Whitley County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
(1) Such matter does not exceed ten (10) pages, including the cover sheet;
- Page limit
- Up to 10 pages
Document Format Requirements8 rules
Non-documentary and oversized exhibits shall not be sent to the Appellate level Court, but shall remain in the custody of the trial court or Administrative Agency during the appeal.
Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.
Attorneys and collection agencies must accurately complete requested garnishment orders on the attached form, and noncompliant orders will not be accepted.
Court's wording
B. All attorneys and collection agencies using the courts for reasons described above shall submit the courts’ requested garnishment orders which have been accurately completed on the form of order attached hereto. C. The courts will not accept garnishment orders which do not comply with this local rule.
A. All attorneys and collection agencies using the courts for collection matters and enforcement of judgments for payment of money shall use, when permitted by law, the form of garnishment order attached hereto, or a substantially similar form.
a. All papers shall be flat and unfolded, unless received by mail. b. All documents shall be on standard 20# white paper and measure 8 ½” x 11” with the exception of existing wills. c. Documents shall be free of blood, saliva, and objects such as grommets and staples.
- Paper size
- Letter
Formatting
- •Papers must be flat and unfolded unless received by mail
Under no circumstances should drugs, currency, or other dangerous or valuable items be included in appellate records.
All numbers shall be rounded to the nearest whole dollar.
Photographs of any exhibit may be included in the volume of documentary exhibits.
Document Filing Requirements16 rules
All withdrawals of appearance of counsel shall be in writing and upon Order of the Court.
A motion to withdraw must identify the filing court, the client’s last known address and telephone numbers, and relevant hearing, trial, and pretrial deadline dates.
Court's wording
B. A motion to withdraw shall include the following: (1) The name and address of the Court where the case is filed; (2) The last known address of the client and the client’s telephone numbers; and (3) Any hearing or trial dates and any pleading, discovery or other pretrial deadline dates.
The court's notice must state the date the evidence will be destroyed if it is not retrieved before then.
Court's wording
In all cases, the court shall provide actual notice, by mail (including email), to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence, the receipt will be made part of the court file.
(3) The sending party creates, at the time of transmission, a machine generated log for such transmission; and (4) The original document and the transmission log are maintained by the sending party for the duration of the litigation.
A facsimile filing must include a signed cover sheet stating the document title, case number, page count, sender identity and voice telephone number, and filing instructions.
- Document
- Cover sheet
Must include
- •Page count
- •Case number
Court's wording
Any document sent to the Clerk of the Whitley County Courts by electronic facsimile transmission shall be accompanied by a cover sheet which states the title of the document, case number, number of pages, identity and voice telephone number of the sending party and instructions for filing. The cover sheet shall contain the signature of the attorney or party, pro se, authorizing the filing.
Court reporters must report transcript fees to the Indiana Office of Court Services 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 either county indigent, state indigent, or private transcripts to the Indiana Office of Court Services. The reporting shall be made on forms prescribed by the Indiana Office of Court Services.
Any application for emergency detention for treatment of mentally ill individuals shall comply with Indiana Code 12-26-5-1 and Indiana Code 12-26-5-2.
For an oral application by telephone or radio, the applicant must recite the required facts under penalty of perjury and read the entire application; if the judge agrees, the applicant must sign the judge’s name and enter the issuance time as directed.
Court's wording
If the application is made orally by telephone or radio, the applicant shall recite the facts required by Indiana Code 12-26-5-1 under penalty for perjury and shall read to the judge the entire contents of the application. The judge may direct the applicant to modify the terms of the emergency detention. If the judge agrees to the emergency detention, the judge shall direct the applicant to sign the judge’s name to the application and enter the time of its issuance.
Each party, if applicable, must file the specified child-support and parenting-time worksheets by the provisional-orders hearing date, including the post-secondary worksheet if necessary.
Court's wording
On or before the date the Motion for Provisional Orders is set for hearing each party, if applicable, shall file with the court the Child Support Obligation Worksheet and Parenting Time Credit Worksheet (and Post-Secondary Education Worksheet if necessary) which are found at: https://www.in.gov/courts/services/child-support-calculator/.
Unless waived by the Court, no case involving the issue of contested child custody will be set for final hearing until there is filed with the Court a custodial evaluation prepared by an expert approved by the Court.
If not previously filed, the parties must submit the completed specified worksheets by the final hearing in the listed dissolution, paternity, or child-support-modification petitions.
