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Ind. County Local Rule: fountain-local-rules

fountain-local-rules

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FOUNTAIN CIRCUIT COURT

LOCAL RULES

IN THE MATTER OF THE RULES OF PRACTICE OF THE

FOUNTAIN CIRCUIT COURT, 61ST JUDICIAL CIRCUIT OF

INDIANA

Per T. R. 81 of the Indiana Rules of Civil Procedure, it is further ORDERED

that the following local rules relating to practice and procedure of the Fountain

Circuit Court be adopted, effective the 1st day of January 2003, and as

amended thereafter.

Susan Orr Henderson, Judge, Fountain Circuit Court

OFFICERS OF THE COURT

Susan Orr Henderson, Judge

Mariann Martin, Clerk

Mary Elaine Denhart, Court Reporter

Dianne Cotten, Court Bailiff

Robin Hegg, Chief Probation Officer

Randy Hankins, Probation Officer

Tracey Woodard, Administrative Assistant to Probation Officer

Stephanie S. Campbell, Commissioner, Small Claims-Traffic Division

Susie Keller, Court Reporter, Small Claims-Traffic Division

TABLE OF CONTENTS

LOCAL RULES OF CIVIL PROCEDURE

RULE 1: APPEARANCES AND WITHDRAWAL OF

APPEARANCES

LR 23-TR 03.1-FLR 1 (a)-(h)

RULE 2: FEES AND MISCELLANEOUS CHARGES

LR 23-TR 03-FLR 2(a)-(c)

RULE 3: SERVICE OF PROCESS

LR 23-TR 04-FLR 3(a)-(c)

RULE 4: FORM AND STYLE OF PAPERS, NUMBER OF COPIES,

FILING AND SERVICE

LR23-AR00-FLR 4(a)-(i)

RULE 5: MOTION PRACTICE, HEARINGS, ATTORNEY

CONFERENCES, DISCOVERY FILINGS, RESOLUTIONS

OF PENDING MOTIONS, ETC.

LR 23-TR 07-FLR 5(a)-(h)

RULE 6: CONTINUANCES IN CIVIL CASES

LR 23-TR 53.5-FLR 6(a)-(b)

RULE 7: PRE-TRIAL OR STATUS CONFERENCES; PRE-TRIAL

PROCEDURES

LR 23-TR16-FLR 7(a)-(j)

RULE 8: JURY SELECTION

LR 23-TR 47-FLR 8(a)-(k)

RULE 9: TRIALS

LR 23-TR38-FLR 9(a)-(g)

RULE 10: DEPOSITIONS, CUSTODY AND DISPOSITION OF

EXHIBITS

LR 23-TR 26-FLR 10(a)-(e)

RULE 11: LIBRARY

LR 23-AR00-FLR 11

RULE 12: DISSOLUTIONS OF MARRIAGE, PATERNITY ACTIONS,

URESA ACTIONS

LR 23-FL00-FLR 12(a)-(i)

RULE 13: DUTIES OF ATTORNEYS, COURT ROOM ETIQUETTE

LR 23-AR00-FLR13 (a)-(h)

RULE 14: DEFAULT JUDGMENTS

LR 23-TR54-FLR 14(a)-(d)

RULE 15: PROCEEDINGS SUPPLEMENTAL, ATTACHMENTS,

ORDERS IN GARNISHMENT

LR 23-TR 69-FLR15 (a)-(c)

RULE 16: BANKRUPTCY, NOTICE OF STAY

LR 23-TR 62-FLR 16

RULE 17: SPECIAL RULES OF CIVIL PROCEDURE, PER T.R 79 (H)

ASSIGNMENT TO SPECIAL JUDGES

LR23-TR79-FLCR-17

RULE 18: COURT REPORTER

LR 23-TR 15-FLR 18(a)-(b)

SPECIAL RULES OF CRIMINAL PROCEDURE

RULE 1: APPEARANCES

LR 23-TR 3.1-FLCR 1(a)-(b)

RULE 2: BAIL AND BAILABLE OFFENSES

LR 23-CR00-FLCR 2

RULE 3: RELEASE OF INFORMATION

LR 23-CR 1.1-FLCR 3

RULE 4: INITIAL HEARINGS, OMNIBUS HEARINGS

LR 23-CR00-FLCR 4(a)-(c)

RULE 5: TRIALS

LR 23-CR00-FLCR 5

RULE 6: CONTINUANCES

LR23-CR00-FLCR 6

RULE 7: DISCOVERY

LR 23-CR 00-FLCR 7(a)-(b)

RULE 8: SPECIAL RULES OF CRIMINAL PROCEDURE

REASSIGNMENT TO SPECIAL JUDGE

LR 23-CR 2.2-FLCR-08

RULE 9: COURT ALCOHOL AND DRUG PROGRAM FEES

LR 23-CR 00-FCR9

RULE 10: BI-COUNTY ACCOUNTABILITY COURT

LR 23- FR-BAC-10

RULES OF PROBATE PROCEDURE

RULE 1: NOTICE

LR 23-PR00-FLPR 1(a)-(c)

RULE 2: FILING OF PLEADINGS

LR 23-PR00-FLPR 2(a)-(g)

RULE 3: BOND

LR 23-PR00-FLPR 3(a)-(e)

RULE 4: INVENTORY

LR 23-PR00-FLPR 4

RULE 5: REAL ESTATE

LR 23-PR00-FLPR 5(a)-(d)

RULE 6: SALE OF ASSETS

LR 23-PR00-FLPR 6(a)-(c)

RULE 7: ACCOUNTINGS

LR 23-PR00-FLPR 7 (a)-(l)

RULE 8: FEES OF ATTORNEYS AND FIDUCIARIES

LR 23-PR00-FLPR 8(a)-(g)

RULE 9: UNSUPERVISED ADMINISTRATION

LR 23-PR00-FLPR 9 (a)-(g)

RULE 10: TIMELINESS

LR 23-PR00-FLPR 10(a)-(b)

RULE 11: GUARDIANSHIPS

LR 23-PR00-FLPR 11 (a)-(h)

DISTRICT 11 RULES

RULE 1 JURISDICTION OF SENIOR JUDGES

DR11-AR5 (B)-SJ-01

LOCAL RULES OF CIVIL PROCEDURE

RULE 1: APPEARANCES AND WITHDRAWAL OF

APPEARANCES

LR 23-TR 03.1-FLR 1 (a)-(h)

(a) All pleadings shall show the name and address, telephone number, FAX

number, and attorney number of the individual attorney or attorney filing the

same. All attorneys for a defendant or a third party shall file a formal written

appearance. Any pleading not signed by at least one attorney appearing of record

as required by T.R .11 shall not be accepted for filing by the Clerk, or if

inadvertently accepted for filing, shall, upon discovery of such omission, be

stricken from the record.

(b) A rubber stamp or facsimile signature on the original of any pleading shall not

be acceptable except with leave of Court.

the address appearing in the formal appearance, and shall constitute notice to the

parties. Non-local attorneys shall see that the cause is properly looked after, or

shall employ local counsel for such purpose, and shall not depend upon the Clerk

to look after such cause or perform duties of acting counsel therein.

