Whitley County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Cover sheet

Must include

page count, case number

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.

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.

CRITICAL

Applies to

Fax filing

The sender must create a machine-generated transmission log at the time of faxing and retain both the original document and log for the duration of the litigation.

(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.

CRITICAL

Applies to

Provisional hearing worksheets

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.

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/.

CRITICAL

Applies to

Custodial evaluation

Unless the Court waives the requirement, a contested-custody case cannot be set for final hearing until a court-approved expert’s custodial evaluation is filed.

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.

CRITICAL

Applies to

Emergency detention application

An application for emergency detention for treatment of a mentally ill individual must comply with the two cited Indiana Code provisions.

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.

CRITICAL

Applies to

Withdrawal of appearance

A withdrawal of appearance must be in writing and requires a court order.

All withdrawals of appearance of counsel shall be in writing and upon Order of the Court.

CRITICAL

Applies to

Child support worksheets

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.

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).

CRITICAL

Applies to

Motion to withdraw

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.

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.

CRITICAL

Applies to

Evidence destruction notice

The court's notice must state the date the evidence will be destroyed if it is not retrieved before then.

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.

CRITICAL

Applies to

Statement of assets and liabilities

Court time for a final contested dissolution hearing will not be scheduled until a party has fully completed and filed a Statement of Assets and Liabilities.

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.

CRITICAL

Applies to

Evidence removal receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which becomes part of the court file.

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.

CRITICAL

Applies to

Emergency detention application

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.

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.

CRITICAL

Applies to

Education program certificate

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.

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.

CRITICAL

Applies to

Statement of assets and liabilities

If temporary division of marital assets or debts is at issue at the hearing, the parties must file the 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.

CRITICAL

Applies to

Transcript fee report

Court reporters must report transcript fees to the Indiana Office of Court Services at least annually using its prescribed forms.

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.

INFO

Applies to

Affidavit

A party may submit an affidavit confirming that the Statement of Assets and Liabilities was provided to the opposing party to comply with the rule.

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.