Wabash County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A continuance motion made outside the hearing must be written and verified, state that opposing counsel was previously notified and whether counsel acquiesces or objects, and estimate the hearing time required.
- The Court may require the requesting party to sign a written continuance motion and may hold a hearing on the motion, in either case at its discretion.
Request must include
Document Format Requirements9 rules
The reporting shall be made on forms prescribed by the Division of State Court Administration.
Written orders submitted for signature must be single-spaced and identify the submitting attorney and all other attorneys of record or pro se litigants at the lower left of the final page.
- Line spacing
- Single
- Written order
Court's wording
All written orders submitted to the Court for signature shall be single spaced, and shall bear in the lower left hand corner of the final page an indication of the attorney submitting such order and all other attorneys of record (or Pro Se litigants), in order that signed copies may be distributed to all parties of record and/or their attorney(s).
All papers submitted to the Clerk or judge for filing shall be flat and unfolded, unless received by mail. Typewritten pages shall have no covers or backs and shall be fastened together at the top and at no other place.
Such proposed instructions shall be submitted under separate cover, in duplicate, with one set bearing the number of the tendered instruction and any supporting authority, and the other without any markings indicating the party submitting the instructions, with the exception of the attached cover sheet.
- Proposed final instructions
Formatting
- •Submit under separate cover, in duplicate
Each Affidavit shall list the property and debts of the parties in the same order and using the same numbers. To the extent respective Affidavits include property or debts not included by the other party they shall be separately numbered.
Filings requiring action by the Court should be submitted to the Court in person, or by submitting a proposed docket sheet entry on minute sheets.
(A) No duplicated forms containing interrogatories shall be served upon a party unless all interrogatories or special forms are consecutively numbered and applicable to the particular cause in which they are sought.
Each interrogatory shall be numbered individually and consecutively.
Filings not requiring action by the Court may be submitted to the Reporter for entry by proposed docket entries written on minute sheets provided for that purpose.
Document Filing Requirements32 rules
When a court reporter uses court equipment, workspace, or supplies for private practice with the court’s agreement, the parties must enter a written agreement specifying the market rate, recordkeeping method, and reimbursement method.
Court's wording
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 equipment for such purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: (a) The reasonable market rate for the use of equipment, workspace, and supplies; (b) The method by which records are to be kept for the use of equipment, work space and supplies; and (c) The method by which the court reporter is to reimburse the court for the use of the equipment, workspace and supplies.
Each court reporter must report transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.
Court's wording
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 Division of State Court Administration.
AT the time of removal, detailed receipts shall be given to the Court Reporter by the party receiving and removing the evidence and the receipt will be made part of the Court’s file.
A party offering biologically contaminated evidence must file a pre-trial notice with the trial Court before trial.
Court's wording
A party who offers biologically contaminated evidence must file a pre-trial notice with the trial Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
An attorney must file an appearance when filing for a party, and later-entering counsel must file a formal written appearance before entering an appearance.
Court's wording
At the time of filing the attorney shall also file his or her appearance for the party he or she intends to represent. Thereafter any attorney entering his or her appearance after the original filing of the cause shall first file his or her formal written appearance for the party he or she intends to represent.
Attorneys preparing documents for filing shall have as a part of the documents the first twelve digits of the uniform case numbering system as adopted by the Supreme Court of the State of Indiana.
- Document
- Document prepared for filing
Must include
- •Case number
The individual attorney responsible for the prosecution or defense of the case shall make certain that his or her name appears on the CCS of the cause.
The final page of a written order submitted for signature must identify the submitting attorney and all other attorneys of record or pro se litigants in its lower-left corner.
Court's wording
All written orders submitted to the Court for signature shall be single spaced, and shall bear in the lower left hand corner of the final page an indication of the attorney submitting such order and all other attorneys of record (or Pro Se litigants), in order that signed copies may be distributed to all parties of record and/or their attorney(s).
In noncriminal matters, counsel seeking withdrawal must file a formal request stating brief reasons and describing efforts to contact the client and/or providing evidence of written notice to the client.
Court's wording
Counsel desiring to withdraw their appearance in any cause other than criminal shall file a formal request to do so. Included as a part of said request shall be a brief statement of the reasons for such request, a statement of efforts made to contact the client affected thereby, and/or evidence of written notice to the client of the request to withdraw.
