Wayne County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship accounting

Social Security or Medicare benefits received for an incapacitated person must be included and accounted for in guardianship accountings unless the Court previously approved direct payment to a residential or healthcare facility.

8.3 All Social Security or Medicare benefits received on behalf of an incapacitated person shall be included and accounted for in the guardianship accountings unless Court approval has been previously granted to allow said funds to be paid directly to a residential or healthcare facility.

CRITICAL

Applies to

Prosecution request for arrest warrant

A prosecution request for an arrest warrant must include the prosecution’s bail recommendation and its reasons.

Prosecution requests for arrest warrants shall include any prosecution’s recommendation regarding bail amount and the reasons therefor.

CRITICAL

Applies to

Summons and notice

In relevant family law matters, the Parenting Together instruction sheet and cooperation notice sheet must accompany the Appendix A Summons and Notice and be provided to pro se filers; the green notice sheet is in Appendix D.

In all relevant family law matters, an instruction sheet on Parenting Together to Keep Kids First and a cooperation notice sheet regarding cooperation in family law cases are included with the Summons and Notice set forth in Appendix A and provided to pro se filers. The green notice sheet is set forth in Appendix D.

CRITICAL

Applies to

Request to supplement jury questionnaire

A request to supplement the Court’s jury questionnaire must be made in writing before the final pretrial conference and include a verbatim proposed questionnaire.

Requests to supplement the Court’s jury questionnaire shall be made in writing prior to the final pretrial conference and shall include a verbatim proposed questionnaire.

CRITICAL

Applies to

Agreed case management plan

The parties' Agreed Case Management Plan must set out the listed mediation, discovery, amendment, motion, trial, and witness-and-exhibit scheduling information.

Within ten (10) days after meeting but, in any event, within one hundred eighty (180) days of filing the Complaint, the parties to the action shall file an Agreed Case Management Plan setting forth: 1. The likelihood of mediation and settlement; 2. A detailed schedule of discovery for each party, including an agreed upon date by which discovery shall be completed and finalized; 3. A limitation on the time to join additional parties and to amend the pleadings; 4. A limitation on the time to file all pretrial motions, excluding motions in limine; 5. A preliminary estimate of the time required for trial; 6. The date by which the parties reasonably anticipate the case will be ready for trial; 7. A date by which mediation shall be completed; and, 8. A date by which preliminary witness and exhibit lists shall be exchanged and filed, including the date by which expert and/or skilled witnesses shall be disclosed if different from the date by which other witnesses must be disclosed.

CRITICAL

Applies to

Petition

A person seeking appointment as personal representative or guardian of the estate must file with the petition a signed acknowledgment of the Court’s fiduciary instructions, using the form in Appendix B.

2.6 Every person seeking appointment of personal representative or guardian of the estate shall file with the petition a signed acknowledgment of Court=s instructions to the fiduciary. The instructions shall be in the form of the instructions as set out in Appendix B.

CRITICAL

Applies to

Wrongful death settlement order

A personal representative pursuing a wrongful death claim must obtain a probate court order approving the settlement terms, authorizing execution, and approving distribution of proceeds, including attorney fees, before entering into the settlement agreement.

10.1 No personal representative pursuing a wrongful death claim shall enter into an agreement to settle the claim without obtaining an order from the probate court approving the terms of the settlement, authorizing the personal representative to execute the settlement agreement and approving distribution of the settlement proceeds, including payment of attorney fees incurred in pursuing the wrongful death claim.

CRITICAL

Applies to

Proposed order

The order must include the label “Date: ” so the Court can enter the appropriate date.

Date of the order shall be denoted by “Date: ” so as to allow the Court to transcribe the appropriate date.

CRITICAL

Applies to

Pleadings and documents

Must include

case number

After notice of the TP case number, all pleadings and documents concerning the parcel must include both the TS and TP case numbers in the caption.

Once the parties are notified of the TP case number as required above, both the TS and TP case numbers shall be included in the caption of all pleadings and documents filed regarding a particular parcel.

