Ind. County Local Rule: rush-local-rules

LOCAL RULES OF PRACTICE AND PROCEDURE

FOR THE RUSH CIRCUIT AND SUPERIOR COURT

TABLE OF LOCAL RULES

TRIAL RULES

LR70 – TR 7(D) -1 Motions for Continuance

LR70 – TR 79-2 Special Judge Selection in Civil Cases

ADMINISTRATIVE RULES

LR70 – AR 00-1 Case Assignment

LR70 – AR 00-2 Filing of Documents

LR70 – AR 12-3 Facsimile Transmission

LR70 – AR 00-4 Security Cameras In Courtrooms

LR70 – AR 15(C)(1) -5 Preparation of Transcripts

LR70 – PSCR 16-6 Schedule of Fees for Problem-Solving Court Services

LR70 – AR 00-7 Rules for Evidence Handling, Retention and Disposition

LR70 – AR 1(E)(6) -8 Assignment of Criminal Cases

LR70 – AR 8(C) -9 Transfer of Cases Between Courts

LR70 – AR 1(E)(6) -10 Refiling and Subsequent Filings of Criminal Cases

LR70 – AR 21-11 Appointment of Special Judge in Criminal Cases

FAMILY LAW RULES

LR70 – FL 00-1 Case Assignment

LR70 – FL 00 - 2 Order to Appear

LR70 – FL 00 - 3 Parenting Sessions

LR70 – FL 00 - 4 Modification of Child Support

JUVENILE LAW RULES

LR70 – JV 00 - 1 Case Assignment

SMALL CLAIM LAW RULES

LR70 – SC 00-1 Case Assignment

PROBATE LAW RULES

LR70 – PR 00 - 1 Bond

LR70 – PR 00 - 2 Inventory

LR70 – PR 00 - 3 Fees for Personal Representatives and Attorneys

LR70 – PR 00 - 4 Accountings

LR70 – PR 00 - 5 Supplemental Reports

LR70 – PR 00 - 6 Adoption

LR70 – PR 00 - 7 Requirements for Establishing Guardianships

LR70 – PR 00 - 8 Restricted Accounts in Guardianships or Minors

LR70 – PR 00 - 9 Address of Fiduciaries

LR70 – PR 00 - 10 Fees of Attorney and Fiduciary

FORMS

Certification by Financial Institution

Physician’s Report

Lawyer’s Undertaking and Obligation

Certification of Restriction of Account in Compliance with Lawyer’s Undertaking

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TRIAL RULES

Rule LR70 – TR 7(D) -1 Motion for Continuance

In all cases in which a Motion for Continuance is filed, the Motion must contain the following:

A. A statement indicating that all opposing counsel (or parties if pro se) including any Guardian

Ad Litem or Court Appointed Special Advocate have been contacted and agree or object to

the continuance.

All Motions for Continuance must be accompanied by a proposed Order with blanks for resetting

the hearing.

LR70 – TR 79-2 Special Judge Selection in Civil Cases

In the event of filing of a motion for change of judge, or a disqualification or recusal by the

sitting judge, and the parties do not agree on a special judge under Trial Rule 79 (D) or the special

judge selected does not accept the case, a special judge shall be designated by the Clerk of the Rush

Superior and Rush Circuit Courts. The Clerk shall first assign the case to the other sitting judge in Rush

County and, if that Judge is unable to serve, then in sequence from the following list of judges:

1. Judge, Decatur Circuit Court

2. Judge, Franklin Circuit Court I

3. Judge, Henry Circuit Court I

4. Judge, Fayette Circuit Court

5. Judge, Union Circuit Court

6. Judge, Wayne Circuit Court

7. Judge, Decatur Superior Court

8. Judge, Franklin Circuit Court II

9. Judge, Shelby Superior Court I

10. Judge, Henry Circuit Court II

11. Judge, Fayette Superior Court

12. Judge, Wayne Superior Court No. I

13. Judge, Henry Circuit Court III

14. Judge, Wayne Superior Court No. II

15. Judge, Wayne Superior Court No. III

16. Magistrate, Wayne County Superior Court No. III

17. IV. D Commissioner, Wayne County

In the event no Judge is available for assignment or reassignment of a Felony or Misdemeanor

case, such case shall 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 that the unique

circumstances presented in such proceeding require appointment by the Indiana Supreme Court of a

Special Judge, this presiding Judge may request the Indiana Supreme Court for such appointment.

