Vanderburgh County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Closing statement

The personal representative must file a Closing Statement and include distribution receipts if distributions have already been made.

File a Closing Statement, with receipts for distribution if already made;

CRITICAL

Applies to

Final account

The Final Account must be filed with vouchers or canceled checks.

File a Final Account with this court (with vouchers or canceled checks) within one year from the date you received your Letters from this Court.

CRITICAL

Applies to

Inventory

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

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

CRITICAL

Applies to

Accounting

Each expenditure in a supervised estate or guardianship accounting must be annotated with its reason or nature, unless the payee name indicates it.

In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for or nature of the expenditure unless the payee name indicates the name of the expenditure.

CRITICAL

Applies to

Order book entry

The title of each order book entry must contain the date for which the entry was made.

(4) All order book entries shall contain in their title the date for which said entry was made.

CRITICAL

Applies to

Attorney or fiduciary fee payment

Pay court costs when due, but pay attorney and fiduciary fees only after a written Court order.

Pay court costs when due; however, attorney fees and fiduciary fees are only paid after written Court order.

CRITICAL

Applies to

Pleadings

Pleadings filed by mail or left with the Court must include a self-addressed, stamped envelope for returning documents to the attorney.

When pleadings are filed by mail or left with the Court for filing, a self-addressed, stamped envelope shall be included for return of documents to the attorney.

CRITICAL

Applies to

Claim for rent and damages

Claims for rent and damages on leased property must include the back rent and damages form, a written lease, a ledger or equivalent payment documentation, and support for the claimed damages.

(G) Claims for Rent and Damages. All claims for rent and damages on leased property must be documented by a back rent and damages form and corroborating evidence. The back rent and damages form is available in the Small Claims Office, Room 220. The corroborating evidence shall include a copy of the written lease agreement, a ledger or other documentation showing all monthly charges and payments, and documentation to support the specific damages claimed.

CRITICAL

Applies to

Jury instructions

Each party must submit proposed preliminary jury instructions, if any, and final jury instructions by the date set in the scheduling order.

10._____ shall be the date by when each party shall submit to the Courts its Proposed Preliminary, if any, and its Final Instructions for the Jury.

CRITICAL

Applies to

Response to pleading

A responding party must comply with any applicable statute, Indiana court rule, or these Rules requiring a specific responsive pleading or specific response contents.

In addition, statutes or court rules of Indiana or these Rules require a specific responsive pleading or specific contents in a response to the pleading attached, and the responding party shall comply therewith.

CRITICAL

Applies to

Fee petition

A fee petition must be signed or approved in writing by the personal representative or guardian.

A petition for fees must be signed or approved in writing by the personal representative or guardian.

CRITICAL

Applies to

Deed copy

A deed copy must be submitted with the Report of Sale or at the Final Account hearing, and deed copies must be filed with the Court for its records.

A copy of the deed shall be submitted with the Report of Sale of Real Estate or at the time of the hearing on the Final Account. Copies of such deeds shall be filed with the Court for its records.

CRITICAL

Applies to

Attorney appearance

Attorney appearances must be filed in writing with proof that they were mailed or delivered to counsel of record.

(2) All appearances by attorneys shall be filed in writing, together with proof of mailing or delivery thereof on counsel of record in compliance with Indiana Rules of Procedure.

CRITICAL

Applies to

Guardianship petition

A petition to appoint a guardian of a minor child's person must include the child's residence history and co-residents' contact information, relevant health, education, and welfare information, known custody litigation, and other matters relevant to the child's best interests.

In every petition for the appointment of a guardian of the person of a minor child, in addition to the statements required by I.C. 29-3-5-l (a), the following information shall also be given. A. 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. B. Information relevant to the child's health, education and welfare. C. Whether, to Petitioner's knowledge, any other litigation public or private is pending or threatened concerning the custody of the child in this or any other state. D. Any other matters relevant to the determination of the best interests of the person or property of the incapacitated person or minor.

CRITICAL

Applies to

Settlement status notice

Each party must notify the Court by the date set in the scheduling order if settlement has not succeeded and the trial date is confirmed.

