Vigo County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Discovery disclosure

The defense must disclose the identifying and specified background information for witnesses it may call.

The names, addresses, and telephone numbers of persons whom the defendant may call as witnesses along with (a) a summary of their testimony similar to that described in 1(A)(iv), (b) record of prior criminal convictions, and (c) the relationship, if any, of the witness to the defendant or any co-defendant.

CRITICAL

Applies to

Estate lawyer affidavit

The Estate Lawyer must file an affidavit stating that all persons known at filing who have an interest in the potential recovery received a copy of the fee agreement.

An Affidavit from the Estate Lawyer must be filed stating that all persons (known at the time of filing) having an interest in the potential recovery have been provided a copy of the fee agreement.

CRITICAL

Applies to

Attorney fee affidavit

An affidavit supporting attorney fees must state the hours spent on the case and the hourly charge.

The affidavit for attorney’s fees shall set forth the number of hours spent on the case and the hourly charge.

CRITICAL

Applies to

Judgment order

Judgment orders must itemize the amounts claimed, state the total judgment excluding court costs, and list court costs separately.

All judgment orders shall include an itemization of the amounts claimed (e.g., principal, interest, attorney fees, collection agency fees) as well as the total judgment not including court costs. Court costs shall be listed separately.

CRITICAL

Applies to

Pre trial report

The pre-trial report is required before the scheduling conference at which the trial date is assigned.

The pre-trial report ordered under paragraph (4) is a prerequisite to a scheduling conference at which a trial date is assigned.

CRITICAL

Applies to

Pre trial report

The pre-trial report must include a case summary, estimated trial length, mediator-selection agreement if any, discovery estimate, amended witness and exhibit lists, anticipated pre-trial and trial motions, and proposed or agreed stipulations.

The pre-trial report shall contain the following information: A. A brief summary of the nature of the case(including any non-binding observations about whether liability is contested); B. An estimate of days required for trial; C. An agreement, if any exists, as to the parties’ selection of mediator; D. An estimate as to additional time needed to complete discovery necessary for trial; E. An amended list of witnesses and exhibits necessary for trial; F. Any anticipated pre-trial motions, including dispositive motions (such as motions to dismiss or for summary judgment) and anticipated trial motions such as motions in limine); G. A summary of any stipulations proposed (or with respect to which the parties have agreed)

CRITICAL

Applies to

Pleading

Every filed pleading, including pleadings in estates and guardianships, must clearly identify the filing attorney's name, address, email address, and telephone number.

Every pleading filed, including estates and guardianships, shall clearly identify the name, address, e-mail address, and telephone number of the attorney filing the pleading.

CRITICAL

Applies to

Semi annual report

The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.

The Presiding Judge shall submit a written semi-annual report to all District 19 Judges and Magistrates no more than ten (10) days following the end of the first and third quarters of each calendar year.

CRITICAL

Applies to

Pleading

A pleading must be signed by at least one attorney appearing of record; the Clerk must not accept an unsigned pleading, and an inadvertently accepted one must be promptly corrected when the omission is discovered.

Any pleading not signed by at least one attorney appearing of record as required by T.R.11 of the Indiana Rules of Procedure shall not be accepted for filing by the Clerk or, if inadvertently accepted for filing, shall, upon discovery of the omission, be promptly corrected.

CRITICAL

Applies to

Withdrawal

All withdrawals of appearance must comply fully with Rule 1.16 of the Rules of Professional Conduct.

All withdrawals of appearance shall comply fully with the provisions of Rules of Professional Conduct, Rule 1.16.

CRITICAL

Applies to

Discovery disclosure

When chain-of-custody issues are readily apparent, the State must provide the chain to the extent available by the disclosure date and supplement it upon the specified events or as ordered.

Under circumstances where chain of custody issues are readily apparent, such as drug cases, such chain shall be provided to the extent available on the disclosure date provided above and shall be supplemented: i. upon Defendant’s written request, ii. by pre-trial conference, and iii. thereafter, as ordered to complete such a chain.

CRITICAL

Applies to

Compliance record

The State must make a record of compliance no more than five days after the date specified in paragraph 1.

The State shall make a record of compliance with this order not more than five (5) days after the date set out in paragraph 1 above.

CRITICAL

Applies to

Pleading

All pleadings must be signed by both the Personal Representative and the Estate Lawyer.