(d) Counsel seeking to withdraw their appearance in any action shall file a motion

requesting leave to do so. Such motion shall fix a date for such withdrawal, and

thereafter satisfactory evidence of a least 10 days written notice to the client in

advance of such date of withdrawal shall be filed with the Court.

(e) A withdrawal of appearance accompanied by the simultaneous appearance of

new counsel shall constitute a waiver of paragraph (d) above.

(f) If withdrawing counsel is not able to locate his client, he must show

satisfactory proof to the Court of a bona fide effort to so locate the client.

(g) In criminal cases, a withdrawal of appearance may not be granted without a

hearing conducted in open court in presence of the defendant, unless the reason of

such withdrawal is the inability to locate and communicate with the defendant,

and in such event, a warrant shall forthwith be issued for the defendant.

(h) This rule shall apply to all proceedings in the Court, including probate and

guardianship proceedings.

RULE 2: FEES AND MISCELLANEOUS CHARGES

LR 23-TR 03-FLR 2(a)-(c)

(a) In the event service of process or pleadings is done by publication, or by

certified or registered mail, causing additional court costs, the same shall be

prepaid to the Clerk.

(b) Counsel filing pleadings by mail, or otherwise, and who request the return of

file-marked copies, shall furnish the Clerk with self-addressed envelopes with

sufficient postage attached for such return.

including charges for copying, for FAX, postage, etc. shall be paid in advance by

the party incurring such charges.

RULE 3: SERVICE OF PROCESS

LR 23-TR 04-FLR 3(a)-(c)

(a) A praecipe shall be prepared in all cases as provided by T.R. 4.

(b) If service is to be had by certified mail, the party requesting such service shall

provide the Clerk with a duly addressed envelope and prepare a return receipt

with the cause number and name of cause shown thereon.

seeking such service shall provide the Sheriff with the name of the person to be

served, the address of such person, including specific driving instructions, place

of employment and work shift if service is to be had at place of employment, and

name and telephone number of the attorney seeking service.

RULE 4: FORM AND STYLE OF PAPERS, NUMBER OF COPIES,

FILING AND SERVICE

LR23-AR00-FLR 4(a)-(i)

(a) Persons seeking service of any paper or pleading shall furnish the Clerk with

sufficient copies as may be necessary for such service.

(b) The files of the Clerk shall be kept under the system commonly known as “flat

filing”, and all papers presented to the Court for filing shall be 8” X 11”, flat and

unfolded. Original oversized documents may be filed as part of a pleading, but

shall be reduced to 8” X 11” where possible. Original documents shall be

submitted on rag bond paper. Typewritten pages shall have no covers or backs

and shall be fastened together at the top, but at no other place. All pleadings shall

be typewritten on unlined paper, one and one-half spaced with double spacing

between paragraphs.

by the Court. In those matters involving routine or simple orders or entries, the

same shall be prepared in advance and submitted to the Court. In the event the

order or entry is complicated and cannot be prepared in advance, it shall be

prepared immediately after the rendering of the order.

(d) The attorney responsible for securing the order or entry shall furnish the Court

with a service list, and furnish sufficient copies for service on each affected party,

together with envelopes addressed with sufficient postage for such service.

(e) All orders or entries submitted to the Court shall be in sufficient number that

the original may be retained by the Clerk, and a copy mailed to each affected

party.

(f) All papers may be filed by FAX transmission, and the Court may issue orders

by FAX transmission. Such FAX transmissions shall be considered as mailed for

purposes of computing time under the Indiana trial rules.

(g) In any cause in which a Special Judge is presiding, counsel shall furnish such

Judge with copies of all matters filed in the cause at the time of filing, and shall

include such in the certificate of service filed with such paper. Counsel shall also

forward to such Special Judge copies of all papers filed in the cause prior to the

qualification of the Special Judge upon the qualification of such Judge.

(h) No person shall withdraw an original paper or the Court file from the custody

of the Clerk except by order of Court and upon leaving a proper receipt therefore.

(i)The Clerk may make such other rules necessary for the retention of all papers

properly in the Clerk's custody.

RULE 5: MOTION PRACTICE, HEARINGS, ATTORNEY

CONFERENCES, DISCOVERY FILINGS, RESOLUTIONS

OF PENDING MOTIONS, ETC.

LR 23-TR 07-FLR 5(a)-(h)

(a) Motions to Dismiss per T.R. 12, for judgment on the pleadings, for more

definite statement, to strike, or motions per T.R. 37 shall be accompanied by a

separate supporting brief. Unless the Court otherwise directs, an adverse party

shall have 15 days after service of the initial brief in which to serve and file an

answer brief, and the moving party shall have 7 days after service of the answer

brief in which to serve and file a reply thereto. Each motion shall be filed

separately; alternative motions filed together shall each be named in the caption

on the face. Failure to file an answer or reply brief within the time prescribed shall

subject the motion to summary ruling. A party may request an oral argument upon

the motion, but the granting of the same is discretionary with the Court, except

with respect to motions for summary judgment.

(b) Per T.R. 5, no matters involving discovery shall be filed with the Clerk,

although notices of discovery are permissible, and in the event such matters, other

than notices, are forwarded to the Clerk for filing, the Clerk shall refuse the same

and may return them to counsel, or dispose of the same, but in no event are such

matters to be file-marked and placed in the case file, without the authority of the

Court.

upon written motion and order of Court.

(d) Parties shall immediately notify the Court of any reasonably anticipated

settlement of a case or the resolution of any pending motion or matter.

(e) To curtail delay in the administration of justice, the Court shall refuse to rule

on any and all motions involving discovery matters per TR 26-37 unless moving

counsel shall first advise the Court in writing that after personal consultation and

a bona fide attempt to resolve differences, counsel are unable to reach an accord.

(f) No mimeographed or otherwise duplicated forms containing interrogatories

shall be filed or served upon a party unless all interrogatories on such forms are

consecutively numbered and applicable to the case in which they are served.

(g) In the event of a motion to compel as to interrogatories or production or

objections to such discovery are filed, such motion or objections shall set forth in

full the interrogatory or request served, and the legal basis upon which the motion

or objection is made. Failure to so state the legal basis for not responding to

discovery will constitute a waiver of such objections.

(h) The number of interrogatories which may be served per T.R. 33 shall be

limited so as to require the answering party to make no more than 125 responses,

unless, due to complexity of the issues in the case, the Court waives this

requirement.

RULE 6: CONTINUANCES IN CIVIL CASES

LR 23-TR 53.5-FLR 6(a)-(b)

(a) One continuance may be granted in any case of any trial or hearing setting by

agreement of the parties or their counsel upon oral or written motion.

(b) In the absence of an agreement, no continuance will be granted except upon

written verified motion.

RULE 7: PRE-TRIAL OR STATUS CONFERENCES; PRE-TRIAL

PROCEDURES

LR 23-TR16-FLR 7(a)-(j)

(a) The fundamental purpose of pre-trial procedure as provided in TR 16 is to

simplify issues and facilitate the trial of issues to be tried, and is contemplated

that all parties will comply with T.R. 16.

(b) It is anticipated that pre-trial procedure will consist of a status conference after

issues are closed and a reasonable time for preliminary discovery procedures.

