Wayne County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Guardianship accounting

Each guardianship account must include a financial institution officer's certification verifying the account balance.

8.2 All guardianship accounts shall contain a certification of an officer of any financial institution in which guardianship assets are held, verifying the account balance.

CRITICAL

Applies to

Motion or pleading

Motions or Pleadings filed must include a Certificate of Cooperation to demonstrate that the required consultation has occurred. The Certificate of Cooperation is designed to be an effective tool for the Court to determine how well the parties are communicating and being effective parents. It is designed to assist the court in determining what resources can be used to get cooperation from the parties and what is needed to make them better communicators and effective parents or family members. It is not to be used to disparage the other party or to, in any way, act as a sword against the other party. An initial filing, be it a petition for dissolution of marriage, petition for modification or the like, need not include a Certificate of Cooperation. It is believed that the timing is such that a Certificate of Cooperation need not be filed at the outset of the matter, other than with a petition for contempt or rule to show cause.

Motions or Pleadings filed must include a Certificate of Cooperation to demonstrate that the required consultation has occurred. The Certificate of Cooperation is designed to be an effective tool for the Court to determine how well the parties are communicating and being effective parents. It is designed to assist the court in determining what resources can be used to get cooperation from the parties and what is needed to make them better communicators and effective parents or family members. It is not to be used to disparage the other party or to, in any way, act as a sword against the other party. An initial filing, be it a petition for dissolution of marriage, petition for modification or the like, need not include a Certificate of Cooperation. It is believed that the timing is such that a Certificate of Cooperation need not be filed at the outset of the matter, other than with a petition for contempt or rule to show cause.

CRITICAL

Applies to

Letter of withdrawal

A withdrawal letter must warn the client about the potential effects of failing to obtain new counsel and include pertinent information such as pending trial or hearing dates.

The letter of withdrawal shall explain to the client that failure to secure new counsel may have a material adverse effect on the client’s constitutional rights and upcoming deadlines, and other pertinent information such as a pending trial date or any other hearing date.

CRITICAL

Applies to

Restraining order without notice request

For a restraining order without notice, the moving party must be available to testify unless exceptional circumstances preclude availability and must certify to the Court the reasons notice cannot be given.

In addition to the above, the moving party is physically available to testify unless there is a showing of exceptional circumstances precluding his or her availability and the moving party certifies to the Court the reasons supporting the claim why notice cannot be given.

CRITICAL

Applies to

Objections to proposed jury instructions

Each written objection to a proposed jury instruction 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 in the proposed instruction. Each objection shall be accompanied by citations of authority.

CRITICAL

Applies to

Motion

A motion seeking leave to serve more than 30 requests for admission must comply with Trial Rule 26(F) and set out the proposed additional requests and why they are necessary.

Leave of Court may be granted allowing for the service of more than thirty (30) Request for Admissions provided the moving party fully complies with TR 26(F), and files a motion setting forth the proposed additional Requests and why they are necessary.

CRITICAL

Applies to

Wrongful death distribution petition

Must include

proposed order

10.2 When a judgment has been paid or a settlement agreement is to be entered into by the personal representative, a petition shall be filed showing the proposed distribution of wrongful death proceeds consistent with I.C.34-23-1-1 and 34-23-2-1, together with a proposed order of distribution requiring a final account as to the distribution of the wrongful death proceeds be filed within thirty (30) days.

10.2 When a judgment has been paid or a settlement agreement is to be entered into by the personal representative, a petition shall be filed showing the proposed distribution of wrongful death proceeds consistent with I.C.34-23-1-1 and 34-23-2-1, together with a proposed order of distribution requiring a final account as to the distribution of the wrongful death proceeds be filed within thirty (30) days.

CRITICAL

Applies to

Bench warrant

A bench warrant on copy service must be completed with sworn testimony confirming the adverse party's actual notice.

In order to obtain a bench warrant from the Court, a party must have personal service on the adverse party and complete a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.

CRITICAL

Applies to

Certificate of service

A Trial Rule 5 certificate of service must specifically identify the names and addresses of the attorneys, parties, or representatives to whom the document was sent.

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 of the attorney(s), party(ies), or representative(s) to whom the document has been sent.

CRITICAL

Applies to

Extension petition

An extension petition must be written and filed on or before the otherwise applicable deadline.

