Vigo County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Workshop report

The Dispute Resolution Center must report the parties’ workshop attendance and the program results to the Court handling the dissolution action.

The Dispute Resolution Center shall make due report to the Court in which the Dissolution of Marriage action is pending regarding the parties’ attendance and the results of the workshop program.

CRITICAL

Applies to

Written commitments

The course must be completed and written commitments must be filed before the Final Hearing.

The course must be completed, and written commitments must be completed and filed prior to the Final Hearing.

CRITICAL

Applies to

Wrongful death fee agreement

Fees under a wrongful-death retainer or contingent-fee agreement may be allowed only if the listed conditions are shown to the Court’s satisfaction when the estate is opened or the wrongful-death action is filed.

Accordingly, fees shall be allowed under such agreements if, at the time of opening the estate or the filing of a wrongful death action, it is shown to the Court’s satisfaction: 1. That the Personal Representative was, prior to entering into such agreement, fully informed as to all aspects of the arrangement. 2. That the agreement is fair and reasonable. 3. That the fee sought is fair and reasonable.

CRITICAL

Applies to

Bankruptcy stay notice

A party receiving a bankruptcy stay order must file notice with the Court, identifying the party, bankruptcy cause number, and stay issuance date.

Whenever any party receives an order from a Bankruptcy Court staying proceedings, that party shall file a notice of such order with the Court. Such notice shall contain the name of the party, the cause number in bankruptcy and the date of the issuance of the stay.

CRITICAL

Applies to

Default judgment

For commercial default judgments other than small claims, the plaintiff or counsel must submit an affidavit of debt and an affidavit supporting requested attorney fees.

On all default judgments relating to commercial cases (except small claims) plaintiff or his counsel must submit an affidavit of debt and an affidavit in support of attorney fees requested by counsel.

CRITICAL

Applies to

Discovery disclosure

The defense must disclose case-related expert reports and statements, including specified examination and scientific-test results to the extent permitted by law.

Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons insofar as permitted by law.

CRITICAL

Applies to

Order of appointment

The order of appointment must be filed in the court where the case originated.

The order of appointment shall be filed in the court where the case originated.

CRITICAL

Applies to

Extraordinary fee petition

An attorney seeking extraordinary fees must petition the Court, and the petition will be set for hearing with notice to all interested parties.

The attorney must petition the Court for allowance of fees for such extraordinary services. All such petitions will be set for hearing, with notice to all interested parties.

CRITICAL

Applies to

Written waiver

Unsuccessful plea or resolution efforts do not excuse discovery compliance unless both parties waive in writing discovery compliance for a specified period and any speedy-trial requirements.

10. Failure of either party to engage in and comply with discovery shall not be excused by the parties' unsuccessful or incomplete efforts to enter into a plea agreement or other resolution of the case unless both parties waive in writing (1) compliance with this order for a specified period of time and (2) any speedy trial requirements.

CRITICAL

Applies to

Pleading

Each pleading must identify the filing attorney by name, address, telephone number, fax number, and attorney number.

All pleadings shall show the name and address, telephone number, fax number and attorney number of the individual attorney or attorneys filing the pleading.

CRITICAL

Applies to

Motion

Must include

caption

If alternative motions are filed together, each motion must be identified in the caption on the face of the filing.

Each motion shall be separate; alternative motions filed together shall each be named in the caption on the face.

CRITICAL

Applies to

Attorney fee request

In small claims cases, an attorney-fee request over $500 must be supported by an affidavit stating the hours spent and hourly charge.

Any request for attorney fees over that amount must be supported by an affidavit setting forth the number of hours spent on the case and the hourly charge.

CRITICAL

Applies to

Motion for continuance

The title of each motion for continuance must identify its sequence in the party’s series of such motions.

3. Title of Motion. A Motion for Continuance, whether it is plaintiff’s or defendant’s motion, shall denominate whether it is the First (1st), Second (2nd), Third (3rd), etc. Motion for Continuance filed by plaintiff or defendant.