Court's wording
If not previously filed, on or before the date of the final hearing on any Petition for Dissolution of Marriage, Petition to Establish Paternity or Petition to Modify Child Support, the parties shall submit to the Court a completed copy of the Child Support Obligation Worksheet, Parenting Time Credit Worksheet (and Post-Secondary Education Worksheet if necessary).
Court time for a final contested hearing on a Petition for Dissolution of Marriage will not be scheduled until a party has fully completed and filed a Statement of Assets and Liabilities.
If a temporary division of marital assets and/or debts is to be at issue at the hearing, then the parties shall file with the Court the Statement of Assets and Liabilities as set forth at Appendix 1.
In covered cases, the parties must attend the same specified parenting program, the Petitioner chooses if they cannot agree, and they must present a completion certificate by the final hearing.
Court's wording
In any dissolution, legal separation or paternity case where orders are requested regarding unemancipated children, the parties shall attend either the Bowen Center “TransParenting” program or Choices and Changes “Shared Parenting” program. The parties shall attend the same program. In the event the parties cannot agree, the Petitioner shall determine which course the parties complete. Parties shall present their certificate of completion to the court on or before the date of final hearing.
Parties may submit an affidavit confirming the Party has provided a Statement of Assets and Liabilities to the opposing Party in order to comply with this rule.
Filing & Service rules
Electronic Filing Rules
Paper and electronically filed pleadings must be filed with the Clerk, not directly with the Court, unless the Indiana Rules of Court require otherwise.
Regarding paper and electronically filed pleadings, hereinafter referred to as “all pleadings,” pleadings shall be filed with the Clerk, not directly with the Court, unless otherwise required by the Indiana Rules of Court.
Page 4 | TRIAL RULES — LR92-TR77-1.1
Pleadings, motions, and other documents may be filed by facsimile at the specified number if the page, fee, log-creation, and record-retention conditions are met.
The Whitley Circuit and Superior Courts hereby authorize the filing of pleadings, motions and other documents via electronic facsimile at facsimile machine telephone number (260) 248-3137 provided: (1) Such matter does not exceed ten (10) pages, including the cover sheet; (2) Such matter does not require the payment of fees by the Court; (3) The sending party creates, at the time of transmission, a machine generated log for such transmission; and (4) The original document and the transmission log are maintained by the sending party for the duration of the litigation.
Page 11 | LR92-AR12-5 FILING OF DOCUMENTS IN THE WHITLEY CIRCUIT AND SUPERIOR COURTS BY FACSIMILE TRANSMISSION
Counsel must report the result of informal hearings to court staff by e-filing within ten days.
Counsel shall inform the court staff of the result of the informal hearings by E-file within ten (10) days.
Page 20 | SCHEDULING OF COLLECTION HEARINGS
Attorneys must e-file in Whitley County.
Attorneys are required to e-file in this county;
Page 1 | E-file a case
Non-attorneys are encouraged to e-file in Whitley County.
others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
Objections to the Discovery Order must be filed 14 days before trial.
Any objections to this Discovery Order must be filed fourteen (14) days before trial.
Page 7 | Discovery Order
A facsimile filing received during posted business hours is filed when the duplicate is produced in the Clerk's office; one received at other times is filed the next normal business day.
C. Time of Filing. During normal, posted business hours, the time of filing shall be the time the duplicate document is produced in the office of the Clerk of the Whitley County Courts. Duplicate documents received at all other times shall be filed as of the next normal business day.
Page 11 | LR92-AR12-5 FILING OF DOCUMENTS IN THE WHITLEY CIRCUIT AND SUPERIOR COURTS BY FACSIMILE TRANSMISSION
An employee may bring a civil action for the stated relief within six months after a prohibited discharge.
if an employer discharges an employee in violation of the provisions prohibiting discharge (24-4.5-5-106) the employee may within six months bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee.
Page 19 | NOTICE TO GARNISHEE DEFENDANT AND JUDGMENT DEFENDANT
Counsel must e-file the result of an informal hearing within ten days.
Counsel shall inform the court staff of the result of the informal hearings by E-file within ten (10) days.
Page 20 | SCHEDULING OF COLLECTION HEARINGS
A subsequent proceeding supplemental may not be filed for one year after an earlier one unless the plaintiff submits a statement demonstrating a material change in the defendant’s financial circumstances.
Once a proceeding supplemental has been filed a subsequent proceeding supplemental may not be filed for a period of one (1) year unless the Plaintiff submits to the Court a statement demonstrating a material change in the financial circumstances of the Defendant.
