White County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion for continuance must be written, signed, and comply with Indiana Trial Rule 53.5, unless made on the record during the hearing or otherwise authorized by the Court.
- A motion for continuance based on a scheduling conflict must identify both cases, the dates and types of conflicting proceedings, and the court and cause number.
- A motion for continuance must report objections and alternative rescheduling dates.
- +1 more
Request must include
Document Format Requirements2 rules
A motion for continuance must be written and signed and comply with Indiana Trial Rule 53.5, subject to the stated exceptions.
Court's wording
(A) Written Motions: A motion for continuance, unless made on record during the hearing of the cause or otherwise specifically authorized by the Court, shall be in writing and signed. Such motion shall comply in all respects with T.R. 53.5 of the Indiana Rules of Trial Procedure.
Early-trial requests under Rule Four must be written, and represented defendants must have counsel of record submit the request; an oral motion without an accompanying written motion will be denied.
Court's wording
All requests for an early trial pursuant to Rule Four (4) of the Indiana Rules of Criminal Procedure must be made in writing and, if defendant is represented by counsel, must be made in writing by counsel of record. Oral motions requesting an early trial pursuant to Rule Four (4) of the Indiana Rules of Criminal Procedure shall be denied, if not also accompanied with an appropriate written motion as required here in.
Document Filing Requirements28 rules
All motions, petitions, and requests for action by the Court must be accompanied by a proposed order.
- Document
- Motion, petition, or request for action by the Court
Must include
- •Proposed order
Proposed orders must include a complete distribution list, identify the motion or petition, and, when a hearing is requested, describe the hearing and its anticipated length.
Court's wording
Proposed orders shall include a complete distribution list including all parties or, if represented, their counsel, the Guardian Ad Litem, if appointed in the case, and all other persons to whom the order should be distributed. All proposed orders shall identify the motion or petition to be ruled on and, if a hearing is requested, a description of the specific hearing to be set and a statement of the anticipated length of the hearing.
A person removing books from the specified court locations must leave a proper receipt with the Bailiff or other Court staff.
Court's wording
No person shall remove any books from the White Circuit or White Superior Court, either Judge's chambers, or the Courthouse law library without first notifying the Bailiff or other Court staff and leaving a proper receipt with the Bailiff or other Court staff.
When the specified private-practice use of court equipment is agreed to, the Court and Court Reporter must enter a written agreement covering 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, 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.
Counsel shall provide the Court with a written summary of the result of the proceeding supplemental if the same is not conducted on the record.
If there is to be a plea of guilty pursuant to a plea agreement, it shall be submitted and entered, and heard at the FPTC time.
The parties shall prepare and submit to the Court for approval an Order on Pre-Trial Conference
Before Initial Hearing: A judicial officer may deviate from the Bond Schedule, or order that the arrested person be held without bail until seen by a judicial officer, upon reviewing a verified motion concerning safety or flight.
All bail bonds are subject to being adjusted by the Court at a hearing pursuant to statute and application by counsel of record.
After the initial hearing, motions to modify bail or release conditions must be submitted in writing.
Court's wording
Once a judicial officer has set the amount of bail or other conditions of pre-trial release after the Initial Hearing, motions to modify the order shall be presented to the respective court in writing, and proper notice of the hearing shall be given to the parties and attorneys of record.
Defendant may post a ten percent (10%) cash deposit of the bond in defendant’s name only and the court approved bond form must be used;
Advising the Court in writing of any change of address within twenty-four (24) hours of the change;
A petition to open an estate or guardianship must state the probable assets and their value, including personal property and estimated annual rents and profits.
Court's wording
To facilitate the Court’s determination of the amount of bond to be required in any estate or guardianship, all petitions to open an estate or guardianship shall set forth the probable assets of the estate and the value of such assets, including the value of all personal property plus the estimated annual rents and profits to be derived from the property in the estate or guardianship.
No fees for fiduciaries or attorneys shall be paid out of any supervised estate or guardianship without prior written order of the Court.