13.1(a) In those matters for which the Court has authority to grant an extension of time, the Court shall automatically grant one forty-five (45) day extension upon the filing of a written petition on or before the otherwise applicable deadline.

CRITICAL

Applies to

Family case caption

Family case captions must identify parties by their family roles rather than designating them only as “Petitioner” or “Respondent,” subject to the stated exception.

Family cases shall be captioned as “Petitioner and Mother,” “Petitioner and Father,” “Respondent and Mother,” “Respondent and Father,” “Original Petitioner and Mother,” “Original Petitioner and Father,” “Original Respondent and Mother,” “Original Respondent and Father,” and the like, and shall not be designated as “Petitioner” or “Respondent” only, except as otherwise provided hereinbelow. Parties shall be designated according to their family role; e.g., Mother, Father, Husband, Wife, Maternal Grandmother, Paternal Grandfather, Former Husband, Former Wife, Putative Father, and the like,

CRITICAL

Applies to

Website work

In marital dissolution and separation cases, involving one or more children under the age of nineteen (19) years on the date of their initial petition; in actions where the IV- D Prosecutor’s Office brings an original action to establish paternity or for child support and/or medical support; and in other juvenile paternity original actions involving child support, child custody, or medical, parents shall complete the website work on www.UpToParents.org, and shall take their completed work to the parenting class required under LR89-FL00-8, any and all case-related appointment, court

In marital dissolution and separation cases, involving one or more children under the age of nineteen (19) years on the date of their initial petition; in actions where the IV- D Prosecutor’s Office brings an original action to establish paternity or for child support and/or medical support; and in other juvenile paternity original actions involving child support, child custody, or medical, parents shall complete the website work on www.UpToParents.org, and shall take their completed work to the parenting class required under LR89-FL00-8, any and all case-related appointment, court

CRITICAL

Applies to

Attorney fee affidavit

An affidavit supporting a request for attorney fees must include an itemized statement of the requested fee.

The Affidavit shall include an itemized statement of the requested fee.

CRITICAL

Applies to

Objections to motions in limine

Objections to Motions in Limine must be submitted in writing and received by the Court at least 7 days before trial.

Objections to any Motions in Limine shall be submitted to the Court in writing and shall be filed so that they are actually received by the Court at least seven (7) days prior to trial.

CRITICAL

Applies to

Child support order

Every order requiring child support payments must include the specified payment, identifying-information, receipt-retention, annual-support-fee, and recipient-sheet language.

All Orders requiring the payment of child support shall include the following language: “In the event that an Income Withholding Order is in place and has been activated, child support shall be paid to the State Central Unit and sent to: State Central Collection Unit, Post Office Box 6219, Indianapolis, Indiana, 46206-6219. Payments shall include the Cause Number of this case which is , the ISETS number which is , and the last four digits of the payer’s social security number. In the event that an Income Withholding Order is not in place or has not yet been activated and child support is being paid directly, payments shall be paid by Money Order to the State Central Collection Unit, Post Office Box 7130, Indianapolis, Indiana, 46207-7130. Payments shall include the cause number, ISETS number, and last four digits of the payer’s social security number, all referenced above. Payment to the Indiana State Central Collection Unit is the preferred method of child support payment and collection. However, the Clerk will accept walk-in payments of cash only. Payments shall include the cause number, ISETS number, and last four digits of the payer’s social security number, all referenced above. The payer shall retain a copy of the Clerk’s receipt. The payer shall also pay an Annual Support Fee as may be required by law so long as any child support order shall be in effect. The payee shall complete a Child Support Recipient Sheet with the Clerk’s Office in order that support may be properly received.

CRITICAL

Applies to

Proposed order

A proposed order for a support agreement deviating from the Guidelines must expressly state that the Court is deviating and give the reasons.

The proposed Order shall specifically state that the Court is deviating from the Child Support Guidelines and set forth the reasons for such deviation.

CRITICAL

Applies to

Notice of intent to proceed with collaborative law process

If a family law proceeding has already been initiated, the parties must notify the Court of their intention to use the collaborative law process by filing a Notice of Intent to Proceed with the Collaborative Law Process.

If such a proceeding has been initiated, the parties are to notify the Court of their intention to proceed under the collaborative law process by filing a Notice of Intent to Proceed with the Collaborative Law Process.

CRITICAL

Applies to

Supervised estate or guardianship accounting

Each expenditure in a supervised estate or guardianship accounting must have a notation stating its reason or nature.