Page 20 | LIMITATION ON FILING PROCEEDING SUPPLEMENTAL
The applicable worksheets must be filed on or before the date the Motion for Provisional Orders is set for hearing.
On or before the date the Motion for Provisional Orders is set for hearing each party, if applicable, shall file with the court the Child Support Obligation Worksheet and Parenting Time Credit Worksheet (and Post-Secondary Education Worksheet if necessary) which are found at: https://www.in.gov/courts/services/child-support-calculator/.
Page 21 | DISSOLUTION RULE — A. Provisional Relief Hearing
If not previously filed, the specified completed worksheets must be submitted on or before the final hearing in the listed petitions.
If not previously filed, on or before the date of the final hearing on any Petition for Dissolution of Marriage, Petition to Establish Paternity or Petition to Modify Child Support, the parties shall submit to the Court a completed copy of the Child Support Obligation Worksheet, Parenting Time Credit Worksheet (and Post-Secondary Education Worksheet if necessary).
Page 21 | DISSOLUTION RULE — E. Verified Submission of Child Support Information
The parties must present their program-completion certificate to the court on or before the final hearing.
Parties shall present their certificate of completion to the court on or before the date of final hearing.
Page 22 | DISSOLUTION RULE — F. Education Program
Service and Proof of Service Rules
the motion shall be served on the client at least ten (10) days prior to the date of the filing of the motion;
the motion shall be served on the client at least ten (10) days prior to the date of the filing of the motion;
Page 4 | TRIAL RULES — LR92-TR3.1-2
The court must notify all attorneys of record and unrepresented parties by mail, including email, of the evidence-destruction date and retrieval deadline.
In all cases, the court shall provide actual notice, by mail (including email), to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 10 | Notification and Disposition
Plaintiff appears and makes proof of service of notice of hearing upon Defendant, ___________________________ And upon Garnishee Defendant, ___________________________________________________________________
Plaintiff appears and makes proof of service of notice of hearing upon Defendant, ___________________________ And upon Garnishee Defendant, ___________________________________________________________________
Page 18 | GARNISHMENT ORDER
The Clerk must serve a copy of the garnishment order on the Garnishee Defendant and Judgment Defendant.
4. The Clerk of this Court shall serve a copy of this order on the Garnishee Defendant, and on Judgment Defendant.
Page 18 | GARNISHMENT ORDER
Counsel and parties must keep the court informed of their current addresses; notice to the last current address is sufficient.
Counsel and parties have the duty to keep the court informed of their current addresses and notice to the last current address shall be sufficient.
Page 10 | Notification and Disposition
Pre-Motion Conference Requirements
A custody evaluation cannot be conducted, ordered, or requested until cooperative approaches such as mediation have been exhausted.
However, no custody evaluation may be conducted, ordered by the Court, or requested by any party unless and until cooperative approaches, such as mediation, have been exhausted.
Page 21 | DISSOLUTION RULE — C. Custody Evaluations
Before a provisional-orders hearing is scheduled, the parties or counsel must attempt to resolve all provisional matters by Agreed Entry; if they have not met, the hearing will be vacated until they comply.
Before a date and time is set for hearing on a Motion for Provisional Orders, the parties or their counsel shall attempt to resolve all provisional matters by way of Agreed Entry. At the beginning of each provisional order hearing, the parties will be asked if a meeting to attempt to resolve the matter has occurred. If not, the hearing will be vacated and a new hearing date shall be set once the parties have complied with this rule.
Page 21 | DISSOLUTION RULE — A. Provisional Relief Hearing
Post-dissolution petitions or counter-petitions and juvenile-paternity actions seeking custody or parenting-time changes must involve a custody evaluation and/or be referred immediately to mediation.
All post-dissolution petitions or counter- petitions, or juvenile paternity actions which seek a modification of child custody or an alteration of parenting time shall involve a child custody evaluation and/or shall be immediately referred to mediation.
Page 22 | DISSOLUTION RULE — H. Post-Dissolution/Post-Adjudication
Mediation is required before setting a juvenile-paternity or dissolution matter for final hearing absent good cause, and a contested final hearing cannot be set after referral until the court receives the mediator’s written report.
It is the policy of Whitley County courts to require mediation in juvenile paternity and dissolution matters before setting the matter for final hearing, absent good cause shown. Once a case is referred to mediation, it shall not be set for contested final hearing until the court receives a written report from the mediator.
Page 22 | DISSOLUTION RULE — G. Mediation