Each pleading filed by a self-represented party must include a certificate of service stating who received the document, the method of service, and the date sent.
- Document
- Pleading
Must include
- •Certificate of service
Court's wording
(B) Self-represented parties shall file appropriate pleadings to request court action and shall include with each pleading a “certificate of service” that states that the document was: (1) provided to the other party/parties or the attorney(s) for the other party/parties; (2) the method of serving the document; and (3) the date that it was sent.
To monitor compliance, within thirty (30) days of the Court’s finding of paternity, each party shall file a verified certification of completion of the mandatory website work as required under FLR 25 above.
Unless they have already executed an agreed parenting plan, the parties shall each prepare and exchange their written Parenting Plan Proposals utilizing the form which can be found at www.in.gov/counties/white/ under the Clerk tab.
Each party in a dissolution or separation action must file a verified certification that they completed the mandatory website work.
Court's wording
To monitor compliance, within thirty (30) days of the initial filing of an action for dissolution or separation, each party shall file a verified certification of their completion of the mandatory website work as required under FLR. 25 above.
All requests for custody evaluations must be in writing and 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.
All motions and pleadings other than the initial filings shall include a statement confirming compliance with items (1) through (3) above, including the date of the required personal or telephonic consultation; or shall recite the specific reasons for the lack of a consultation.
The Worksheets shall be promptly supplemented if any changes occur prior to resolution.
If an agreement concerning support provides any deviation from the amount calculated under the Indiana Child Support Guidelines, the parents shall present the Court with a written explanation justifying the deviation.
No agreed matter shall be submitted unless accompanied with a signed agreement and other appropriate documents such as the decree, a wage withholding order, or a qualified domestic relations order.
In all proceedings involving child support, each party shall file with any settlement or enter into evidence during any trial the Indiana Child Support Guidelines Worksheets– one or more depending upon the facts.
All Worksheets shall be signed by the party or parties submitting the Worksheet.
An agreed parenting plan providing less than the Guidelines’ minimum parenting time must include a written explanation; a plan exceeding the minimum does not require one.
Court's wording
Any parenting time plan submitted by agreement that provides for less than the minimum time allowed under the Indiana Parenting Time Guidelines must contain a written explanation for deviating from those guidelines. Agreed parenting plans that exceed the minimum time allowed under the Guidelines will not require a written explanation.
Parents shall bring their respective Parenting Plan Proposals to all hearings, mediation sessions, and settlement discussions.
An intermediate account must state why the estate cannot be closed and an estimated closing date, and propose any partial distribution that can be made without prejudice to distributees and claimants.
Court's wording
Such accounting shall comply with the requirements of I.C. § 29-1-16-4 and § 29-1-16-6 and shall: (A) State facts showing why the estate cannot be closed and an estimated date of closing; and (B) Propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.
Filing & Service rules
Filing Timing and Cure Windows
If an estate cannot be closed within one year, an intermediate account must be filed within 30 days after that year expires and every succeeding six months thereafter.
Whenever an estate cannot be closed within one (1) year, an intermediate account shall be filed with the Court within thirty (30) days after the expiration of one (1) year and each succeeding six (6) months thereafter.
Page 18 | MISCELLANEOUS PROBATE AND FAMILY RULES — Accountings
In all paternity cases, both parents must complete the work on www.UpToParents.org within 30 days of the court’s finding of paternity.
(B) Paternity. In all paternity cases, both parents shall complete the work on www.UpToParents.org within thirty (30) days of the court’s finding of paternity.
Page 20 | Mandatory Website Work for Parents
In dissolution cases where the parties share a child under 18, both parties must complete the work on www.UpToParents.org within 30 days of the initial filing.
(A) Dissolution of Marriage. In all dissolution cases where the parties have any children together under the age of eighteen (18) years, both parties shall complete the work on www.UpToParents.org within thirty (30) days of initial filing.
Page 20 | Mandatory Website Work for Parents
Each party must file a verified certification of completed mandatory website work within 30 days after the Court finds paternity.