(Amended effective January 1, 2026)

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ADMINISTRATIVE RULES

LR70 – AR 00-1 Case Assignment

Until further order of the Courts the following case assignments will be in effect for

case distribution between the Rush Circuit Court and Rush Superior Court:

A. Infractions opened during odd numbered months shall be assigned to Superior

Court while infractions opened during even numbered months shall be assigned to

Circuit Court.

B. Unless otherwise designated, all other cases will be assigned on an equal random

basis.

LR70 – AR 00-2 Filing of Documents

Pro se litigants may file documents through the State e-filing system, in-person at the

Rush County Clerk’s Office or by facsimile transmission, as outlined below. Pro se litigants

may not file documents by emailing documents to the Rush County Clerk, or to the Rush

Circuit Court or the Rush Superior Court.

LR70 – AR 12-3 Facsimile Transmission

The Judges of Rush Superior and Circuit Courts authorize pro se litigants only to file

documents by facsimile transmission. Any documents to be filed by facsimile must be sent to

the Rush County Clerk’s Office fax line at (765) 932-4165. A cover sheet must accompany the

filing by facsimile transmission, and the cover sheet must contain the title of the document,

case number, number of pages, identity and voice telephone number of the sending party and

instructions for filing. In order for a pro se litigant to file a document by facsimile

transmission, the following must apply:

A. Such matter does not exceed ten (10) pages including the cover sheet;

B. Such matter does not require the payment of fees;

C. The sending party creates, at the time of transmission, a machine generated log

for such transmission; and

D. The original document is sent or delivered to the Rush County Clerk as soon as

practicable and the transmission log is maintained by the sending party for the duration

of the litigation.

E. During normal, posted business hours, the time of filing shall be the time of the

facsimile is received in the Office of the Rush County Clerk.

In all other respects, facsimile transmissions shall comply with Administrative Rule 12.

LR70 – AR 00-4 Security Cameras in the Courtroom

Pursuant to Indiana Judicial Conduct Rule 2.17(1), security cameras shall be allowed in

the courtrooms for administrative purposes only. According to the Indiana Rules of Court,

Rules on Access to Court records Rules 4(D) and 5(D)(2), Rush Circuit Court and Rush

Superior Court declare that the recordings from the security cameras confidential; Public access

to the recordings is excluded unless a court order allows access.

LR70 – AR 15(C)(1) -5 Preparation of Transcripts

The undersigned Courts comprise all the Courts of record of Rush County, Indiana and

hereby adopt the following Local Rule by which Court Reporter services shall be governed.

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PREPARATION OF TRANSCRIPTS FOR INDIGENT PERSONS

1. All transcripts for indigent persons are prepared during the regular business hours

of the Court.

2. In the event an indigent transcript cannot be prepared during regular working hours,

the Reporter must receive permission from the Judge to prepare portions of the

transcript outside the regular business hours of the Court.

3. Upon approval by the Judge for preparation of indigent transcripts outside of the

regular business hours, the Reporter shall charge no more than $4.25 per page for

transcripts outside of the regular business hours. The Reporter shall charge no more

than $1.25 per page for each copy of the transcript. A minimum fee of $35.00 per

transcript may be charged for small transcripts and is not to be used in addition to a

per page fee. The Index and Table of Contents shall be charged at the per page rate.

The Reporter may charge up to $14.00 per hour for time spent binding the transcript

and exhibit binders. The Reporter may charge reasonable costs for office supplies

for binding and electronic transmission not to exceed $1.00 per diskette and $.75

per binder. The Reporter shall submit a claim to the county for the preparation of

indigent transcripts. The claim must be approved by the supervising Judge.

4. The fees for any state indigent transcripts shall be the same amount as the fee for

county transcripts.

