Marion Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Hand Delivery • After Special Judge Qualification
- Prior To Special Judge Qualification
Hearing Outline
- 3 copies
Trial Brief
- 2 copies • Chambers Drop Off
Adjournments
- At least five days before a felony or misdemeanor setting, unless the presiding judge changes the deadline, a party must file a verified continuance motion stating the detailed reasons, hearing type, defendant custody status, opposing counsel's position, and three party-agreed suggested dates, with an accompanying written order; the request is deemed denied until granted.
- A motion to waive an initial hearing when no later event is scheduled, or to add a new case event, must state the requested event type, provide suggested dates under the Trial Court's scheduling guidelines, and be filed with an accompanying written order at least five days before the current hearing date unless the presiding judge changes that deadline.
- For in-custody defendants, a continuance ordinarily may not exceed 14 calendar days for Class D/Level 6 felony and misdemeanor cases or 30 calendar days for major felony cases unless good cause is shown.
- Subsequent extension motions must be designated as such and will be granted only upon a showing of good cause.
- Continuance motions are discouraged, and neither party is entitled to an automatic continuance as a matter of right.
- +14 more
Request must include
- An initial Rule TR 6(B)(1) extension is automatically granted for 30 additional days if filed by the original due date and states both the response due date and extended due date.
- A continuance request for an infraction or ordinance-violation setting must be made by verified written motion at least 10 days before the setting and state the reasons in detail.
- A continuance motion must be filed as soon as the cause for delay is discovered and no later than seven days before trial, unless an affidavit shows that the reason arose within the preceding seven days.
Communication
Phone
Clerk
Page & Word Limits4 rules
Checked against the court's document on Oct 4, 2026Mandatory
When a reply introduces new evidence or evidentiary objections, the non-moving party may file an eight-page surreply limited to those matters within five days after service of the reply brief.
D. Surreply. If, in reply, the moving party relies upon evidence not previously cited or objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a surreply brief, not to exceed 8 pages in length, limited to such new evidence and objections, five days after service of the reply brief.
Surreply Brief
8 pages
Checked against the court's document on Oct 4, 2026Mandatory
A party filing a motion for summary judgment may file an eight-page reply brief within 10 days after service of the opposing party’s submissions.
C. Reply Brief. A party filing a motion for summary judgment may file a reply brief, not to exceed 8 pages in length, 10 days after service of the opposing party’s submissions.
Reply Brief
8 pages
Not confirmed. Read the court's wording below.Mandatory?
File a motion, supporting brief not to exceed 15 pages, and designation of any evidence upon which the party relies.
Summary: A party filing a summary-judgment motion must file a supporting brief limited to 15 pages and designate the evidence relied upon.
Supporting Brief
15 pages
Not confirmed. Read the court's wording below.Mandatory?
A response brief not to exceed 15 pages. However this brief may be a consolidated response brief addressing multiple motions for summary judgment and may exceed traditional page limitations if addressing more than one motion for summary judgment
Summary: A response brief is ordinarily limited to 15 pages, but a consolidated response addressing multiple summary-judgment motions may exceed the traditional page limitation.
Response Brief
15 pages
Document Format Requirements9 rules
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
An attorney must request withdrawal of appearance in writing and obtain court permission.
All withdrawals of appearances shall be in writing and by leave of Court.
Checked against the court's document on Oct 4, 2026Mandatory
Pleading margins must be one inch.
D. Margins. Margins shall be one inch.
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
Each guardianship or supervised-estate accounting must use the three-schedule statutory format, and informal, handwritten, or transactional accountings are not accepted.
411.1 Statutory Format for Accountings. In any guardianship or supervised estate, the personal representative or the guardian of the property must file each accounting in the three- schedule format required by I.C. §29-1-16-4. Informal, handwritten or transactional accountings will not be accepted.
Checked against the court's document on Oct 4, 2026Mandatory
A restricted settlement account must prohibit withdrawal of principal or interest without a written court order and place the prescribed restriction on the account face or investment document.
Any such restricted account must provide that no principal or interest may be withdrawn from the account without a written order of the Court, and with the following restriction placed on the face of the account or in the investment document:
Checked against the court's document on Oct 4, 2026Mandatory
A cover page identifying each exhibit by number, letter, or Bates stamp must be filed with exhibits.
D. Exhibits. To prevent the file stamp from obscuring information on an exhibit, a cover page shall be filed with exhibits and sufficiently identify the exhibit by number, letter or Bates Stamp, as designated and cited in the briefing.
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
Counsel must submit two copies of all proposed pattern and non-pattern jury instructions in three-ring binders with numerical dividers, disposition provisions, and supporting legal authorities.
Counsel shall submit two copies of ALL proposed instructions (pattern and non-pattern), in three- ring binders, with numerical dividers; providing the instruction with the appropriate given/modified/refused/withdrawn provisions, followed by copies of the legal support for the proposed instructions.
Checked against the court's document on Oct 4, 2026Important
Pleadings, motions, and other papers may be printed or typewritten; typewritten documents must generally be double-spaced, with indented, single-spaced quotations, and script typeface is prohibited.
A. Production. Pleadings, motions and other papers may be either printed or typewritten and filed electronically. If typewritten, the lines shall be double spaced, except for quotations, which shall be indented and single spaced. Script type shall not be used.
Checked against the court's document on Oct 4, 2026Important
Disk or email versions of proposed jury instructions must omit the citation included on the hard-copy version.
The disks or email copies of the proposed instructions shall not have the citation that was provided on the hard copy (to reduce the amount of editing required during compilation for the instructions).
Checked against the court's document on Oct 4, 2026Note
When settlement occurs just before a hearing or trial and time is insufficient for a typewritten agreement, the court may accept evidence of the settlement in handwritten form and on the record.
However, if the parties reach a settlement just prior to hearing or trial and there is insufficient time for the attorneys to prepare a typewritten agreement, then the court may accept evidence of that settlement in handwritten form and on the record.
Document Filing Requirements183 rules
Checked against the court's document on Oct 4, 2026Mandatory
A criminal case refiled after dismissal must be returned to the original court and accompanied by a Notice of Refile containing specified information about the prior case.
When the State of Indiana dismisses a case, and chooses to refile that case, the case shall be refiled in the court where the case was originally docketed. The refiled case must be accompanied with a Notice of Refile including the following information about the previously filed case: 1) cause number; 2) date of arrest; 3) days of incarceration; 4) days on bond; 5) date of dismissal; and 6) whether a request has been made under Criminal Rule 4 for a fast and speedy trial, if so the date the request was made and the time accrual since that date.
Document Type
Notice Of Refile
Checked against the court's document on Oct 4, 2026Mandatory
Every pleading, petition, and motion must be accompanied by a proposed order.
All pleadings, petitions, and motions shall be filed electronically with the Clerk of Courts during filing hours established by the Clerk and the Court and shall be accompanied by a proposed order.
Document Type
Pleading Petition Or Motion
Checked against the court's document on Oct 4, 2026Mandatory
The withdrawal letter must warn the client of possible dismissal or default and provide pertinent scheduling information.
The letter of withdrawal shall explain to the client that failure to secure new counsel may result in dismissal of the client’s case or a default judgment may be entered against him, whichever is appropriate, and other pertinent information such as trial setting date or any other hearing date.
Document Type
Withdrawal Of Appearance Letter
Checked against the court's document on Oct 4, 2026Mandatory
Every motion must include a proposed order.
All motions must be accompanied by a proposed order.
Document Type
Motion
Checked against the court's document on Oct 4, 2026Mandatory
Except for initial motions under subsection D, every motion must state whether the opposing parties object to or approve of its grant.
Except for initial motions made pursuant to subsection D herein, all motions filed with the court shall include a brief statement indicating whether opposing party(ies) object to or approve of the granting of said motion.
Document Type
Motion
Checked against the court's document on Oct 4, 2026Mandatory
Every pleading must include a caption identifying the court, division and room number, action title, and file number.
B. Caption. Every pleading shall contain a caption setting forth the name of the Court, the Division and Room Number, the title of the action and the file number.
Document Type
Pleading
Checked against the court's document on Oct 4, 2026Mandatory
Every pleading and motion must include the attorney's signature and specified identifying, contact, firm, and party-representation information.
E. Signature. All pleadings and motions shall contain the original or authorized signature of the attorney, the name of the attorney in typed or printed form, the name of the law firm if a member of a firm, the attorney’s address, identification number, e-mail address, telephone number, fax number, and the designation as to the party for whom he appears.
Document Type
Pleading Or Motion
Checked against the court's document on Oct 4, 2026Mandatory
Counsel must file an original and one copy of every brief and memorandum of law supporting a motion.
D. Number. Counsel shall file with the court an original and one copy of all briefs, and memoranda of law filed in support of a motion.
Document Type
Brief Or Supporting Memorandum
Checked against the court's document on Oct 4, 2026Mandatory
The initiating party must file an appearance form when commencing the action.
E. Appearance Form. Pursuant to Trial Rule 3.1(A), an appearance form shall be filed by the initiating party at the time an action commenced.
Document Type
Appearance Form
Checked against the court's document on Oct 4, 2026Mandatory
Plaintiff's counsel must ensure that a pre-trial stipulation executed by all counsel is filed no later than five days before the pre-trial conference.
Counsel for the plaintiff shall see that a pre-trial stipulation is prepared, executed by counsel for all parties, and filed with the Court no later than five days prior to the pre-trial conference.
Document Type
Pretrial Stipulation
Checked against the court's document on Oct 4, 2026Mandatory
If all counsel do not execute the pre-trial stipulation, each counsel must file a proposed stipulation with an explanation of the lack of agreement no later than five days before the conference.
If for any reason the pre-trial stipulation is not executed by all counsel, each counsel shall file a proposed pre-trial stipulation not later than five days prior to the pre-trial conference with a statement why no agreement was reached.
Document Type
Pretrial Stipulation
Checked against the court's document on Oct 4, 2026Mandatory
Counsel must submit proposed jury instructions to the Court seven days before trial and provide copies to all other counsel.
Seven days prior to trial, counsel shall submit proposed jury instructions to the Court, with copies to all other counsel.
Document Type
Proposed Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
Counsel for the party that initiated the litigation must submit a proposed order appointing the selected mediator.
Upon selection of the mediator, counsel for the party that initiated the litigation shall submit a proposed order appointing the mediator selected in the case.
Document Type
Proposed Order
Checked against the court's document on Oct 4, 2026Mandatory
Each written objection must be numbered, distinctly identify the objectionable matter, and include citations to authority.
Written objections shall be numbered and shall specify distinctly the objectionable matter in the proposed instruction. Each objection shall be accompanied by citations of authority.
Document Type
Objections To Proposed Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
Written objections to proposed jury instructions must be submitted to the Court on or before the first day of trial.
Written objections to proposed jury instructions shall be submitted to the Court on or before the first day of trial.
Document Type
Objections To Proposed Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
Counsel must file a memorandum addressing unusual questions of trial law no later than five days before the pre-trial conference.
D. Memoranda of Law. Counsel shall file memoranda treating any unusual questions of law involved in the trial no later than five days prior to the pre-trial conference.