To monitor compliance, within thirty (30) days of the Court’s finding of paternity, each party shall file a verified certification of completion of the mandatory website work as required under FLR 25 above.
Page 21 | LR91-FL00-26 Proof of Compliance (B)
Each party must file a verified certification of completed mandatory website work within 30 days after the initial filing in a dissolution or separation action.
To monitor compliance, within thirty (30) days of the initial filing of an action for dissolution or separation, each party shall file a verified certification of their completion of the mandatory website work as required under FLR. 25 above.
Page 21 | LR91-FL00-26 Proof of Compliance (A)
For a settlement reached on the Courthouse steps, counsel must prepare and file the appropriate order within twenty-one days after submission, subject to any additional time the Court allows.
However, if the parties reach a settlement on the Courthouse steps, then the Court shall accept evidence of that settlement on the record and enter the appropriate Order upon preparation and filing by counsel within twenty-one (21) days after submission or such additional time as the Court may allow.
Page 23 | Agreed Matters – Submission
Service and Proof of Service Rules
Proper notice of the hearing on a motion to modify bail or release conditions must be given to the parties and attorneys of record.
Once a judicial officer has set the amount of bail or other conditions of pre-trial release after the Initial Hearing, motions to modify the order shall be presented to the respective court in writing, and proper notice of the hearing shall be given to the parties and attorneys of record.
Page 15 | Deviations from Bond Schedule
When notice by publication is required, the attorney must prepare it and ensure it is properly published as required by statute or Supreme Court Rule.
Whenever notice by publication and/or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice and ensure that the notice is properly published and/or served as required by statute or Supreme Court Rule.
Page 18 | MISCELLANEOUS PROBATE AND FAMILY RULES — Notice
The attorney must ascertain and provide adequate proof of notice before bringing a matter to the Court.
It shall be the attorney’s responsibility to ascertain and provide adequate proof of notice prior to bringing a matter to the Court.
Page 18 | MISCELLANEOUS PROBATE AND FAMILY RULES — Notice
When reasonably possible, the worksheets must be delivered to the other parent with the Financial Declaration Form, and in all events within ten days after receiving that parent's form.
Further, the Worksheet(s) shall, when reasonably possible, be delivered to the other parent simultaneously with the Financial Declaration Form, but, in any event, within ten (10) days of receiving the other parent’s Form.
Page 23 | Indiana Child Support Guidelines (A) Worksheet Required
Filing Fees and Waivers
Posting a bond does not replace any administrative fees required under Indiana law; those fees must also be paid.
Any bond posted shall be in addition to any administrative fees required to be paid under Indiana law.
Page 16 | POSTING BOND
Fees are assessed for the Veterans Treatment Court pursuant to the cited rules and statute.
(B) Fees: Fees are assessed pursuant to Indiana Problem Solving Court Rules § 16 and I.C. § 33-23-16.
Page 4 | Veterans Treatment Court
Pre-Motion Conference Requirements
Before requesting a continuance, the moving party must confer with opposing counsel and any self-represented parties about objections and mutually available rescheduling dates.
(C) Duty to Confer: Before requesting a continuance, the moving party shall confer with counsel for all other parties and with any parties appearing pro se to determine any objections and to ascertain dates for rescheduling when all parties are available.
Page 5 | Continuances
Before an initial or provisional hearing, counsel must meet with each other or any unrepresented party in good faith to try to resolve all matters, unless safety or other good cause makes the meeting unreasonable.
Unless considerations of safety or other good cause make it unreasonable, before the date and time set for an initial or provisional hearing, counsel shall meet with each other (or any unrepresented party) in a good-faith attempt to resolve all matters.
Page 20 | Initial and Provisional Hearings
Before requesting a custody evaluation, both parties and any counsel must make at least one good-faith attempt to resolve the issues through a settlement conference or mediation.
All requests for custody evaluations must be in writing and 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.
