Wayne County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship hearing

The alleged incapacitated adult must attend the hearing unless sufficient evidence is presented to excuse the absence under Indiana Code 29-3-5.1.

12.1 In all guardianship matters seeking to declare an adult incapacitated for any reason, the incapacitated person shall be present at the hearing, or sufficient evidence is presented to excuse the absence of the incapacitated person pursuant to Indiana Code 29-3-5.1.

CRITICAL

Applies to

Pretrial statement

Each party’s Pretrial Statement must follow the referenced rule’s form and manner requirements and include a Certificate of Cooperation.

At least forty-eight (48) hours prior to the pretrial conference each party shall file a Pretrial Statement in the form and manner as required by LR89- TR16-010 of the Wayne County Rules of Civil Procedure. In addition, the Pretrial Statement shall include a Certificate of Cooperation.

CRITICAL

Applies to

Juror questionnaire

In jury cases, parties must use the Court's Juror Questionnaire Form unless all parties consent to a proposed questionnaire tendered jointly; any proposed questionnaire remains subject to Court approval.

In all cases to be tried to a jury, the Juror Questionnaire Form utilized by the Court shall be used unless all parties consent to a proposed juror questionnaire which shall be tendered jointly and shall actually be received by the Court at least fifteen (15) days prior trial, or longer as the Court may order. Any such proposed questionnaire remains subject to approval of the Court.

CRITICAL

Applies to

Order on motion to compel

If the motion to compel is granted, the order must set a compliance deadline and schedule a hearing on potential sanctions.

If such Motion is granted, the Order shall set a deadline for compliance and schedule a hearing on potential sanctions.

CRITICAL

Applies to

Agreed entry

A Petition or Stipulation must be filed before the Court may approve an agreed entry.

An agreed entry shall not be approved by the Court without a Petition or Stipulation having first been filed.

CRITICAL

Applies to

Final or supplemental report

Evidence of all final distributions must be filed in the final report or a supplemental report before the Court grants discharge.

8.7 Receipts, canceled checks, bank statements, check images provided by the financial institution, or other evidence acceptable to the Court for all final distributions shall be filed either in the final report, or a supplemental report, before discharge will be granted by the Court.

CRITICAL

Applies to

Attorney client compliance

Attorneys in family cases must give clients a copy of the Rule or obtain the specified sworn client certification, and assist clients in understanding and following the Rule.

Attorneys appearing in family cases shall (a) furnish their family clients with a copy of this Rule or obtain a written certification signed under oath by the family law client that the attorney has reviewed and thoroughly discussed the Wayne County Rules of Family Law with him/her and that the client understands the requirements of cooperation as a part of these Rules; and, (b) assist them in fully understanding and observing its provisions.

CRITICAL

Applies to

Withdrawal of appearance

Privately retained counsel must request court leave to withdraw an Appearance, and the withdrawal must be in writing.

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

CRITICAL

Applies to

Petition

If a bond is requested or anticipated, the petition to open an estate or guardianship must state the probable value of the personal property and the estimated annual rents and profits from the property.

3.3 In the event that a bond is requested or anticipated, the petition to open an estate or guardianship shall set forth the probable value of the personal property plus the estimated annual rents and profits to be derived from the property in the estate or guardianship.

CRITICAL

Applies to

Petition to sell personal property

A petition to sell personal property at private sale in a supervised estate or guardianship requires a written fair-market-value appraisal filed with the petition, unless the appraisal was filed with the Inventory.

6.1 In all supervised estates and guardianships, no Petition to Sell Personal Property at private sale shall be granted unless a written appraisal prepared by a person competent to appraise such property and setting forth the Fair Market Value thereof, is filed with the Court at the time of the filing of the Petition to Sell, unless such appraisal was filed with the Inventory.

CRITICAL

Applies to

Petition or stipulation for agreed entry

A Petition or Stipulation for Agreed Entry must state its basis and reasons and meet the applicable statutory requirements.

A Petition or Stipulation for Agreed Entry shall specifically set forth the basis and reasons for such Petition or Stipulation which meets the statutory requirements for the same.

CRITICAL

Applies to

Motion for pretrial conference

A party requesting a pretrial conference may file a motion, which must state the mediation status, date and method, and include a Certificate of Cooperation.

In addition, any party may file a request for a pretrial conference by filing a motion. Such request shall include a statement that mediation as required by these Rules has been completed or is scheduled and shall set forth the date and method of mediation, whether formal or informal and shall include a Certificate of Cooperation.