5. The Court Reporter shall report, at least on an annual basis, all transcript fees

received for the preparation of county indigent, state indigent or private transcripts

to the Indiana Supreme Court Division of State Court Administration. The reporting

shall be made on forms prescribed by the Division of State Court Administration.

6. In preparing non-indigent transcripts, the Court Reporter may contract directly with

a party or attorney to provide the services. The Court Reporter shall charge with a

party or attorney to provide the services. The Court Reporter shall charge no more

than $ 4.25 per page for an original transcript and $1.25 for a copy of a transcript.

In the event the court Reporter uses any Court equipment for the preparation of a

private transcript she shall reimburse Rush County at a rate of $.01 per page. The

reimbursement shall be made once per quarter no later than January 15, April 15,

July 15 and October 15.

LR70 – PSCR 16-6 Schedule of Fees for Problem-Solving Court Services

Those persons directed to participate in the Rush County Addictions Intervention Court

(A.I.C.) may be assessed fees in accordance with the following SCHEDULE

OF FEES pursuant to the authority granted by Ind. Code 11-12-2-12:

(1) A Drug Court administration fee of $100.00, per participant, payable to Rush County

Community Corrections;

(2) A Drug Court user fee of $50.00 per month for every month that an individual

participates in Drug Court (commencing the second month of participation), payable to

Rush County Community Corrections;

LR70 – AR 00-7 Rules for Evidence Handling, Retention and Disposition

Retention Periods for Evidence Introduced in All Non-criminal Proceedings

All models, diagrams, documents, or material admitted in evidence or pertaining to the case placed in the

custody of the court reporter as exhibits shall be taken away by the parties offering them in evidence, except as

otherwise ordered by the court, four (4) months after the case is decided unless an appeal is taken. If an appeal is

taken, all such exhibits shall be retained by the court reporter for two (2) years from termination of the appeal,

retrial, or subsequent appeal and termination, whichever is later.

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The court reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic notes

as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and parties are

reminded of the requirements of Appellate Rule 29.

Retention Periods for Evidence Introduced in Criminal Misdemeanor, Level 6 Felonies, and Attempts

All models, diagrams, documents, or material admitted in evidence or pertaining to the case placed in the

custody of the court reporter as exhibits shall be taken away by the parties offering them in evidence except as

otherwise ordered by the court, three (3) years after the case is dismissed, the defendant found not guilty, or the

defendant is sentenced, unless an appeal is taken. If an appeal is taken, all such exhibits shall be retained by the

court reporter for three (3) years from termination of the appeal, retrial, or subsequent appeal and termination,

whichever is later, unless an action challenging the conviction or sentence, or post-conviction action, is pending.

The court reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic notes

as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and parties are

reminded of the requirements of Appellate Rule 29.

Retention Periods for Evidence Introduced in Level 1-5 Felonies and Attempts

All models, diagrams, documents, or material admitted in evidence or pertaining to the case placed in the

custody of the court reporter as exhibits shall be taken away by the parties offering them in evidence, except as

otherwise ordered by the court, twenty (20) years after the case is dismissed, the defendant found not guilty, or

the defendant is sentenced, unless an appeal is taken. If an appeal is taken, all such exhibits shall be retained by the

court reporter for twenty (20) years from termination of the appeal, retrial, or subsequent appeal and termination,

whichever is later, unless an action challenging the conviction or sentence, or post-conviction action, is pending.

The court reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic notes

as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and parties are

reminded of the requirements of Appellate Rule 29.

Retention Periods for Evidence Introduced in Murder, Life without Parole, and Death Penalty Cases

All models, diagrams, documents, or material admitted in evidence or pertaining to the case placed in the

custody of the court reporter should be retained for the lifetime of the defendant in cases where the defendant is

found guilty. All models, diagrams, documents or material admitted in evidence or pertaining to the case placed

in the custody of the court reporter as exhibits shall be taken away by the parties offering them in evidence, except

as otherwise ordered by the court, twenty (20) years after the case is dismissed or the defendant found not guilty,

unless an appeal is taken. If an appeal is taken, all such exhibits shall be retained by the court reporter for twenty

(20) years from termination of the appeal, retrial, or subsequent appeal and termination, whichever is later, unless

an action challenging the conviction or sentence, or post-conviction action, is pending.