8.______ shall be the date when each party shall notify the Court that a settlement of issues is not successful and the trial date is confirmed.

CRITICAL

Applies to

Final accounting

A Federal Estate Tax Closing Letter or photocopy showing payment of all federal estate tax liability must be filed before entry of the Final Accounting order.

The Federal Estate Tax Closing Letter, or a photocopy thereof, showing payment of all Federal Estate Tax liability shall be filed prior to entry of an order on the Final Accounting.

CRITICAL

Applies to

Plea agreement

The court will not take a guilty plea or order a pre-sentence investigation under a plea agreement until the agreement is written and executed by the parties.

If a defendant and the State have entered into a plea agreement, the Court will not take a guilty plea and order a pre-sentence investigation until the agreement has been reduced to writing and executed by the parties.

CRITICAL

Applies to

Settlement agreement final decree or paternity support order

In child-support proceedings, an Income Withholding Order must accompany any Settlement Agreement, Final Decree, or support order in a paternity matter.

In all proceedings involving child support, an Income Withholding Order shall be submitted with any Settlement Agreement, Final Decree, or support order in a paternity matter pursuant to Ind. Code § 31-16-15-0.5.

CRITICAL

Applies to

Child support guideline worksheet

A child support guideline worksheet must be completed and signed by the party submitting it.

Child support guideline worksheets shall be completed and signed by the submitting party.

CRITICAL

Applies to

Withdrawal petition

A withdrawal petition must provide the client’s last known contact information, any trial assignment date, pending motions, and case status including a verified statement that all entries have been filed.

(B) Withdrawal Petition Requirements. A Petition for Leave to Withdraw shall include the following: (1) The last known address and telephone number of the client; (2) The date the case is assigned for trial, if any; (3) A statement of any current motions pending before the Court and (4) A statement of the status of the case, including a verified statement that all entries have been filed.

CRITICAL

Applies to

Intermediate account

The account must explain why the estate cannot be closed, estimate a closing date, and propose any partial distribution that can be made without prejudice to distributees and claimants.

B. Shall state the facts showing why the estate cannot be closed and an estimated date of closing; C. Shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants;

CRITICAL

Applies to

Child support settlement or hearing submission

In child-support proceedings, each party must file duly executed Indiana Child Support Guidelines worksheets with any settlement or submit them to the Court at a hearing or trial.

In all proceedings involving child support, each party shall file with any settlement, or submit to the Court at any hearing or trial, duly executed Indiana Child Support Guidelines worksheets – one or more depending upon the facts.

CRITICAL

Applies to

Chronological case summary

Only the Family Court Judge or Magistrate scheduled to hear the matter may waive the mediation requirement, and the waiver must be documented in the Chronological Case Summary.

This mediation requirement may only be waived by the Family Court Judge or Magistrate scheduled to hear the matter and the waiver shall be documented in the Chronological Case Summary.

CRITICAL

Applies to

Peremptory challenges and challenges for cause

Peremptory challenges and challenges for cause must be submitted in writing on a court-staff-provided form on the day of trial.

Peremptory challenges and challenges for cause are to be in writing on a form provided by court staff on the day of trial.

CRITICAL

Applies to

Vouchers

The personal representative must file the original vouchers with the Court.

File original vouchers with the court.

CRITICAL

Applies to

Attorney fee request

Attorney fees for representing a minor in a personal-injury settlement require court approval, and a fee paid in full when a structured settlement is approved must be based on the settlement's present value.

Attorney fees for representing a minor in settlement of a claim for personal injuries are subject to Court approval. If the entire attorney fee is to be paid at the time a structured settlement is approved, the amount of the fee must be based on the present value of the settlement.

CRITICAL

Applies to

Order

Attorneys must prepare orders for all proceedings unless the Court expressly directs otherwise.

All attorneys are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.

CRITICAL

Applies to

Order

Each counsel or pro se litigant’s signature line on an order arising from a contested matter must say “Approved As to Form Only”.