Document Type
Memorandum Of Law
Checked against the court's document on Oct 4, 2026Mandatory
Each proposed jury instruction must include citations to supporting authority.
Each instruction shall be accompanied by citations of authority.
Document Type
Proposed Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
Pro se litigants must complete the attorney-information section of the appearance form.
Attorney information (as applicable for service of process): (Pro Se litigants must complete this)
Document Type
Appearance Form
Checked against the court's document on Oct 4, 2026Mandatory
A party may use a motion for relief permitted by a generally applicable court rule or for administrative, ministerial, or scheduling matters; all other requests for court action must be made by written petition.
Parties may file motions to request relief or action by the Court where motions are permitted under a generally applicable Rule of Court (such as the Indiana Rules of Trial Procedure or the Indiana Rules of Evidence) or for purely administrative, ministerial, or scheduling matters. All other requests for relief or action by the Court shall be made by the appropriate written petition filed with the Court.
Document Type
Request For Court Relief
Checked against the court's document on Oct 4, 2026Mandatory
Every moving party must provide proposed orders for the court’s rulings.
A moving party shall provide proposed orders for rulings.
Document Type
Motion
Checked against the court's document on Oct 4, 2026Mandatory
Estate and guardianship motions, petitions, inventories, and accounts must be notarized or include the stated perjury verification.
All motions, petitions, inventories and accounts in estates or guardianships shall be notarized or verified with the statement, “I verify under the penalties for perjury that the above statements are true.”
Document Type
Estate Or Guardianship Filing
Checked against the court's document on Oct 4, 2026Mandatory
Claims, motions, and pleadings filed by or for creditors or other nonfiduciary interested persons must include the filing attorney’s full contact information.
All claims, motions, and pleadings filed by or on behalf of creditors or other interested persons who are not fiduciaries shall contain the name, attorney number, office address, telephone number, fax number and email address of the attorney for the creditor or other interested person.
Document Type
Claim Motion Or Pleading
Checked against the court's document on Oct 4, 2026Mandatory
When filing a will electronically to spread it of record, the filer must retain or deposit the original with their attorney until the will-contest filing period expires.
When a petition to Spread the Will of Record is filed the party offering the Will electronically will retain or deposit with their attorney the original of the electronically filed Will until the expiration of the time for filing a will contest.
Document Type
Petition To Spread Will Of Record
Checked against the court's document on Oct 4, 2026Mandatory
An electronically offered original will must be accompanied by MSCPR Form 401.2.
When an original will is offered for probate electronically then MSCPR Form 401.2, Affidavit Regarding Original Will Offered for Probate Electronically, must accompany the petition.
Document Type
Will Probate Petition
Checked against the court's document on Oct 4, 2026Mandatory
If only a copy of the will can be located, the petition must include the copy and a Proof of Lost Will and Affidavit substantially conforming to MSCPR Form 401.3.
In the event that only a copy of the Will can be located, the copy of the Will and Proof of Lost Will and Affidavit, substantially in accordance with MSCPR Form 401.3, must accompany the petition.
Document Type
Will Probate Petition
Checked against the court's document on Oct 4, 2026Mandatory
When filing a will electronically for probate with administration, the filer must retain or give the original will to the personal representative’s attorney until the estate closes and the representative is released from liability.
When a petition to probate a Will with administration is filed the party offering the Will electronically shall retain or deposit with the attorney for the Personal Representative the original of the electronically filed Will until the Decedent’s estate is closed and the Personal Representative is released from liability.
Document Type
Will Probate Petition
Checked against the court's document on Oct 4, 2026Mandatory
Estate and guardianship pleadings, motions, inventories, and accounts must include the fiduciary attorney’s full contact information.
All pleadings, motions, inventories and accounts in estates and guardianships shall contain the name, attorney number, office address, telephone number, fax number and email address of the attorney for the fiduciary.
Document Type
Estate Or Guardianship Filing
Checked against the court's document on Oct 4, 2026Mandatory
A petition to probate a will with administration or to spread the will of record must include the original will.
All petitions to probate a Will with administration or to Spread the Will of Record must be accompanied by the original Will.
Document Type
Will Probate Petition
Checked against the court's document on Oct 4, 2026Mandatory
When the court authorizes a restricted account in lieu of a bond, the fiduciary and attorney must execute the court’s attorney’s undertaking, substantially in the form of MSCPR Form 409.4.
409.4 At the time the Court authorizes the creation of the account in lieu of a bond, the fiduciary and his or her attorney shall execute the Court's attorney's undertaking making the attorney personally responsible for the deposit of the funds in a restricted account. The attorney’s undertaking shall be substantially in accordance with the form of MSCPR Form 409.4.
Document Type
Attorney Undertaking
Checked against the court's document on Oct 4, 2026Mandatory
As a court-approved alternative to a bond, a guardian may restrict liquid assets in a federally insured financial institution or brokerage account, but the specified written-order restriction must appear on the face of each account or account document.
409.3 Subject to the discretion of the Court, in lieu of a bond otherwise required by law or by the Court, a Guardian may restrict transfer of all or part of the liquid assets of a Guardianship by placing those assets in a federally-insured financial institution or in a brokerage account (or any combination of the two) with the following restriction placed on the face of each account or document creating or evidencing the account: NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF THE MARION SUPERIOR COURT 8, PROBATE DIVISION.
Document Type
Financial Account
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
Within 30 days after the order authorizing a restricted account or investment, an officer’s certificate confirming the restriction must be filed with the court, substantially in the form of MSCPR Form 409.5.
409.5. Within thirty (30) days after an Order authorizing the creation of the account or investment, a certificate by an officer of the institution at which the account or investment has been created shall be filed with the Court which affirms that the account or investment is restricted as required by Court order. The certification shall be substantially in accordance with the form of MSCPR Form 409.5.
Document Type
Certificate
Checked against the court's document on Oct 4, 2026Mandatory
Each accounting disbursement must be a separate line item stating its date, payment identifier, payee, amount, and, when necessary, a sufficient description of its proper estate-administration or guardianship purpose.
Each disbursement (expenditure or distribution) must appear as a separate line item and must include the following information: (a) Date of the disbursement; (b) Check number or other identifying number for the method of payment used; (c) The payee’s name; (d) The amount of the disbursement; and (e) If the purpose or reason for the disbursement is not apparent from the information presented under (a) through (d), a brief description of the purpose or reason that is sufficient to show that the disbursement was made in the course of the proper administration of the estate or, in a guardianship, was made for the support or benefit of the incapacitated person or minor.
Document Type
Accounting
Checked against the court's document on Oct 4, 2026Mandatory
A qualified real-estate professional's written appraisal or market analysis must accompany the sale petition unless already filed with the inventory.
In all supervised estates and guardianships in which real property is to be sold, a written appraisal or market analysis by a qualified real estate professional shall be filed with the Petition for Sale, unless such document was previously filed with the Inventory.
Document Type
Petition For Sale
Checked against the court's document on Oct 4, 2026Mandatory
With each accounting, the filer must submit statement pages covering the months containing the accounting period's beginning and ending dates.
With each accounting, the personal representative or guardian must file copies of pages from bank account statements, brokerage or mutual fund statements, etc. for the months in which the beginning and ending dates of the accounting period fall, in order to confirm that the beginning and ending asset balances for the estate or guardianship estate agree with the opening and closing total mounts shown in the accounting.
Document Type
Accounting
Checked against the court's document on Oct 4, 2026Mandatory
A written valuation basis must be filed with the sale petition unless it was already filed with the inventory.
In all supervised estates and guardianships in which personal property is to be sold, a written basis for valuation shall be filed with the Court with the Petition for Sale, unless such document was previously filed with the Inventory.
Document Type
Petition For Sale
Checked against the court's document on Oct 4, 2026Mandatory
Before appointment and issuance of letters, the guardian and attorney must execute and file the applicable prescribed instructions form, and the Court will not accept a substitute form.
The Court’s Instructions to the guardian, executed by the guardian and his or her attorney, must be filed with the Court prior to Court appointment and the issuance of letters. These Instructions are to be considered as direct Orders of the Court. Instructions to Guardian MSCPR Form 412.0 (when the guardianship will be of the person only) or MSCPR Form 412.1 (when the guardianship will apply to the minor’s or incapacitated adult’s property) must be completed and filed with the Court. No substitute form will be accepted by the Court.
Document Type
Instructions To Guardian
Checked against the court's document on Oct 4, 2026Mandatory
A petition seeking a determination that no Indiana inheritance tax is due must state sufficient information showing that no transferee has received or will receive assets exceeding the applicable exemption, including the total value of reportable property transfers.
In a petition under I.C. §6-4.1-5-7 to request an order determining that no Indiana inheritance tax is due, the personal representative or trustee who files the petition must state sufficient information to show that no transferee (distributee or beneficiary) has received or will receive assets with a total value exceeding his or her inheritance tax exemption. Such required information includes but is not limited to a statement of the total value of the decedent’s property transfers that would be reported on an inheritance tax return if one were filed.
Document Type
No Inheritance Tax Petition
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
Before appointment and issuance of letters, the personal representative and attorney must execute and file MSCPR Form 412.2 for a supervised estate, and the Court will not accept a substitute form.
The Court’s Instructions to the personal representative of a supervised estate, executed by the personal representative and his or her attorney, must be filed with the Court prior to Court appointment ===== PAGE 78 ===== and the issuance of letters. These Instructions are to be considered as direct Orders of the Court. Instructions to Personal Representatives of Supervised Estates MSCPR Form 412.2 must be completed and filed with the Court. No substitute form will be accepted by the Court.
Document Type
Instructions To Personal Representative Supervised Estate
Checked against the court's document on Oct 4, 2026Mandatory
An adult-incapacity guardianship petition must be supported by a treating physician’s report or other evidence required by the Court, presented at filing or on the hearing date, and no determination will be made without supporting medical evidence or testimony.
In all guardianship proceedings seeking to declare an adult incapacitated, a Physician's Report by the doctor treating the alleged incapacitated person, or such additional evidence as the Court may require, shall be presented to the Court at the time the petition is filed or on the date of the hearing. The Physician's Report shall substantially comply with MSCPR Form 413.3. No determination will be made without a supporting medical report or testimony at hearing.
Document Type
Adult Guardianship Petition
Checked against the court's document on Oct 4, 2026Mandatory
For an adult-incapacity guardianship or protective proceeding, the alleged incapacitated person must attend the hearing unless the petitioner presents sufficient medical evidence that attendance would harm the person’s health or safety.
In all guardianship or protective proceedings seeking to declare an adult incapacitated, either the person alleged to be incapacitated shall be present at the hearing, or the petitioner shall present sufficient medical evidence to establish that a court appearance would result in injury to the person's health or safety. An opinion that the person would have difficulty in understanding the procedure or might say something inappropriate is not sufficient reason alone for absence.
Document Type
Adult Guardianship Or Protective Proceeding
Checked against the court's document on Oct 4, 2026Mandatory
Before letters issue in a minor's guardianship or a minor's claim is compromised, the guardian and attorney must execute the Court's attorney's undertaking concerning restricted-account deposits.