8.5 In all supervised estate and guardianship accountings, a notation shall be placed by each expenditure indicating the reason for or nature of the expenditure.

CRITICAL

Applies to

Probable cause affidavit or oral submission

When charges are filed after arrest, the probable cause affidavit or oral probable cause submission must include the prosecution’s bail recommendation.

Where charges are filed subsequent to arrest, the probable cause affidavit or oral probable cause submission shall include any prosecution’s recommendation as to the appropriate bail.

CRITICAL

Applies to

Trial setting or hearing request

Written requests for trial settings or hearings expected to take at least 30 minutes must state that no continuance will be requested for an anticipated purpose, the time requested, and the unresolved issues.

Requests for trial settings or hearings that are reasonably anticipated to take at least thirty (30) minutes or more of court time shall be requested in writing and shall: (1) provide that no continuance will be requested for discovery or other purpose reasonably anticipated at this time; (2) the amount of time being requested; and, (3) the unresolved issues to be heard by the court.

WARNING

Applies to

Motion to withdraw appearance

An attorney is strongly recommended to file a Motion to Withdraw Appearance when the matter for which the attorney was hired and appeared concludes.

However, notwithstanding this Rule, it is strongly recommended that the attorney file a Motion to Withdraw Appearance at the conclusion of the matter for which the attorney was hired and appeared.

WARNING

Applies to

Parenting time modification

The parties may informally adjust parenting time by agreement without a court order, but intended long-term formal modifications should be written, submitted by Petition or Stipulation, and approved by the Court to become binding.

Parenting time orders may be informally adjusted by agreement of the parties without Court order to accommodate the needs of the family; however, intended long-term formal modifications should, to protect all parties, be reduced to writing and submitted to the Court by Petition or Stipulation and approved by the Court to become binding.

WARNING

Applies to

Withdrawal motion or petition

The Court may deny a motion or petition to withdraw that does not comply with the Indiana Rules of Trial Procedure.

In the event that a motion or petition for withdrawal is not compliant with Indiana Rules of Trial Procedure, the Court may deny such motion or petition.

WARNING

Applies to

Petition

The Court may consider an attorney’s committed control of estate accounts when determining bond, and the petition should state that fact if the personal representative has made that commitment.

3.4 The Court may, in making a determination of bond, consider whether the Personal Representative or Guardian has committed to the attorney for the estate that the attorney will control the administration of the bank account and/or other accounts of the estate in cooperation with the Personal Representative or Guardian (i.e.: the attorney is controlling the issuance of any disbursements from any account of the estate, including having physical possession of all checks or other methods of disbursement). If the Personal Representative has committed that the attorney will have such control, such fact should be included in the petition.

WARNING

Applies to

Petition or motion

A temporary exception to strict E(2) compliance may be permitted when the filing date affects rights or obligations, if the moving party explains the omitted certificate and demonstrates to the court's satisfaction that the filing-date importance overrides the certificate requirement; this is an exception, not the rule.

To the extent that the filing date of a particular petition or motion triggers certain rights and obligations, strict compliance with subsection E(2) may be excepted so long as the moving party indicates that a Certificate of Cooperation is not included in said petition or motion due to the importance of the filing date and can demonstrate to the court’s satisfaction that such importance overrides the requirement of filing a Certificate of Cooperation. It will be the exception and not the rule that such temporary exemption is permitted.

WARNING

Applies to

Certificate of service

If a courtesy copy of the petition is sent to a representative, whether or not the representation has terminated, the copy must be identified on the certificate of service.

Any copy served upon original counsel will be deemed to be a matter of professional courtesy only; however, such professional courtesy is encouraged, and if a courtesy copy of such petition is sent to a representative, whether terminated or not, such shall be shown on a certificate of service.

WARNING

Applies to

Clerk notice

When a pro se party files a Family Case covered by the rule, the Clerk must provide the moving party a notice upon filing in substantially the prescribed form.

Upon the pro se filing of any Family Case referred to in LR89-FL00-7(A), the Clerk shall provide to the moving party upon filing a Notice of the requirement of this Rule. Such Notice shall be in a form substantially as follows: “You are advised that each party is required to provide to the other party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within forty-five days of the filing of such petition/motion or, in the case of a post-decree petition/motion, within thirty days. You are further advised that copies of the Financial Declaration form may be obtained at the Clerk’s Office, located on the Second Floor of the Wayne County Courthouse, 301 East Main Street, Richmond, Indiana. Failure to timely provide a fully completed Financial Declaration Form with all required attachments may result in sanctions being entered against the party failing to comply with this Rule.”

