after you qualify and receive Letters of Personal Representative, you must file with the Court an inventory of all property found belonging to the decedent on the date of death and giving values as of the date of death.

CRITICAL

Applies to

Written opposition and hearing request

A written opposition and request for a full evidentiary hearing must be signed by the party or counsel and include the address stipulated as adequate for further notice.

the writing must be signed by you or your attorney and must contain the address which you stipulate as adequate for further notice to you.

CRITICAL

Applies to

Restricted account accounting

For restricted-account assets, the filing must include an accounting and a financial-institution statement showing the current balance and continued restriction.

If assets were placed in a restricted account you are to file an accounting every two (2) years, together with a statement from the financial institution showing the current balance of the funds and that the same remain in an account that is restricted;

CRITICAL

Applies to

Verified inventory and appraisement

The guardian must file a verified inventory and appraisement of the Protected Person’s property.

File with the court, within ninety (90) days after your appointment, a verified Inventory and appraisement of all the property belonging to the Protected Person;

CRITICAL

Applies to

Subsequent motion for proceedings supplemental

A subsequent Motion for Proceedings Supplemental may be filed only if it states changed circumstances concerning the defendant’s financial status since the last hearing.

A subsequent Motion for Proceedings Supplemental shall only be filed if the motion sets forth circumstances that have changed since the last hearing in regard to the defendant’s financial status.

CRITICAL

Applies to

Statement of facts

The scheduling order sets a date for providing the Statement of Facts to the Court.

15._____ shall be the date to give Statement of Facts to Court.

CRITICAL

Applies to

Petition

If an estate is determined to be insolvent during unsupervised administration, the personal representative must file a petition informing the court.

If, during the administration of an unsupervised estate, it is determined that the estate is insolvent, a petition shall be filed by the personal representative informing the court of that fact, and said estate shall be converted

CRITICAL

Applies to

Minute entry

A minute must be entered on the criminal case’s Chronological Case Summary stating the bond claim and setting a hearing to determine its priority before a garnishment order, lien, or assignment is placed against the bond.

In order for a garnishment order, lien, or assignment to be placed against a bond in a criminal case, a minute must be entered on the Chronological Case Summary for the criminal case, which minute must state the existence of a claim against the bond and setting a hearing in the criminal case to determine the priority of the claim.

CRITICAL

Applies to

Motion

Motions to dismiss under Indiana Trial Procedure Rule 12, for summary judgment, judgment on the pleadings, a more definite statement, or to strike must include a separate supporting brief.

(1) A Motion to Dismiss under Rule 12 of the Indiana Rules of Trial Procedure, for Summary Judgment, for judgment on a pleading, for more definite statement, or to strike, shall be accompanied by a separate Supporting Brief.

CRITICAL

Applies to

Default judgment application

A default-judgment application requesting attorney’s fees must include an attorney-executed affidavit establishing the authority for the award and the basis for calculating the fees.

Application for default judgment requesting an allowance of attorney’s fees shall be accompanied by an affidavit executed by the attorney requesting the fee. The affidavit shall be in a form and substance to enable the Court to determine if attorney’s fees are appropriate, and if so, the reasonable amount thereof. Said affidavit shall support the request by setting forth the authority for the Court to award attorney’s fees (e.g. contract, statute, etc.) and the basis upon which the proposed fees are computed, such as the number of hours employed and the number of hours anticipated that will be employed pursuing satisfaction of judgment. In the absence of an affidavit there shall be no attorney’s fees allowed.

CRITICAL

Applies to

Court record

Every filed Court Record must include a verification of compliance with the specified Trial Rule 5(G) requirements; a certification substantially in the stated form is sufficient.

All Court Records (pleadings or documents) filed by any party or their attorneys shall contain a verification certifying that the court records comply with the filing requirements of Trial Rule 5 (G) applicable to information excluded from the public record under Administrative Rule 9 (G). A certification in substantially the following language shall be sufficient: I/We hereby certify that the foregoing or attached Court Record or document complies with the requirements of Trial Rule 5(G) with regard to information excluded from the public record under Administrative Rule 9(G). _________________________________________________________________________________ (Signed by party or counsel of record)

CRITICAL

Applies to

Court order

Attorneys must prepare decrees and other orders as directed by the Court.

It shall be the duty of the parties’ attorneys to prepare decrees and other orders as directed by the Court.

CRITICAL

Applies to

Status report

For a Protected Person over 18, the required filing is a status report on physical condition and general welfare.

File with the Court a status report as to the physical condition and general welfare of the Protected Person every two (2) years after your appointment if said Protected Person is over the age of eighteen (18).

CRITICAL

Applies to

Order

Orders submitted to the Court must be provided in sufficient number and accompanied by postage-paid envelopes addressed to each party or counsel of record.