2. All pleadings shall be signed by the Personal Representative and the Estate Lawyer.

CRITICAL

Applies to

Motion for protective order

A party seeking nondisclosure must do so by motion for a protective order.

Such non-disclosure shall be sought by motion for protective order.

CRITICAL

Applies to

Withdrawal notice

Before withdrawal is permitted, the attorney must give the client ten days’ written notice, file a copy with the court, and explain the possible consequences of failing to obtain new counsel and other pertinent dates or information.

Permission to withdraw shall be given only after the withdrawing attorney has given his or her client ten (10) days’ written notice of the attorney’s intention to withdraw and has filed a copy of such notice with the Court. The notice withdrawal shall explain to the client that failure to secure new counsel may result in dismissal of the client’s case or a default judgment may be entered against the client, whichever is appropriate, and other pertinent information such as trial setting date or any other hearing date.

CRITICAL

Applies to

Motion to move case to plenary docket

A defendant with a counterclaim outside the Small Claims Division's subject matter jurisdiction must move to transfer the case to the plenary docket.

A defendant who has a counterclaim outside the subject matter jurisdiction of the Small Claims Division must file a motion to move the case to the plenary docket and pay the required fee.

CRITICAL

Applies to

Court instructions

In both supervised and unsupervised estates, the Estate Lawyer must include the Court’s Instructions, file them with the Court, and include signatures from the Estate Lawyer and Personal Representative.

3. The Estate Lawyer shall include the Court’s Instructions, in both supervised and unsupervised estates, describing the expectations and duties of the Personal Representative. The Court’s Instructions (see Unsupervised Instructions and Supervised Instructions) shall be filed with the Court and include the Estate Lawyer’s and the Personal Representative’s signature, therefore putting the Personal Representative on notice of the duties involved.

CRITICAL

Applies to

Motion

Must include

proposed order

A movant must file an original proposed order and enough copies to serve all parties of record.

A movant shall file an original form of proposed order along with sufficient copies to serve all parties of record.

CRITICAL

Applies to

Application

A party seeking copies of audio or videotape must apply to the Court and state specifically why the copies are necessary.

An application to the Court shall be made to obtain copies of audio or videotape. Said application shall state in specific terms the necessity for such copies.

CRITICAL

Applies to

Cash bail deposit agreement

A defendant posting full cash bail and each person depositing cash on the defendant’s behalf must execute an agreement permitting the Court to retain cash for specified amounts ordered if the defendant is convicted.

If the defendant posts bail by depositing the full cash amount, the defendant and each person who makes the deposit on behalf of the defendant shall execute an agreement that allows the Court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the Court may order the defendant to pay if convicted.

CRITICAL

Applies to

Brief

Briefs exceeding 20 pages, excluding pages containing a table of contents, table of authorities, and appendices, must include a page-referenced table of contents, a statement of issues, and a page-referenced table of cases, statutes, and other authorities.

Briefs exceeding twenty (20) pages in length (exclusive of any pages containing the table of contents, table of authorities, and appendices) shall contain: i. a table of contents with page reference; ii. a statement of issues; and iii. a table of cases (alphabetically arranged), statutes and other authorities cited, with reference to the pages of the brief where they are cited.

CRITICAL

Applies to

Stipulation of dismissal

A claim may be dismissed by filing a stipulation signed by all parties to the claim.

Any claim may be dismissed by filing a stipulation of dismissal signed by all parties to the claim.

CRITICAL

Applies to

Jury instructions

Indiana Pattern Jury Instructions must be used when applicable.

Indiana Pattern Jury Instructions shall be used where applicable.

CRITICAL

Applies to

Inventory or verified certification

For an unsupervised estate, the Personal Representative must file either a conforming inventory or the specified verified certification.

2. In all unsupervised estates, the Personal Representative shall, within two (2) months of appointment, either: (1) file an inventory conforming with the requirements of I.C. 29-1-7.5-3.2(b), or (2) file a verified certification that an inventory conforming with the requirements of I.C. 29-1-7.5-3.2 has been prepared and is available to be furnished to distributees on request.

CRITICAL

Applies to

Discovery disclosure

The defense must disclose books, papers, documents, photographs, and tangible objects it intends to use at a hearing or trial.

Any books, papers, documents, photographs, or tangible objects which are intended to be used at a hearing or trial.