The court reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic notes

as provided in Administrative Rule 7.

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Courts should be encouraged to photograph as much evidence as possible, and courts and parties are

reminded of the requirements of Appellate Rule 29.

Non-documentary and Oversized Exhibits

Non-documentary and oversized exhibits shall not be sent to the appellate level courts, but shall remain in

the custody of the trial court or trial court administrative agency during the appeal. Such exhibits shall be briefly

identified in the transcript where they were admitted into evidence. Photographs of any exhibit may be included

in the volume of documentary exhibits.

Under no circumstances should guns, drugs, currency, or other dangerous or valuable items be included in

appellate records.

Biologically Contaminated Evidence

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve

all the parties so that the court may consider the issue and rule appropriately before trial. A party may show

contaminated evidence or pass photographs of it to jurors, but no such evidence, however contained, shall be

handled or passed to jurors or sent to the jury room.

Notification and Disposition

In all cases, the court shall provide actual notice, by mail (including e-mail), to all attorneys of record and

to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved

before that date. Counsel and parties have the duty to keep the court informed of their current addresses and notice

to the last current address shall be sufficient. Court reporters should maintain a log of retained evidence and

scheduled disposition date, and evidence should be held in a secure area. At the time of removal, a detailed receipt

shall be given to the court reporter by the party receiving and removing the evidence. The receipt will be made

part of the court file.

Evidence which is not taken back after notice should be disposed of by Court staff, however, the Sheriff

should be ordered to destroy evidence if its possession is illegal. Evidence of significant value (as shall be

determined by the Judge) should be auctioned by the Sheriff with proceeds going to the county general fund.

LR70 – AR 1(E)(6) -8 Assignment of Criminal Cases

Until further order of the Courts the case assignments will be in effect for case

distribution between the Rush Circuit Court and Rush Superior Court for criminal cases as

follows:

A. All criminal cases with material elements (or separate counts) involving drugs or

alcohol shall be assigned to Superior Court.

B. All other criminal cases shall be assigned to Circuit Court.

LR70 – AR 8(C) -9 Transfer of Cases Between Courts

A Judge of Rush Circuit or Rush Superior Court by appropriate order entered in the

Record of Judgment Orders may transfer and reassign to the other court of record within the

county with jurisdiction to hear the charged offense in any pending case, subject to acceptance

by the receiving court. Whenever a case is transferred between the Rush Circuit or the Rush

Superior courts, only the court identifier in the first group of characters in the case number shall

be changed. No change shall be made to the fourth group of characters in the case number.

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LR70 – AR 1(E)(6) -10 Refiling and Subsequent Filings of Criminal Cases

When the State of Indiana dismisses a case and chooses to refile that case, the case shall

be assigned to the court from which the dismissal was taken.

LR70 – AR 21-11 Appointment of Special Judge in Criminal Cases

In the event a change of judge is granted or a judge is disqualified or recuses in either Rush

Circuit or Rush Superior Court, the case shall be reassigned as follows: the Clerk shall first assign the

case to the other sitting judge in Rush County and, if that Judge is unable to serve, then to a special

judge who shall be selected randomly from a list of eligible judges from within the District and the

contiguous counties, and then in sequence from the following list of judges:

1. Judge, Decatur Circuit Court

2. Judge, Franklin Circuit Court I

3. Judge, Henry Circuit Court I

4. Judge, Fayette Circuit Court

5. Judge, Union Circuit Court

6. Judge, Wayne Circuit Court

7. Judge, Shelby Circuit Court

8. Judge Hancock Circuit Court

9. Judge, Decatur Superior Court

10. Judge, Franklin Circuit Court II

11. Judge, Shelby Superior Court I

12. Judge, Hancock Superior Court No. I

13. Judge, Henry Circuit Court II

14. Judge, Fayette Superior Court

15. Judge, Wayne Superior Court No. I

16. Judge, Henry Circuit Court III

17. Judge, Wayne Superior Court No. II

18. Judge, Shelby Superior Court No. II

19. Judge, Hancock Superior Court No. II

20. Judge, Wayne Superior Court No. III

21. Magistrate, Shelby County

22. Magistrate, Hancock County Circuit Court

23. Magistrate, Wayne County Superior Court No. III

24. IV. D Commissioner, Wayne County

Multiple cases may be assigned to one judge if the cases are related.