CRITICAL

Applies to

Child support obligation worksheet

In a Family Case involving child support, each party must file an Indiana Child Support Obligation Worksheet with any settlement or submit one or more worksheets to the Court at any hearing or trial, as the facts require.

In all Family Cases involving child support, each party shall file with any settlement, or submit to the Court at any hearing or trial, an Indiana Child Support Obligation Worksheet(s) – one or more depending upon the facts.

CRITICAL

Applies to

Certificate of service

A Trial Rule 5 certificate of service must identify each attorney, party, or representative served and provide their address, including email address.

The Certificate of Service as required by Trial Rule 5 of the Indiana Rules of Trial Procedure shall specifically set forth the names and addresses, including email addresses, of the attorney(s), party(ies), or representative(s) to whom the document has been sent.

CRITICAL

Applies to

Motion for provisional order seeking child support

A motion for a provisional order seeking child support or a modification must include a proposed Child Support Obligation Worksheet.

All Motions for Provisional Order seeking child support or a modification thereof shall be accompanied by a proposed Child Support Obligation Worksheet.

CRITICAL

Applies to

Surviving collaborative agreement

Must include

proposed order

If the parties agree that an agreement reached during the collaborative process survives termination, they must file it with the Court together with a proposed order for ratification.

If the parties agree that any full or partial, temporary or permanent agreements that may have been reached during the process survive the termination of the collaborative process, such agreement shall be filed with the Court with a proposed order for the Court to consider for ratification.

CRITICAL

Applies to

Additional attorney fee request

For additional attorney fees in mechanics lien cases, the attorney must file a verified petition or affidavit detailing services and time expended and addressing the matters referred to in Rule 1.5.

In instances where additional fees are requested, the attorney shall file a Verified Petition/Affidavit which details the services and times expended thereon and including those matters referred to in Rule 1.5 of the Rules of Professional Conduct.

CRITICAL

Applies to

Petition for unsupervised administration

A petition for unsupervised administration of an estate must comply with Indiana Code 29-1-7.5.

11.1 Any petition for unsupervised administration of an estate must comply with Indiana Code 29-1-7.5.

CRITICAL

Applies to

Jury trial waiver

A jury trial may be waived only in open court or through a written waiver signed by the defendant and defense counsel.

Jury trials shall only be waived by the defendant in open court and/or by written waiver signed by defendant and by defense counsel.

CRITICAL

Applies to

Petition for tax deed

A Petition for Tax Deed must include a copy of the required title search.

A Petition for Tax Deed shall be accompanied by a copy of the Title Search required above.

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem report must be designated “Confidential.”

The report shall be designated as “Confidential.”

CRITICAL

Applies to

Appearance form

Retained or appointed defense counsel must immediately file a written Appearance form containing the specified contact and attorney-identification information.

Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed by signing and filing a written Appearance form containing counsel’s name, attorney number, address, telephone number, email address.

CRITICAL

Applies to

Order granting exclusive possession without hearing

An order granting exclusive possession of the marital residence without a hearing must contain the specified restraint and law-enforcement language.

If an Order granting exclusive possession of the marital residence to one spouse is entered by the Court without hearing under this Rule, such Order shall contain the following language: “The is hereby restrained from entering marital residence located at and the Wayne County Sheriff’s Department, Richmond Police Department, or other appropriate law enforcement agency shall use all reasonable force, including arrest, to remove a party from the premises upon presentation of such an Order.”

CRITICAL

Applies to

Supervised estate or guardianship accounting

Supervised estate and guardianship accountings must be filed with vouchers, specified financial records, or other Court-acceptable evidence supporting claimed expenditures.

8.4 In all supervised estate and guardianship accountings, vouchers, canceled checks, bank statements, check images provided by the financial institution, or other evidence of expenditures acceptable to the Court for the expenditures claimed, shall be filed with the accounting.

CRITICAL

Applies to

Fee petition

In a supervised estate or guardianship, the attorney for the estate must file a fee petition and obtain court approval before attorney or fiduciary fees are approved.