No request to withdraw shall be granted where the effect of the withdrawal would be to deprive the Court of jurisdiction over the party.
A pleading, motion, or paper must meet the stated attorney-signature and conformity requirements to be accepted, subject to personal-verification exceptions; an inadvertently accepted nonconforming pleading is stricken unless striking would cause substantial prejudice.
Court's wording
Unless a pleading, motion or paper is personally verified by another person, any pleading, motion or paper which is not signed by at least one attorney of record as required by Indiana Trial Rule 11, or which is found not to be in conformity with the above rules shall not be accepted for filing by the Clerk. This requirement shall not apply to papers personally verified by a party. If such pleadings or orders are inadvertently accepted for filing, upon discovery of the error or omission, such pleading shall be stricken from the record unless substantial prejudice would be caused to a party by that striking.
Every pleading, motion or paper filed with the Court shall clearly identify the name, address, and telephone number of the attorney representing the party filing the pleading.
Counsel seeking to withdraw for a criminal defendant must file a formal request stating the reasons, whether the request is timely under statute, and, if untimely, its statutory basis.
Court's wording
Counsel wishing to withdraw their appearance for a criminal defendant shall file a formal request to do so. Included as a part of the request shall be a brief statement of the reasons for the request, whether the request is made timely under statute, and if not timely, the statutory basis upon which the withdrawal is requested.
Agreements arrived at by the parties, whether before or at the time of hearing, shall be required to be submitted in written form by the parties with a proposed order approving such agreements.
- Document
- Party agreement
Must include
- •Proposed order
After a case is transferred from another county, a party seeking a hearing or ruling on a matter filed there must first submit a written request to bring the matter to the judge’s attention.
Court's wording
In the event that a case is venued to the Court as a result of a motion for change of venue filed in another county, a party who requests a hearing or ruling on any matter filed while the case was in the other county shall first bring such matter to the attention of the judge by written request for hearing or ruling.
A motion to change venue must state whether it is timely; if not, it must state its grounds and be verified.
Court's wording
(E) Motions for Change of Venue from the County or the Judge under the Indiana Trial Rules shall state within the motion whether they are timely filed, and if not, shall set out the grounds and be verified as required by rule.
Counsel shall further file at that time a proposed preliminary instruction on the issues to be decided at trial.
(D) In all civil cases to be tried to a jury, Counsel shall prepare and file with the Court a proposed final pretrial order to be submitted to the Court at the time of the final pretrial conference.
Parties requesting a trial setting shall indicate in the request whether the trial is to the Court or a jury, and the anticipated length of trial.
(E) In all cases to be tried to a jury, Counsel for the respective parties or the State of Indiana shall submit proposed final instructions to the Court no later than three days prior to trial.
The agreement of the parties must be in writing and filed in the Court where the case is pending.
For a contested dissolution, the parties must submit a sworn affidavit listing their property, its estimated value when the dissolution was filed, proposed distribution, outstanding debts and specified asset categories.
Court's wording
(A) Not less than one (1) business day before the time of final hearing on any contested dissolution, the parties to the dissolution shall submit to the Court an affidavit, under penalties of perjury, setting forth all of the property owned by the parties, their estimate of the value of the property when the dissolution was filed and their proposed distribution. As a part of the affidavit, the parties shall also list all outstanding debts of the parties, the amounts owed as of the date of filing and their proposed distribution. Each affidavit shall include the following: 1. A general statement of household furnishings, furniture, appliances and equipment, unless the value of an individual piece exceeds $100.00. Such a piece should then be listed as a separate item. 2. Vehicles of any kind 3. Securities - stocks, bonds etc. 4. Cash and Deposit Accounts of any kind 5. Life Insurance policies which have any cash surrender value 6. Profit sharing or retirement accounts and a statement of whether all or any is vested 7. Real Estate. 8. Business interest, including name, type, value and indebtedness. 9. Any other assets not included in the foregoing.
Each party must identify which asset and debt values are agreed or disputed, using highlighting or another method the parties determine will aid the Court.
Court's wording
Each party shall further indicate on their Affidavit which assets and debts they are in agreement or disagreement on (whichever is easier) as to values, which may be accomplished by highlighting such agreed or disagreed values or by such other method to reflect areas of agreement or disagreement as the parties shall determine will aid the Court;
In every estate the personal representative, before entering upon his or her duties, shall file a bond not less that the value of the personal property to be administered, except as provided in the following circumstances: 1. Where, under the terms of the Will, the testator indicates that the bond may be dispensed with. 2. Where the personal representative is an heir or legatee of the estate, the bond may be reduced by the personal representative’s share. 3. Where the heirs have filed a written request that the personal representative serve without bond. 4. Where the personal representative is a banking institution.