All orders submitted to the Court shall be in sufficient number and shall be accompanied by postage paid envelopes addressed to each party or counsel of record.

CRITICAL

Applies to

Estate status statement

For an unsupervised estate that remains open, the Personal Representative must file a statement with the Court explaining why it has not been closed.

In an unsupervised estate, file a statement with the Court stating the reasons why the estate has not been closed.

CRITICAL

Applies to

Filing

Each filing must include a completed, signed, dated, and stamped minute sheet with the specified case and docket information; the Court may amend the form of entry.

(3) All filings shall be accompanied by a minute sheet which shall contain the number of the cause, the date, the suggested docket entry and a certificate of proof of service or copies. This minute sheet shall be signed by counsel or Pro Se Party, dated, stamped and filed with the Court. The Court may in its discretion, amend any such form of entry.

CRITICAL

Applies to

Supplemental report

The Supplemental Report must provide the state where real property distributed by the decree is situated, except for property in Vanderburgh County.

state in which any real property distributed by the decree is situated (except Vanderburgh County) shall be provided to the court with the Supplemental Report.

CRITICAL

Applies to

Evidence retrieval receipt

When evidence is removed, the retrieving party must provide a detailed receipt and file it in the case.

At such time of removal, a detailed receipt shall be provided by the party retrieving the evidence and filed in the cause.

CRITICAL

Applies to

Brief

Must include

proposed order

Each party must supply a proposed order with its brief or reply.

(3) Each party shall supply a proposed Order with the Brief or Reply.

CRITICAL

Applies to

Fee payment

Fees for a personal representative, guardian, or attorney may not be paid from a guardianship or supervised estate without a prior written court order.

No fees for personal representative, guardians or attorneys shall be paid from any guardianship or supervised estate without prior written order of the Court.

CRITICAL

Applies to

Certification of inventory preparation

The certification includes an affirmation under penalty of perjury that its representations are true and correct to the signer’s knowledge and belief.

I, ____________________, swear and affirm under the penalties of perjury that the above and foregoing representations are true and correct to the best of my knowledge and belief.

CRITICAL

Applies to

Case file

All additions to the case file must be produced immediately upon creation.

This is a continuing rule, and all additions to the case file shall be produced immediately upon their creation.

CRITICAL

Applies to

Instructions

The fiduciary-executed Instructions to the Personal Representative or Guardian must be filed when letters are ordered issued.

The Instructions to the Personal Representative or Guardian, executed by the fiduciary, must be filed with the court at the time letters are ordered issued in the proceeding.

CRITICAL

Applies to

Guardian report

A guardian's current report must include the incapacitated person's residence and general welfare, an adult's treating-physician report concerning current health, and a statement of changes affecting the guardianship findings; the source text cuts off during the final requirement.

Current reports filed by a guardian of the person pursuant to I..C. 29-3-9-6(c) shall include the present residence of the incapacitated person and his or her general welfare; if the incapacitated person is an adult, a report of a treating physician concerning in then-current health of the adult; a statement of any changes affecting the findings of the court establishing the guardianship (including

CRITICAL

Applies to

Notice of hearing

The client notice must attach the withdrawal petition and explain the client’s options, 30-day duty to notify the Court, assigned judge and court address, and possible dismissal for failure to respond.

The Notice to the client shall include a copy of the Petition for Leave to Withdraw. Notice to the client shall also inform the client that the client can obtain new counsel or the client can represent himself/herself, if permissible, and that the client is required to notify the Court within 30 days of the withdrawal of the client’s decision. The Notice shall also include the name of the Judge assigned to the case and the address of the Court with information sufficient to advise the client that a failure to respond may result in the dismissal of the matter before the Court.

CRITICAL

Applies to

Guardianship accounting

An accounting concerning a restricted guardianship bank account must include balance verification by an officer of the financial institution holding the account.

All accountings concerning restricted guardianship bank accounts shall contain a verification of those account balances by an officer of the financial institution in which such guardianship bank accounts are held.

CRITICAL

Applies to

Inventory

The personal representative’s attorney must retain the original inventory and any supplement or amendment in the attorney’s file.

The attorney for the personal representative shall retain in his or her file the original of the inventory, and any supplement or amendment to it.

CRITICAL

Applies to

Inventory

Unless the Court orders otherwise, the fiduciary must prepare an inventory for every estate and guardianship, and inventories must be filed in supervised matters.

Unless otherwise ordered by the court, an inventory shall be prepared by the fiduciary in all estates and guardianships of the estate. Such inventory shall be filed in supervised estates and guardianships as follows:

CRITICAL

Applies to

Address change notice

A personal representative or guardian must immediately advise the Court of an address change.

In the event of a change in address, the individual Personal Representative or Guardian shall immediately advise the court of the new address.