The signature line for each counsel or pro se litigant on orders arising from contested matters shall indicate “Approved As to Form Only”.

CRITICAL

Applies to

Pleading

Every filed pleading must contain the attorney’s name, address, telephone number, and registration number.

All pleadings filed shall contain the attorney’s name, address, telephone number and registration number.

CRITICAL

Applies to

Instructions to personal representative

The personal representative must date and sign one copy of the instructions, return it to the Court, and keep a copy for reference.

Read the following carefully; then, date and sign one copy and return it to the Court. Keep a copy for your reference.

CRITICAL

Applies to

Attorney fee affidavit

An attorney’s fee affidavit may not duplicate the same time across cases and must reasonably apportion time spent among them.

If an attorney renders services in multiple cases at or near the same time, the attorney may not submit an affidavit where the same actual time spent is duplicated in multiple cases but must reasonably apportion the total time spent among the cases.

CRITICAL

Applies to

Contempt filing

When support payments were ordered through the Clerk’s Office, a party claiming arrearage in a contempt matter must file a current Clerk’s Office support printout at the hearing.

In all information for contempt based upon nonpayment of support, where a party was ordered to make payments through the Clerk’s Office, the party claiming an arrearage shall support the testimony on that issue by filing with the Court a current support printout from the Clerk’s Office at the time of the hearing.

CRITICAL

Applies to

Evidence of restricted account or investment

In the event the Court imposes restrictions upon access to property without a court order in a guardianship pursuant to I.C. 29-3-7-1 (c) (2), or access to property in an estate without a court order pursuant to I.C. 29-1-11-2, the fiduciary shall thereafter file with the Court within ten (10) days of the Order authorizing the creation of the restricted account or investment, evidence satisfactory to the court that the account or investment has been created, and that the account or investment is restricted as required by the Court’s order.

In the event the Court imposes restrictions upon access to property without a court order in a guardianship pursuant to I.C. 29-3-7-1 (c) (2), or access to property in an estate without a court order pursuant to I.C. 29-1-11-2, the fiduciary shall thereafter file with the Court within ten (10) days of the Order authorizing the creation of the restricted account or investment, evidence satisfactory to the court that the account or investment has been created, and that the account or investment is restricted as required by the Court’s order.

CRITICAL

Applies to

Evidence of recording

Whenever a Final Decree reflects that real estate has vested in heirs or beneficiaries, evidence of recording, at the expense of the estate, a certified copy of the Final Decree in every county of this

Whenever a Final Decree reflects that real estate has vested in heirs or beneficiaries, evidence of recording, at the expense of the estate, a certified copy of the Final Decree in every county of this

CRITICAL

Applies to

Settlement conference verification

The parties must verify the settlement conference either in person on the record or through a personally signed verified statement filed with the Court.

The parties shall verify the settlement conference, either in person on the record, or by a verified statement filed with the Court signed by the party, personally.

CRITICAL

Applies to

Final accounting

The final accounting must detail property and income received and expenses paid, with receipts verifying each expenditure.

File a final accounting, detailing all property and income received and all expenses paid with receipts to verify each expenditure with the Court upon the termination of the guardianship or upon the death of the Protected Person;

CRITICAL

Applies to

Post placement report

At least one post-placement report must be filed before an adoption is finalized, and it must be based on a qualifying visit at least 30 days after temporary custody is granted.

No adoption can be finalized until at least one (1) post placement report is filed with the Court. The post placement report must be based on a visit by a licensed agency or the DCS no sooner than thirty (30) days after the Court has granted temporary custody to the Petitioners.

CRITICAL

Applies to

Provisional order

When a pauper affidavit has been filed and granted, the provisional order must address payment of costs.

In each case where a pauper affidavit has been filed and granted, the parties shall address the payment of costs in the provisional order.

CRITICAL

Applies to

Estate distribution

Make distributions to the proper heirs or beneficiaries only after Court authorization and obtain receipts.

After Court authorization, make distributions to the proper heirs of beneficiaries and obtain receipts for these.

CRITICAL

Applies to

Proposed issues instruction

At the pre-trial conference, each party’s counsel must tender a proposed issues instruction.

At the pre-trial conference, counsel for each party shall tender a proposed "issues" instruction (see Indiana Pattern Jury Instruction 1.03).

CRITICAL

Applies to

Initial petition

The initial petition to open an estate or guardianship must state the personal representative’s or guardian’s name, address, year of birth, and telephone number.

The initial Petition to open an Estate or Guardianship shall contain the name, address, year of birth and telephone number of the Personal Representative or Guardian.

CRITICAL

Applies to

Conference notice

Must include

proposed order

The party setting a conference must provide the Court and opposing party with a proposed order and the conference notice.

The party setting the conference shall provide to the Court and to the opposing party a proposed order with the notice of the scheduled conference.

CRITICAL

Applies to

Pleading

A pleading’s title must identify each topic it includes and separately identify any Answer, Motion to Strike or Dismiss, or Jury Request.

(B) Titles. Titles on all pleadings shall delineate each topic included in the pleading, where a pleading contains an Answer, a Motion to Strike or Dismiss or a Jury Request each shall be set forth in the title.

CRITICAL

Applies to

Verified account

The guardian must file a verified account of all guardianship income and expenditures.

File with the court a verified account of all the income and expenditures of the Guardianship every two (2) years after your appointment;

CRITICAL

Applies to

Notice of extension

To obtain the automatic 30-day extension, the responding party must file a Notice of Extension with the Court.

(B) Extensions. In all civil cases, each party required to respond to a complaint, counterclaim, or cross-claim, may obtain an automatic thirty (30) day extension of time to plead or otherwise respond to such claim by filing a Notice of Extension with the Court and serving a copy of the same upon all parties. Requests for additional extensions of time must be made by motion and hearing unless agreed to by the parties.

CRITICAL

Applies to

Supplemental report

File a supplemental report with vouchers or canceled checks and obtain an order closing the estate.

File a supplemental report to the Court (with vouchers or canceled checks) and obtain an order for closure of the estate.

CRITICAL

Applies to

Final report

Keep receipts, paid bills, canceled checks, or other evidence of estate distributions for the Final Report to the Court.

Keep records of all receipts and all paid bills and canceled checks or other evidence of distribution of any funds or assets of the estate for the Final Report to the Court.

CRITICAL

Applies to

Tax forms

Prepare and file the appropriate state and federal income, estate, and inheritance tax forms.

Prepare and file the appropriate state and federal income, estate and inheritance tax forms in a timely manner.

CRITICAL

Applies to

Notice that pleading is not scheduled for full evidentiary hearing

When a pleading is scheduled at a time when a contested evidentiary hearing is not possible, the filer must provide the specified notice, which may be separate or conspicuously incorporated into another notice.

If so, the attorney or party filing the pleading shall serve Notice That Pleading Is Not Scheduled for Full Evidentiary Hearing (Form: Notice that Pleading is not Scheduled for Full Evidentiary Hearing is attached.) to the person or persons required by Indiana Statute or these Rules to receive notice of hearing on the pleading. The Notice That Pleading Is Not Scheduled For Full Evidentiary Hearing shall be served in addition to and in the same manner as any other notice of hearing required by Indiana statute or these Rules. However, the Notice That Pleading Is Not Scheduled For Full Evidentiary Hearing may be a separate document or may be incorporated into, and conspicuously stated as part of, any other notice required by Indiana statute or these Rules.

CRITICAL

Applies to

Agreed matter

An agreed matter must be accompanied by a signed agreement stating “Agreed as to Form and Substance” and other appropriate documents, such as a decree, executed child support worksheet, wage-withholding order, or qualified domestic relations order.

No agreed matter shall be submitted unless accompanied with a signed agreement stating “Agreed as to Form and Substance,” and other appropriate documents, such as a decree, duly executed Indiana Child Support Guidelines Worksheet, a Wage- Withholding Order, or a Qualified Domestic Relations Order.