Wayne County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

After specified filings, the Clerk must forthwith set the hearing date and place and return the required notice, which the personal representative or guardian must serve under Indiana Rule of Trial Procedure 85(G).

On the filing with the Clerk by the personal representative or guardian of any petition, application, complaint, partial report, final report, or any report that requires fixing of date and place of hearing of same by the Court and giving notice thereof to any or all interested persons as required by law or order of the Court, the Clerk shall forthwith fix the date and place of hearing, by endorsement on the same, and shall return to such personal representative or guardian the required notice, which shall be then served by such personal representative or guardian in accordance with Indiana Rule of Trial Procedure 85(G).

CRITICAL

On the filing date, the Clerk must record on the proper order book the Court’s order fixing the hearing date and place as set by the Clerk.

The Clerk shall then also make and record on the proper order book on the date of the filing of such petition or report, an order by the Court fixing the date and place of hearing of such petition or report, the same as fixed thereon by the Clerk.

WARNING

Failure to file the required search-warrant notice may be grounds for appropriate sanctions.

Failure to file such a Notice is grounds for appropriate sanctions.

CRITICAL

Website work and the class must be completed promptly and within 45 days after the petition is filed, unless the court grants leave.

The website work and class shall be completed promptly but within forty-five days of the filing of the Petition, unless leave of court is granted.

CRITICAL

In qualifying Family Cases, each party must exchange the Financial Declaration Form within 45 days of the initial filing.

In Family Cases which may reasonably involve issues of child support, spousal maintenance, and/or allocation of assets and debts, each party shall prepare and exchange, respectively, within forty-five days of the initial filing of the action

CRITICAL

If the temporary exception applies, the moving party must comply with E(2) and file a Cooperation Update within seven days after filing.

In such cases, the moving party shall be required to comply with subsection E(2) and file a Cooperation Update within seven days of the date of filing.

CRITICAL

A party may seek court review of a fee reallocation by filing a written objection within 15 days of its announcement.

If either party disagrees with and objects to such re-allocation, the objecting party may within fifteen (15) days of the announced re-allocation seek a review by filing a written objection with the court.

CRITICAL

In qualifying Family Cases, each party must exchange the Financial Declaration Form within 30 days of filing a post-decree matter.

In Family Cases which may reasonably involve issues of child support, spousal maintenance, and/or allocation of assets and debts, each party shall prepare and exchange, respectively, ... within thirty days of the filing of any post-decree matters

CRITICAL

An appraisal required by Rule 6.1 must have been made within one year of the Petition to Sell date.

6.2 All appraisals required by Rule 6.1 shall be made within one (1) year of the date of the Petition to Sell.

CRITICAL

For a later creditor claim filed after the initial three-month period, the determination pleading must be filed within 30 days, with the same copy service and notice requirements.

Such pleading shall also be filed within thirty (30) days after the filing of any subsequent claim made by other creditors beyond the initial time period of three (3) months following the first published notice to creditors, with the same service of copy and notice.

CRITICAL

The final account of the wrongful death proceeds distribution must be filed within 30 days as required by the 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.

CRITICAL

Deadline

48 hours

Counsel for each party must file a pretrial statement at least 48 hours before both the preliminary and final pretrial conferences.

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.

CRITICAL

Trial Rule 56 motions for summary judgment must be filed at least 150 days before trial.

All Trial Rule 56 Motions for Summary Judgment shall be filed at least one hundred fifty (150) days prior to trial.

CRITICAL

If there is no response within 30 days after the First Notice is mailed, the Court will mail a second notice requesting compliance within 15 days.

(B) Second Notice: If there is no response within thirty (30) days of the mailing of the First Notice, a letter notice from the Court will be mailed requesting compliance within fifteen (15) days.

CRITICAL

If the personal representative does not file a pleading within the applicable time period, the claim is deemed disallowed.

In the absence of a pleading from the personal representative during these time periods, the claim shall be deemed disallowed.

CRITICAL

A withdrawal request must be filed at least ten days before trial unless good cause is shown.

The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court at least ten (10) days prior to the trial date, except for good cause shown.

CRITICAL

The parties must file an Agreed Case Management Plan within 10 days after the meeting, with an outside deadline of 180 days after the Complaint is filed.

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:

CRITICAL

If there is no response within 15 days after the Second Notice is mailed, the Court will issue an order to show cause, and both the attorney and fiduciary must appear as directed.

(B) Second Notice: If there is no response within thirty (30) days of the mailing of the First Notice, a letter notice from the Court will be mailed requesting compliance within fifteen (15) days. (C) Court Order: If there is no response within fifteen (15) days of the mailing of the Second Notice, a Court Order to show cause will be issued. Both the attorney and fiduciary must appear at the date and time specified in the Court Order.

