White County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Certification

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.

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.

CRITICAL

Applies to

Bond form

A defendant posting a ten-percent cash bond deposit must use the court-approved bond form, and the deposit must be in the defendant’s name only.

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;

CRITICAL

Applies to

Custody evaluation request

A custody-evaluation request must be written and certify that the parties and any counsel made at least one good-faith attempt to resolve the issues through 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.

CRITICAL

Applies to

Address change notice

A person released on bond or recognizance must notify the Court in writing of any address change within 24 hours.

Advising the Court in writing of any change of address within twenty-four (24) hours of the change;

CRITICAL

Applies to

Child support guidelines worksheet

The worksheets must be promptly supplemented if information changes before the matter is resolved.

The Worksheets shall be promptly supplemented if any changes occur prior to resolution.

CRITICAL

Applies to

Support settlement agreement

Parents must present the Court with a written justification whenever a support agreement deviates from the amount calculated under the Indiana Child Support Guidelines.

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.

CRITICAL

Applies to

Plea agreement

If a guilty plea is to be entered under a plea agreement, the agreement must be submitted and entered, and heard at the Final Pre-Trial Conference time.

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.

CRITICAL

Applies to

Petition to open estate or guardianship

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.

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.

CRITICAL

Applies to

Written summary

If a proceeding supplemental is not conducted on the record, counsel must provide the Court with a written summary of its result.

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.

CRITICAL

Applies to

Motion, petition, or request for action by the Court

Must include

proposed order

All motions, petitions, and requests for court action must include a proposed order.

All motions, petitions, and requests for action by the Court must be accompanied by a proposed order.

CRITICAL

Applies to

Parenting plan proposal

Unless they have already executed an agreed parenting plan, each party must prepare and exchange a written Parenting Plan Proposal using the specified form.

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.

CRITICAL

Applies to

Certification

Each party in a dissolution or separation action must file a verified certification that they completed the mandatory website work.

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.

CRITICAL

Applies to

Fiduciary or attorney fee payment

Fiduciary or attorney fees may not be paid from a supervised estate or guardianship without a prior written court order.

No fees for fiduciaries or attorneys shall be paid out of any supervised estate or guardianship without prior written order of the Court.

CRITICAL

Applies to

Order on pre trial conference

The parties must prepare and submit an Order on Pre-Trial Conference to the Court for approval.

The parties shall prepare and submit to the Court for approval an Order on Pre-Trial Conference

CRITICAL

Applies to

Motion

Before the initial hearing, a judicial officer may deviate from the bond schedule or order detention without bail after reviewing a verified motion concerning safety or flight.

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.

CRITICAL

Applies to

Agreed matter

An agreed matter must be submitted with a signed agreement and other appropriate documents, such as a decree, wage withholding order, or qualified domestic relations order.

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.

CRITICAL

Applies to

Bond adjustment application

All bail bonds are subject to being adjusted by the Court at a hearing pursuant to statute and application by counsel of record.

All bail bonds are subject to being adjusted by the Court at a hearing pursuant to statute and application by counsel of record.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Receipt

A person removing books from the specified court locations must leave 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.

CRITICAL

Applies to

Motion or pleading

Every motion or pleading other than an initial filing must state compliance with the consultation requirements and its date, or give the specific reasons consultation did not occur.

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.

CRITICAL

Applies to

Child support guidelines worksheet

In child-support proceedings, each party must file the applicable Child Support Guidelines Worksheets with any settlement or introduce them into evidence at trial.

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.

CRITICAL

Applies to

Child support guidelines worksheet

Each Child Support Guidelines Worksheet must be signed by the party or parties submitting it.

All Worksheets shall be signed by the party or parties submitting the Worksheet.

CRITICAL

Applies to

Motion

After the initial hearing, motions to modify bail or release conditions must be submitted in writing.

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.

CRITICAL

Applies to

Pleading

Must include

certificate of service

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.

(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.

CRITICAL

Applies to

Written agreement

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.

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.

WARNING

Applies to

Parenting plan

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.

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.

WARNING

Applies to

Parenting plan proposal

Parents must bring their respective Parenting Plan Proposals to every hearing, mediation session, and settlement discussion.

Parents shall bring their respective Parenting Plan Proposals to all hearings, mediation sessions, and settlement discussions.

CRITICAL

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.

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.