Such status conferences may be had by conference telephone call, and all counsel

shall be prepared at the same to set cut-off dates for discovery, the exchange of

preliminary witness and exhibit lists, setting hearing dates for pending motions or

motions to be filed, discussing alternative methods to resolve disputes, and setting

trial date. A final pre-trial conference shall be scheduled for the cause at the status

conference.

participate at the trial of the case, and unless appearing, counsel shall not be

permitted to participate in the trial, except by order of Court.

(d) Unless otherwise ordered, final pre-trial conferences will be used in part as

settlement conferences, and counsel shall have clients available in person or by

telephone for such purpose.

(e)Extensions of cut-off dates set in pre-trial procedure shall not be altered except

by order of Court.

(f) All trial briefs or preliminary trial motions shall be filed at least 5 days prior to

trial;

(g)All exhibits shall be pre-marked by counsel prior to trial, and an index of such

pre-marked exhibits prepared and exchanged, with a copy to the Court, and

counsel shall stipulate as to the admissibility of any such exhibits prior to trial and

advise the Court as to such stipulated exhibits prior to trial.

(h)Unless otherwise ordered by the Court, in all jury cases, all exhibits to be

offered into evidence and to be read by the Jury shall be duplicated by the party

offering the same so that each juror shall have a copy to read at the time the same

is offered and admitted into evidence. Such copies shall be made prior to trial and

counsel shall have the same available for opposing counsel to inspect prior to

trial.

(i) All proposed preliminary instructions to be tendered by the parties shall be

submitted to the Court at least 5 days prior to trial.

(j) Copies of the names and addresses of all jury panels called for trial, together

with information forms for said panel, and copies of the Court's proposed

preliminary instructions shall be available in the Office of the Court Bailiff at

least 5 days prior to trial. Counsel wishing the same to be mailed to them should

furnish to the Bailiff an envelope, with sufficient postage, for such purpose.

RULE 8: JURY SELECTION

LR 23-TR 47-FLR 8(a)-(k)

(a) The purpose of voir dire examination of prospective jurors is to select a fair

and impartial jury, to discover any basis for challenge for cause, and to gain

knowledge for the exercise of peremptory challenges. No voir dire examination

shall include, unless otherwise ordered by the Court: (1) Questions previously

asked by the Court or counsel and answered; (2) Questions based upon anticipated

instructions as to the law of the case; (3) Questions based upon hypothetical facts,

which are in substance, counsel's version of the facts of the case being tried; (4)

Questions relating to insurance carriers or insurance coverage of any type,

including asking a prospective juror if he or she is an officer or director of some

insurance company.

(b) Jury information forms of prospective jurors shall be on file with the Court

Bailiff, and copies of same shall be given to all parties prior to trial, but it shall be

the responsibility of counsel to obtain them from the Bailiff and to review the

same prior to commencing jury selection, and no questions shall be asked of

prospective jurors which are adequately answered in such jury information forms.

panel shall remain in the courtroom during the entire voir dire examination, unless

otherwise ordered by the Court. The voir dire examination shall commence with

the Court conducting the same, asking questions of the entire panel with a view of

establishing a basis for challenge for cause.

(d) Any challenge for cause must be made when such cause becomes known, or

the same will be deemed waived.

(e) Upon the Court completing its examination of the panel as a whole, a panel of

6 or 12, as the case may be, shall then be seated in the jury box, and counsel may

be permitted to supplement the Court's examination on subjects not covered by

the Court or in the Jury information forms. Provided, however, the Court, in its

discretion may conduct the entire voir dire examination. The length of any

supplemental examination by counsel shall be reasonable, unless a specific time

limit is fixed by the Court. All questions of counsel shall be directed so far as

reasonably possible to the panel as a whole rather than to individual jurors.

(f) The party having the burden of proof shall proceed first with such

supplemental examination, and the opposing side shall follow, and except for

good cause shown, each side shall have only one such examination of such seated

panel.

(g) After each side has completed its supplemental examination, peremptory

challenges shall be made in writing on a form supplied by the Court, and then

handed to the Bailiff, and then given to the Court, and the Court will then excuse

the challenged juror. Such challenges shall be made without comment by counsel,

and without consultation between opposing sides. If no such challenge is made,

counsel shall give to the Court a written acceptance of the Jury as seated on a

form provided by the Court. Jurors not challenged as set forth herein shall be

deemed accepted.

(h) If peremptory challenges are made, and challenged jurors excused,

replacement jurors shall then be seated in the jury box, and each side shall have an

opportunity to a supplemental examination of the replacement jurors only, as in

paragraph (d), with peremptory challenges to be then made as in paragraph (f).

Such supplemental examination and challenging shall be limited to the

replacement jurors. Additional replacing of jurors, examination thereof and

challenges shall be made in like fashion until a Jury is selected. Alternate jurors, if

any, shall then be likewise examined and selected.

(i) No juror left unchallenged peremptorily may be thereafter reexamined or

challenged, except for good cause shown; and the passing of any juror or the

failure to peremptorily challenge that juror, shall be deemed a waiver of the right

to so challenge the same, except for good cause shown.

(j) A peremptory challenge of the same juror by both sides shall count against the

number of challenges for each side.

(k) Only one attorney for each party shall conduct the entire voir dire examination

for that party.

RULE 9: TRIALS

LR 23-TR38-FLR 9(a)-(g)

(a) Indiana Pattern Jury Instructions shall be used where applicable.

(b) All requests for special instructions submitted in accordance with TR 51 shall

be submitted to the Court not later than the beginning of trial. Counsel shall have

the right to submit additional instructions during trial on matters which could not

reasonably have been anticipated in advance of trial. Such requests for special

instructions shall contain citations to supporting authorities. Instructions need not

be exchanged by counsel until after the evidence has been submitted, and a formal

tender of proposed special instructions made.

second or third setting shall be required to stand for trial if counsel is given 14

calendar days notice that the case first set has been settled.

(d) All proposed findings of fact and conclusions of law in cases where ordered

shall be prepared and submitted by counsel at a time to be set by the Court.

(e) Opening statements of counsel shall contain a brief summary of the substance

of the evidence intended to be offered with necessary explanations in clear and

concise form, and the opening statements shall not be used to impose or convey

proof by means of unsworn facts or to argue items of evidence or discuss the law

except insofar as it is necessary to give the Jury an understanding of the theory of

the case.

(f) Opening statements and final arguments shall not be recorded unless the

parties make a special request therefore and the Court makes an order requiring

such recordation.

(g) In the examination of any witness, one attorney for each party, and only one,

shall conduct the entire examination of each individual witness, and said attorney

shall make all objections, offers to prove, or other motions incidental to such

examination.

RULE 10: DEPOSITIONS, CUSTODY AND DISPOSITION OF

EXHIBITS

LR 23-TR 26-FLR 10(a)-(e)

(a) Depositions filed with the Clerk or Court are published upon filing, and at any

time thereafter, the deposition may be opened upon order of the Court.

(b) Depositions of experts, listed on a party's witness list, may be taken for the

purpose of using the same as evidence at trial after the date for cutting off

discovery, if the same can be completed and filed within a reasonable time before

commencement of trial.

admitted into evidence shall be placed in the custody of the Court Reporter, unless

otherwise ordered by the Court.