CRITICAL

Applies to

Motion to move case to plenary docket

A defendant with a counterclaim exceeding the Small Claims Division's monetary jurisdiction who does not waive the excess must move to transfer the case to the plenary docket.

A defendant who has a counterclaim in excess of the monetary jurisdiction of the Small Claims Division and who does not wish to waive the excess of the claim must file a motion to move the case to the plenary docket and pay the required fee.

WARNING

Applies to

Waiver and consent

If all interested parties sign a waiver and consent containing the specified advisements, the Court may decide whether a hearing is required.

If all interested parties sign a waiver and consent stating they have been advised that the additional fee request exceeds the Court’s guidelines and that the services as detailed are extraordinary, the Court may, in its discretion, determine if a hearing is required.

WARNING

Applies to

Motion for continuance

The Court may require a written continuance motion to be signed by the party requesting it.

The Court may require any written Motion for Continuance to be signed by the party requesting the continuance.

WARNING

Applies to

Written motion

No written motion is normally required under the discovery order, except for a motion to compel discovery for a protective order or an extension of time.

9. This discovery order is a continuing order through the trial of this cause, and no written motion shall normally be required except to compel discovery for a protective order, or an extension of time.

WARNING

Applies to

Probate pleading

The appearance and withdrawal rule also applies to all probate pleadings.

This rule shall apply to all probate pleadings.

WARNING

Applies to

Discovery service notice

Discovery requests served on another party must not be filed with the Court; the serving person must notify the Court in writing of service and the answer date.

All discovery requests, including third-party Requests for Production under T.R. 34(C), to be served upon another party shall not be filed with the Court. The person serving such discovery requests shall notify the Court in writing of the service of such discovery requests and the date upon which answers are to be made.

WARNING

Applies to

Withdrawal

The withdrawal requirements in Paragraph 2 are waived when substitute counsel enters an appearance simultaneously with the withdrawal.

A withdrawal of appearance when accompanied by the simultaneous entry of appearance by substitute counsel shall constitute a waiver of the requirements of Paragraph (2) of this rule.

WARNING

Applies to

Interrogatory answer or objection

Answers and objections must reproduce the interrogatory immediately before the response, and objections must clearly state their detailed legal basis or be waived.

2. Answers and Objections. Answers or objections to Interrogatories under Trial Rule 33 shall set forth in full the interrogatory being answered or objected to immediately preceding the answer or objection. Any objection to an interrogatory must clearly state in detail the legal basis upon which it is made, or the objection will be waived.

WARNING

Applies to

Senior judge participation petition

A Senior Judge may elect to participate in special judge selection by submitting a written petition to the Presiding Judge by January 15 of the applicable calendar year.

A Senior Judge may elect to participate in District 19 special judge selection by submitting a written petition to the Presiding Judge no later than January 15 of any calendar year indicating that the Senior Judge wishes to participate during the year.

WARNING

Applies to

Petition

The Court shall have no involvement, other than for opening, closing, and hearing Petitions regarding fees (if sought) in an Unsupervised Administration of a Decedent’s Estate. If the jurisdiction of the Court is invoked for any other matter, the Administration may be converted to a Supervised Administration upon filing a petition with the Court. The Court would then maintain supervised oversight for the remainder of the estate’s administration.

The Court shall have no involvement, other than for opening, closing, and hearing Petitions regarding fees (if sought) in an Unsupervised Administration of a Decedent’s Estate. If the jurisdiction of the Court is invoked for any other matter, the Administration may be converted to a Supervised Administration upon filing a petition with the Court. The Court would then maintain supervised oversight for the remainder of the estate’s administration.

WARNING

Applies to

Videotaped deposition

A transcript must accompany every videotaped deposition filed with the Court.

A transcript of the testimony elicited in the videotape shall accompany all videotaped depositions filed with the Court.

WARNING

Applies to

Bankruptcy stay notice

A party receiving a bankruptcy stay order may file a notice of the order with the court; the notice must identify the party, bankruptcy cause number, and date the stay was issued.

Whenever any party receives an order from the Bankruptcy Court staying proceedings, it shall be sufficient for such party to 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.

INFO

Applies to

Additional jury instructions

Counsel may submit additional instructions during trial on matters that could not reasonably have been anticipated beforehand.

Counsel shall have the right to submit additional instructions during trial on matters which could not reasonably have been anticipated in advance of trial.