WARNING

Applies to

Financial declaration form

For post-decree modification actions and non-dissolution of marriage cases, only Page 1 and the signature verification of the Financial Declaration Form must be completed.

With respect to post-decree modification actions and non-dissolution of marriage cases, only Page 1 and the signature verification need be completed.

WARNING

Applies to

Written notice

The written notice should include the cause number of the legal proceeding, identification and location of the Court, names of the parties involved, and a brief summary of the nature of the legal proceeding.

The written notice should include the cause number of the legal proceeding, identification and location of the Court, names of the parties involved, and a brief summary of the nature of the legal proceeding.

WARNING

Applies to

Status report

If the Court requests a status update, the report may state only whether the collaborative process is ongoing or has terminated.

The Court may request status updates from the parties, however, the status report may only state whether the process is ongoing or if it has been terminated.

WARNING

Applies to

Financial declaration form

The Financial Declaration Form must be supplemented when information changes or is added, or when additional material becomes available.

Additionally, pursuant to Indiana Trial Rule 26(E)(2) and (3), the Financial Declaration Form shall be supplemented if information changes or is added or if additional material becomes available.

INFO

Applies to

Attorney fee affidavit

The following factors may be considered and should be included in any Affidavit submitted to the Court: 1. The number and the complexity of the issues (e.g., custody dispute, complex asset valuation. 2. The nature and extent of discovery and the parties’ cooperation therewith (or lack thereof). 3. The time reasonably necessary for the preparation for or the conduct of contested preliminary matters or final hearings. 4. The extent to which either party encouraged or discouraged settlement without protracted litigation. 5. Other matters requiring substantial expenditure of attorney’s time. 6. The attorney’s hourly rate. 7. The amount counsel has received from all sources. 8. The ability of the opposing party to pay the requested fees and the disparity of income between the parties.

The following factors may be considered and should be included in any Affidavit submitted to the Court: 1. The number and the complexity of the issues (e.g., custody dispute, complex asset valuation. 2. The nature and extent of discovery and the parties’ cooperation therewith (or lack thereof). 3. The time reasonably necessary for the preparation for or the conduct of contested preliminary matters or final hearings. 4. The extent to which either party encouraged or discouraged settlement without protracted litigation. 5. Other matters requiring substantial expenditure of attorney’s time. 6. The attorney’s hourly rate. 7. The amount counsel has received from all sources. 8. The ability of the opposing party to pay the requested fees and the disparity of income between the parties.

INFO

Applies to

Joint petition for dissolution and notice of intent to proceed with collaborative law process

Before filing a family law proceeding, parties may file a Joint Petition for Dissolution together with a Notice of Intent to Proceed with the Collaborative Law Process.

Parties engaging in the collaborative process prior to the filing of any family law proceeding may file a Joint Petition for Dissolution and a Notice of Intent to Proceed with the Collaborative Law Process.

INFO

Applies to

Petition to sell personal property

A written appraisal is not required to sell assets traded in a market whose value is readily ascertainable, including stocks, bonds, mutual funds, commodities, and precious metals.

6.3 No written appraisal shall be required for the sale of assets which are traded in a market and the value of which is readily ascertainable. Such assets include, but are not limited to, stocks, bonds, mutual funds, commodities, and precious metals.

INFO

Applies to

Damages hearing submission

If the Court sets a damages hearing, the moving party may file an affidavit supporting its damages or judgment claim if one has not already been filed.

In the event the Court sets the matter for damages hearing, the moving party may file an Affidavit (of indebtedness or otherwise) in support of its claim for damages or judgment if said party has not already done so.

INFO

Applies to

Petition to sell personal property

For a motor vehicle, the Court may, in its discretion, accept a valuation from a nationally recognized vehicle valuation service instead of a written appraisal.

In the case of a motor vehicle, a valuation obtained from a nationally recognized vehicle valuation service, such as NADA or Kelly Blue Book, may, in the discretion of the Court, be substituted for a written appraisal.

INFO

Applies to

Family case caption

In family cases involving same-sex partners, the parties may choose to use only “petitioner” and/or “respondent.”

In Family Cases involving same sex partners, the parties may choose to use the terms “petitioner” and/or “respondent” only.