Ind. Porter Cnty. Local Rule LR64-FL00-2100

LR64-FL00-2100.1 Requirement. In all family law matters, including

dissolutions, separations, post-decree and support proceedings, each party shall

prepare and exchange, respectively, within 45 days of the initial filing of the action or

within 30 days of the filing of any post-decree matters, a Financial Declaration Form

(see Appendix B and C). These time limits may be extended or shortened by court

order for good cause shown. In those cases where there is service but no appearance

by counsel, it is the responsibility of the moving party to serve the completed Form

on the other party and to notify that party of the duty to prepare and serve one as well.

LR64-FL00-2100.2 Exceptions. The Form need not be exchanged if:

(1) the parties agree in writing within 30 days of the initial filing to

waive exchange, and;

(2) the parties have executed a written agreement which settles all

financial issues, or;

(3) the proceeding is merely at a provisional or emergency relief stage,

or;

(4) the proceeding is one in which the service is by publication and there

is no response, or;

(5) the proceeding is post-decree and concerns issues without financial

implications. Provided, however, when the proceeding is post-decree

and concerns an arrearage, the alleged delinquent party shall complete

the entire Form, while the support recipient need complete merely that

portion thereof which requires specification of the basis of the arrearage

calculation (with appropriate supporting documentation).

LR64-FL99-2100.3 Use at Trial. The Form is intended primarily as discovery although,

subject to appropriate objection, it shall be admissible at the request of any party. Therefore,

particularly in view of the presumptive nature of the Support Guidelines, direct examination on

Form data shall address only unusual factors which require explanation, or corrections, and shall

not, particularly with respect to issues of support, be routinely permitted. For evidentiary

purposes, the pages of the Form shall be deemed severable.

LR64-FL00-2100.4 Supporting Documents. For the purposes of providing a full and

complete verification of assets, liabilities and values, each party shall attach to the Form all

information reasonably required and reasonably available. This shall include recent bills, wage

and tax records, and bank, pension and year-end mortgage statements. "Reasonably available"

means that material which may be obtained by letter accompanied with an authorization, but does

not mean material that must be subpoenaed or is in possession of the other party. Appraisals of

real estate and pensions, or of personal property such as jewelry, antiques or special collections

(stamps, coins or guns, for example), are not required. However, once an appraisal is obtained, it

must be exchanged. Moreover, the Court may direct that an appraisal be obtained, and may

designate the appraiser.

LR64-FL00-2100.5 Privacy - Sealing of Forms. Whenever the interest of privacy so

requires, the Court may, upon motion, direct the admitted Forms sealed until further order.

However, such requests shall not be made as a matter of course. When ordered sealed, the court

reporter shall take custody of the Forms and place them in a flat manner in an envelope of

sufficient size, seal

the envelope and affix a copy of the order. Forms may be withdrawn at the conclusion of the

case on such terms as the Court allows.

LR64-FL00-2100.6 Final Declaration - Mandatory Discovery. The exchange

of Forms constitutes mandatory discovery. Thus, Indiana Rules of Trial Procedure, Rule 37

sanctions apply. Additionally, pursuant to Trial Rule 26(E)(2) and (3), the Form shall be

supplemented if additional material becomes available. Further, any additional discovery such

as a motion to produce, interrogatories, or depositions of the parties shall not commence until the

Forms are exchanged.