CRITICAL

Applies to

Discovery disclosure

The identity of witnesses who will be produced at a hearing or trial must be disclosed.

Disclosure of the identity of witnesses to be produced at a hearing or trial will be required.

CRITICAL

Applies to

Pretrial report

A pretrial report under LR84-TR16-5 must be filed before a trial date will be set.

No trial date will be set unless a pretrial report pursuant to LR84-TR16-5 has been filed.

CRITICAL

Applies to

Extension motion

A motion for enlargement under this rule must state the response’s original due date and the date to which the deadline is extended.

Any motion filed pursuant to this rule shall state the date when such response is due and date to which time is enlarged.

CRITICAL

Applies to

Blank form

When an alternate form is approved, identical blank forms must be provided to the Clerk immediately.

In such instances, blank forms identical to those submitted and approved shall be immediately provided to the Clerk for future reference and comparison.

CRITICAL

Applies to

Transcript fee report

Court reporters must report all specified transcript fees to the Indiana Supreme Court Office of Court Services at least annually, using its prescribed forms.

Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent, or private transcripts to the Indiana Supreme Court Office of Court Services. The reporting shall be made on forms prescribed by the Office of Court Services.

CRITICAL

Applies to

Special jury instructions

Requests for special jury instructions must include citations to supporting authorities.

Such requests for special instructions shall contain citations to supporting authorities.

CRITICAL

Applies to

Employee affidavit and certificate of compliance

To qualify for employee representation of a sole proprietorship or partnership, an employee affidavit and certificate of compliance designating a full-time employee must be on file with the clerk.

C. The business has on file with the clerk an employee affidavit and certificate of compliance designating a full-time employee to represent the business. The clerk will provide the affidavit form.

CRITICAL

Applies to

Personal representative fee request

An attorney serving as Personal Representative may seek the additional fee only if it is reasonable and a description of services, time spent, and hourly rate is filed in support of the request.

When the Estate Lawyer also serves as the Personal Representative, an additional amount not in excess of one-half of the attorney's fee may be allowed, provided: i. The fee is reasonable in light of all circumstances; and ii. A description of services rendered, including time spent with an hourly rate, in support of the request is filed.

CRITICAL

Applies to

Inventory

A supervised-estate inventory filed by the personal representative must conform to I.C. 29-1-12-1.

1. In all supervised estates, the personal representative shall file an inventory conforming to the requirements of I.C. 29-1-12-1 within two (2) months of appointment.

CRITICAL

Applies to

Pleading

A pleading must be signed by at least one attorney of record or it will not be accepted, or will be stricken if the omission is discovered after filing.

Any pleading not signed by at least one (1) attorney appearing of record as required by T.R.11 shall not be accepted for filing by the Clerk of the Court or, if inadvertently accepted for filing, shall, upon discovery of such omission, be stricken from the record.

CRITICAL

Applies to

Brief

A party relying on specified unpublished decisions or non-currently-published statutes or regulations must provide a copy to the Court and all counsel of record.

If a party relies upon a legal decision not published in North Eastern Reporter 2d, or on a statute or regulation not found in the current publication of the United States Code, the Indiana Code, or the Indiana Administrative Code, then the party shall furnish the Court and all counsel of record with a copy of the relied-upon decision, statute, or regulation.

CRITICAL

Applies to

Court filing

Parties or their attorneys must submit documents in complete and correct form and tender the proper costs determined by the Clerk.

Parties or their attorneys are solely responsible for tendering to the Court in complete and correct form any documents desired to be filed, together with proper costs, as determined by the Clerk.

CRITICAL

Applies to

Motion

The specified motions must be accompanied by a separate supporting brief.

A Motion to Dismiss under Rule 12 of the Indiana Rules of Trial Procedure, for judgment on the pleadings, for more definite statement, to strike, or motions made pursuant to Rule 37 of the trial rules shall be accompanied by a separate supporting brief.