CRITICAL

Applies to

Withdrawal motion or petition

Motions or petitions to withdraw must comply with the applicable Indiana Rules of Trial Procedure.

Further, all motions or petitioners for withdrawal shall be compliant with the appropriate and applicable Indiana Rule(s) of Trial Procedure.

CRITICAL

Applies to

Final decree or personal representative deed

If a Final Decree in a supervised estate includes real estate outside Wayne County, the Decree or Personal Representative's Deed must be recorded in the county where the real estate is located.

5.3 In a supervised estate, whenever a Final Decree contains real estate located in any county other than Wayne County, the Decree or a Personal Representative=s Deed shall be recorded with the Recorder of the county in which any such real estate is located.

CRITICAL

Applies to

Proposed jury instruction

Each proposed jury instruction must include citations of authority.

Each proposed instruction shall be accompanied by citations of authority.

CRITICAL

Applies to

Routine pleading

Routine pleadings, including inventories and final reports, must be filed with the Clerk for transmittal to the Court.

2.1 Routine pleadings, such as Inventories and Final Reports shall be filed with the Clerk for transmittal to the Court.

CRITICAL

Applies to

Financial declaration form

Each party must attach reasonably required and available supporting information to the Financial Declaration Form; appraisals and pension valuations are not ordinarily required, but the Court may order appraisals, valuations, or additional supporting evidence.

For the purpose of providing a full and complete verification of assets, liabilities and values, each party shall attach to the Financial Declaration Form all information reasonably required and reasonably available. This shall include recent bills, wage and tax records, bank records, pension and retirement account information, and mortgage account records. The term “reasonably available” means that material which may be obtained by letter accompanied with an authorization, but such term does not mean material that must be subpoenaed or is in the possession of the other party. Appraisals of real estate or personal property, or pension valuations are not required. However, the Court may direct that an appraisal or valuation be obtained, just as it may designate the appraiser or valuator. The Court may require either party to supplement the Financial Declaration Form with appraisals, bank records, and other evidence to support the values set forth in the Form.

CRITICAL

Applies to

Certificate of attendance

Unless waived, a certificate of attendance must be filed with the Court’s Clerk before the Court grants a Petition or Motion in a Family Case, except in guardianship or adoption cases.

The moderator of each session will provide each attendee with a certificate of attendance, unless waived, which must be filed with the Court’s Clerk prior to the Court’s granting the Petition or Motion in such Family Case (except guardianship or adoption).

CRITICAL

Applies to

Mediation notice

Before setting a final hearing in a Family Case expected to take more than 30 minutes, the parties must submit notice that they engaged in formal or informal mediation about the hearing matters within the prior six months.

No final hearing in a Family Case which is anticipated to take more than thirty (30) minutes of court time shall be set without the parties having first submitted a Notice to the Court that they have engaged in mediation, either formal or informal, within the last six months regarding the matters to be set for hearing.

CRITICAL

Applies to

Affidavit of probable cause or charging information

The Prosecution must state in the Affidavit of Probable Cause or Charging Information whether a separate felony case, Habitual Offender charge, or sentencing enhancement triggers the 50% bond increase.

Bonds shall be increased 50% for persons admitted to bail on a separate felony case or who is charged as a Habitual Offender or with a sentencing enhancement. The Prosecution shall include such fact in its Affidavit of Probable Cause or Charging Information.

CRITICAL

Applies to

Notice of termination

If the collaborative process ends without a full agreement, the parties must file an appropriate notice with the Court.

In the event the collaborative process ends without a full agreement having been reached, the parties are to file an appropriate notice with the Court.

CRITICAL

Applies to

Status conference request

A status-conference request must comply with E(2) and E(3) and state the moving party's proposed agenda.

Any request for a status conference shall comply with subsections E(2) and E(3) above. Said request shall further indicate the moving party’s proposed agenda for such status conference.

CRITICAL

Applies to

Family case filing

The party who filed the initial petition must be named first throughout all filings.

The party filing the initial petition at the very commencement of the initial case shall be named first throughout all filings.

CRITICAL

Applies to

Verified promise to appear

Before release under the 48-hour rule or upon posting bail, the person must complete a verified promise to appear on a court-approved form containing the specified identifying information and appearance promise.

Prior to release of a person pursuant to the forty-eight (48) hour rule or upon posting bail, the person must complete a verified promise to appear, on a form approved by the Courts, indicating his or her full name, date of birth, address, place of employment, home and work telephone numbers, Social Security number, email address and promise to appear in the Court and at the time designated by the Sheriff.

