Wells County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
All financial declarations shall be submitted on a form adopted by Wells County Circuit and Superior Courts, which is attached hereto.
Document Filing Requirements19 rules
The agreement of the parties must be in writing and filed in the Court where the case is pending.
Upon issuance of a criminal bench warrant, the amount of bail specified in this rule shall be endorsed on the warrant.
Counsel seeking to withdraw must file a petition with evidence of at least 10 days’ written notice to the client or vigorous attempts to contact the client, unless another counsel appears with the withdrawal.
Court's wording
Counsel desiring to withdraw appearance in any action shall file a petition requesting to do so. Such petition shall file with the Court satisfactory evidence of at least ten (10) days written notice to the client in advance of the withdrawal date or evidence of vigorous attempts to contact the client. Withdrawal of appearance when accompanied by the appearance of another counsel shall constitute a waiver of the foregoing requirements.
Court reporters must report transcript fees to the Indiana Supreme Court Office of Judicial Administration at least annually, using its prescribed forms.
Court's wording
Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of county indigent, state indigent or private transcripts to the Indiana Supreme Court Office of Judicial Administration. The reporting shall be made on forms prescribed by the Office of Judicial Administration.
The supervising court must enter into a written agreement specifying how court reporters will be compensated for gap and overtime hours.
Court's wording
The supervising court shall enter into a written agreement with the court reporters which outlines the manner in which the court reporter is to be compensated for gap and overtime hours; i.e. monetary compensation or compensatory time off regular work hours.
The court reporter shall submit a claim directed to the county for the preparation or copying of any county indigent transcripts.
When a court reporter uses court equipment, workspace, and supplies for private practice with the court’s agreement, the parties must enter a written agreement specifying the market rate, recordkeeping method, and reimbursement method.
Court's wording
If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, work space, and supplies, and the court agrees to the use of the court equipment for such purpose, the court and the court reporter shall enter into a written agreement which must, at a minimum, designate the following: 1. The reasonable market rate for the use of equipment, work space and supplies; 2. The method by which records are to be kept for the use of equipment, work space and supplies; and 3. The method by which the court reporter is to reimburse the court for the use of the equipment, work space and supplies.
Each party must file a certificate of attendance for each party with the Court before a final hearing may be held.
When custody or visitation is contested, the case may not proceed to final hearing until the parties complete good-faith private mediation and the mediator submits a final report, unless good cause is shown.
Court's wording
In an action for dissolution of marriage, legal separation, or to establish paternity, if child custody or visitation is to be contested at the final hearing, except for good cause shown the Court shall not allow the case to be submitted at final hearing until the parties have participated in private mediation with a mediator approved by the Court and the mediator submits to the Court a final report indicating that the parties have mediated in good faith and that the mediation process is completed.
In all matters involving child support, disposition of assets, or maintenance, the parties shall complete, in full, an Indiana Child Support Obligation Worksheet and financial declaration.
and submit the completed form to the Court as an exhibit at any contested hearing.
All parties shall submit the financial declarations to the Court as an exhibit immediately prior to any contested hearing involving child support, the disposition of assets, or maintenance.
Each party is under obligation to supplement their financial declaration and Child Support Obligation Worksheets if new information is acquired or the information provided is incorrect.
Financial declarations and Child Support Obligation Worksheets shall be verified by the parties.
I affirm, under penalties of perjury, that the foregoing representations are true and complete as of this _____ day of _______________ 20_____.
10 Weekly Legal Duty Child Support for Prior Children – attach prior CSOW
Include
- •Attach prior CSOW
12 Weekly Alimony/Support Maintenance – Amount Actually Paid to Prior Spouses – Attach Copy of Order
Include
- •Attach Copy of Order
9 Weekly Court Ordered Child Support for Prior Children (attach prior Order)
Include
- •Attach prior Order
10 Weekly Legal Duty Child Support for Prior Children – attach CSOW
Include
- •Attach CSOW
Filing & Service rules
Electronic Filing Rules
Pleadings, motions, and other papers may not be filed by electronic facsimile transmission.
Pleadings, motions, and other papers are not accepted for filing by electronic facsimile transmission in any case.
Page 13 | LR90-AR01-3 Facsimile Transmissions
Attorneys are required to e-file in the county.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
The parties may agree to appoint an eligible special judge within seven days after the specified order is noted on the CCS.
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.
Page 2 | LR90-TR-79-01 Selection of a Special Judge Pursuant to TR 79(H)
Service and Proof of Service Rules
A real estate bond requires notice to the prosecuting attorney and a hearing on whether the property value covers the full bail amount.
Real Estate Bond: All real estate bonds shall be granted only after notice is sent to the prosecuting attorney by the defendant or his counsel and a hearing is conducted to determine whether the value of the real estate is of sufficient value to satisfy the full bail amount.
Page 10 | Methods of posting bail
The initiating party must serve the responding party with a blank financial declaration form and Child Support Obligation Worksheet along with the summons or order to appear.
An initiating party shall serve upon the responding party a blank financial declaration form and Indiana Child Support Obligation Worksheet with the summons or order to appear
Page 19 | LR90-FL00-03 Financial Declarations, Child Support Obligation Worksheets
The parties must exchange financial declarations within 30 days after a new case or modification petition is filed, unless they agree otherwise or the court grants leave.
Financial declarations shall be exchanged between the parties within thirty (30) days of a new case or modification petition being filed, unless by agreement of the parties or leave of court.
Page 19 | LR90-FL00-03 Financial Declarations, Child Support Obligation Worksheets
The responding party must be instructed to complete and serve the forms on the initiating party within 30 days of receipt.
with instructions that the responding party shall complete and serve on the initiating party the forms within 30 days of receipt
Page 19 | LR90-FL00-03 Financial Declarations, Child Support Obligation Worksheets
The financial declaration form need not be exchanged or filed if the court approves a written waiver, the parties have settled all financial issues in writing, service is by publication with no response, or a post-decree proceeding has no financial implications.
Exceptions: the financial declaration form need not be exchanged or filed if: A. The Court approves the parties’ written agreement to waive the exchange; B. The parties have executed a written agreement that settles all financial issues; C. The proceeding is on in which the service is by publication and there is no response; or D. The proceeding is post-decree and concerns issues without financial implications.
Page 19 | LR90-FL00-03 Financial Declarations, Child Support Obligation Worksheets
Chambers Communication Rules
Contact the local court directly with questions about jury duty, an upcoming court date, or a case document that is unavailable online.
Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Local Courts