CRITICAL

Applies to

Motion seeking an order of the Court

Must include

proposed order

Each motion seeking an order of the Court must be submitted with a proposed order.

All motions seeking an order of the Court shall be e-filed with a proposed order.

CRITICAL

Applies to

Discovery disclosure

The defendant must disclose intended procedural or substantive defenses, without limiting the right to file statutory defenses subject to their statutory notice timetable.

A statement of defenses, procedural or substantive, that the defendant intends to make at a hearing or trial. Such a statement shall not limit defendant’s right to file any defense defined by statute, such as alibi, insanity, etc., where a specific timetable for notice to the State is statutorily described.

CRITICAL

Applies to

Petition or request for fees

Fees may not be paid until a Petition or Request for Fees is submitted with a supporting worksheet or other calculation showing compliance with the guideline.

No fees may be paid without first submitting a Petition or Request for Fees, which shall include therein a worksheet or other calculation supporting the fees requested as being in accordance with this guideline.

CRITICAL

Applies to

Reassignment certification

A certification for reassignment and special judge appointment must include a prepared order of appointment.

Pursuant to T.R. 79(H), the District Judges and Magistrates shall certify to the Presiding Judge cases for reassignment and special judge appointment. The certification shall include a prepared order of appointment, as exhibited in TR79 Appointment Order.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Unless the Court directs otherwise, the Estate Lawyer must prepare all proposed orders and provide sufficient copies to the Clerk.

1. Unless directed otherwise by the Court, the Estate Lawyer shall prepare all proposed Orders and provide sufficient copies to the Clerk.

CRITICAL

Applies to

Fee petition or objection

A Petition for Fees or an objection to fees must be filed for the Court to determine fees in an Unsupervised Administration of a Decedent’s Estate.

No Attorney or Personal Representative fees will be determined and authorized for payment by the Court in any Unsupervised Administration of a Decedent’s Estate unless a Petition for Fees or objection to fees is filed with the Court. If such Petition or objection is not filed, the Court will not determine fees in an Unsupervised Estate.

CRITICAL

Applies to

Appearance form

Appearance forms must substantially comply with the Indiana Supreme Court’s requirements for those forms.

All appearance forms must be substantially in compliance with the requirements for appearance forms as set out by the Indiana Supreme Court.

CRITICAL

Applies to

Written agreement

When a court reporter uses court equipment, workspace, and supplies for private deposition work with the court’s agreement, the court and reporter must make a written agreement identifying the market rate, recordkeeping method, and reimbursement method.

If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, work space, and supplies, and the court agrees to the use of the court’s equipment for such purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: i. The reasonable market rate for the use of equipment, work space, and supplies. ii. The method by which records are to be kept for the use of equipment, work space, and supplies. iii. The method by which the court reporter is to reimburse the court for the use of the equipment, workspace, and supplies.

CRITICAL

Applies to

Preliminary witness and exhibit list

Each party must submit a preliminary witness and exhibit list.

The Court ORDERS each party to file and serve on all other parties a preliminary witness and exhibit list no later than thirty (30) days after entry of this Order.

CRITICAL

Applies to

Garnishment release order

After sufficient payment to satisfy the judgment, interest, and costs is received, the judgment creditor must immediately obtain an order releasing the garnishment and forward a copy to the garnishee-defendant(s).

Upon receipt by the judgment creditor or by the Clerk on the judgment creditor’s behalf of monies sufficient to fully satisfy the judgment, any accrued interest and costs, the judgment creditor shall immediately obtain a court order releasing the applicable garnishment order and shall forward a copy to garnishee-defendant(s).

CRITICAL

Applies to

Written appearance

An attorney representing a defendant or third party must file a written appearance for that party.

All attorneys for a defendant or a third party shall file a written appearance for such defendant or third party.

CRITICAL

Applies to

Discovery disclosure

The defense must provide its discovery documents in a manner similar to the State’s obligations in paragraph 2.

Defense shall provide the same documents in a fashion similar to the State’s obligations described in paragraph 2.