CRITICAL

Applies to

Petition to sell real estate

A petition to sell real estate in a supervised estate or guardianship must include a qualified appraisal stating fair market value, unless one was previously filed with the Inventory.

5.1 When a Petition to Sell Real Estate is filed in a supervised estate or guardianship, it shall be accompanied by a written appraisal prepared by a person qualified to appraise such property, setting forth the fair market value of said real estate, unless such an appraisal was previously filed with the Inventory.

CRITICAL

Applies to

Initial pleading

Must include

proposed order

A status conference may be requested at any time, and the moving party must provide a proposed status-conference order with the initial pleading, leaving its date and time blank.

A status conference may be requested at any time. The moving party shall provide with his/her initial pleading a proposed Order for Status Conference, leaving the date and time blank.

CRITICAL

Applies to

Court order

When the Court orders a custodial evaluation, it must attach this Rule to its order and have the Clerk distribute the order and Rule to the evaluator.

Whenever a Court orders a custodial evaluation the Court shall attach a copy of this Rule to its order and shall have the Clerk distribute such order and attached Rule to the designated custodial evaluator.

CRITICAL

Applies to

Attorney fee request

Attorneys requesting fees in civil cases must submit a verified affidavit containing the specified supporting facts, service and time details, expected future time, customary hourly fee, and other relevant facts.

At the appropriate time in the proceeding, attorneys shall submit a Verified Affidavit in support of the request for attorneys fees setting forth: facts in support of such request; a detailed list of the services and time expended on the matter to date; the amount of time expected to be expended in the future through to completion, including collection; the attorney’s customary and usual hourly fee; and all other relevant facts in support of the request.

CRITICAL

Applies to

Subsequent filing

A certificate of forwarding the copies to the Special Judge must be made part of each subsequent filing.

When a Special Judge who is not a Wayne County Judge is selected and qualifies in a case, copies of all filings subsequent to the qualification of such Special Judge shall be delivered in person, by mail, or by email to the office of the Special Judge with certificate of forwarding same made a part of the filing.

CRITICAL

Applies to

Affidavit

Must include

caption, case number

In the specified estates, the Assessor’s Office affidavit must also be filed with the Court under the estate’s caption and cause number.

8.10 In those estates where no Indiana inheritance tax is due during a time period when Indiana inheritance tax was applicable, the Affidavit required to be filed with the local Assessor=s Office shall also be filed under the estate=s caption and cause number with the Clerk of the Court.

CRITICAL

Applies to

Guardianship matter

A treating physician's report or other evidence required by the Court must be presented when the petition is filed or on the hearing date.

12.2 In all guardianship matters seeking to declare an adult incapacitated for any reason, a physician=s report by the doctor treating the alleged incapacitated person, or such evidence as the Court shall require, shall be presented to the Court at the time the petition is filed or on the hearing date.

CRITICAL

Applies to

Motion

Must include

proposed order

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

All motions seeking an Order of the Court shall be accompanied by a proposed Order to be executed by the Court in granting the motion.

CRITICAL

Applies to

Notice of filing request for search warrant

The notice must advise the court, counsel, and defendant that the search-warrant request was filed in a miscellaneous criminal case and provide that case's caption and number.

Such Notice shall advise the court, counsel, and defendant that a request for a Search Warrant has been filed in a miscellaneous criminal case setting forth the caption of the case and the case number.

CRITICAL

Applies to

Pretrial order

A pretrial order must be entered after the pretrial conference in compliance with Indiana Trial Rule 16.

Following the pretrial conference, a pretrial order shall be entered in compliance with Rule 16 of the Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Hearing request

A filing requesting a hearing for relief must state the estimated time required.

Any filing requesting a hearing for relief shall include an estimate of the time required.

CRITICAL

Applies to

Proposed order

A proposed order continuing a matter or granting more time must leave the new date blank for the Court to complete.

Proposed Orders continuing a matter or granting an enlargement of time shall not set forth the new date but shall leave the date blank for the Court to complete.

CRITICAL

Applies to

Motion for leave to withdraw

Must include

certificate of service

The motion for leave to withdraw must include a Certificate of Service confirming both forms of mail were sent to the client and all counsel, or the request will be denied.

The Certificate of Service attached to the required motion for leave to withdraw must indicate compliance with both forms of mail to the client and to all counsel, or the request shall be denied.

CRITICAL

Applies to

Proposed final dissolution decree

An agreement submitted with a proposed final dissolution decree must also be attached to the proposed decree.

When submitting a proposed final Dissolution of Marriage Decree and Property Settlement and/or agreement Pertaining to Children, the Agreement submitted shall also be submitted as an attachment to the proposed Decree.