Page 22 | LR91-FL00-29 Requirements Before Custody Evaluations
The Court may grant or order a custody evaluation only after a Status Conference attended by both parties and any attorneys, and after satisfying the listed website-work, good-faith-resolution-effort, and resource-review conditions.
The Court will not grant a request for or otherwise order a custody evaluation except following a Status Conference in the presence of both parties and their attorneys, if any, during which the Court has been satisfied that: (A) Both parties have completed the mandatory website work pursuant to FLR 25 above; (B) 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 pursuant to FLR 24 above; and (C) The court has carefully considered and reviewed with both parties and their attorneys, if any, the use of other resources.
Page 22 | LR91-FL00-29 Requirements Before Custody Evaluations
Before filing or seeking other court relief, counsel and self-represented parties must consult personally or by telephone, subject to stated exceptions, and remain reasonably available for continuing consultation.
Except in emergencies or when it might create a danger or substantial prejudice or is otherwise unreasonable to do so, counsel and pro se parties shall have a personal or telephonic consultation to resolve any issue before filing or seeking any other relief through the court. Counsel and pro se parties contacted for a consultation shall make themselves reasonably available for consultation. The duty of consultation shall be continuing.
Page 22 | LR91-FL00-28 Protocols After Initial Filing (A)
The required consultation must address resolution of disputed matters, compliance with FLR 24–26, and resources for resolving current and future issues and building cooperation.
In the consultation, counsel and pro se parties shall: (1) Attempt to resolve all matters at issue; (2) Confirm the parties’ compliance with FLR 24, 25, and 26; and (3) Discuss the resources they believe the parents could use to resolve current and future issues and to build cooperation.
Page 22 | LR91-FL00-28 Protocols After Initial Filing (B)
Adjournment & Extension Requirements
A motion for continuance must be written, signed, and comply with Indiana Trial Rule 53.5, unless made on the record during the hearing or otherwise authorized by the Court.
(A) Written Motions: A motion for continuance, unless made on record during the hearing of the cause or otherwise specifically authorized by the Court, shall be in writing and signed. Such motion shall comply in all respects with T.R. 53.5 of the Indiana Rules of Trial Procedure.
Page 4 | Continuances
A motion for continuance based on a scheduling conflict must identify both cases, the dates and types of conflicting proceedings, and the court and cause number.
(B) Scheduling Conflicts: A motion for continuance based on a scheduling conflict with another cause shall specify the Court, the case name, the cause number, the date the hearings or trials in both cases were set, and the type of conflicting hearing or trial.
Page 5 | Continuances
A motion for continuance must report objections and alternative rescheduling dates.
Such objections and alternative dates shall be reported in the motion for continuance.
Page 5 | Continuances
The Court may allow additional time for counsel to prepare and file the appropriate order after a Courthouse-steps settlement.
However, if the parties reach a settlement on the Courthouse steps, then the Court shall accept evidence of that settlement on the record and enter the appropriate Order upon preparation and filing by counsel within twenty-one (21) days after submission or such additional time as the Court may allow.
Page 23 | Agreed Matters – Submission
Chambers Communication Rules
No person shall remove any books from the White Circuit or White Superior Court, either Judge's chambers, or the Courthouse law library without first notifying the Bailiff or other Court staff and leaving a proper receipt with the Bailiff or other Court staff.
No person shall remove any books from the White Circuit or White Superior Court, either Judge's chambers, or the Courthouse law library without first notifying the Bailiff or other Court staff and leaving a proper receipt with the Bailiff or other Court staff.
Page 7 | LR91-AR00-09 Removal of Original Court Files or Law Library Items
A person must obtain leave from either Court or the Clerk before removing an original item from the custody of the Clerk or other court officer.
No person shall remove any original pleading, paper, record, model, or exhibit from the custody of the Clerk or other officer of the White Circuit or White Superior Court having custody thereof without first obtaining leave from either Court or the Clerk of the Court.
Page 7 | LR91-AR00-09 Removal of Original Court Files or Law Library Items