In the event no Judge is available for assignment or reassignment of a Felony or Misdemeanor

case, such case shall 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 that the unique

circumstances presented in such proceeding require appointment by the Indiana Supreme Court of a

Special Judge, this presiding Judge may request the Indiana Supreme Court for such appointment.

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FAMILY LAW RULES

LR70 – FL 00-1 Case Assignment

Until further order of the Courts all cases shall be assigned on an equal random basis.

However, if a new case is filed that is related to a pending case, the new matter shall be filed in

the same court as the currently pending case. By way of illustration only, if a JP case is pending,

and a GV case is filed, the GV case shall be filed in the same court in which the JP case is

pending. Case types which may involve related cases are JP, DC, DN, GU, GV, and PO.

LR70 – FL 00-2 Order to Appear

In all dissolution cases in which a petition for contempt or other request for an Order to

Appear is requested, the Clerk of the Rush Circuit Court shall sign said Order to Appear.

LR70 – FL 00-3 Parenting Sessions

Before final hearing is scheduled on a Petition for Dissolution of Marriage or Petition for

a Legal Separation in which the parties have minor children of the marriage, each party must

attend not less than one session on parenting.

A. The moderator of each session will provide each attendee with a certificate of

attendance which must be filed with the Clerk prior to the Court’s granting a Petition

for Dissolution of Marriage or a Petition for Legal Separation.

B. Each party is responsible for the cost of the party’s participation. Allowances for

waiver of fee will be given upon a good faith showing of indigence.

LR70 – FL 00-4 Modification of Child Support

It shall be presumed that the effective date for a modification of child support shall relate

back to the date that the Petition to Modify was filed.

JUVENILE LAW RULES

LR70 – JV 00-1 Case Assignment

Until further order of the Courts the case assignments will be in effect for case

distribution between the Rush Circuit Court and Rush Superior Court for criminal cases as

follows:

A. CHINS cases shall be assigned to Circuit Court.

B. TPR cases shall be assigned to Superior Court.

C. All other cases will be assigned on an equal random basis. However, if a juvenile has

an open delinquency case, all subsequent delinquency cases shall be filed in the

same court as the open case.

SMALL CLAIM LAW RULES

LR70 – SC 00-1 Case Assignment

Small claims for Atlas Collections and the schools shall be assigned to Circuit Court.

All other small claims shall be assigned to Superior Court.

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PROBATE LAW RULES

LR70 – PR 00-1 Bond

In every supervised estate and guardianship, the personal representative or guardian,

before entering duties, shall file a bond not less than the value of the annual rents and profits of

all property of the estate, except as hereinafter provided:

1. Where, under the terms of the will, the testator expresses an intention that the bond

be dispensed with, the Court may set a bond adequate to protect creditors and tax

authorities.

2. Where the heirs or legatees have filed a written request that the personal

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

protect the rights of creditors and tax authorities only.

3. In lieu of a bond in any supervised estate, a personal representative may serve with

approval and consent of 2/3 of the heirs.

4. The individual requesting to be named personal representative or administrator shall

comply with the provisions of Ind.Code 29-1-10-1.

5. In lieu of a bond, a fiduciary may restrict transfer of all or part of the guardianship

liquid assets placing those assets in a federally-insured financial institution with

the following restriction placed on the fact of the account or document: NO

PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN

ORDER OF THE RUSH CIRCUIT COURT OR SUPERIOR COURT OF

RUSHVILLE, INDIANA.

The fiduciary shall file the following with the Court:

A. Prior to issuance of Letters, the fiduciary’s attorney shall execute an

Attorney’s Undertaking for such assets.

B. Within ten (10) days of the order authorizing the creation of the account, a

certification by an officer of the financial institution at which the account has

been created, stating that the account is restricted as required by the Court,

shall be filed with the Court.