CRITICAL

Applies to

Compliance record

The defense must make a record of compliance no more than five days after the date specified in paragraph 3.

The defense shall make a record of compliance with this order not more than five (5) days after the date set out in paragraph 3 above.

CRITICAL

Applies to

Oral argument request

An oral-argument request must state its specific purpose and estimate the time reasonably needed for the argument.

The request for oral argument shall set forth specifically the purpose of the request and an estimate of time reasonably required for the Court to devote to the argument.

CRITICAL

Applies to

Discovery disclosure

The State must provide legible copies of the specified existing written statements.

The State shall provide legible copies of existing written statements described in paragraphs 1(A), 1(B), 1(C), and 1(G).

CRITICAL

Applies to

Other form

A form not described in S.C.L.R. 3A may be accepted for filing only if the judge approves it in advance.

Any other form or photocopy thereof presented to the Clerk shall be accepted for filing only if such form receives prior approval from the judge.

CRITICAL

Applies to

Withdrawal petition

Counsel seeking to withdraw an appearance must file a written petition requesting leave of court.

Counsel desiring to withdraw their appearance in any action shall file a written petition requesting leave of Court to do so.

CRITICAL

Applies to

Corporate resolution and employee affidavit

To qualify for employee representation of a corporation, a corporate resolution and an employee affidavit authorizing a full-time employee must be on file with the clerk.

C. There is a corporate resolution and employee affidavit on file with the clerk authorizing a full-time employee to represent the corporation. The clerk will provide the affidavit form.

CRITICAL

Applies to

Tenant property storage notice

The tenant notice must state that the property is stored, disclose any accruing storage charges and the retrieval terms, and provide the landlord’s telephone number, contact address, and reasonable contact time.

B. immediately notify the tenant by first class mail to tenant’s last known address, with a copy retained by the landlord, that the property is stored, that the storage charges (if any, but not to exceed $3.00 per day) are accruing, and that the property is available to tenant upon reasonable notice to landlord at a reasonable time until the date of the hearing on damages. The notice shall also contain the landlord’s telephone number, and an address at which and a reasonable time during which the landlord can be contacted.

CRITICAL

Applies to

Resolution and affidavit

The person named in the affidavit who filed the claim must appear in court; if another employee must appear, a resolution and affidavit must be filed with the Clerk before the court date and a copy made available to the Court.

4. The person who is named in an affidavit and files the claim must be the individual who appears in court. If circumstances dictate that another employee must make the court appearance, a resolution and affidavit must be filed with the Clerk before the court date and a copy made available to the Court.

CRITICAL

Applies to

Closing statement

An affidavit stating that fees do not exceed the schedule must be filed with the closing statement.

An Affidavit that the fees do not exceed the schedule shall be filed with the Court at the time of the closing statement.

CRITICAL

Applies to

Oral argument request

A request for oral argument must be a separate instrument and must be timely served and filed with the brief, answer brief, or reply brief, unless otherwise provided.

A request for oral argument on a motion shall be by separate instrument and timely served and filed with the brief, answer brief, or reply brief, except as otherwise provided.

CRITICAL

Applies to

Motion to insert or strike pleading matter

A motion to insert or strike pleading matter must be written, quote each set of words verbatim, and identify each set in a separate consecutively numbered specification.

Subject to T.R.12(F), every motion to insert new matter or to strike out any part of any pleading in a cause shall be made in writing and shall set forth verbatim each set of words to be inserted or stricken. Each set of words to be inserted or stricken shall be designated in a separate specification, numbered consecutively.

CRITICAL

Applies to

Extension notice

If opposing counsel does not object or cannot be reached with due diligence, the requesting party must document the lack of objection by notice to opposing counsel, send a copy to the clerk, and file the notice in the case record.

In the event opposing counsel does not object to the extension or cannot with due diligence be reached, the party requesting the extension shall document the lack of objection by notice to opposing counsel and send a copy of the notice to the Clerk of the Court, which notice shall be filed of record in the case.