Wabash County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Special judge agreement

The parties’ agreement to appoint an eligible special judge must be written and filed in the court where the case is pending.

The agreement of the parties must be in writing and filed in the Court where the case is pending.

CRITICAL

Applies to

Attorney appearance

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.

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.

CRITICAL

Applies to

Document prepared for filing

Must include

case number

Documents prepared for filing by attorneys must include the first twelve digits of the Indiana uniform case number.

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.

CRITICAL

Applies to

Request for hearing or ruling

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.

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.

CRITICAL

Applies to

Written agreement

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.

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.

CRITICAL

Applies to

Criminal defendant withdrawal request

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.

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.

CRITICAL

Applies to

Case record

The attorney responsible for prosecuting or defending the case must ensure that their name appears on the CCS.

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.

CRITICAL

Applies to

Intermediate accounting

The intermediate accounting must propose partial distribution to the extent it can be made without prejudice to distributees and claimants.

The accounting shall propose partial distribution to the extent that it can be done without prejudice to distributees and claimants.

CRITICAL

Applies to

Written order

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.

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).

CRITICAL

Applies to

Affidavit

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.

(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.

CRITICAL

Applies to

Affidavit

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.

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;

CRITICAL

Applies to

Bond

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.

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.

CRITICAL

Applies to

Party agreement

Must include

proposed order

Agreements reached by the parties before or at a hearing must be submitted in writing with a proposed order approving them.

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.

CRITICAL

Applies to

Proposed preliminary instruction

Counsel must file a proposed preliminary instruction on the issues to be decided at trial at the final pretrial conference.

Counsel shall further file at that time a proposed preliminary instruction on the issues to be decided at trial.

CRITICAL

Applies to

Transfer order

A transfer order regarding the transfer and its acceptance must be prepared and entered in the Record of Judgments and Orders.

An appropriate order shall be prepared and entered in the Record of Judgments and Orders regarding the transfer and acceptance of transfer.

CRITICAL

Applies to

Affidavit

The parties must submit an electronic copy of their affidavit to the Court on the trial date by email, compact disc, or diskette, in a format compatible with the Court’s word-processing software.

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.

CRITICAL

Applies to

Proposed final pretrial order

In civil jury cases, counsel must prepare and file a proposed final pretrial order for submission at the final pretrial conference.

(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.

CRITICAL

Applies to

Trial setting request

A party requesting a trial setting must state whether the trial will be to the Court or a jury and the anticipated trial length.

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.

CRITICAL

Applies to

Withdrawal request

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.

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.

CRITICAL

Applies to

Withdrawal request

A withdrawal request must not be granted if withdrawal would deprive the Court of jurisdiction over the party.

No request to withdraw shall be granted where the effect of the withdrawal would be to deprive the Court of jurisdiction over the party.

CRITICAL

Applies to

Pleading motion paper

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.

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.

CRITICAL

Applies to

Pleading motion paper

Each pleading, motion, or paper filed with the Court must identify the representing attorney’s name, address, and telephone number.

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.

CRITICAL

Applies to

Change of venue motion

A motion to change venue must state whether it is timely; if not, it must state its grounds and be verified.

(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.

CRITICAL

Applies to

Transcript fee report

Each court reporter must report transcript fees to the Indiana Supreme Court Division of State Court Administration at least annually.

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.

CRITICAL

Applies to

Receipt

When evidence is removed, the receiving party must give the Court Reporter a detailed receipt, which becomes part of the Court’s file.

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.

CRITICAL

Applies to

Proposed final instructions

In jury cases, counsel for the parties or the State must submit proposed final instructions no later than 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.

CRITICAL

Applies to

Statement

If the closing statement is not timely filed, the personal representative must file a statement explaining why the estate has not been closed when the closing statement is due.

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.

CRITICAL

Applies to

Pre trial notice

A party offering biologically contaminated evidence must file a pre-trial notice with the trial Court 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.

WARNING

Applies to

Criminal defendant withdrawal request

Counsel for a criminal defendant may not be permitted to withdraw after the omnibus date solely because the defendant has not paid counsel’s fees.

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.

WARNING

Applies to

Notice of hearing

The Court fixes motion hearing times; a notice of hearing may specify a date only with prior authorization from the judge, reporter, or bailiff.

(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.

WARNING

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.

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.

INFO

Applies to

Withdrawal of appearance

A withdrawal accompanied by the appearance of replacement counsel complies with paragraph (A)’s withdrawal requirements.

A withdrawal of appearance accompanied by the appearance of other counsel shall constitute compliance with the requirements of paragraph (A) of this Rule.