(d) All exhibits placed in custody of Court Reporter shall be taken away by party

offering them in evidence, except as otherwise ordered by the Court, within 90

days after the case is decided, unless an appeal is taken. In all cases in which an

appeal is taken exhibits shall be taken away within 90 days after the appeal is

concluded. At the time of removal, a detailed receipt shall be given to the Court

Reporter and filed.

(e) If the parties or counsel fail to remove exhibits within the time prescribed, the

exhibits may be disposed of by the Court.

RULE 11: LIBRARY

LR 23-AR00-FLR 11

No book shall be removed from the Court library without a receipt being left

therefor with the Bailiff; and the Court computer shall not be used for research

purposes without notifying the Court or the Bailiff of such use.

RULE 12: DISSOLUTIONS OF MARRIAGE, PATERNITY ACTIONS,

URESA ACTIONS

LR 23-FL00-FLR 12(a)-(i)

(a) Except with consent of the Court, no hearing, final or provisional, shall be had

without all parties present in Court.

(b) The Court may appoint guardians ad litem or CASA's for the minor children

involved in a dissolution proceeding, and the costs thereof shall be borne equally

by the parties unless otherwise ordered by the Court;

Standing Order to Attend Dissolution Workshop, and shall cause proof of such

compliance to be filed with the Court prior to any final hearing. This Rule shall

apply to Summary Dissolution of Marriage Decrees.

(d) In all dissolutions involving minor children, each party shall submit to the

Court the appropriate Worksheet provided in the Indiana Support Guidelines. This

Rule shall apply to Summary Dissolution of Marriage Decrees.

(e) In all dissolutions involving minor children, the parties shall comply with the

Indiana Support Guidelines with respect to support of the children, and shall

further comply with the Parenting Time Guidelines adopted by the Indiana

Supreme Court.

(f) In the event marital counseling is ordered by the Court, in addition to the

Dissolution workshop, such counseling shall be at the expense of the parties, and

the parties shall cause copies of reports of such counseling to be filed with the

Court.

(g) Where applicable, all of the Rules above shall apply to Paternity actions and

URESA actions, Petitions for Support, etc.

(h) At the time of all Dissolution Decrees, where applicable, counsel shall submit

proposed Child Support Income Withholding Orders.

(i) The Petition for Dissolution shall include the social security numbers of the

parties, and children (if available).

RULE 13: DUTIES OF ATTORNEYS, COURT ROOM ETIQUETTE

LR 23-AR00-FLR13 (a)-(h)

(a) It is the responsibility of counsel to prepare judgments and orders as may be

required by the Court.

(b) Attorneys have the responsibility to keep themselves informed of the status of

the cases in which they appear. The Court may, in its discretion, furnish copies of

CCS printouts or notices from time to time, but it is counsel’s responsibility to

keep themselves informed as to all rulings, notices of settings, and current status

of matters in which they appear.

(d) Attorneys shall be dressed in appropriate business attire when appearing in

Court.

(e) Attorneys shall advise their clients and witness concerning formalities in Court

and etiquette in Court, and shall further advise them of the proper attire for

appearances in Court. Casual and leisure attire are not proper apparel and do not

conform to courtroom decorum.

(f) No person shall smoke, chew gum or tobacco, eat confections, read

newspapers or other publications, knit, attend crying children, converse or indulge

in any other similar conduct which might be offensive or distracting to any person

or the Court when appearing in the Court.

(g) No person shall curse or use offensive language in the courtroom or in the

offices of the Court, Court Reporter, or Court Bailiff.

(h) All attorneys releasing or satisfying a judgment shall notify the Court or Clerk

in writing of such release or satisfaction.

RULE 14: DEFAULT JUDGMENTS

LR 23-TR54-FLR 14(a)-(d)

(a) Default judgments shall be taken as provided by T.R. 55, provided that no

hearing on any motion for default judgment will be had, where an appearance,

either by an attorney or pro se, has been entered, without at least 10 days notice

being given to the defendant.

(b) Default judgments for failure to plead shall not be entered except after

affidavit or motion of moving party, and upon 10 days notice to the defendant's

counsel.

the original of the instrument must be produced to the Court before a default

judgment will be rendered thereon. No copy of such instrument may be used,

unless an affidavit is filed that the original is lost or destroyed.

(d) No default judgment will be entered except after motion and hearing on such

motion; provided that the Court may permit the moving party to present evidence

by affidavit in support of such motion. Such affidavits, as well as non-military

affidavits, shall certify that the affiant is familiar with the defendant and the

matter sued upon, and shall certify as to the current amounts due in said matter.

Such affidavits shall be signed by representatives familiar with the matter and not

by counsel for the movant, unless otherwise permitted by the Court.

RULE 15: PROCEEDINGS SUPPLEMENTAL, ATTACHMENTS,

ORDERS IN GARNISHMENT

LR 23-TR 69-FLR15 (a)-(c)

(a) Hearings on motions for proceedings supplemental will be set at the time of

the filing of the motion, and counsel shall secure a hearing date from the Court at

the time of such filing;

(b) An Order to answer interrogatories may be either separate or a part of the

Order setting the hearing on the motion for proceedings supplemental, and shall

notify the garnishee defendant that a judgment has been secured against the

judgment defendant, the amount of the judgment, the date the hearing is set on the

pending motion for proceedings supplemental, and advising that the garnishee

defendant may appear at said hearing or file written answers to the interrogatories

at a date prior to said hearing. Interrogatories to a garnishee defendant shall be

prepared by counsel for the judgment plaintiff, with appropriate blanks after each

interrogatory for the response of the garnishee defendant.

interrogatories in a duly served Order of the Court may result in a bench warrant

being issued by the Court for such defendant; provided however, the judgment

plaintiff must first file a Contempt Citation, schedule a hearing thereon, and have

the same served, and such bench warrant will then only issue if such defendant

fails to appear or otherwise comply with the Court Order. In the event a judgment

defendant is arrested, a hearing on the contempt for failure to appear on the

Contempt Citation will be scheduled at the convenience of the Court, after the

Court notifies the judgment plaintiff of such arrest, and the time of the hearing.

RULE 16: BANKRUPTCY, NOTICE OF STAY

LR 23-TR 62-FLR 16

Whenever any party receives an order from a Bankruptcy Court staying

proceedings, it shall be sufficient for the party to file a notice of such Order with

the Court, which notice shall contain the name of the party, the cause number of

the bankruptcy proceeding and the date of the issuance of the stay.

RULE 17: SPECIAL RULES OF CIVIL PROCEDURE, PER T.R 79 (H)

ASSIGNMENT TO SPECIAL JUDGES

LR23-TR79-FLCR-17

Pursuant to TR 79, the Fountain Circuit Court makes the following rules regarding the

reassignment to Special Judges in all matters other than criminal cases:

(a) The following panel shall serve as Special Judge where appointed pursuant to TR

79(H), to be selected alphabetically by last name of Judge, in rotating order as follows:

Hon. David A. Ault, or Judge of Montgomery Superior Court # 1

Hon. Peggy Lohorn, or Judge of Montgomery Superior Court # 2

Hon. John Rader, or Judge of the Warren Circuit Court

Hon. Harry A. Siamas, or Judge of Montgomery Circuit Court

Hon. Sam A. Swaim, or Judge of Parke Circuit Court

Hon. Bruce V. Stengel, or Judge of Vermillion Circuit Court

In the event the Judge selected above is disqualified, ineligible or excused from service, the next

Judge in order shall be appointed.