9.1 No fees for fiduciaries or attorneys shall be approved in any supervised estate or guardianship until the Court has approved a fee petition filed by the attorney for the estate.

CRITICAL

Applies to

Trial setting or hearing request

A Certificate of Cooperation must be completed and filed with trial-setting or hearing requests expected to take at least 30 minutes.

A Certificate of Cooperation shall be completed and filed with all requests for trial settings or hearings that are reasonably anticipated to take at least thirty (30) minutes or more of court time.

CRITICAL

Applies to

Child support obligation worksheet

A request for a provisional order contemplating child support must have a Child Support Obligation Worksheet attached to the motion or supporting affidavit, with reasonably obtainable supporting documentation, such as a recent pay stub, and/or an explanation of the calculations in the motion.

In any request for provisional order that contemplates any order for child support, a Child Support Obligation Worksheet - with as much supporting documentation as can reasonably be obtained at the time such as a recent pay stub and/or an explanation in the body of the Motion as to how the figures were computed - shall be attached to either the Motion for Provisional Order or Affidavit in Support.

CRITICAL

Applies to

Request for relief

A person seeking relief regarding property sold at a tax sale must provide the parcel number, tax sale certificate number, street address, and a brief legal description, in addition to the information required by TR3.1.

In addition to that information required by TR3.1, each person seeking any relief regarding property sold at a tax sale shall provide the following information as to the subject parcel of real estate: 1. Parcel number; 2. Tax sale certificate number; and 3. Street address and brief legal description of the parcel’s location.

CRITICAL

Applies to

Probate notice

The petitioner or movant must prepare and file notices required at the outset of a probate estate with the Clerk under Indiana Rule of Trial Procedure 86(D).

1.1 Notices required at the outset of a probate estate shall be prepared by the petitioner or movant and shall be filed with the Clerk in accordance with Indiana Rule of Trial Procedure 86(D).

CRITICAL

Applies to

Case management order

When a jury has been requested, the parties must submit an Agreed Case Management Order.

1. Jury Trials. In those cases where a jury has been requested, an Agreed Case Management Order is required and hearings will be scheduled consistent with LR89- TR- 011.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion seeking a court order must be accompanied by enough proposed orders for the Court to execute if it grants the motion.

All motions seeking an order of the Court shall be accompanied by a sufficient number of proposed Orders to be executed by the Court in granting the motion.

CRITICAL

Applies to

Pleading

Every filed pleading must contain the attorney’s name, address, telephone number, and Registration Number.

2.4 All pleadings filed shall contain the attorney=s name, address, telephone number, and attorney’s Registration Number.

CRITICAL

Applies to

Stipulation

Stipulations must be written and signed by counsel and the defendant personally, except when made during an open-court hearing or trial.

All stipulations shall be reduced to writing, signed by counsel and by the defendant personally, unless made during the course of a hearing or trial in open Court.

CRITICAL

Applies to

Final account

The Account and the clerk’s Certification must be filed before the Final Account is approved.

Account, and a clerk's Certification thereof shall be filed with the Court before such Final Account shall be approved.

CRITICAL

Applies to

Fee request

For a requested fee in a supervised estate that relates to the specified non-probate services, the basis for the request must be set out in Appendix A’s “Explanation of Additional Fees Claimed” section.

To the extent any portion of a requested fee in a supervised estate relates to these services, the basis for such request shall be set out within the Section of Appendix A entitled Explanation of Additional Fees Claimed.@

CRITICAL

Applies to

Inventory

If a partial inventory is filed, every subsequent inventory must recapitulate the prior inventories.

4.2 In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of prior inventories.

CRITICAL

Applies to

Appearance form

Lead counsel for the Wayne County Prosecuting Attorney must file an Appearance form with the specified particulars in each pending criminal case in the listed courts.

Lead counsel for the Prosecuting Attorney of Wayne County shall appear and file an Appearance form, with the same particulars as set forth in subparagraph A above, in each pending criminal case filed with the Clerk of the Wayne Circuit, Superior 1, Superior 2, and Superior 3 Courts.