Submit to the Court on the date of trial a copy of their Affidavit in electronic format via e-mail, compact disc or diskette and in a format compatible with the Courts word processing software.
A personal representative who does not timely file a closing statement as required shall file with the Court a statement indicating why the estate has not been closed. This statement will be filed at the time the closing statement is due, if the closing statement is not timely filed.
The accounting shall propose partial distribution to the extent that it can be done without prejudice to distributees and claimants.
An appropriate order shall be prepared and entered in the Record of Judgments and Orders regarding the transfer and acceptance of transfer.
Counsel for a criminal defendant may not be permitted to withdraw after the omnibus date solely for the reason that the defendant has not paid his fees.
In a concluded qualifying family law matter, the appearance is presumed withdrawn 30 days after entry of a complete and final order, without a formal motion unless withdrawal is sought during the proceedings or counsel wants their name removed from the CCS for notice purposes.
Court's wording
In “Family Law Matters” defined as any proceeding involving dissolution of marriage, child support, custody or paternity where counsel has been retained or appointed, at the conclusion of such Family Law Matter where the pending issue(s) have been resolved by the entry of a complete and final order, the Court and Counsel shall presume that an attorney’s appearance has been withdrawn from that case after the expiration of thirty days from the date of entry of the final order. No formal Motion to Withdraw shall be required to be filed unless the withdrawal is sought during the course of the pending proceedings; or, if counsel wants their name removed from the Chronological Case Summary for Purposes of receiving notice.
(B) The time of hearing motions shall be fixed by the Court. Dates of hearing shall not be specified in the notice of hearing of the motion unless prior authorization shall be obtained from the judge, the reporter or bailiff.
A withdrawal of appearance accompanied by the appearance of other counsel shall constitute compliance with the requirements of paragraph (A) of this Rule.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in Wabash County.
Attorneys are required to e-file in this county;
Page 1 | E-file a case
Others are encouraged, but not required, to e-file in Wabash County.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
Pleadings must be file-stamped before submission for notation on the CCS, except pleadings filed by mail.
All pleadings shall be file stamped before being submitted for notation on the CCS, unless filed by mail.
Page 10 | Trial Rules
The time limits under Indiana Trial Rule 53.1 begin to run on the date the request for hearing or ruling is filed.
The time period for calculation of the time limits imposed under Indiana Trial Rule 53.1 shall begin to run on the date of filing of such a request for hearing or ruling.
Page 11 | LR85-TR73-5 Hearing of Motions
Proposed final instructions are due at least three days before trial.
(E) In all cases to be tried to a jury, Counsel for the respective parties or the State of Indiana shall submit proposed final instructions to the Court no later than three days prior to trial.
Page 12 | LR85-TR16-7 Pre-trial Conferences
The affidavit for a contested dissolution must be submitted at least one business day before the final hearing.
(A) Not less than one (1) business day before the time of final hearing on any contested dissolution, the parties to the dissolution shall submit to the Court an affidavit, under penalties of perjury, setting forth all of the property owned by the parties, their estimate of the value of the property when the dissolution was filed and their proposed distribution.
Page 14 | LR85-FL00-2 Dissolution Proceedings
The affidavit copy must be submitted to the Court on the date of trial.
Submit to the Court on the date of trial a copy of their Affidavit in electronic format via e-mail, compact disc or diskette and in a format compatible with the Courts word processing software.
Page 15
The personal representative must close the estate as promptly as possible and, absent good cause, file the final account within one year of appointment.
Every personal representative shall close the estate as promptly as possible. Unless for good cause shown, the time for filing a final account in the estate shall not exceed one (1) year from the appointment of a personal representative.
Page 15 | Probate Proceedings
The required bond must be filed before the personal representative enters upon their duties.
In every estate the personal representative, before entering upon his or her duties, shall file a bond not less that the value of the personal property to be administered, except as provided in the following circumstances:
Page 15 | Probate Proceedings
The explanation for the unclosed estate must be filed when the closing statement is due if that statement is not timely filed.