2. Prior to the issuance of letters in a guardianship over a minor's estate or the compromise of a minor's claim, the guardian and attorney shall execute the Court's attorney's undertaking making the attorney personally responsible for the deposit of the funds in a restricted account.
Document Type
Attorney Undertaking
Checked against the court's document on Oct 4, 2026Mandatory
A proposed distribution order must be presented to the court and must require a final account of wrongful-death proceeds within 30 days.
A proposed order shall be presented to the Court, ordering distribution in accordance with the above cited statutory provisions and requiring that a final account as to the wrongful death proceeds be filed within thirty (30) days.
Document Type
Wrongful Death Distribution Petition
Checked against the court's document on Oct 4, 2026Mandatory
An intermediate account must be accompanied by the personal representative’s Petition for Extension of Time.
The intermediate account shall be accompanied by the personal representative’s Petition for Extension of Time
Document Type
Intermediate Account
Checked against the court's document on Oct 4, 2026Mandatory
A proposed minor’s settlement must include the minor’s written consent when the minor is at least 14 years old.
If the minor is at least fourteen (14) years of age, the proposed settlement shall be accompanied by a written consent to settlement by the minor.
Document Type
Minor Settlement
Checked against the court's document on Oct 4, 2026Mandatory
Within 30 days after the order authorizing the account or investment, an institutional officer must file a certificate confirming the required restriction and compliance with MSCPR 418.6, substantially in the form of MSCPR Form 418.6(B).
Within thirty (30) days after an Order authorizing the creation of the account or investment, a certificate by an officer of the institution at which the account or investment has been created shall be filed with the Court which affirms that the account or investment is restricted as required by Court order and is in compliance with this MSCPR 418.6. The certification shall be substantially in accordance with the form of MSCPR Form 418.6 (B).
Document Type
Account Restriction Certificate
Checked against the court's document on Oct 4, 2026Mandatory
A Petition to Docket Trust must be promptly served on the current trustee, and the petitioner must certify that service was made.
A Petition to Docket Trust shall be forthwith served upon the current Trustee of the trust, and the Petitioner shall certify that such service has been made.
Document Type
Petition To Docket Trust
Checked against the court's document on Oct 4, 2026Mandatory
At settlement approval, the fiduciary and attorney must execute the Court’s attorney’s undertaking, substantially in the form of MSCPR Form 418.6(A).
At the time the settlement is approved by the Court, the fiduciary and his or her attorney shall execute the Court's attorney's undertaking making the attorney personally responsible for the deposit of the funds in a restricted account. The attorney’s undertaking shall be substantially in accordance with the form of MSCPR Form 418.6 (A).
Document Type
Attorney Undertaking
Checked against the court's document on Oct 4, 2026Mandatory
Within 15 days after receiving the Petition to Docket Trust, the trustee must file written notice identifying the name and address of each known beneficiary.
No later than fifteen (15) days after receipt of the Petition to Docket Trust, the Trustee shall file with the Court written notice of the name and address of each beneficiary of the trust known to the Trustee
Document Type
Trust Beneficiary Notice
Checked against the court's document on Oct 4, 2026Mandatory
A fee petition must be signed or approved in writing by the personal representative or guardian.
A petition for fees must be signed or approved in writing by the personal representative or guardian.
Document Type
Fee Petition
Checked against the court's document on Oct 4, 2026Mandatory
Fee petitions must detail all services performed, state the amount requested, and explain how the fee was calculated.
All petitions for fees for personal representatives, guardians or attorneys shall specifically set forth all services performed in detail as well as the amount of the fee requested and how it has been calculated.
Document Type
Fee Petition
Checked against the court's document on Oct 4, 2026Mandatory
For a nonresident individual or corporate fiduciary, the petition must state that the petitioner accepts the appointment and identify the resident agent who will accept service.
7. [As required by I.C. §29-1-10-1, if the Petitioner is a nonresident individual or corporate fiduciary, the petition must also include the following: a. a statement that the Petitioner accepts the appointment as fiduciary; b. a statement providing the name, address and telephone number of the resident agent appointed by the Petitioner to accept service of process, notices, and other documents in the fiduciary proceeding;
Document Type
Petition To Appoint Personal Representative
Checked against the court's document on Oct 4, 2026Mandatory
The petition must include the original last will and testament or submit it with the petition.
The original of said Last Will is attached hereto or submitted with this Petition.
Document Type
Petition To Appoint Personal Representative
Checked against the court's document on Oct 4, 2026Mandatory
An affidavit regarding an original will offered electronically must be filed concurrently with the probate petition and state that the affiant possesses the original, the filed copy is accurate, the affiant knows of no revocation, the original will be retained or deposited through the specified period, and it will be delivered to the court when requested or statutorily required.
The undersigned hereby alleges and represents as follows: 1. Affiant concurrently is filing a petition for probate of the Last Will and Testament of the above named Decedent and for appointment as the Personal Representative of the estate 2. Affiant possesses Decedent's original Last Will and Testament and the copy submitted for probate herewith is a true and accurate copy of the Will. 3. Decedent gave no indication to Affiant or anyone else, to Affiant's knowledge, of any intention to revoke this Will. 4. Affiant will retain or deposit with the attorney for the Personal Representative the original of the electronically filed Will until the Decedent’s estate is closed and the Personal Representative is released from liability. If the Will is offered only to Spread the Will of Record Affiant will retain or deposit with their attorney the original of the electronically filed Will until the expiration of the time for filing a will contest. 5. Upon the Court's request, or as otherwise required by statute the original Last Will and Testament will be delivered to the Court.
Document Type
Affidavit Regarding Original Will Offered For Probate Electronically
Checked and corrected to match the court's document on Oct 4, 2026Mandatory
File one copy of this form with the Court before the Court confirms your appointment as guardian.
One copy of this form must be filed with the Court before your appointment as guardian is confirmed by the Court.
Document Type
Guardian Instructions Form
Checked against the court's document on Oct 4, 2026Mandatory
The guardian's attorney must file a final accounting with the court whenever the guardianship terminates, regardless of the reason.
Have your attorney file a final accounting with the Court upon the termination of the guardianship, whether due to the death of the protected person, or for any other reason.
Document Type
Final Accounting
Checked against the court's document on Oct 4, 2026Mandatory
The guardian's attorney must file a verified inventory and appraisal of the protected person's property within 90 days after appointment, using appointment-date values.
Have your attorney file with the Court, within ninety (90) days after your appointment, a verified inventory and appraisal of all the property belonging to the protected person, with values as of the date you were appointed.
Document Type
Verified Inventory And Appraisal
Not confirmed. Read the court's wording below.Mandatory?
1. Plaintiff’s VIDS shall be signed under oath.
Summary: The plaintiff's Verified Initial Disclosure Statement must be signed under oath.
Document Type
Vids
Filing & Service rules
Electronic Filing Rules
All search-warrant requests must be submitted electronically, except requests concerning a grand-jury investigation.
All requests for a search warrant must be made electronically in accordance with IC § 35-33-5- 8(a)(4) and (h), unless it is a request made concerning an investigation of the grand jury.
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Page 19 | Criminal Rules
All pleadings, petitions, and motions must be filed electronically with the court-designated clerk during clerk or court office hours.
A. Room Clerk. All pleadings, petitions and motions are electronically filed with the Clerk designated by the Court at any time during office hours established by the Clerk and the Court.
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Page 27 | LR49-TR5-205. FILING OF PLEADINGS, MOTIONS AND OTHER PAPERS — A. Room Clerk
Documents filed after October 28, 2016 must be filed through IEFS using any certified EFSP.
Documents filed after October 28, 2016, must be filed using the Indiana E-Filing System (“IEFS”). Parties may use any E-Filing Service Provider (“EFSP”) certified to participate in IEFS.
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Page 135 | LR49-TR3 Rule 600 - CAUSE NUMBER ASSIGNMENT, CASE INITIATION, SERVICE AND RULE APPLICATION, B. Filing
Post-October 28, 2016 documents must be filed through IEFS via a certified EFSP in compliance with Indiana Trial Rule 86.
Documents filed after October 28, 2016, must be filed using the Indiana E-Filing System (“IEFS”). Parties may use any E-Filing Service Provider (“EFSP”) certified to participate in IEFS. Parties must comply with the requirements of Ind. Trial Rule 86.
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Page 136 | LR49-TR4 Rule 602 - FILE & SERVEXPRESS INITIAL NOTICE SHEET, ELECTRONIC FILING
If the parties cannot agree on a preliminary issue instruction, they may provide the proposed instructions in hard copy and by email with a summary of their disagreements.
If the parties cannot agree to a preliminary issue instruction, the proposed instructions may be provided to the Court in hard copy and via email along with a summary of any areas of disagreement.
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Page 158 | 6. Trial preparation, C.3
Electronic filing of pleadings, motions, and other papers is permitted.
Pleadings, motions and other papers may be either printed or typewritten and filed electronically.
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Page 27 | A. Production
All pleadings, petitions, and motions must be filed electronically during the Clerk's established filing hours, and facsimile filing is prohibited.
All pleadings, petitions, and motions shall be filed electronically with the Clerk of Courts during filing hours established by the Clerk and the Court and shall be accompanied by a proposed order. Facsimile filing is not permitted.
Not confirmed. Read the court's wording below.
Page 13 | 6. FILING REQUIREMENTS
Facsimile filing is prohibited in the Marion Circuit and Superior Court.
B. Facsimile. Facsimile filing is not permitted in the Marion Circuit and Superior Court.
Not confirmed. Read the court's wording below.
Page 27 | LR49-TR5-205. FILING OF PLEADINGS, MOTIONS AND OTHER PAPERS — B. Facsimile
The preliminary issue instruction must also be emailed to the Court in a word-processing format.
The issue instruction shall also be provided to the Court via email in “word” processing format.
Not confirmed. Read the court's wording below.
Page 158 | 6. Trial preparation, C.3
Filing Timing and Cure Windows
In all criminal cases, substantive motions without an otherwise-established deadline must be filed within 30 days after receipt of the Notice of Witnesses & Exhibits.
(f) Substantive Motions. Substantive motions for which deadlines are not otherwise established by statute or rule, including but not limited to Motions to Suppress, Indiana Rules of Evidence 404(b), and Indiana Rules of Evidence 702, are to be filed within 30 days after receipt of Notice of Witnesses & Exhibits for all criminal cases.
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Page 16 | (f) Substantive Motions
In all criminal cases, objections and responses to motions in limine must be filed within two days after receipt of the motion.
(h) Objections/Responses to Motion(s) in Limine. For all criminal cases, objections and responses to Motions in Limine must be filed within two (2) days after receiving said Motion in Limine.
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Page 17
In all criminal cases, proposed preliminary instructions must be filed no later than five days before trial.
(i) Proposed Preliminary Instructions. For all criminal cases, Proposed Preliminary Instructions must be filed no later than five (5) days before the trial date.
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Page 17
A withdrawal request ordinarily must be filed at least ten days before trial, although the court may permit a later request for good cause.
The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court at least ten days prior to trial date, except for good cause shown.
