Vanderburgh County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

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.

(E) Proceedings Supplemental - Hearings. Proceedings Supplemental hearings shall not be continued for progress after an order of garnishment or a personal order of garnishment has been obtained. 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

Written opinion of fair market value

For a supervised estate or guardianship sale, a written fair-market-value opinion must be filed with the sale petition unless already filed with the inventory; it may be prepared by an Indiana-licensed real estate appraiser or broker.

In all supervised estates and guardianships in which real estate is to be sold, a written opinion of the fair market value of such real estate shall be filed with the Court at the time of filing the Petition for Sale, unless such written opinion was filed with the inventory. A written opinion of the fair market value of such real estate may be prepared by a real estate appraiser or real estate broker licensed by the Indiana Real Estate Commission.

CRITICAL

Applies to

Distribution receipts

The personal representative must obtain receipts for distributions.

Make distribution and obtain receipts for distributions.

WARNING

Applies to

Closing statement

The personal representative must retain paid bills, canceled checks, or other evidence of estate disbursements and distributions for the Closing Statement.

Retain all paid bills and canceled checks or other evidence of disbursement or distribution of any funds or assets of the Estate for the Closing Statement to be filed with the Court.

WARNING

Applies to

Emergency pleading

In an emergency, a party may file a pleading detailing the circumstances, and the probate magistrate or judge will determine whether an expedited hearing is necessary.

In the event of an emergency, a pleading detailing the emergency circumstances can be filed with the Court at which time the probate magistrate or judge will determine whether an expedited hearing is necessary.

WARNING

Applies to

Statement of claim

When multiple statutory remedies are available for a bad-check claim, the claimant should elect the requested remedy and list it on the statement of claim.

(C) Claim for Insufficient Funds. Upon filing of a claim for insufficient funds on bad checks where multiple statutory remedies are available, the claimant should elect which remedy is being requested and list the same on the statement of claim.

WARNING

Applies to

Motion

If one filing contains multiple motions, the title must distinguish the motions by identity.

If multiple motions are within the same filing, said motions shall be separated by identity in the title.

WARNING

Applies to

Claim for rent and damages

The Court may require additional corroborating evidence for claims for rent and damages on leased property.

(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. At its discretion, the Court may require additional corroborating evidence.

WARNING

Applies to

Court record or document

The Court Record or document includes a certification of compliance with Trial Rule 5(G) concerning information excluded from the public record under Administrative 9(G).

I hereby certify that the foregoing Court Record or document complies with the requirements of Trial Rule 5(G) with regard to information excluded from the public record under Administrative 9(G).

WARNING

Applies to

Program completion certificate

The workshop provider must furnish each participant and the Court with a program-completion certificate.

The workshop provider will furnish each participant and the Court with a certificate of completion of the program.

WARNING

Applies to

Waiver pleading

When a waiver is sought the pleading should state the reasons why the petitioner believes the one year is not necessary.

When a waiver is sought the pleading should state the reasons why the petitioner believes the one year is not necessary.

WARNING

Applies to

Inventory

Instead of filing the inventory, the personal representative may certify to the Court that it was prepared and distributed to each distributee.

In lieu of an inventory being filed a personal representative may certify to the Court that an Inventory has been prepared and the same distributed to each distributee.

WARNING

Applies to

Department of corrections sentence modification request

Any request for modification of a sentence being served at the Indiana Department of Corrections should be in writing and sent to the court.

Any request for modification of a sentence being served at the Indiana Department of Corrections should be in writing and sent to the court.

WARNING

Applies to

Attorney fee request

An affidavit is not required to support a presumptive attorney-fee request unless another party challenges the request.

A party who seeks a presumptive attorney fee award shall not be required to submit an attorney fee affidavit in support of the request unless the request is challenged by another party.

WARNING

Applies to

Community corrections or probationary sentence modification request

A request to modify a community corrections or probationary sentence should be in writing and sent to the court.

Any request for modification of a community corrections or probationary sentence should be in writing and sent to the court.

WARNING

Applies to

Statement of issues

At a summary hearing, the parties will submit to the Court, preferably in writing, or in opening statements, the issues before the Court.

At a summary hearing, the parties will submit to the Court, preferably in writing, or in opening statements, the issues before the Court.

WARNING

Applies to

Inventory certification

For an unsupervised estate, a personal representative may certify that the inventory and any supplement or amendment were prepared and are available instead of filing the inventory.

In lieu of an inventory being filed in Unsupervised Estates, a personal representative may certify to the Court that an Inventory has been prepared, under the provisions of I.C. 29-1-7.5-3.2(a) and that the same, and any supplement or amendment thereto, is available.

INFO

Applies to

Additional or amended final instruction

Additional or amended final instructions may be presented for good cause or to conform them to the trial evidence.

Additional or amended final instructions may be presented upon a showing of good cause or in order to conform the instructions to the evidence at trial.

INFO

Applies to

Contempt citation attorney fee request

For contempt-citation attorney fees, an attorney may submit an affidavit or oral testimony with an itemized fee statement, and affidavits are admissible into evidence.

C. Contempt Citation Attorney Fees. An attorney may submit an affidavit, or oral testimony, along with an itemized statement of his or her requested fee. Affidavits shall be admissible into evidence by the Court.

INFO

Applies to

Asset sale

A written appraisal is not required to sell market-traded assets whose value is readily ascertainable, including the listed examples.

No written appraisal shall be required for the sale of assets which are traded in a market and the value of which is readily ascertainable. Such assets include, but are not limited to, stocks, bonds, mutual funds, commodities, and precious metals.

INFO

Applies to

Specialized driving privileges petition

The caption of the Petition should include the cause number of the case in which the order of the suspension was issued.

The caption of the Petition should include the cause number of the case in which the order of the suspension was issued.

CRITICAL

An intermediate account in a supervised estate must comply with the cited statutory provisions.

The accounting shall comply with the provisions of I.C. 29-1-16-4 and 29-1-16-6