CRITICAL

Applies to

Initial petition

The initial petition to open an estate or guardianship must contain the fiduciary’s name and address.

2.5 The initial petition to open an Estate or Guardianship shall contain the name and address of the fiduciary.

CRITICAL

The required submission must include the defendant’s full name and addresses and provide the Social Security number on green paper.

8. Defendant’s full name and permanent address and, if different, mailing address. In addition, the defendant’s Social Security number shall be provided on green paper pursuant to Administrative Rule 9.

CRITICAL

Applies to

Settlement agreement or final decree

In child-support proceedings, an Income Withholding Order must accompany a Settlement Agreement or Final Decree when required by statute, unless the parties instead submit a written alternative-support agreement or include in the proposed decree the specified good-cause determination and specific reasons.

In all proceedings involving child support, an Income Withholding Order shall be submitted with any Settlement Agreement or Final Decree as may be required by statute or the parties shall: 1. Submit a written agreement providing for an alternative child support arrangement; or, 2. Provide within the proposed Decree that “the Court determines that good cause exists not to require immediate income withholding” and stating the specific reasons therefore.

CRITICAL

Applies to

Motion

The title of each continuance or enlargement motion must identify whether it is the first, second, third, or later such motion.

All motions for continuance or enlargement of time shall denominate in the title of such motion whether it is the first, second, third, etc., motion for continuance or enlargement of time; e.g., Defendant’s Second Motion for Enlargement of Time to File Answer.

CRITICAL

Applies to

Written explanation

If a support agreement deviates from the Guidelines, the parties must present the Court with a written explanation and supporting documentation justifying the deviation.

If an agreement concerning support provides any deviation from the Guidelines, the parties shall present to the Court a written explanation, with supporting documentation, justifying the deviation.

CRITICAL

Applies to

Family case pleading

Family pleadings and hearings must use the parties’ family-role terms, not “Petitioner” or “Respondent” alone, unless same-sex partners choose those terms.

Use of the term “Petitioner” and “Respondent” shall not be used in the body of a pleading in a Family Case nor in any court hearing. Only terms identifying the parties’ family roles, as designated in the case caption, shall be used in the body of a pleading or in any court hearing in a Family Case, except in a Family Case where the parties are same sex partners and choose to use the terms “Petitioner” and “Respondent” only.

CRITICAL

Applies to

Motion and proposed order

Motions and proposed orders submitted to the Court must include the names, mailing addresses, and email addresses of everyone who will receive the proposed order.

All motions and proposed Orders submitted to the Court shall include a list of the names, addresses, and email addresses of all parties and persons to whom the proposed Order shall be distributed.

CRITICAL

Applies to

Proposed order

Proposed orders submitted to the Court must include a complete distribution list for attorneys and self-represented litigants, with full addresses including email addresses.

Proposed Orders submitted to the Court shall contain a complete distribution list attorneys and self-represented litigants with full addresses, including email addresses.

CRITICAL

Applies to

Proposed order

Proposed orders continuing a matter or granting an enlargement must leave the new date blank, and all proposed orders must leave the Court’s approval date blank.

Proposed Orders continuing a matter or granting an enlargement of time shall not set forth the new date but shall leave the date blank for the Court to complete. Proposed Orders shall also leave the date blank for the Court’s approval of the Order.

CRITICAL

Applies to

Closing statement

A verified Closing Statement in an unsupervised administration must comply with the cited Indiana Code provision and state that the Personal Representative has completed the items listed there.

11.2 A verified Closing Statement filed in unsupervised administrations must comply with Indiana Code ' 29-1-7.5-4, and must contain statements that the Personal Representative has completed the items set forth therein.

CRITICAL

Applies to

Pleading

Pleadings filed in an estate or guardianship must be signed and verified by the fiduciary and signed by the fiduciary’s attorney, except that pleadings of a procedural nature only may be signed by the attorney alone.

2.3 Every pleading, including Inventories, Petitions, and Accountings, filed in an Estate or Guardianship, shall be signed and verified by the fiduciary and signed by the attorney for the fiduciary. Pleadings of a procedural nature only may be signed by only the attorney.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment under Trial Rule 55 may be supported by proper accompanying pleadings, such as an affidavit of indebtedness, for judgment in the amount requested; otherwise, the Court may set a damages hearing.

Upon the proper filing of a motion for default judgment pursuant to Trial Rule 55, the Court may enter default and may either: 1) enter default judgment in the amount requested if supported by proper accompanying pleadings (Affidavit of Indebtedness, etc.); or 2) set the matter for damages hearing.