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Page 23 | LR49-TR3.1-201. WITHDRAWAL OF APPEARANCE
The all-counsel pre-trial stipulation must be submitted no later than five days before the pre-trial conference.
Counsel for the plaintiff shall see that a pre-trial stipulation is prepared, executed by counsel for all parties, and filed with the Court no later than five days prior to the pre-trial conference.
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Page 29 | LR49-TR16-208.B. Pre-trial Stipulation Must Be Filed
The joint Case Management Order must be filed within ten days after the meeting.
Within ten (10) days after meeting those attending are to file a joint Case Management Order setting forth:
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Page 29 | B. Case Management Order
The deadline for submitting written objections to proposed jury instructions is on or before the first day of trial.
Written objections to proposed jury instructions shall be submitted to the Court on or before the first day of trial.
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Page 30 | LR49-TR16-208.F. Objections to Proposed Jury Instructions
Proposed jury instructions are due to the Court seven days before trial.
Seven days prior to trial, counsel shall submit proposed jury instructions to the Court, with copies to all other counsel.
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Page 30 | LR49-TR16-208.E. Proposed Jury Instructions
The memorandum on unusual trial-law questions must be filed no later than five days before the pre-trial conference.
D. Memoranda of Law. Counsel shall file memoranda treating any unusual questions of law involved in the trial no later than five days prior to the pre-trial conference.
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Page 30 | LR49-TR16-208.D. Memoranda of Law
When the stipulation is not signed by all counsel, each counsel's proposed stipulation must be filed no later than five days before the pre-trial conference.
If for any reason the pre-trial stipulation is not executed by all counsel, each counsel shall file a proposed pre-trial stipulation not later than five days prior to the pre-trial conference with a statement why no agreement was reached.
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Page 30 | LR49-TR16-208.C. Unilateral Filing of Pre-trial Stipulation Where Counsel Do Not Agree
A party may appeal a Marion County Small Claims Court judgment to Marion Superior Court within 60 days after entry of judgment.
Any party may appeal from the judgment of the Marion County Small Claims Court to the Marion Superior Court, within 60 days from its entry
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Page 36 | C. Appeals from Marion County Small Claims Courts.
The appearance form is due upon the parties' first appearance, but requested information may be supplied later when it becomes available in an emergency.
Pursuant to Trial Rule 3.1, this form shall be filed upon the first appearance in the case. In emergencies, the requested information shall be supplied when it becomes available.
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Page 40 | APPEARANCE FORM
A permanent guardian must prepare and file the inventory and appraisement within 90 days of appointment, while a temporary guardian must do so within 30 days of appointment.
410.1 Inventory. An inventory and appraisement shall be prepared by the guardian and filed with the Court within ninety (90) days after appointment as permanent guardian or within thirty (30) days after appointment of temporary guardian.
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Page 72 | LR49-PR00 Rule 410.1 Inventory
A property guardian must file a verified accounting within 30 days after the second anniversary of appointment and every two years thereafter, although bank statements are not required for a nonfinal accounting unless the Court orders them.
411.5 Accountings in Guardianships. Within thirty (30) days after the second anniversary of his or her appointment as guardian of the property of a minor or incapacitated adult, and every two years thereafter, the guardian must file with the Court a verified accounting that complies with MSCPR 411.1 and 411.2, except that a guardian need not file bank account statements as support for an accounting other than a final accounting unless ordered to do so by the Court.
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Page 74 | 411.5 Accountings in Guardianships
A financial institution certification that the properly restricted account was created must be filed within 30 days after the order authorizing the account.
3. Within thirty (30) days after the Order authorizing the creation of the account, a certification by a financial institution that a properly restricted account has been created in accordance with this MSCPR 413.8 shall be filed.
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Page 79 | 413.7 Restricted Accounts
A personal representative must close the estate as promptly as possible and, absent good cause, must file the final account within one year of appointment.
415.1 Personal representatives shall comply with I.C. §29-1-16-2, which provides as follows: “Every personal representative shall close the estate as promptly as possible. Unless for good cause shown, the time for filing the final account in the estate shall not exceed one (1) year from the appointment of a personal representative.”
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Page 80 | 415.1 Time For Closing Estates
A closing statement for an unsupervised estate must be filed within one year after the estate is opened.
A closing statement shall be filed within one (1) year after opening an unsupervised estate.
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Page 81 | Rule 415.4
A final account concerning wrongful-death proceeds must be filed within 30 days.
requiring that a final account as to the wrongful death proceeds be filed within thirty (30) days.
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Page 81 | Rule 416.3
The trustee’s written notice must be filed no later than 15 days after receipt of the Petition to Docket Trust.
No later than fifteen (15) days after receipt of the Petition to Docket Trust, the Trustee shall file with the Court written notice
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Page 83 | 419.3 Trusts
One copy of the guardian instructions form must be filed before the guardian appointment is confirmed.
One copy of this form must be filed with the Court before your appointment as guardian is confirmed by the Court.
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Page 104 | COURT’S INSTRUCTIONS TO GUARDIAN OF THE PERSON
The guardian's attorney must file a verified current account of guardianship income and expenditures every two years after appointment.
Have your attorney file with the Court a verified current account of all the income and expenditures of the guardianship every two (2) years after your appointment
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Page 108 | As Guardian you are required to
A party seeking to join a filed motion must file a notice of joinder within seven days after the motion is filed.
Any party wishing to join in a filed motion shall file a notice of joinder within seven days of the filing of the motion.
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Page 140 | LR49-TR5 Rule 604 - MOTION PRACTICE — C. Joinder in Motions
A defendant’s obligation to respond is not triggered until the later of 30 days after the plaintiff files the Verified Initial Disclosure Statement or 30 days after service of summons.
A. Time for filing. The obligation of defendants to respond to a Plaintiff’s Complaint is not triggered until 30 days after Plaintiff files a Verified Initial Disclosure Statement or 30 days after the defendant is served with summons in the case, whichever time is later.
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Page 146 | LR49-TR8 Rule 703 - RESPONSIVE PLEADINGS/ANSWERS
Defendants may not file Rule 12 motions or other responsive pleadings until the plaintiff’s VIDS filing period has expired.
No T.R. 12 motions or other responsive pleadings may be filed until the time for Plaintiff to file his Verified Initial Disclosure Statement (“VIDS”) has expired.
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Page 146 | LR49-TR8 Rule 703 - RESPONSIVE PLEADINGS/ANSWERS
Defendants must file Expert Witness Lists 120 days before trial or 30 days after Plaintiffs’ Rule 711(G)(4)(D) compliance, whichever is later.
E. 120 days before trial, or 30 days after Plaintiffs have complied with the disclosure requirements of Rule 711(G)(4)(D), whichever date is later, Defendants shall file their Expert Witness Lists identifying those expert witnesses from whom Defendants may offer testimony at trial or in connection with any dispositive motions.
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Page 157 | E.
Defendants must file their Final Witness and Exhibit Lists 60 days before trial or 30 days after Plaintiffs file theirs, whichever is later.
H. 60 days before trial, or 30 days after Plaintiffs have filed their Final Witness and Exhibit Lists pursuant to Rule 711(G)(4)(F), whichever date is later, Defendants shall file their Final Witness and Exhibit Lists.
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Page 157 | H.
Motions for summary judgment must be filed 150 days before trial and comply with Rule 610.
A. Motions for summary judgment shall be filed 150 days before trial and comply with Rule 610.
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Page 157 | 5. Motions, A.
Parties must file all motions in limine challenging expert qualifications or opinions under Indiana Rule of Evidence 702 no later than 28 days before trial.
Not later than 28 days before the trial date, the parties shall file all motions in limine to limit, exclude or challenge the qualifications or opinions of any expert witness under Indiana Rules of Evidence 702
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Page 158 | 6. Trial preparation, A.
A motion for change of venue or correction of venue must be filed within ten days after service of the Notice of Claim, or venue objections are waived.
Motions for Change of Venue and Motions to Correct Venue shall be filed within ten (10) days of the service of the Notice of Claim or objections to venue will be deemed waived.
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Page 167 | RULE LR49-SC12-302. CHANGE OF VENUE FROM THE COURT
A jury-trial demand must be filed no fewer than ten days after the first setting of the initial hearing.
A demand for trial by jury must be filed with the Court no fewer than ten (10) days after the first setting of the initial hearing.
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Page 168 | RULE LR49-TP38-303. JURY DEMAND
In all criminal cases, the defendant must file a Notice of Intended Witnesses & Exhibits within five days after receiving the State’s notice.
(d) Defendant’s Notice of Intended Witnesses & Exhibits. In all criminal cases, the defendant is to file a Notice of Intended Witnesses & Exhibits within five (5) days after receipt of the State’s Notice of Intended Witnesses & Exhibits.
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Page 16 | (d) Defendant’s Notice of Intended Witnesses & Exhibits
Good cause for not closing a supervised estate within one year may be shown by filing an intermediate account within 30 days after the one-year period expires.
415.2 Good cause for not closing a supervised estate within one (1) year may be shown by filing an intermediate account within thirty (30) days after the expiration of one (1) year.
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Page 80 | 415.2 Time For Closing Estates
The movant or another interested party may file a reply within seven days after the responsive filing.
The party filing the motion or any other interested party in the case may file a reply thereto within seven days of the responsive filing.
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Page 140 | LR49-TR5 Rule 604 - MOTION PRACTICE — B. Time for Response to All Motions
A party has 30 days after the court grants a T.R. 12(B) motion to replead.
A party shall have 30 days following the grant of a T.R. 12(B) motion within which to replead.
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Page 141 | LR49-TR 12(B)(6) Rule 607 - GRANT OF TRIAL RULE 12 MOTIONS
Filing a motion under T.R. 12 tolls the filing party's pending discovery deadlines.
The filing of a motion under T.R. 12 tolls pending discovery deadlines for the filing party.
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Page 141 | LR49-TR26 Rule 608 - DISCOVERY
The court accepts pleadings and conducts other business from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding recognized Circuit Court holidays, although additional sessions may be arranged outside regular hours.
The Court shall be open to accept pleadings and conduct any other business during “regular office hours” of 8:30 a.m. to 4:30 p.m. Monday through Friday of each week, except for holidays as recognized by the Circuit Court. For the convenience of the public, the Court may also arrange for sessions outside regular office hours.
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Page 164 | RULE LR49-SC00-104. COURT HOURS
A party that has objected must file its response within 15 days after the motion is filed.
If the statement regarding the position of the opposing party(ies) required under subsection A herein indicates that objection to the granting of said motion may ensue, said objecting a party shall have 15 days from the date of filing to file a response to said motion.
Not confirmed. Read the court's wording below.
Page 26 | LR49-TR5-203. REQUIREMENTS FOR MOTIONS
The new Complaint in a transferred small-claims case must be filed within 20 days after docketing unless the Court orders otherwise.
The new Complaint shall be filed within 20 days of the date the case is docketed and filed in the Marion Superior Court or as otherwise ordered by the Court.
Not confirmed. Read the court's wording below.
Page 35 | LR49-TR79.1-226. MARION COUNTY SMALL CLAIMS COURT CASES
For a small-claims appeal, the Small Claims Court Judge must certify and transmit the completed transcript and case papers to the Marion County Clerk within 20 days.
The Small Claims Court Judge shall certify a completed transcript of all the proceedings had before said Judge and transmit the same, together with all other papers in the cause, to the Marion County Clerk, within 20 days.
Not confirmed. Read the court's wording below.
Page 36 | C. Appeals from Marion County Small Claims Courts.
A guardian of the person must file a report with the court at least every two years.
You must file a report with the Court at least every two years.
Not confirmed. Read the court's wording below.
Page 105 | Guardian Instructions
A copy of the instructions form must be filed with the Court before the court confirms the personal representative’s appointment.
One copy of this form must be filed with the Court before your appointment as personal representative is confirmed by the Court.
Not confirmed. Read the court's wording below.
Page 110 | COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF SUPERVISED ESTATE
Within two months of appointment, the personal representative must file either a conforming inventory and promptly serve it on known heirs, beneficiaries, or distributees, or a verified certification stating that the inventory was prepared and notice of its availability was promptly served.
Within two (2) months of your appointment you must either: A. file with the Court an inventory conforming with the requirements of I.C. 29-1-7.5- 3.2 (b) and forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees of the estate, or, B. file with the Court a verified certification that an inventory conforming with the requirements of I.C. 29-1-7.5-3.2 has been prepared, that it is available to be furnished to distributees on request and that notice of preparation of the inventory and its availability has been forthwith served on all known heirs, beneficiaries or distributees.
Not confirmed. Read the court's wording below.
Page 114 | Court’s Instructions to Personal Representative of Unsupervised Estate
When a settlement agreement is entered orally on the record, counsel must submit an order setting it forth for court approval within ten days or any additional time the court allows.
If the agreement is entered orally on the record, counsel shall submit an order setting forth the agreement for approval by the court within ten (10) days or such additional time as the court may allow.
Not confirmed. Read the court's wording below.
Page 130 | LR49-FR00-506. SUBMISSION OF AGREED MATTERS
The joint case management order must be submitted at least 60 days before the hearing unless the parties request and receive an extension.
The joint case management order shall be submitted at least 60 days prior to the hearing, unless an extension is granted after request by the parties.
Not confirmed. Read the court's wording below.
Page 133 | LR49-FR00-511. CASE MANAGEMENT CONFERENCES
A defendant has five days, including days when the court is closed, after the plaintiff's enlargement motion is filed to object.
Defendants shall have five days, including days when the Court is not open, after the filing of plaintiffs’ motion to file an objection.
Not confirmed. Read the court's wording below.
Page 139 | LR49-TR5 Rule 604 - MOTION PRACTICE — A. Motions for Enlargement of Time — 1. Plaintiffs
A party objecting to a motion generally must respond within 10 days after filing, subject to specified exceptions.
Notwithstanding LR49-TR5-203, any party objecting to a motion shall have 10 days from the date of filing to file a response, except for motions filed pursuant to Indiana Trial Rule 41, or as otherwise provided by Mass Tort Local Rule or Court order.
Not confirmed. Read the court's wording below.
Page 140 | LR49-TR5 Rule 604 - MOTION PRACTICE — B. Time for Response to All Motions
The Court will consider only fully briefed motions that are at issue at least seven days before the hearing, absent leave of court.
B. Motions Must Be Fully Briefed. Only motions that are fully briefed and at issue at least seven days before the hearing will be considered by the Court, absent leave of court.
Not confirmed. Read the court's wording below.
Page 144 | Rule 611 Motions Must Be Fully Briefed
A party seeking to address a pending motion or general issue must file a written proposed-agenda notice on the Master Docket at least seven days before the scheduled motion day or status conference.
Any party that wishes to address any pending motion or general issue at status conferences or on monthly motion days must submit a written notice containing proposed agenda items. Proposed agendas must be filed on the Master Docket no less than 7 days prior to the scheduled motion days or status conference.
Not confirmed. Read the court's wording below.
Page 144 | Rule 611 Agenda Item Proposals
Service and Proof of Service Rules
Before withdrawal is permitted, the attorney must provide the client ten days’ written notice, file a copy with the court, and supply the party’s last known address, unless new counsel simultaneously enters an appearance.
Permission to withdraw shall be given only after the withdrawing attorney has given his client ten days written notice of his intention to withdraw, has filed a copy of such with the Court; and has provided the Court with the party’s last known address; or upon a simultaneous entering of appearance by new counsel for said client.
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Page 23 | LR49-TR3.1-201. WITHDRAWAL OF APPEARANCE
Serving the motion on the other parties constitutes notice of filing when notice is required.
When a motion requires notice, the serving of the copy of the motion upon the other parties in the cause shall constitute notice of filing.
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Page 26 | LR49-TR5-203. REQUIREMENTS FOR MOTIONS
In dissolution and paternity matters, the moving party or counsel must serve notice of the hearing or trial at least seven days before trial and file a copy with the court by the trial date.
B. Notice in Dissolution and Paternity Matters. In all dissolution or paternity matters, the Moving party or their counsel shall give notice of the time and place of the hearing or trial by subpoena, notice of hearing or letter, served upon the adverse party at least seven days prior to the trial date and file a copy of said notice with the Court on or prior to the trial date.
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Page 33 | LR49-TR53-215. MOTIONS FOR CONTINUANCE
A party filing a motion to correct error must also serve the magistrate or commissioner when that judicial officer recommended and signed the final judgment or appealable final order at issue.
In addition to serving the judge with a separate copy of motion to correct error pursuant to Ind.Trial Rule 59(C), parties filing motion to correct errors shall also serve the Magistrate or Commissioner with a copy of the motion to correct error if a Magistrate or Commissioner recommended and signed the final judgment or appealable final order at issue.
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Page 34 | LR49-TR59-218. SERVICE UPON JUDICIAL OFFICERS
Copies of the motion or petition must be served with every notice of hearing.
Copies of the subject motion or petition must be served with all notices of hearing.
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Page 68 | MSCPR 405.2
Copies of any estate or guardianship account, including a final account in a supervised estate, must be served with the notice of hearing.
Whenever any estate or guardianship account (including a final account in a supervised estate) is set for hearing, copies of the account must be served with notice of hearing.
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Page 68 | MSCPR 405.3
The moving party must submit proof of service whenever notice of a hearing or trial is given, except when the court schedules the hearing or trial on its own motion.
Whenever notice of any hearing or trial is given, it is the responsibility of the moving party to submit proof of service. If the Court issues an order or notice on its own motion to schedule a hearing or trial, the Court will choose the appropriate means of making and confirming service, and the preceding sentence will not apply.
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Page 68 | MSCPR 405.1
An adult guardian may not be appointed and a protective order may not be entered without notice to the alleged incapacitated person or known duly appointed attorney-in-fact, except on verified allegations of immediate and irreparable injury or property loss or damage.
Consistent with I.C. § 29-3-3-4(a) and (b), no guardian of an adult shall be appointed or protective order entered without notice to the alleged incapacitated person or to his duly appointed attorney-in-fact (if known), except upon verified allegations that delay may result in immediate and irreparable injury to the alleged incapacitated person or loss or damage to property.
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Page 78 | 413.3 Notice
The Petition to Docket Trust must be promptly served on the trust’s current trustee.
A Petition to Docket Trust shall be forthwith served upon the current Trustee of the trust
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Page 83 | 419.1 Trusts
The fiduciary and financial institution must promptly notify the court in writing if principal or interest is withdrawn without court authorization.
The fiduciary and the financial institution shall both promptly notify the Court in writing in the event that any principal or interest is withdrawn from the account without Court authorization.
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Page 83 | 418.6 Attorney’s Undertaking and Certification
The trustee must serve the petitioner with the beneficiary notice at the same time the notice is filed with the court.
The Trustee shall file with the Court written notice of the name and address of each beneficiary of the trust known to the Trustee and shall serve the Petitioner with the notice at that same time.
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Page 83 | 419.3 Trusts
All additional pleadings and notices of hearing must be served on all trust beneficiaries regardless of whether their interests are present, future, vested, or contingent, unless an applicable written waiver or consent applies.
All additional pleadings and any notice of hearing shall be served upon all beneficiaries of the trust, whether the nature of the interest is present, future, vested, or contingent, unless such beneficiaries have signed in advance or are bound by a proper written waiver of service, a written waiver of notice of hearing, a written waiver of necessity for a hearing, or a written consent to the relief requested.
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Page 83 | 419.4 Trusts
A bench warrant generally requires personal service on the adverse party and a completed information sheet, although the court may use copy service with sworn proof of actual notice.
D. Bench Warrant. In order to obtain a bench warrant from the court, a party must have personal service on the adverse party and complete a bench warrant information sheet. The court may issue a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.
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Page 127 | LR49-FR00-502. ADMINISTRATIVE PROCEDURES — D. Bench Warrant
At least seven days before a family-law hearing or trial, the moving party must serve notice stating the time, place, and possibility of deciding the matter in the party's absence; proof of service by certified mail or sheriff is generally required.
A. Notice. In all relevant family law matters, the moving party shall give notice of the time, place of the hearing or trial and that matters may be heard and determined in a party’s absence, by summons, subpoena, order to appear, notice of hearing, served upon the adverse party at least seven days prior to the hearing or trial and file a copy of the notice with the Court. Proof of service by certified mail or sheriff is generally required.
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Page 128 | LR49-FR00-503. NOTICE AND SPECIAL DISCLOSURE REQUIREMENTS — A. Notice
Pleadings in post-dissolution or paternity-decree actions must be served upon the party in accordance with the Indiana Rules of Trial Procedure.
Service of process of any post dissolution or paternity decree pleadings shall be made upon the party pursuant to Indiana Rules of Trial Procedure.
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Page 134 | LR49-FR00-5123. TERMINATION OF REPRESENTATIVE CAPACITY
Depositions must be published without a motion only through File & ServeXpress Deposition Docket 98-000.
A. Depositions. Publication of depositions, pursuant to T.R. 5(E)(5), shall be made, without Motion, on the File & ServeXpress Deposition Docket (98-000) only.
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Page 137 | LR49-TR5 Rule 603 - FILING, TITLING AND SERVICE, A. Depositions
Court filings, discovery, case materials, and communications may be served through File & ServeXpress; nonpublic Administrative Rule 9 documents must use “Serve Only – Private,” while all others must use “Serve Only – Public.”
Service of all court filings, discovery, or other case materials or communications may be served using File & ServeXpress as authorized by the Supreme Court. Documents filed not for public access pursuant to Administrative Rule 9 must be served using the “Serve Only – Private” option. All other documents must be served using the “Serve Only – Public” option.
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Page 138 | LR49-TR5 Rule 603 - FILING, TITLING AND SERVICE, E.2 Service
Counsel must serve the entirety of previously unserved deposition transcripts relied on for summary judgment on the Deposition Docket under Rule 603(A).
2. Counsel shall serve any deposition transcripts, not previously served on File & ServeXpress, but relied upon for purposes of summary judgment, in their entirety on the Deposition Docket, as provided in Rule 603(A).
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Page 143 | Summary Judgment Designated Documents
At least seven days before a scheduled identification-witness deposition, Plaintiff must serve Defendants with notice identifying the plaintiffs for whom the witness will testify and the defendants against whom the witness is offered.
At least seven days prior to the scheduled deposition of a Plaintiff, coworker, or other identification witness, Plaintiff shall serve Defendants with a notice containing the names of each Plaintiff for whom the witness will be called to testify and against which Defendants the witness is offered.
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Page 153 | LR49-TR30 Rule 710 - Depositions
In cases seeking possession of real estate, service generally must be completed at least 10 days before the initial hearing, subject to the cited statutory exceptions.
When possession of real estate is sought, service shall be effected no fewer than ten (10) days before the initial hearing, except in those instances consistent with Ind. Code § 32-30-3-4 and § 32-31-6-7.
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Page 166 | RULE LR49-SC03-203 — TIMELINESS OF SERVICE
Service generally must be completed at least 20 days before the initial hearing, except when possession of real estate is sought.
Service shall be effected no fewer than twenty (20) days before the initial hearing, except when possession of real estate is sought.
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Page 166 | RULE LR49-SC03-203 — TIMELINESS OF SERVICE
A guardian seeking to sever jointly owned property must file a petition and provide notice to all co-owners, although the court may waive the advance petition or notice requirements when the property value is nominal or de minimis relative to the time and cost.
410.2 Petitions to Sever Jointly Owned Property. If a guardian seeks under I.C. §29-3-8-6.5 to sever title to title to property jointly owned by the protected person and another, the guardian shall file a petition with the Court, with notice to all co-owners of the jointly held property interest. The Court may approve any petition under this MSCPR 410.2 without a hearing, and upon a showing by the guardian that the total value of the jointly-titled property to be severed is nominal or is de minimis in comparison to the time and cost of a petition or providing notice to all co-owners, the Court may waive the requirements of the preceding sentence regarding an advance petition or notice to co-owners or both.
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Page 72 | LR49-PR00 Rule 410.2 Petitions to Sever Jointly Owned Property
Counsel must establish a File & ServeXpress administrator and maintain Internet access, an email account, and a username and password to serve and receive documents electronically.
Counsel must contact File & ServeXpress to establish an administrator who will register and receive user names and passwords for appearing counsel and their staff. All counsel must have Internet connectivity and an e-mail account. A File & ServeXpress user name and password is necessary to serve pleadings or other documents, as well as receive electronic notice of documents served.
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Page 136 | LR49-TR4 Rule 602 - FILE & SERVEXPRESS INITIAL NOTICE SHEET, ELECTRONIC SERVICE
A previously served File & ServeXpress document should not be attached to a new document or served again and should instead be identified by its TID, document title, cause number, and submission date.
B. Previously Served Documents. Any document already served using File & ServeXpress should not be attached to new documents or re-served to File & ServeXpress. Reference shall be made to the File & ServeXpress TID, the Document Title, the cause number, and the date submitted.
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Page 137 | LR49-TR5 Rule 603 - FILING, TITLING AND SERVICE, B. Previously Served Documents
Each distinct document should be served separately through File & ServeXpress, with the first document designated as the main document and supporting documents limited to materials related to that main document.
d. Main and Supporting Documents. Each distinct document should be served on File & ServeXpress separately, as a main or supporting document. “Main” is the default setting for the first document served on File & ServeXpress in each transaction. “Supporting” documents may be served, but are restricted to only those documents that relate to the main document served in the transaction. File & ServeXpress does not restrict the number of supporting documents.
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Page 138 | LR49-TR5 Rule 603 - FILING, TITLING AND SERVICE, E.2.d Main and Supporting Documents
Testimony concerning an unnotified product or job site may be used against a defendant only after that defendant receives proper notice and an opportunity to re-depose the witness concerning the relevant products, job sites, or work.
Plaintiff may be allowed to utilize such testimony, however, upon giving those defendants, who were only identified by such witness subsequent to the issuance of the original notice of deposition, proper notice and a chance to re-depose this witness as to issues regarding their products, job sites, or work at issue.
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Page 153 | LR49-TR30 Rule 710 - Depositions
In an emergency, the Court may reduce the service period below 10 days, but failure to pay rent is not an emergency under the cited statute.
In emergency situations, the Court may reduce the Timeliness of Service requirement to a period of time less than ten (10) days. Consistent with Ind. Code § 32-31-6-7, failure to pay rent is not considered an emergency situation.
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Page 166 | RULE LR49-SC03-203 — TIMELINESS OF SERVICE (Comment)
When an unrepresented litigant does not designate a service preference, the Notice of Claim and Summons must be served by certified mail.
At the time of filing a claim, the Clerk shall explain to unrepresented litigants their options for serving the Notice of Claim and Summons. Should the litigant fail to designate a preference, service shall be by certified mail.
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Page 167 | Indiana Small Claims Rule 3(C)
Parties may electronically serve filed documents through File & ServeXpress and should select “Serve Only – Public.”
The Indiana Supreme Court through its Office of Judicial Administration has authorized Parties to continue to use File & ServeXpress for electronic service and storage of documents. Using File & ServeXpress for service of filed documents will maintain complete case histories for each case as well as the master and deposition dockets. Parties should select “Serve Only – Public” to serve documents on File & ServeXpress.
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Page 135 | LR49-TR3 Rule 600 - CAUSE NUMBER ASSIGNMENT, CASE INITIATION, SERVICE AND RULE APPLICATION, C. Service
All service required by Indiana Trial Rule 5 and other required documents may be served electronically through File & ServeXpress.
The Indiana Supreme Court Office of Judicial Administration has authorized that all service required by Ind. Trial Rule 5 and other required documents may be served using File & ServeXpress. File & ServeXpress is an electronic, web-based service system.
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Page 136 | LR49-TR4 Rule 602 - FILE & SERVEXPRESS INITIAL NOTICE SHEET, ELECTRONIC SERVICE
Plaintiff may serve the Master Set of Interrogatories and Production Requests by letter identifying the assigned File & ServeXpress TID number; one letter may serve all defendants, and discovery is deemed served on a defendant served before that defendant appears.
Plaintiff may serve the Master Set of Interrogatories and/or Production Requests by letter, which must specifically reference the File & ServeXpress TID number assigned to the document containing the discovery requests being served. A single service letter to all defendants may be served and applies to all defendants, regardless of time of filing their appearance. If plaintiff serves all defendants by letter prior to the appearance of a defendant, the discovery shall be deemed served on the defendant.
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Page 149 | LR49-TR26 Rule 707 - PLAINTIFF’S DISCOVERY PROPOUNDED TO DEFENDANTS
Defendants may serve Master Discovery by letter identifying the TID number assigned to the document containing the discovery requests.
Defendants may serve Master Discovery by letter, which must specifically reference the TID number assigned to the document containing the discovery requests being served.
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Page 150 | LR49-TR26 Rule 708 - DEFENDANTS’ DISCOVERY PROPOUNDED TO PLAINTIFFS
A party may videotape a deposition only after providing advance written notice under Indiana Rule of Trial Procedure 30(B)(4).
Any party may videotape a deposition taken in a case subject to these Local Rules after providing advanced written notice pursuant to Ind. R. Trial P. 30(B)(4).
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Page 153 | LR49-TR30 Rule 710 - Depositions
The appearance form must be served on all parties and counsel.
This appearance form has been served on all parties and/or counsel.
Not confirmed. Read the court's wording below.
Page 40 | APPEARANCE FORM
The Notice of Possible Non-Compliance must include a certificate of service documenting service by first-class United States mail, postage prepaid, on the fiduciary, beneficiary, and creditor.
CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was served upon the following by first class, United States mail, postage prepaid, this _____day of _______, 2_____: Fiduciary Address Beneficiary Address Creditor Address
Not confirmed. Read the court's wording below.
Page 100 | Marion County Probate Form 402.4 Notice to Court and Order Setting Hearing
The Clerk must mail the compliance-hearing order to the personal representative or guardian, counsel, protected person, heirs or beneficiaries, and creditors.
The Clerk is hereby directed to mail a copy of this Order to the personal representative/guardian, their attorney, the protected person and all heirs/beneficiaries and creditors.
Not confirmed. Read the court's wording below.
Page 101 | Order to Appear for Compliance Hearing
The guardian must provide the inventory to a protected person age 14 or older and to the other persons specified by Indiana Code §29-3-9-5.
You must provide a copy of the inventory to the protected person (if over fourteen (14) years of age) and to certain other persons as set out in Indiana Code §29-3-9-5.
Not confirmed. Read the court's wording below.
Page 108 | As Guardian you are required to
The respondent must receive a blank Financial Declaration Form with the summons or order to appear and file the completed form within 30 days of receipt or at least seven days before the hearing, whichever is sooner.
A blank form shall be served upon the responding party with the summons or order to appear instructing the respondent to complete, serve and file the form within 30 days of receipt or at least seven days prior to any hearing, whichever is sooner.
Not confirmed. Read the court's wording below.
Page 129 | Financial Declaration Form
Every attorney filing an appearance must also join the Master Docket service list.
Every attorney who files an appearance in a case must also add themselves to the Master Docket (95-000) service list.
Not confirmed. Read the court's wording below.
Page 136 | LR49-TR4 Rule 602 - FILE & SERVEXPRESS INITIAL NOTICE SHEET, ELECTRONIC DEPOSITORIES
The prescribed File & ServeXpress initial notice must accompany every summons and complaint in a mass tort docket case.
The following Notice shall be served with each Summons and Complaint in all cases assigned to the Marion County Mass Tort Litigation Docket:
Not confirmed. Read the court's wording below.
Page 136 | LR49-TR4 Rule 602 - FILE & SERVEXPRESS INITIAL NOTICE SHEET
Court notifications concerning non-case-specific mass tort matters must be served only through the Master Docket.
The Master Docket is the only method of service for Court notifications relating to non-case specific mass tort matters.
Not confirmed. Read the court's wording below.
Page 140 | LR49-TR5 Rule 605 - MASTER DOCKET
A party with a good-faith belief that a de bene esse videotaped deposition is necessary must provide the listed information to defendants at least 20 days before the deposition date.
If a party has a good faith belief that the health and medical condition of their client or a witness requires that a videotaped deposition de bene esse be taken of such witness, they shall provide to defendants not less than 20 days prior to the date set for such deposition, the following information:
Not confirmed. Read the court's wording below.
Page 152 | LR49-TR30 Rule 709 - DEPOSITIONS DE BENE ESSE
Defendants must serve existing case-related expert reports and reliance materials by the Expert Witness List deadline.
Defendants shall also by this date serve copies of any existing expert reports prepared in connection with these cases, if any, and reliance materials.
Not confirmed. Read the court's wording below.
Page 157 | E.
The trial brief must be delivered to Court personnel rather than served on other parties through File & ServeXpress.
The trial brief shall be delivered to Court personnel and shall not be served on other parties using File & ServeXpress.
Not confirmed. Read the court's wording below.
Page 158 | 6. Trial preparation, B.5
Plaintiffs must serve an updated statement of special damages and a list of settled defendants by the stated pretrial deadline.
Plaintiffs are to serve an updated statement of special damages and list of settled defendants.
Not confirmed. Read the court's wording below.
Page 158 | 6. Trial preparation, A.
Proof of service on opposing counsel may be made by either a counsel-signed certificate of service or an acknowledgment of service signed by the served party or counsel.
In all cases where any pleading or other document is required to be served upon opposing counsel, proof of such service may be made either by:
Not confirmed. Read the court's wording below.
Page 28 | LR49-TR11-206. SIGNING AND VERIFICATION OF PLEADINGS, MOTIONS AND OTHER PAPERS-SERVICE ON OPPOSING PARTY
Unless a non-custodial parent provides the court with a written waiver and consent, the parent has the right to attend the evidentiary hearing and must receive notice of it.
unless a written waiver and consent is provided to the Court, a non-custodial parent of the minor has the right to attend the hearing and must be provided with notice of the hearing.
Not confirmed. Read the court's wording below.
Page 82 | Rule 418.4
A new deposition must be served to Docket 98-000 before it is cited by the newly assigned TID.
If the deposition to which a party intends to cite does not appear in the 98 -000 depository, parties shall serve the new deposition to the depository first then cite appropriately to the TID newly assigned to the deposition.
Not confirmed. Read the court's wording below.
Page 136 | LR49-TR4 Rule 602 - FILE & SERVEXPRESS INITIAL NOTICE SHEET, ELECTRONIC DEPOSITORIES
Filing Fees and Waivers
The clerk shall collect a $25 monthly problem-solving court services fee, capped at $600 total, and transmit collected fees within thirty (30) days for deposit in the county user fee fund.
solving court services fee of $25 for each month of problem-solving court participation in accordance with I.C. 33-23-16-23. The monthly fee shall not exceed $600 in total assessment. The clerk of the court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the county user fee fund established under I.C. 33-37-8.
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Page 19 | Criminal Rules
A claimant whose estate claim is not acted upon within three months and 15 days after first published notice must pay the fee for filing a new cause of action, after which the claim receives a new cause number and is tried under the Indiana Rules of Trial Procedure; failure to pay can result in dismissal.
414.2 If a claim is disallowed or neither allowed or disallowed by the personal representative within three (3) months and fifteen (15) days after the date of first published notice to creditors, the claimant shall pay to the Clerk of the Court the fee for filing a new cause of action and the claim will be assigned a new cause number in the Court and tried pursuant to the Indiana Rules of Trial Procedure. Failure of the claimant to pay the filing fee subjects the claim to dismissal pursuant to T.R. 41.
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Page 79 | 414.2 Claims Against Estates
The fee for preparing a certified Compact Disc recording may include the disc cost, applicable mailing costs, and a $5.00 certification fee.
The maximum fee for preparing a Compact Disc recording of a proceeding is the cost of the compact disc, mailing costs if applicable, and a five dollar ($5.00) fee if the Compact Disc can be certified.
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Page 165 | C. Per Page Fees
Transcript supplies used to prepare transcript and exhibit binders must be itemized and charged according to the applicable judge's fee schedule.
The transcript supplies used in the preparation and assembly of the transcript and exhibit binders shall be itemized and charged in accordance with the fee schedule set out in the Schedule of Transcript Supplies and Fees on file with each Small Claims Court Judge.
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Page 165 | C. Per Page Fees
The Court may presume inability to pay filing fees and costs for applicants represented by counsel from organizations using generally accepted poverty standards.
The Court may presume that an applicant is unable to pay the filing fee and costs if the applicant is represented by an attorney of an organization that uses generally accepted standards of poverty to determine eligibility for its services.
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Page 166 | RULE LR49-SC00-202 — WAIVER OF FILING FEES AND COSTS (E)
A redocket fee applies when a case with an initial judgment seeking enforcement or modification of that judgment is redocketed.
A redocket fee pursuant to Indiana Code 33-34-8-1(a)(5), shall be applied to a case that has an initial entry of judgment that seeks enforcement or modification of the judgment.
Not confirmed. Read the court's wording below.
Page 177 | LR49-SC11-708 REDOCKET FEES
The Court may charge a fee for providing a required form, but the fee cannot exceed the Court's cost and is subject to the stated waiver procedure.
The Court may charge a fee, not to exceed the cost to the Court, for providing a form subject to a waiver of such costs pursuant to LR49-SC00-202.
Not confirmed. Read the court's wording below.
Page 165 | 200. COMMENCEMENT OF CASE — LR49-SC-201(E)
The Court may waive filing fees and costs fully or partially after receiving a waiver form and a showing of present inability to pay.
Upon filing a Waiver of Filing Fee and Costs form and a showing of the present inability to pay the filing fee and costs, the Court may waive the filing fee and costs in full or in part.
Not confirmed. Read the court's wording below.
Page 166 | RULE LR49-SC00-202 — WAIVER OF FILING FEES AND COSTS (D)
The Marion County Small Claims Court judge may waive or apply the redocket fee.
It is within the discretion of the Judge of the Marion County Small Claims Court to waive or apply the redocket fee.
Not confirmed. Read the court's wording below.
Page 177 | LR49-SC11-708 REDOCKET FEES
Courtesy Copy Requirements
At the summary-judgment hearing, counsel must provide three copies of an outline of the supporting or opposing brief, with two copies for the Court and one for opposing counsel.
At the time of the hearing, counsel must provide three copies of an outline summarizing the brief submitted to the Court in support of or opposing the motion for summary judgment. Two copies must be provided to the Court and opposing counsel shall receive one.
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Page 144 | Summary Judgment Hearings—Outlines
After that, parties must deliver copies of all filings to the Special Judge’s office in person, by mail, or by facsimile, and include a certificate of forwarding with each filing.
Thereafter, copies of all filings shall be delivered in person, by mail or by facsimile to the office of the Special Judge with certificate of forwarding same made a part of the filing.
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Page 27 | LR49-TR5-205. FILING OF PLEADINGS, MOTIONS AND OTHER PAPERS — C. Counsel to Furnish Pleadings to Special Judge
When an out-of-county special judge is selected, all parties or attorneys must provide that judge with copies of all filings before the judge qualifies.
C. Counsel to Furnish Pleadings to Special Judge. When a Special Judge who is not a Marion County Judge is selected, all parties or attorneys shall furnish such Judge with copies of all filings prior to the qualification of such Special Judge.
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Page 27 | LR49-TR5-205. FILING OF PLEADINGS, MOTIONS AND OTHER PAPERS — C. Counsel to Furnish Pleadings to Special Judge
Each party must present two copies of its trial brief to Court personnel for the Clerk to stamp as received.
Each party shall present two copies of the trial brief to Court personnel which the Clerk shall stamp as “RECEIVED.”
Not confirmed. Read the court's wording below.
Page 158 | 6. Trial preparation, B.5
Sealing & Redaction Procedures
The Court may seal an inventory or its supplement or amendment after written application and a noticed hearing, but the sealed material may not be opened without a further court order, notice, and hearing; later inventories must recapitate prior inventories.
408.3 Inventory Sealed. Upon written application by the personal representative, and only after a hearing conducted under Administrative Rule 9(H) upon notice to all interested persons, the Court may, in its discretion, order an inventory, or any supplement or amendment to it, to be sealed. If so ordered, it may not be opened without an order of the Court, after notice to the personal representative and an opportunity for hearing. In the event a supplement or an amendment to an inventory is filed, all such subsequent inventories must contain a recapitulation of prior inventories.
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Page 71 | LR49-PR00 Rule 408.3 Inventory Sealed
The court may seal a guardianship inventory or its supplement or amendment after written application and a noticed hearing; sealed material cannot be opened without a further order, notice, and hearing, and subsequent inventories must recapitate prior inventories.
410.3 Inventory Sealed. ] Upon written application by the guardian, and only after a hearing conducted under Administrative Rule 9(H) upon notice to all interested persons, the Court may, in its discretion, order an inventory, or any supplement or amendment to it, to be sealed. If so ordered, it may not be opened without an order of the Court, after notice to the guardian and an opportunity for hearing. In the event a supplement or an amendment to an inventory is filed, all such subsequent inventories must contain a recapitulation of prior inventories.
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Page 72 | LR49-PR00 Rule 410.3 Inventory Sealed
The decedent’s social security number must be redacted from copies attached to or filed with the report.
The personal representative must block out the decedent’s social security number on the copies that are attached to or filed with the Report under this MSCPR 411.5.
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Page 77 | 411.15 Transfer Tax Closing Letters
When an inheritance tax exemption affidavit is filed, the decedent’s social security number must be redacted from it.
A copy of an inheritance tax exemption affidavit described in I.C. §6-4.1-4-0.5 may be filed with the Court, provided that the decedent’s social security number is redacted from the affidavit, and the filer of a petition under I.C. §6-4.1-5-7 may cite and rely on that filed affidavit.
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Page 77 | 411.16 Petitions to Determine No Inheritance Tax Due
Supporting documentation must not be attached to the court-filed Financial Declaration Form unless it is redacted as necessary to comply with Indiana Trial Rule 5(G).
Such supporting documentation shall not be attached to the Financial Declaration filed with the court, or , if attached, shall have all information redacted as necessary to comply with Indiana Trial Rule 5 (G).
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Page 129 | D. Supporting Documents
In extraordinary circumstances involving electronic-device and social-media records, a party seeking to seal or exclude material must file a written request, provide notice, obtain a hearing, and maintain confidentiality pending the court’s ruling.
In extraordinary circumstances, either party may seek to seal or exclude otherwise disclosable materials from public access. A party must file a written request with the court after which notice will be provided and a hearing will be held in accordance with processes found in A.C.R. Rules 6(C)-(D) or Indiana Code section 5-14-3-5.5. The material shall be treated as confidential from the time of the filing or tendering until the court rules on the request.
Not confirmed. Read the court's wording below. · Court notice
Page 21 | Marion County LR-CR2.1-107(2) (a) (8) & (9)
In extraordinary circumstances involving law-enforcement recordings, a party seeking to seal or exclude material must file a written request, provide notice, obtain a hearing, and maintain confidentiality pending the court’s ruling.
In extraordinary circumstances, either party may seek to seal or exclude otherwise disclosable materials from public access. A party must file a written request with the court after which notice will be provided and a hearing will be held in accordance with the processes found in A.C.R. Rules 6(C)-(D) or Indiana Code section 5-14-3-5.5. The material shall be treated as confidential from the time of the filing or tendering until the court rules on the request.
Not confirmed. Read the court's wording below. · Court notice
Page 21 | Marion County LR-CR2.1-107(2) (a) (8) & (9)
Pre-Motion Conference Requirements
In covered foreclosure actions, default-judgment and summary-judgment motions may not be filed until the settlement-conference request period expires or, if a conference is timely requested, the creditor files the notice required by section 10(e) or 10(f), except when the conference is not scheduled or is vacated under section 9(b).
Upon the filing of a foreclosure action covered by the Act, the plaintiff may not file a Motion of Default Judgment or for Summary Judgment against the debtor until the expiration of the time for requesting a settlement conference; or in the event of a timely request for a settlement conference; until the creditor files a notice with the Court as required by either section 10 (e) or 10 (f) of the Act, provided that the creditor may file such motions if the settlement conference is not scheduled or is vacated by the court pursuant to section 9 (b) of the Act.
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Page 37
Adjournment & Extension Requirements
At least five days before a felony or misdemeanor setting, unless the presiding judge changes the deadline, a party must file a verified continuance motion stating the detailed reasons, hearing type, defendant custody status, opposing counsel's position, and three party-agreed suggested dates, with an accompanying written order; the request is deemed denied until granted.
In order for a party to continue a setting in a felony or misdemeanor case, trial or otherwise, the party shall file a verified written motion stating in detail the reasons why the setting needs to be continued. The motion shall also include the type of hearing, the custody status of the defendant, opposing counsel's position, and three (3) suggested dates that have been agreed upon by the parties for the Court to consider. Such motion shall be filed at least five (5) days before the setting that the party desires the Court to continue unless the time has been modified by the judge presiding over the cause. A written order shall accompany the motion. Until such motion is granted by the court, it shall be deemed denied.
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Page 13 | LR49-CR20-109. CONTINUANCES, INITIAL HEARINGS and STATUS OF COUNSEL (a) Felonies/misdemeanors
For in-custody defendants, a continuance ordinarily may not exceed 14 calendar days for Class D/Level 6 felony and misdemeanor cases or 30 calendar days for major felony cases unless good cause is shown.
No Criminal Court shall grant a continuance in excess of fourteen (14) calendar days for in-custody Class D/Level 6 ===== PAGE 14 ===== felony and Misdemeanor cases, or in excess of thirty (30) calendar days for in-custody Major Felony Cases, without good cause shown.
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Page 14 | LR49-CR20-109. CONTINUANCES, INITIAL HEARINGS and STATUS OF COUNSEL (d) Continuances for In-Custody Defendants
A continuance request for an infraction or ordinance-violation setting must be made by verified written motion at least 10 days before the setting and state the reasons in detail.
If a party desires to continue a setting in a case involving only infractions and/or ordinance violations, the party shall file a verified written motion stating in detail the reasons why the setting needs to be continued. Such motion shall be filed at least ten (10) days prior to the setting that the party desires the Court to continue.
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Page 26 | LR49-TR5-203. REQUIREMENTS FOR MOTIONS
An initial Rule TR 6(B)(1) extension is automatically granted for 30 additional days if filed by the original due date and states both the response due date and extended due date.
Initial written motion for enlargement of time pursuant to Rule TR 6(B)(1) to respond to a claim shall be automatically allowed for an additional 30 days from the original due date without a written order of the Court. Any motion filed pursuant to this rule shall state the date when such a response is due and the date to which time is enlarged. The motion must be filed on or before the original due date or this rule shall be inapplicable.
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Page 26 | LR49-TR5-203. REQUIREMENTS FOR MOTIONS
Unless made during the hearing, a continuance motion must be written, state opposing counsel's objection and prior continuance requests, and may be required to be signed by the requesting party.
A. Motion. A Motion for Continuance, unless made during the hearing of the cause, shall be in writing, state whether opposing counsel objects to the motion and whether prior continuances have been requested by the moving party. The Court may require any written Motion for Continuance to be signed by the party requesting the continuance.
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Page 33 | LR49-TR53-215. MOTIONS FOR CONTINUANCE
A continuance motion must be filed as soon as the cause for delay is discovered and no later than seven days before trial, unless an affidavit shows that the reason arose within the preceding seven days.
B. Time for Filing. Motions for Continuance must be filed as soon after the cause for continuance or delay is discovered by the party seeking same, and no later than seven days before the date assigned for trial, unless the reason therefor is shown by affidavit to have occurred within the seven day period.
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Page 33 | LR49-TR53-215. MOTIONS FOR CONTINUANCE
A Petition for Extension of Time must state why the estate cannot be closed, give the estimated closing date, and propose any permissible partial distribution.
which shall include the following: (a) a statement of facts showing why the estate cannot be closed; (b) estimated date of closing; (c) a proposal for partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.
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Page 81 | Rule 415.3
Plaintiffs must file a motion for enlargement of time without first obtaining opposing counsel's consent.
Plaintiffs shall not seek consent of opposing counsel before filing a motion for enlargement of time, but shall file a motion for enlargement of time.
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Page 139 | LR49-TR5 Rule 604 - MOTION PRACTICE — A. Motions for Enlargement of Time — 1. Plaintiffs
Before filing an enlargement motion, a defendant must determine whether opposing counsel objects and identify in the motion both the contacted counsel and whether an objection exists.
Defendants shall determine whether opposing counsel objects to a motion for enlargement of time before filing. The motion shall specify which opposing counsel was contacted and whether opposing counsel objected to the motion.
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Page 139 | LR49-TR5 Rule 604 - MOTION PRACTICE — A. Motions for Enlargement of Time — 2. Defendants
An enlargement motion or agreed-enlargement notice must state the trial setting, the filing and periods involved, and the requested due date; a noncompliant motion may be summarily denied.
The contents of a motion for enlargement of time or notice of agreed enlargement of time shall include: 1. Whether the case is currently set for trial, and, if so, when. 2. The filing to be submitted, the time period that is sought to be extended, and the time period that triggered it. 3. The specific due date requested. Any motion not satisfying these requirements may be summarily denied.
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Page 139 | LR49-TR5 Rule 604 - MOTION PRACTICE — A. Motions for Enlargement of Time — 2. Defendants — b. Contents of all motions for enlargement
Continuance motions are discouraged, and neither party is entitled to an automatic continuance as a matter of right.
Motions for Continuance are discouraged. Neither side is entitled to an automatic continuance as a matter of right.
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Page 33 | LR49-TR53-215. MOTIONS FOR CONTINUANCE
Filing a dispositive motion does not constitute good cause for a trial continuance when the applicable motion deadline will not permit resolution before trial.
D. Dispositive Motions. The filing of a dispositive motion shall not constitute good cause for a Motion for Continuance of a trial if the time requirements governing such motion will not allow for the resolution of the motion prior to the date of trial.
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Page 33 | LR49-TR53-215. MOTIONS FOR CONTINUANCE
A continuance is supported when a court-ordered custody or parenting-time evaluation or report was not submitted to the court at least seven days before the hearing.
D. Continuance. It shall be grounds for a continuance that a court ordered custody/parenting time evaluation or report has not been submitted to the court within seven days prior to the hearing date.
Checked against the court's document on Oct 4, 2026
Page 132 | D. Continuance
Parties must be ready for trial at the initial hearing absent a continuance motion; initial-hearing continuances are liberally granted except for possession-of-real-estate hearings, all-party joined motions are automatically granted, and later-hearing continuances require good cause.
Absent a Motion for Continuance, parties shall be ready for a trial on the merits at the initial hearing. Motions for Continuance of the initial hearing shall be granted liberally, except for hearings for possession of real estate. Motions for Continuance of the initial hearing joined by all parties shall be automatically granted. Motions for Continuance of hearings set after the initial hearing shall be granted only for good cause shown.
Checked against the court's document on Oct 4, 2026
Page 167 | 300. MOTIONS — RULE LR49-SC09-301 CONTINUANCES
A motion to waive an initial hearing when no later event is scheduled, or to add a new case event, must state the requested event type, provide suggested dates under the Trial Court's scheduling guidelines, and be filed with an accompanying written order at least five days before the current hearing date unless the presiding judge changes that deadline.
If a party files a motion for Waiver of Initial Hearing and the only future court event is scheduled is an initial hearing, or if a party files a motion to add a new case event, then the party shall include in the motion the type of future case event requested and shall provide suggested dates, per the Trial Court’s scheduling guidelines. Such motion shall be filed at least five (5) days before the date on which the hearing is currently set, unless the time has been modified by the Judge presiding over the cause. A written order shall accompany the motion.
Not confirmed. Read the court's wording below.
Page 13 | LR49-CR20-109. CONTINUANCES, INITIAL HEARINGS and STATUS OF COUNSEL (b) Misdemeanors
Subsequent extension motions must be designated as such and will be granted only upon a showing of good cause.
All subsequent Motions shall be so designated and will be granted only for good cause shown.
Not confirmed. Read the court's wording below.
Page 26 | LR49-TR5-203. REQUIREMENTS FOR MOTIONS
A wrongful-death estate extension petition must explain why the estate remains open, state its estimated closing date, and identify the cause number and court for any pending action.
which shall include the following: (a) a statement of facts showing why the estate cannot be closed; (b) estimated date of closing; (c) if an action is pending, the cause number and the court.
Not confirmed. Read the court's wording below.
Page 81 | Rule 416.2
If an unsupervised estate cannot be closed within one year, the personal representative must file an extension petition stating the reason, estimated closing date, and any permissible partial distribution proposal.
In the event the estate cannot be closed within that time period, the personal representative shall file a Petition for Extension of Time which shall include the following: (a) a statement of facts showing why the estate cannot be closed; (b) estimated date of closing; (c) a proposal for partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.
Not confirmed. Read the court's wording below.
Page 81 | Rule 415.4
If a wrongful-death estate remains open for one year, the personal representative must file a Petition for Extension of Time.
When an estate remains open one (1) year, the personal representative shall file a Petition for Extension of Time
Not confirmed. Read the court's wording below.
Page 81 | Rule 416.2
All deposition discovery must be completed 30 days before trial unless all parties agree otherwise or the Court orders an extension for good cause.
The parties shall cooperate in the scheduling of depositions and shall complete all deposition discovery by that date, unless otherwise agreed by all parties or by order of Court with good cause shown.
Not confirmed. Read the court's wording below.
Page 157 | I.
A motion to continue trial must be written, verified, and filed pursuant to T.R. 53.5, and it will be granted only upon a showing of exceptional circumstances.
E. A motion to continue trial may be made only by a written and verified motion pursuant to T.R. 53.5, and will be granted only upon a showing of exceptional circumstances.
Not confirmed. Read the court's wording below.
Page 161
A Notice of Agreed Enlargement of Time is not required for an agreed extension of a master- or case-specific discovery-response deadline.
Such notices are not required for agreed extensions of deadlines related to master or case-specific discovery responses.
We could not find this wording in the court's document. Open the source before relying on it.
Page 139 | LR49-TR5 Rule 604 - MOTION PRACTICE — A. Motions for Enlargement of Time — 2. Defendants — b. Contents of all motions for enlargement
Chambers Communication Rules
The personal representative must notify both the Court and the attorney of any address or telephone-number change.
Notify the Court and your attorney of any change in your address or telephone number.
Not confirmed. Read the court's wording below.
Page 115 | Personal Representative Instructions
Filing questions and failures to receive court notices may be directed to the Marion County Clerk’s Office by phone or email.
Contact the Marion County Clerk’s Office at 317.327.4740 or marioncounty-efiling@indy.gov with filing questions or for failure to receive Court notices.
We could not find this wording in the court's document. Open the source before relying on it.
Page 137 | COURT CONTACT