CRITICAL

Applies to

Additional attorney fee request

For additional attorney fees in cases involving written instruments, the attorney must file a verified petition or affidavit detailing services and time expended and addressing the matters referred to in Rule 1.5.

In instances where additional fees are requested, the attorney shall file a Verified Petition/Affidavit which details the services and times expended thereon, and includes those matters referred to in Rule 1.5 of the Rules of Professional Conduct.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be in writing and requires leave of Court.

All withdrawals of Appearance shall be in writing and by leave of Court.

CRITICAL

Applies to

Objections to motions in limine

Each written objection to a Motion in Limine must be numbered, clearly identify the objectionable matter, and include citations of authority.

Written objections shall be numbered and shall specify distinctly and with clarity the objectionable matter to the Motion in Limine. Each objection shall be accompanied by citations of authority.

CRITICAL

Applies to

Appointment request

Requests to appoint a custodial evaluator or parenting coordinator must be written and include the specified certifications and Certificate of Cooperation.

All requests for the appointment of a custodial evaluator and/or a parenting coordinator must be (1) in writing, (2) certify that both parties and their counsel, if any, have engaged in at least one good faith attempt to resolve the issues through the use of a settlement conference or mediation and also certify the following: A. both parties have completed any mandatory website work required by LR89-FL00-4(D); B. both parents have completed any mandatory co-parenting class required by LR89- FL00- 8; C. both parties have exchanged their merged Worksheets of any mandatory website work as required by LR89-FL00-4(D); D. both parties and their attorneys, if any, have engaged in at least one good faith attempt to resolve the issues through the use of a settlement conference or consultation; and E. a Certificate of Cooperation pursuant to LR89-FL00-4(D) and in the form of Appendix C to these Rules is included with the request for the appointment of a custodial evaluator or parenting coordinator.

CRITICAL

Applies to

Interrogatory answer or objection

Answers or objections to interrogatories under Trial Rule 31 or 33 must reproduce each interrogatory in full immediately before the answer or objection.

Answers or objections to interrogatories under TR 31 or 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objection.

CRITICAL

Applies to

Estate accounting

Estate accountings must comply with Indiana Code 29-1-16.

8.1 Accountings for estates must comply with Indiana Code 29-1-16.

CRITICAL

Applies to

Petition or motion

Covered petitions and motions other than initial filings must include an Appendix C Certificate of Cooperation confirming compliance with E(2) and Appendix C; the stated designated cases and child-related matters also require the certificate, which may include additional helpful matters.

All petitions and motions, except initial filings, filed by counsel and parties without counsel, including motions of any type or character for contempt or rule to show cause, shall include a Certificate of Cooperation in the form prescribed by Appendix C of these Rules and shall, at a minimum, confirm compliance with each of the requirements in paragraph E(2) in addition to those matters set forth in Appendix C. The Certificate of Cooperation may also include additional matters that a party or counsel believes would be helpful to the Court in acting as a problem solver and generating a culture of co-parenting for the long-term benefit of families. A Certificate of Cooperation is required in all cases designated as DN (domestic relations, no children), DC (domestic relations with children), JP (juvenile paternity), or RS (reciprocal support) involving child custody, child support, parenting time, insurance and/or health benefits for a child, tax dependency claims, and mental health and/or counseling for a child, including any request for a modification of such provisions or a finding of contempt with respect to such provisions.

CRITICAL

Applies to

Summons and notice

In relevant family law matters, the petitioner must use the Summons and Notice form in Appendix A.

In all relevant family law matters, the petitioner shall use the form of Summons and Notice set forth in Appendix A.

CRITICAL

Applies to

Petition for guardian appointment

Every petition to appoint a guardian of a minor child or incapacitated adult must contain the information required by Indiana Code 29-3-5.

12.3 In every petition for the appointment of a guardian of the person of a minor child or an incapacitated adult, the petition shall contain the information required by Indiana Code 29-3-5.

CRITICAL

Applies to

Order

Two original orders must be presented to the Clerk when filing in probate matters.