CRITICAL

Child Support Obligation Worksheets must be promptly supplemented if changes occur before trial.

Child Support Obligation Worksheets shall be promptly supplemented if changes occur prior to trial.

CRITICAL

Counsel must file an agreed-upon fact instruction for receipt by the Court at least 15 days before trial, or earlier if the Court orders a longer period.

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

An appraisal required for a petition to sell real estate must have been made within one year of the petition date.

5.2 All appraisals required by Rule 5.1 shall be made within one (1) year of the date of a Petition to Sell Real Estate.

CRITICAL

To preserve a jury-trial right on a misdemeanor charge, a written jury demand must be filed at least ten days before the first trial date.

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;

CRITICAL

By three months and fifteen days after the first published notice to creditors, the personal representative or attorney must file a pleading stating whether claims filed within the first three months are allowed or disallowed, in whole or in part.

7.1 On or before three (3) months and fifteen (15) days after the date of the first published notice to creditors, the personal representative, or the personal representative=s attorney, shall file a pleading with the Court showing the personal representative=s determination of either allowing a claim or disallowing a claim, in whole or in part, as to those claims filed within three (3) months after the date of the first published notice to creditors.

CRITICAL

Applies to

Inventory

4.1 An inventory shall be filed by the fiduciary in all estates and guardianships, except unsupervised estates, within sixty (60) days; Guardianships within ninety (90) days for permanent guardians; and, within thirty (30) days for temporary guardians. All times relate to the appointment of the fiduciary.

4.1 An inventory shall be filed by the fiduciary in all estates and guardianships, except unsupervised estates, within sixty (60) days; Guardianships within ninety (90) days for permanent guardians; and, within thirty (30) days for temporary guardians. All times relate to the appointment of the fiduciary.

CRITICAL

A proposed juror questionnaire consented to by all parties must be tendered jointly and received by the Court at least 15 days before trial, or earlier if the Court orders a longer period.

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.

CRITICAL

Defense counsel must file the Appearance form immediately upon being retained or appointed.

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

The Court may deny a withdrawal request as unreasonable or inconsistent with the administration of justice if it was not filed at least 10 days before a scheduled hearing.

The Court may deny a request for withdrawal of Appearance unless the same has been filed with the Court at least ten (10) days prior to any hearing scheduled in the cause as unreasonable or not consistent with the administration of justice.

CRITICAL

Written objections to Motions in Limine must be 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

Evidence of all final distributions must be filed 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

Deadline

48 hours

Each party must file a Pretrial Statement at least 48 hours before the pretrial conference.

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.

CRITICAL

Each party must provide the Court and opposing party written notice of specified other pending proceedings before a provisional hearing or within thirty days after service of the petition, whichever occurs first.

Prior to any provisional hearing or within thirty days after service of any petition seeking relief in any family law matter, whichever shall first occur, each party shall provide the Court and the opposing party with written notice of any other pending legal proceeding in which such person is a party wherein the other pending legal proceeding involves an issue or allegation of domestic violence, spousal abuse, child abuse, protective order, restraining order, Child(ren) in Need of Services, Termination of Parent-Child Relationship, Juvenile Delinquency, or any criminal charges.

CRITICAL

If a related action involving the same defendant is pending, a notice of the search-warrant request must be filed in that action within 24 hours after the warrant is executed.

In the event there is a pending action involving the same criminal defendant for whom or against whom a Search Warrant is now requested that is related to such pending proceeding, a Notice of Filing of Request for Search Warrant shall be filed in the underlying pending action within twenty- four (24) hours after execution of the Search Warrant.

CRITICAL

A Motion in Limine must be received by the Court at least 15 days before trial, or earlier if the Court orders a longer period.

Any Motion in Limine shall be filed so that it is actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court may order.

WARNING

Counsel may file proposed jury instructions, but they must be received by the Court at least 15 days before trial, or earlier if the Court orders a longer period.

Counsel may file proposed jury instructions, provided that such instructions are actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court may order.

WARNING

Objections to proposed jury instructions may be filed in writing and, if filed, must be received by the Court at least 7 days before trial.

Written objections to proposed jury instructions may be filed in writing and shall be filed such that they are actually received by the Court at least seven (7) days prior to trial.

INFO

Instructions on trial matters that could not reasonably have been anticipated may be tendered or substituted at the conclusion of trial.

Instructions covering matters occurring at the trial which could not reasonably be anticipated may be tendered and/or substituted at the conclusion of the trial.

CRITICAL

Motions in limine must be filed at least 15 days before trial.

It shall not be necessary to include the date for filing motions in limine as motions in limine are to be filed at least fifteen (15) days prior to trial pursuant to LR89-TR-006.