In the event no Judge is eligible to serve as Special Judge, then such case shall be certified to the

Supreme Court for the appointment of a Special Judge.

(b) In the event the presiding Judge herein shall disqualify or recuse pursuant to Ind.Trial

Rule 79(C) in any proceeding,

other than a criminal case, the cause shall be assigned in accordance with the procedure

outlined in Ind. Trial Rule 79(D), (E), and (H).

The Judges named in this rule have all been consulted and agree to the procedures set forth in

this rule.

(Effective July 1, 2011)

RULE 18: COURT REPORTER

LR 23-TR 15-FLR 18(a)-(b)

The following is an abbreviated version of the local rule per Administrative Rule

15, Indiana Supreme Court. The full text is available in the Clerk’s office:

(a)The official court reporter shall work under the control, direction and direct

supervision of the Court.

(b) The maximum per page fee that the Court Reporter may charge for a county

indigent transcript, a state indigent transcript and private transcript is $3.50 per

page.

SPECIAL RULES OF CRIMINAL PROCEDURE

RULE 1: APPEARANCES

LR 23-TR 3.1-FLCR 1(a)-(b)

(a) A written appearance shall be filed in all criminal cases.

(b) Withdrawals of appearance shall comply with the rules relating to withdrawals

of appearance in civil cases where applicable, and shall be at the discretion of the

Court.

RULE 2: BAIL AND BAILABLE OFFENSES

LR 23-CR00-FLCR 2

Scope: This bond schedule applies to all cases to be filed in the Fountain Circuit

Court. The Sheriff of Fountain County is hereby ordered to follow this bond

schedule for setting bonds for all persons arrested without warrants for criminal

offenses.

FELONIES: Offenses committed July 1, 2014 or later

Murder: NO BOND

Level 1 $75,000.00

Level 2 $50,000.00

Level 3 $25,000.00

Level 4 $15,000.00

Level 5 $10,000.00

Level 6 $6,500.00

MISDEMEANORS: Offenses committed July 1, 2014 or later

Class A $3,000.00

Class A and Class C:

Operating while intoxicated/.08 ACE $6,500.00

Class B $1,000.00

Class C $500.00

IMPAIRED PERSONS: No person shall be released with a alcohol

concentration equivalent of %.08 or higher or appears to be under the influence.

Law enforcement may use the chart set out in I.C.. 35-33-1-6 to determine the

minimum number of hours an impaired person should be detained prior to release

pending trial.

EXCEPTIONS: This bond schedule shall not be used for, nor be applicable to,

the following cases: Child Molesting, Vicarious Sexual Gratification, Sexual

misconduct with a Minor or Rape. Individuals held on these offenses shall be

brought before the Court within 48 hours of detainment for hearing and conditions

of bond to be determined, including no-contact provisions.

NO CONTACT PROVISIONS: Pursuant to I.C. 35-33-8-3.2(a)(4), a person

who is arrested for any of the following offenses: Domestic Battery, Sexual

Battery or any offense where an element of physical force or the threatened use of

a deadly weapon is alleged, Kidnapping, Confinement, Strangulation, Invasion of

Privacy (Violation of a Protective Order), shall be held for 12 hours before release

from custody, unless released sooner pursuant to a court order. The release of

such person on bail shall be conditioned upon the person having no direct or

indirect contact with the alleged victim of the offense. During regular court

business hours the Prosecuting Attorney, alleged victim or advocate may petition

for a non-contact order or ex parte protective order.

If a no-contact order is needed at times other than regular court business hours,

the Prosecuting Attorney or the Sheriff may contact a Judge and request release of

the arrested person on bond or an oral authorization for a no-contact order, which

shall be reduced to a written no-contact order and submitted to the Judge on the

next business day of the Court. Failure to seek written order may result in release

of the no-contact provision. The person to get released shall be notified of the no-contact conditions of the bond with receipt acknowledged by the person.

LACK OF IDENTIFICATION: Any person who cannot be positively identified

at book-in shall be held without bond until the person is brought before the Court

for a hearing to determine bond. This includes, but is not limited to, those

individuals who refuse to cooperate in their identification by refusing to be

fingerprinted, individuals who possess conflicting identification, and individuals

whose identifying information cannot be verified.

FELONIES: Offenses committed prior to July 1, 2014

Murder: No Bond

Class A felony $75,000.00

Class B felony $25,000.00

Class C felony $15,000.00

Class D felony $10,000.00

Class A Misdemeanor: $6,500.00

OVWI;

Poss. Of Marijuana;

Other drug related A Misd.

All other Class A Misd. $3,000.00

Class B Misdemeanor $1,000.00

Class C Misd..10% B.A.C. $6,500.00

All other Class C Misd, $500.00

(a) These bail schedules may be modified at the discretion of the Court. If habitual

offender or habitual substance offender allegations are filed, bail schedule may be

modified. If multiple non-related offenses are filed in same cause number, or

accused is known to be on probation or parole, this schedule may be modified.

(b) No person shall be released on his or her own recognizance without first

securing authority of the Court for such release.

the influence of intoxicating beverages or drugs until such time as that person can

be safely released without danger to himself or others.

(d) An accused may post bond in any one of four ways: (1) Professional surety

bond (2) Real property bond (3) Full cash bond, or (4) By depositing with the

Clerk cash in an amount of 10% of the bond set by the Court, unless the Court

prohibits such procedure.

(e) If an accused posts bond per (d) (4), the same shall be made on a form

supplied by the Court, which form shall be completed in its entirety. The Clerk

may retain 10% of the cash deposited as an administrative fee, to be deposited in

the General Fund of the County. Such fee shall not be less than $10.00 $50.00.

(f). In the event the accused fails to appear, any monies deposited with the Clerk

may be revoked and issuance of a re-arrest warrant.

(g) Monies in the hands of the Clerk as bail per (d)(4) after deducting the

administrative fee, shall be returned to the person posting said bail upon the

meeting of the conditions of the bond, and upon Order of the Court, and the Court

may order that said funds be applied to court costs, fees, fines, restitution, etc. as

may be applicable

RULE 3: RELEASE OF INFORMATION

LR 23-CR 1.1-FLCR 3

All personnel of the Clerk’s Office and the Judge, as well as the Prosecuting

attorney are prohibited from disclosing to any person, without the authority of the

Court, information relating to the pending criminal matter that is not part of the

public records of the Court, including but not limited to arguments or hearings

held in chambers or otherwise outside the presence of the public.

RULE 4: INITIAL HEARINGS, OMNIBUS HEARINGS

LR 23-CR00-FLCR 4(a)-(c)

(a) Initial hearings may be waived by the defendant, with leave of the Court, and

in misdemeanors, counsel may waive the same without defendant being present,

with leave of Court, but defendant shall be present in person in all felony initial

hearings.

(b) Unless otherwise ordered, after initial hearing, an omnibus hearing shall be set

in all criminal cases, which hearing date shall be a deadline for completing

preliminary discovery, and for submitting plea agreements for the approval of the

Court.

omnibus hearings.