13.3 In all probate matters, two (2) original orders shall be presented to the Clerk at the time of filing.

CRITICAL

Applies to

Accounting

Every accounting submitted to the Court must include an itemized statement of assets on hand.

8.6 All accountings to the Court shall contain an itemized statement of the assets on hand.

CRITICAL

Applies to

Hearing or case related appointment

Parents must combine and review their chosen Commitments and bring copies of the Agreed Commitments to hearings and other case-related appointments.

Parents shall merge their chosen Commitments from their website work into a set of Agreed Commitments, review those Agreed Commitments, and take copies of them to any hearing or other case-related appointment.

CRITICAL

Applies to

Order

Attorneys must prepare orders for all proceedings unless the Court expressly directs otherwise.

2.2 All attorneys are required to prepare orders for all proceedings except when expressly directed otherwise by the Court.

CRITICAL

Applies to

Initial hearing waiver request

A request to waive the initial hearing must be made by written motion; the written request must be signed by defense counsel and the defendant if possible and include the specified advisements and representations.

The Court may, upon written motion, grant a defendant’s request for waiver of initial hearing. Such request for waiver shall be in writing and signed by the defendant’s attorney and defendant, if possible, and shall include at a minimum the following: 1. Defendant’s counsel has or will read and explain to defendant the Information; 2. Defendant’s counsel has or will advise defendant that the defendant has the following rights, and will assure the Court that defendant understands such rights: a. The right to a public and speedy trial; b. The right to a trial by jury; and, in order to preserve the right to a trial by jury for a misdemeanor charge, a written demand for trial by jury must be filed at least ten (10) days before the first trial date; c. The right to the privilege against self-incrimination; d. The right to confront the State’s witnesses and to cross-examine those witnesses; e. The right to present evidence on defendant’s behalf, and to subpoena witnesses to testify on defendant’s behalf; f. The right to require the State to prove defendant’s guilt beyond a reasonable doubt; g. The right to obtain counsel of defendant’s choosing at defendant’s expense; and, h. The right to assigned counsel at no expense to defendant if defendant cannot afford an attorney.

CRITICAL

Applies to

Agreed upon fact instruction

Counsel must file an agreed-upon fact instruction.

Counsel shall file an agreed upon fact Instruction so that it is actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court may order.

CRITICAL

Applies to

Pretrial statement

Pretrial statements must address all matters important to trial and include the specified topics in separate numbered paragraphs, including exhibits and a numbered witness list with addresses and designated expert witnesses.

At least forty-eight (48) hours prior to both the preliminary and final pretrial conferences, counsel for each party shall file pretrial statements which shall include all matters deemed important to the trial of the cause, but must include all information set forth in Paragraph “C” below. C. Form of Pretrial Statement The pretrial statement shall contain the following statements in separate numbered Paragraphs as follows: 1. JURISDICTION. Setting forth the basis of jurisdiction. 2. STATUS OF RECORD. Setting forth the pleadings raising the issues. 3. PENDING MOTIONS AND OUTSTANDING DISCOVERY. Setting forth the motions or other matters requiring action by the Court, and a concise statement as to the status of discovery. 4. STATEMENT OF POSITION. Setting forth a concise statement as to each party’s position. 5. STIPULATIONS. Setting forth a concise statement of stipulated facts. 6. ISSUES OF FACT. Setting forth a statement of the issues of fact which remain to be litigated at trial. 7. ISSUES OF LAW. Setting forth a concise statement of the issues of law on which there is agreement and which remain to be litigated at trial. 8. EXHIBITS. Setting forth each exhibit which shall be presented at trial. 9. AMENDMENTS TO PLEADINGS. Setting forth a concise statement as to whether or not there are any amendments to the pleadings. 10. PROBABLE SETTLEMENT. Setting forth a concise statement as to settlement negotiations and the likelihood of settlement. 11. PROBABLE TRIAL TIME. Setting forth a concise statement as to the anticipated length of trial. 12. LIST OF WITNESSES. Setting forth a numbered list of trial witnesses which shall include each witness’s address. Expert witnesses shall be so designated.