This statement will be filed at the time the closing statement is due, if the closing statement is not timely filed.
Page 15 | Probate Proceedings
To establish good cause for not closing the estate as directed, the personal representative must file an intermediate accounting within 30 days after the one-year period expires, proposing partial distribution where it can be made without prejudice.
Good cause for not closing an estate as so directed shall be shown by filing an intermediate accounting no later than thirty (30) days after the expiration of one year. The accounting shall propose partial distribution to the extent that it can be done without prejudice to distributees and claimants.
Page 16 | Probate Proceedings
Parties on a second or later trial setting must be ready to proceed on that date unless they are notified at least seven days beforehand that the primary setting will be tried.
Second, Third, Fourth and Fifth (and further) settings shall be required to stand trial on the date so set unless notified seven (7) days in advance of trial that the primary setting will be tried.
Page 12 | LR85-TR40-8 Trial Assignment
After the specified order is noted on the CCS, the parties may agree to appoint an eligible special judge within seven days.
Pursuant to TR 79(D) - Within seven (7) days of the notation on the Chronological Case Summary (CCS) of an Order granting a change of judge or an order of disqualification, the parties may agree to the appointment of an eligible special judge.
Page 13 | LR85-TR 79-10 Selection of a Special Judge Pursuant to Trial Rule 79(H)
Service and Proof of Service Rules
A party offering biologically contaminated evidence must serve all parties with the pre-trial notice before trial.
A party who offers biologically contaminated evidence must file a pre-trial notice with the trial Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.
Page 8 | Biologically Contaminated Evidence
The Court must mail attorneys of record, and unrepresented parties, actual notice of the date by which evidence must be retrieved before it is destroyed.
In all cases, Court shall provide actual notice, by mail, to all attorneys of record and to parties only if unrepresented by Counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 8 | Notification and Disposition
In a concluded Family Law Matter, parties must serve the opposing party directly and may not serve counsel whose name remains on the CCS instead.
Parties serving an opposing party in any Family Law Matter that has been so concluded shall be required to serve the opposing party and may not effect service by serving counsel whose name remains on the Chronological Case Summary.
Page 10 | Trial Rules
The parties must exchange the affidavits at least seven days before trial.
Exchange with each other such Affidavits not less than seven (7) days before trial;
Page 15
Filing Fees and Waivers
Participants in the Wabash County Reentry Court Program must pay an initial $100 administrative fee.
Those persons directed to participate in the Wabash County Reentry Court Program shall pay an initial $100.00 administrative fee plus an additional $50.00 monthly user fee.
Page 18 | LR85-MI00-3 Wabash County Reentry Court Program
Participants in the Wabash County Alcohol/Drug Court Program must pay a $300 program fee.
Those persons directed to participate in the Wabash County Alcohol/Drug Court Program shall pay a $300 program fee, as well as any additional costs associated with recommended treatment.
Page 18 | LR85-MI00-1 Alcohol and Drug Court Fee
Participants in the Wabash County Drug Court Program must pay an initial $100 administrative fee.
Those persons directed to participate in the Wabash County Drug Court Program shall pay an initial one-hundred dollar ($100.00) administrative fee and a Problem-Solving Court Services fee not to exceed fifty dollars ($50) per month per referral to a Problem- Solving Court.
Page 18 | LR85-MI00-2 Wabash County Drug Court Program
An expedited transcript prepared in ten days or less may incur an additional charge of no more than $1.00 per page.
The maximum fee that a court reporter may charge for an expedited transcript is an additional $1.00 per page (anything prepared in ten (10) days or less).
Page 4 | Section Two. Salaries and Per Page Fees
A private transcript may be charged at no more than $5.00 per page.
The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $5.00 per page.
Page 4 | Section Two. Salaries and Per Page Fees
The minimum charge for a private transcript is $35.00.
The minimum fee that a court reporter may charge for a private transcript is $35.00.
Page 4 | Section Two. Salaries and Per Page Fees
For a county indigent transcript prepared using county equipment, the reporter must pay the county $0.05 per page and may either reduce the transcript fee by that amount or submit payment to the county auditor with a statement describing the payment.
Further, if the court reporter uses county equipment, he/she shall pay the county five cents ($.05) per page. The court reporter may reduce the fee charged by this amount or may submit payment to the Auditor of Wabash County with an attached statement indicating a description of payment rendered.