CRITICAL

Applies to

Fiduciary pleading

Fiduciaries must sign and verify their pleadings, including inventories, petitions, and accountings; an attorney may sign a Status Report if representing that the fiduciary received a copy.

Every pleading filed by or on behalf of a fiduciary in an Estate or Guardianship proceeding, including but not limited to Inventories, Petitions, and Accountings, shall be signed and verified by the fiduciary. Status Reports may be signed by the attorney for the estate with the representation that the fiduciary has been provided a copy of the Status Report.

CRITICAL

Applies to

Administration account

The personal representative must furnish the distributees a full written account of the administration.

furnish a full account in writing of the administration to the distributees.

CRITICAL

Applies to

Pleading

Must include

caption, case number

Every pleading must have a caption stating the Court’s name, Division and Room Number, action title, and file number.

(A) Caption. Every pleading shall contain a caption setting forth the name of the Court, the Division and Room Number, the title of the action and the file number.

CRITICAL

Applies to

Summary judgment motion

A motion for summary judgment must be submitted with a separate supporting brief and a proposed summary judgment.

(2) In addition to a separate Supporting Brief, and a proposed Summary Judgment shall be submitted with any Motion for Summary Judgment.

CRITICAL

Applies to

Physicians report

A guardianship matter seeking to declare an adult incapacitated must present the treating doctor's Physician's Report or other evidence required by the court, either when the petition is filed or on the hearing date.

In all guardianship matters seeking to declare an adult incapacitated for any reason, a Physician's Report by the doctor treating the alleged incapacitated person 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 to support the findings required by I.C. 29-3-4-l (d).

CRITICAL

Applies to

Withdrawal of appearance

A counsel withdrawal must be in writing and with court leave, granted only when new counsel appears or after notice and a hearing on a withdrawal petition.

(A) Withdrawals Must Be in Writing. All withdrawals of appearance of counsel shall be in writing and by leave of Court. Leave of Court shall be granted only upon the following circumstances: (1) The filing of an appearance by new counsel for said client; or (2) Upon notice and hearing of the Petition for Leave to Withdraw, which said notice of hearing shall be served on the client at least 10 days prior to the hearing on the Petition for Leave to Withdraw.

CRITICAL

Applies to

Final account

Before the Final Account hearing in a supervised estate, court costs must be paid, all claims satisfied and released, and proof presented to the Court.

In a supervised estate, all Court Costs shall be paid and all claims satisfied and released and proof presented to the Court before the hearing on the Final Account.

CRITICAL

Applies to

Inventory supplement or amendment

Any subsequent inventory supplement or amendment must recapitulate prior inventories.

In the event a supplement or an amendment to an inventory is filed, all such subsequent inventories must contain a recapitulation of prior inventories.

CRITICAL

Applies to

Support agreement

The parties must present a written explanation to the Court if a support agreement deviates from the Guidelines.

If an agreement concerning support provides any deviation from the Guidelines, the parties shall present to the Court a written explanation.

CRITICAL

Applies to

Private adoption final hearing filings

The listed consents and adoption documents must be filed before a final hearing is scheduled; consents must be dated, notarized, or duly verified.

13.2 A final hearing will not be scheduled without the following documents being filed with the Court. A. Consent of the birth mother and consent of the birth father if known. If there is a named birth father and his consent is unobtainable, then notice of the 30 Day Consent Hearing must be provided to him. All Consents must be dated, notarized or duly verified. B. Results of the putative father search. C. Written acknowledgment by birth mother of availability of up to three (3) hours of counseling at adoptive parents’ expense within six (6) months following the birth of the child. This may be contained within the Consent of the birth mother.

CRITICAL

Applies to

Proceedings supplemental

The Judgment Entry must be filed with the Court before the Proceedings Supplemental is filed.

(D) Proceedings Supplemental - Judgment Entry. Parties must wait seven (7) days after obtaining a judgment before filing a Proceedings Supplemental, and the Judgment Entry must be filed with the Court prior to the Proceedings Supplemental being filed.

CRITICAL

Applies to

Written notice

A personal representative or guardian must personally notify the Court and attorney of record in writing of any change to required information.

Such personal representative or guardian is under a continuing order of the Court to personally advise the Court and the attorney of record in writing as to any change of required information.

CRITICAL

Applies to

Rule 12 b defense

Every defense asserted under Indiana Trial Procedure Rule 12(b) requires a separate supporting brief, whether asserted in a responsive pleading or by separate motion.

(2) The provision of this rule requiring a separate Supporting Brief shall apply to every defense asserted pursuant to Rule 12 (b) of the Indiana Rules of Trial Procedure, whether asserted in the responsive pleading or by separate motion.

CRITICAL

Applies to

Status report

For a minor Protected Person, the required filing is a status report on physical condition and general welfare.

File with the Court a status report as to the physical condition and general welfare of the Protected Person yearly after your appointment of said Protected Person is a minor.