RULE 5: TRIALS

LR 23-CR00-FLCR 5

All criminal trials shall be conducted per the rules set forth by this Court for civil

cases, including but not limited to the method of selecting jurors.

RULE 6: CONTINUANCES

LR23-CR00-FLCR 6

No continuance of any initial hearing or omnibus hearing shall be except by

agreement or upon written motion. No continuances of any trial setting shall be

had except upon written motion.

RULE 7: DISCOVERY

LR 23-CR 00-FLCR 7(a)-(b)

(a) Civil rules of discovery shall be used in criminal proceedings so far as the

same are applicable.

(b) Reciprocal order of discovery shall be entered at the time a not guilty plea is

entered.

RULE 8: SPECIAL RULES OF CRIMINAL PROCEDURE

REASSIGNMENT TO SPECIAL JUDGE

LR 23-CR 2.2-FLCR-08

The following individuals have agreed to serve in the event it becomes necessary to

reassign a felony or misdemeanor case in the Fountain Circuit Court:

Hon. David A. Ault, or Judge of Montgomery Superior Court # 1

Hon. Peggy Lohorn, or Judge of Montgomery Superior Court # 2

Hon. John Rader, or Judge of the Warren Circuit Court

Hon. Harry A. Siamas, or Judge of Montgomery Circuit Court

Hon. Sam A. Swaim, or Judge of Parke Circuit Court

Hon. Bruce V. Stengel, or Judge of Vermillion Circuit Court

By order of adoption of these Rules, the Indiana Supreme Court, pursuant to I. C. 33-2.1-7-8,

temporarily transfers the above Judges to the Fountain Circuit Court for the purpose of

reassignment of felony or misdemeanor cases.

In the event it becomes necessary to reassign a felony or misdemeanor case,

the Judges will be reassigned in consecutive order to the above noted Judges.

In the event no judge is available for assignment or reassignment of a felony or misdemeanor

case, such case shall then be certified to the Indiana Supreme Court for the appointment of a

special judge. In the event the judge presiding in a felony or misdemeanor case concludes the

unique circumstance presented in such proceeding requires appointment by the Indiana Supreme

Court of a special judge, this presiding judge may request the Indiana Supreme Court for such

appointment.

(Amended effective July 1, 2011)

RULE 9: COURT ALCOHOL AND DRUG PROGRAM FEES

LR 23-CR 00-FCR9

All individuals ordered to enroll in the Fountain County Court Alcohol and Drug Program may

be charged up to a maximum provided for by Indiana Code 12-23-14-16, as amended.

RULE 10: BI-COUNTY ACCOUNTABILITY COURT

LR 23- FR-BAC-10

The Bi-County Accountability Court (BAC) is a problem solving drug court of the

Fountain and Warren Circuit Courts.

In order to facilitate the judicial work of the Bi-County Accountability Court certain

accommodations regarding jurisdiction and oversight of cases are in order. A person

accepted into the BAC consents to the jurisdiction of the case being transferred to the

concurrent jurisdiction of Fountain Circuit Court and the Warren Circuit Court during

the period of time that case remains in the BAC.

The Judge of the Warren Circuit Court shall be deemed the Supervising Judge and the

Judge of the Fountain Circuit Court shall be deemed the Coordinating Judge. The Judges

from the Fountain and Warren Circuit Courts are assigned to and may preside over BAC

cases and proceedings including but not limited to judicial participation in compliance with

any of the standards and protocols of the BAC as approved by the Indiana Judicial Center

for problem solving courts.

The court with original jurisdiction resumes jurisdiction of the case upon either the

successful completion or the expulsion of the person from the BAC. If expelled from

the BAC the court with original jurisdiction shall be responsible for the imposition of any

sanctions or sentencing as authorized by law.

(Effective March 1, 2012)

RULE 11: BI-COUNTY ACCOUNTABILITY COURT FEES

LR23-FR-BAC-11

The Bi-County Accountability Court (BAC) is a problem solving drug court of the Fountain and

Warren Circuit Courts.

Those persons directed to participate in the Bi-County Accountability Court shall pay a $100

administrative fee as well as a problem-solving court services fee of $50 for each month of

problem-solving court participation in accordance with IC 33-23-16-23, as amended. The Clerk

of the Warren Circuit Court shall collect and transmit these fees within thirty (30) days after the

fees are collected for deposit by the Warren County Auditor in the Bi-County Accountability

Court User Fee Fund established under IC 33-37-8, as amended.

(Effective June 5, 2012)

RULES OF PROBATE PROCEDURE

RULE 1: NOTICE

LR 23-PR00-FLPR 1(a)-(c)

(a) Whenever notice by publication and/or written notice by U. S. Mail is required

to be given, the attorney shall prepare such notice with sufficient envelopes

required for such mailing, with postage and addresses, and shall ensure that such

notice is properly published and/or served. All notices shall comply with statutory

requirements. It shall be the duty of the attorney to ascertain and provide adequate

proof of notice. In the event the Clerk is to serve the notice, sufficient copies of

the notice, together with a praecipe and a form of proof of notice shall be

furnished to the Clerk.

(b) Copies of petitions shall be included with all notices where the hearing

involved arises from matters contained in the petition, and if the Clerk is to send

the notices, sufficient copies of such petition shall be furnished to the Clerk.

ascertainable creditors.

RULE 2: FILING OF PLEADINGS

LR 23-PR00-FLPR 2(a)-(g)

(a) When pleadings are filed by mail, or left with the Court for

filing, and counsel desires a copy forwarded to him, counsel shall

include a self-addressed envelope with sufficient postage attached

for such purposes.

(b) Routine pleadings, such as Inventories, Inheritance Tax schedules, etc., may

be filed with the Clerk for transmittal to the Court; all other pleadings are to be

filed directly with the Court.

expressly directed otherwise by the Court; and in every event, four copies of a

proposed Inheritance Tax Order shall be left with the Court at the time of the

filing of the tax schedules.

(d) Every pleading, including inventories, petitions, and accounts shall be signed

and verified by the fiduciary and signed by the attorney for the fiduciary.

(e) All pleadings shall contain the name of the attorney, together with address,

telephone number and attorney identification number.

(f) The initial petition to open an estate or guardianship shall contain the social

security number, date of birth and address of the fiduciary.

(g) The Clerk shall not prepare any pleadings, orders, petitions, etc. for fiduciaries

seeking to act pro-se or for any attorneys and the Clerk shall not furnish files or

papers from other probate matters for such persons to use as a model.

RULE 3: BOND

LR 23-PR00-FLPR 3(a)-(e)

(a) Fiduciaries may serve without bond and upon oath only at the discretion of the

Court; but in every supervised Estate the fiduciary may, in every guardianship the

guardian shall be required to file a bond of not less than the value of annual rents

and profits, the value of all property of the estate or guardianship in such amount

and upon such conditions as the Court may require, except as hereinafter

provided:

1) Where, under the terms of a Will, the testator expresses an intention

that bond be waived, the Court may set the bond in an amount adequate to protect

creditors, taxing authorities and devisees.

2) Where the fiduciary is an heir or legatee of the Estate, the bond may be

reduced by said fiduciary's share of the Estate.

3) Where the heirs or legatees have filed a written request that the

fiduciary serve without bond, the bond may be set in an amount adequate to

protect creditors and taxing authorities.

4) In an unsupervised estate, bond may be required at the discretion of the

Court.

5) No bond shall be required in any estate or guardianship in which a

corporate fiduciary qualified by law to serve as such is serving as a fiduciary or

co-fiduciary.

(b) No attorney will be accepted as surety on any bond unless as surety for a

family member.

transfer of or part of the estate or guardianship liquid assets by placing those

assets in a federally insured financial institution with the following restriction

placed on the face of the account or document:

NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN

WITHOUT WRITTEN ORDER OF THE FOUNTAIN CIRCUIT

COURT.

(d) All petitions to open an estate shall set forth the probable value of the personal

property plus the estimated rents and profits to be derived from the property in the

estate or guardianship, and In addition, in a guardianship, the petition shall further

state the annual income, pension benefits, etc., of the alleged incapacitated person.

(e) The name and address of the insurance agency providing the corporate surety

shall be typed or printed on all corporate bonds.

RULE 4: INVENTORY

LR 23-PR00-FLPR 4

(a) An inventory shall be filed by the fiduciary in all supervised estates and

guardianships as follows: Estates, within 60 days; Guardianships, within 90 days

for permanent guardians and within 30 days for temporary guardians. All times

relate to the date of the appointment of the fiduciary.

(b) In the event a partial inventory is filed, all subsequent inventories must contain

a recapitulation of prior inventories.

RULE 5: REAL ESTATE

LR 23-PR00-FLPR 5(a)-(d)

(a) In all supervised estates and guardianships in which real estate is to be sold, a

written appraisal prepared by a person competent to appraise real estate shall be

filed with the Court with the filing of the Petition for Sale, unless such appraisal

was filed with the inventory.

(b) All sales of real estate shall be made within six months of the date of the filing

of the Petition for Sale, and if not, a current appraisal shall be filed with the Court.

and the signature notarized prior to submission, and all such deeds shall be

submitted with the Report of Sale of Real Estate, and copies of such deeds shall

be also submitted at said time and filed with the Court.

(d)Whenever a Final Order reflects that real estate has vested in heirs or

beneficiaries, that Order shall be recorded with the County Recorder of the

County where such real estate is situate, and evidence of such recording shall be

provided to the Court with the supplemental report.

RULE 6: SALE OF ASSETS

LR 23-PR00-FLPR 6(a)-(c)

(a) No petition to sell personal property will be granted unless a written appraisal,

prepared by a person competent to appraise personal property, setting forth the

fair market value thereof, is filed with the Court at the time of the filing of the

Petition to Sell, unless such appraisal was filed with the inventory. This rule shall

not apply to sales at public auctions.

(b) All sales shall be made within six months of the date of the filing of the

Petition for Sale, and if not, a current appraisal shall be filed with the Court.

value of which is readily ascertainable, such as stocks, bonds, mutual funds,

commodities, precious metals, etc.

RULE 7: ACCOUNTINGS

LR 23-PR00-FLPR 7 (a)-(l)

(a) Whenever an estate cannot be closed within one year, an intermediate account

shall be filed with the Court within 30 days after the expiration of one year and

each succeeding year thereafter. Such account-shall comply with the provisions of

I.C. 29-1-16-4 and 29-1-16-6, and such account shall:

(1) State facts showing why the estate cannot be closed and the estimated

date of closing; and

(2) Shall propose partial distribution of the estate to the extent that partial

distribution can be made without prejudice to distributees and claimants.

(b) All guardianship accounts shall contain a certification of an officer of any

financial institution in which the guardianship assets are held, verifying the

account balance.

person shall be included and accounted for in the guardianship accountings unless

Court approval has been granted to allow such funds to be paid directly to a

residential or health care facility.

(d) In all supervised estate and guardianship accountings, vouchers or cancelled

checks for the expenditures claimed shall be filed with the accounting. No

affidavits in lieu of vouchers will be accepted from individual fiduciaries. An

affidavit in lieu of vouchers may be accepted by the Court from corporate

fiduciaries provided it retains their vouchers on file or by an electronic recording

device, and it agrees to make the same available to interested parties upon court

order. The Court may require such institution to provide a certification from its

Internal Audit Department verifying the accuracy of the accounting.

(e) In all accountings a notation shall be placed by each claimed expense item

indicating the nature of the expenditure, e.g.

Bogota Drugs--toiletries

Henry Jones, M.D.--physical exam

Sam Smith--roof repair, residence of ward Tendercare Nursing Home--

care of ward

(f) All accountings shall contain an itemized statement of assets on hand.

(g) Receipts or cancelled checks for all distributions shall be filed before a final

accounting will be approved and discharge granted.

(h) All accountings shall follow the proscribed statutory format; informal

handwritten or transactional accounts will not be accepted.

(i) All court costs shall be paid and all claims satisfied and released before hearing

on the final account and a certification of the Clerk proving such payment shall be

presented to the Court with the final account.

(j) The Federal Estate Tax Closing letter and the Indiana Inheritance Tax Closing

letter (or counter-signed receipt) or a photocopy thereof showing payment of such

taxes, shall be attached to the final account at the time of filing the same.

(k) No petition to close an estate as insolvent shall be made until an inventory has

been filed; and no estate shall be closed as insolvent without due notice to all

creditors and all other persons interested in the estate.

(l) In the event objections are filed to final accounts, the fiduciary shall have the

burden of going forward with the evidence relative to said account at the hearing

on said objections.

RULE 8: FEES OF ATTORNEYS AND FIDUCIARIES

LR 23-PR00-FLPR 8(a)-(g)

(a) No fees for fiduciaries or attorneys shall be paid without prior written order of

Court.

(b) All Orders for fees in estates shall provide that such fees are to be paid only

after approval of the final account. If payment of fees prior to approval of the final

account would benefit the estate for tax purposes or some other purpose, personal

representative may petition the Court for the approval of such fees.

inventory. No further petition for fees may be filed until a biannual, annual or

final accounting has been filed.

(d) No attorney fee or fiduciary fee will be determined or authorized in any

unsupervised estate.

(e) All petitions for fees shall conform to the fee guidelines fixed by the Court,

and attached hereto as an appendix, and said petitions shall set forth specifically

all services performed in detail as well as the amount of the fee requested and

how the same was calculated. (See Appendix b)

(f) Where contracts for legal services have been entered into prior or subsequent

to the opening of a supervised estate or guardianship, the Court reserves the right

to approve or disapprove the fee contracts consistent with this Court's fee

guidelines.

(g) Unjustified delays in carrying out duties by the fiduciary and/or attorney may

result in the reduction of fees.

RULE 9: UNSUPERVISED ADMINISTRATION

LR 23-PR00-FLPR 9 (a)-(g)

(a) No petition for unsupervised administration shall be granted unless the consent

requirements of the Indiana Probate Code are met, together with all other

statutory requirements for unsupervised estates.

(b) The petition requesting unsupervised administration shall set forth the

estimated value of all property and the estimated liabilities of the estate.

7(i) and 7(j).