Page 4 | Section Two. Salaries and Per Page Fees
For a private transcript prepared using county equipment, the reporter must pay or arrange payment of the fee referenced in paragraph 6, pay the county $0.10 per page, and submit payment to the county auditor with a statement describing the payment.
Further, if the Court Reporter uses county equipment, he/she shall pay or arrange for payment to the county of the fee set out in the schedule in paragraph 6 hereof. Further, if the court reporter uses county equipment, he/she shall pay the county ten cents ($.10) per page. The court reporter shall submit payment to the Auditor of Wabash County with an attached statement indicating a description of payment rendered.
Page 4 | Section Two. Salaries and Per Page Fees
A state indigent transcript may be charged at no more than $4.50 per page.
The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $4.50 per page.
Page 4 | Section Two. Salaries and Per Page Fees
A county indigent transcript may be charged at no more than $4.50 per page, and the court reporter must submit a claim directly to the court.
The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $4.50 per page; the court reporter shall submit a claim directly to the court for the preparation of any county indigent transcripts.
Page 4 | Section Two. Salaries and Per Page Fees
Index and Table of Contents pages should be charged by the court reporter at the per page rate being charged for the balance of the transcript.
Index and Table of Contents pages should be charged by the court reporter at the per page rate being charged for the balance of the transcript.
Page 4 | Section Two. Salaries and Per Page Fees
The reporter may charge an additional labor fee, approximating the reporter’s hourly compensation rate, for time spent binding the transcript and exhibits.
An additional labor charge approximating the hourly rate based upon the court reporter’s annual court compensation may be charged for the time spent binding the transcript and exhibits.
Page 4 | Section Two. Salaries and Per Page Fees
Pre-Motion Conference Requirements
A pretrial conference is required in every civil and criminal case except dissolution, attendant, paternity, mental health, and juvenile actions; in those excepted actions, one may be held only upon request or the Court’s own motion.
(A) There shall be a pretrial conference in every case, civil and criminal, with the exception of dissolution of marriage and attendant actions, paternity, mental health and juvenile actions. Pretrial conferences in actions excepted by this rule may be held only upon request or upon the Courts own motion.
Page 11 | LR85-TR16-7 Pre-trial Conferences
Adjournment & Extension Requirements
A continuance motion made outside the hearing must be written and verified, state that opposing counsel was previously notified and whether counsel acquiesces or objects, and estimate the hearing time required.
(A) Motions for continuance, unless made during the hearing of the cause, shall be in writing and verified. Said motions shall contain as a part thereof a statement that opposing counsel has been previously notified of the request, and an indication of the acquiescence or objection of opposing counsel to said continuance. Further, said motions shall contain an estimate of the time required for the hearing of the cause.
Page 11 | LR85-TR53.5-6 Continuances
The Court may require the requesting party to sign a written continuance motion and may hold a hearing on the motion, in either case at its discretion.
(B) The Court, in its discretion, may require any written motion for continuance to be signed by the party requesting same. (C) The Court may, in its discretion, hold a hearing on the motion for continuance.
Page 11 | LR85-TR53.5-6 Continuances
Chambers Communication Rules
The filing party must bring a motion, petition, or request requiring oral argument or a ruling to the judge’s attention within three days after filing.
(A) The filing of any motion, petition or request with the Clerk of the Court or with the Court which requires oral argument or ruling by the Court shall be brought to the attention of the judge by the party filing same within three days of such filing.
Page 11 | LR85-TR73-5 Hearing of Motions
Plaintiff’s counsel must inform the Court whether the issues have settled no later than ten days before trial.
Counsel for the Plaintiff shall inform the Court no later than ten (10) days before trial as to whether settlement of the issues has been achieved.
Page 12 | LR85-TR40-8 Trial Assignment
In criminal cases, counsel for the State and defense must confirm with the Court’s Bailiff whether trial will proceed at least seven days before trial.
(D) In all criminal cases, Counsel for the State and Defense shall confirm with the Court’s Bailiff, not less than seven (7) days prior to the trial, whether the trial will proceed.
Page 12 | LR85-TR40-8 Trial Assignment
Failure to confirm whether a criminal trial will proceed may result in losing the trial date.
Failure to confirm may result in loss of the trial date.
Page 12 | LR85-TR40-8 Trial Assignment
Contact the local court directly with questions about jury duty, an upcoming court date, or an unavailable case document.
Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts