Wabash County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

1 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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:

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.