(d) Once an estate is opened as unsupervised, the Court will not enter any orders

relating to the administration of the estate, unless a petition is filed requesting that

said estate will be treated thenceforth as a supervised estate. Once an estate moves

from being unsupervised to supervised, no order shall be entered authorizing a

change back to unsupervised status.

(e) No Order shall be entered after the filing of the Closing Statement approving

the administration of the estate, as the Probate Code provides that such estates

close automatically; provided however, the Court may enter an order

acknowledging that more than three months have elapsed since the filing of the

Closing Statement.

(f) In all unsupervised estates, the Closing Statement shall include a certification

as to Notices, the release of payment of claims, the payment of death taxes and

expenses of administration, a report of distribution and accounting, and a report as

to any deeds executed by the personal representative and shall be on a form

substantially similar to the one attached in the appendix to these rules.

(g) In all unsupervised estates immediately upon the execution of letters of

administration, the personal representative shall provide a notice to all interested

persons of their rights relating to an unsupervised estate as provided by the

Indiana Probate Code, and shall file with the Clerk a proof of service of such

notice, which notice shall be substantially similar to the one attached in the

appendix to these rules.(See Appendix c)

RULE 10: TIMELINESS

LR 23-PR00-FLPR 10(a)-(b)

(a) The clear intent of the Indiana Probate Code is that estates and guardianships

will be administered in an expeditious manner. To this end any and all

requirements of that Code relative to time shall be strictly enforced. Fiduciaries

and attorneys for fiduciaries shall have the responsibility of seeing that estates are

administered upon in conformance with this intent. Failure to comply with this

intent may, upon Order of the Court, subject the fiduciary and/or the attorney to

removal or penalties for Civil Contempt.

(b) The Probate Code expressly requires the fiduciary in estates to examine the

claim docket and to allow or disallow each claim filed against the estate within 5

months and 15 days after the date of the first published notice to creditors, and

makes the fiduciary personally responsible for any costs caused by the failure to

so comply with the Code, and all fiduciaries and attorneys shall comply with this

Code provision. Upon disallowance of a claim, the fiduciary shall notify the Court

so that the same may be transferred to the plenary docket as provided by law, and

the fiduciary shall then have the responsibility of notifying the claimant or the

claimant's counsel. Transferred claims shall carry the same cause number of the

estate so long as the matter remains in the Fountain Circuit Court.

RULE 11: GUARDIANSHIPS

LR 23-PR00-FLPR 11 (a)-(h)

(a) In all guardianship proceedings seeking to declare an adult incapacitated for

any reason, the incapacitated person shall be present at the hearing or sufficient

evidence shall be presented showing that the alleged incapacitated person is

unable to appear, or that said appearance would result in danger to his or her

health.

(b) In all guardianship matters seeking to declare an adult incapacitated for any

reason, a Physician's report by the physician treating the alleged incapacitated

person or such additional evidence as the Court shall require, shall be presented at

the hearing. No determination of incapacity shall be made without a supporting

physician's report or evidence.

guardian ad litem to represent the alleged incapacitated person, unless the Court

finds that such an appointment is not necessary. The costs of such guardian ad

litem maybe taxed as court costs in the guardianship. The duties of such guardian

ad litem shall include at a minimum:

A) Visit the person alleged to be incapacitated prior to hearing;

B) Explain to the person the nature, purpose and legal effect of the

appointment of a guardian;

C) Explain to the person the procedure of the hearing and the person's

rights in such hearing, including the right to contest the petition, the right

to request limits on the powers of the guardian, the right to object to a

particular person being appointed guardian, the right to be present at the

hearing, and the right to be represented by a lawyer at the hearing;

D) Inform the person of the name of the person seeking to be appointed

guardian.

E) Make determinations and inform the Court of those determinations as

to: a) whether the person wishes to be present at the hearing, b) whether

the person wishes to contest the petition, c) whether the person wishes

limits to be placed on the powers of the guardian, and d) whether the

person objects to a particular person being appointed guardian.

(d) Current reports filed by the guardian of the person shall state the present

whereabouts of the incapacitated person and his general welfare at that time. If the

incapacitated person is an adult, a statement of a treating physician shall be filed

with all current accounts, setting forth the date of the last physical examination

and verifying that the incapacity of the person remains unchanged since the date

of the establishment of the guardianship or the date of the last current report, and

the living arrangements of the incapacitated person.

(e) In every petition for the appointment of a guardian of the person of a minor

(other than a routine "school guardianship") the following information shall be

given:

A) Present address of the child;

B) The places where the child has lived within the past two years and the

names and present addresses of the persons with whom the child has lived

during that period;

C) Whether, to petitioner's knowledge, any other litigation of any kind is

pending concerning the custody of the child in Indiana or in any other

jurisdiction;

D) Whether, to petitioner's knowledge, any person not a party to the

guardianship proceeding has physical custody of the child or claims to

have custody or visitation rights with respect to the child;

E) If the child is born out of wedlock, the name of the putative father of

the child, and his address, and the name and address of the natural mother

of the child.

(f) Where warranted, the Court may request an investigation into the

circumstances of the child and pursuant to 11(c) may appoint a guardian ad litem

to represent the interests of the child, or may seek the assistance of the

Department of Public Welfare.

(g) In the event the petition for guardianship is for the sole purpose of being a so-

call “school guardianship” and is routine in its nature, the petition shall be so

entitled, and the Court may waive the filing of any reports or the posting of any

bond, and in such event, the “guardian” shall agree to immediately notify the

Court if and when circumstances occur whereby such “school guardianship” is no

longer necessary.

(h) Nothing herein shall be deemed as amending, superseding or altering the

Probate Rules and Regulations promulgated by the Veterans Administration of the

United States, and every fiduciary and attorney shall comply with the same, if

applicable.

DISTRICT 11 RULE JURISDICTION OF SENIOR JUDGES

DR11-AR 5(B)-SJ-01

The District 11 Plan with respect to the allocation of judicial resources within the District shall be amended as follows for the

counties of Fountain and Warren:

Jurisdiction of Senior Judges

For those Senior Judges specifically named in and subsequently approved from the Court’s Order seeking appointment of

Senior Judges, such Senior Judges shall have jurisdiction in the emergency matters enumerated below without a prior order for such

emergency matter. Such Senior Judge shall within five (5) business days notify the regular Judge of such emergency matter action and

the regular Judge shall cause an order to be issued regarding such emergency matter jurisdiction. Such Senior Judge notification can

be in any form reasonably calculated to inform the Court and shall not affect the jurisdiction to issue such emergency order. The

Court’s order shall be filed in the Record of Judgments and Orders of the court and a copy sent to the Division of State Court

Administration.

Emergency matters shall include:

1. Emergency Detention Orders

2. Civil Protection Orders

3. Workplace Violence Restraining Orders

4. Search Warrants

5. Arrest Warrants

6. Probable Cause Determinations within 48 hours of warrantless arrest (County of Riverside v. McLaughlin)

7. Temporary Restraining Orders

8. Emergency CHINS Orders

9. Emergency Delinquency Orders

Provenance

Source: www.in.gov
Retrieved: 2026-10-02
Edition: supplied-in-28-24-fountain-local-rules-2026-10-02
Content hash: d7a064c22bbe2558919fbc1b04abe5521f9b3446a4222741cf8ae2b11df1a981

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Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

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