LR70 – PR 00-2 Inventory

In all supervised estates, the personal representative shall file an inventory with the

Court within two (2) months of the appointment of the personal representative. In all

unsupervised estates, the personal representative shall file within two (2) months of the

appointment of the personal representative certification that the inventory has been completed

as required by I.C. 29-1-7.5-3.2.

A temporary guardian shall file an inventory with the Court within thirty (30) days of

appointment. All other guardians shall file a complete inventory of property with the Court

within ninety (90) days of appointment.

LR70 – PR 00-3 Fees for Personal Representatives and Attorneys

1. No fees for personal representatives, guardians or attorneys shall be paid

out of any supervised estate or guardianship without prior written order of

the court.

2. Final fees in supervised estates and guardianships shall not be paid until the

court has approved the final account. All orders for final fees shall provide that

said fees are to be paid only after approval of the final account. This rule does

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not preclude payment of partial fees during administration after obtaining

written Court order for the same.

3. No petition for fees of personal representatives or attorneys need be filed in

unsupervised estates.

4. Petitions for fees must be signed by the personal representative or guardian.

5. Unjustified delays in carrying out duties by the fiduciary and/or attorney will

result in a reduction of fees of the individuals responsible for the delay.

LR – PR 00-4 Accountings

Whenever a supervised estate cannot be closed within one (1) year, an intermediate

account shall be filed with the Court within thirty (30) days after the expiration of the one (1)

year and each succeeding year thereafter. Such accounting shall comply with the provisions of

I.C. 29-1-6-4 and 29-1-16-6 and:

1. shall state facts showing why the estate cannot be closed;

2. shall propose partial distribution of the estate to the extent that partial distribution

can be made without prejudice to distributees and claimants.

All Social Security or Medicare benefits received by the fiduciary on behalf of an

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

unless Court approval has been previously granted to allow said funds to be paid directly to a

residential or health care facility. A copy of the annual accounting required by the Social

Security Administration for a representative payee shall be an adequate accounting if those are

the only monies received by the guardian.

All accountings shall follow the prescribed statutory format. Informal, handwritten or

transactional accountings will not be accepted.

LR – PR 00-5 Supplemental Reports

All supplemental reports filed with the Court must be accompanied by receipts for

distribution made.

LR70 – PR 00-6 Adoption

A consent to adoption must be notarized.

LR70 – PR 00-7 Requirements for Establishing Guardianships

In all guardianship matters seeking to declare an adult incapacitated for any reason, the

incapacitated person shall be present at the hearing unless the provisions of I.C. 29-3-5-1(d)

are met.

A physician’s report by the doctor treating the alleged adult incapacitated person or

such additional evidence as the Court shall require, shall be presented to the Court at the time

the petition is filed or on the hearing date. No determination will be made without a supporting

medical report or testimony.

LR70 – PR 00-8 Restricted Accounts in Guardianships or Minors

In guardianships over the estate of a minor, unless otherwise authorized by the Court,

funds shall be placed in a restricted account, designating that no principal or interest may be

withdrawn without prior written order of the Rush Circuit or Superior Court.

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 Lawyer’s Undertaking and

Obligation and Order to Guardians.

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A certification by a financial institution that a properly restricted account has been created

shall be filed within ten (10) days of the Order establishing guardianship.

No surety bond or restricted account is required where a corporate fiduciary serves as a

guardian or co-guardian of the estate.

LR70 – PR 00-9 Address of Fiduciaries

All petitions for appointment of personal representatives or guardians shall contain the

petitioner’s current address, and the proposed guardian’s current address, if the petitioner and the

proposed guardian are not the same person. A personal representative or guardian who changes

address shall immediately advise the Court of the new address.

LR70 – PR 00-10 Fee of Attorney and Fiduciary

1. No Fees for fiduciaries or attorneys shall be paid in any supervised estate or

guardianship until the Court has approved a fee petition filed by the attorney for the

estate.

2. No attorney or fiduciaries shall be paid in any supervised estate or guardianship until

the Court has approved a fee petition filed by the attorney for the estate.

3. Rule 1.5 of the Rule of Professional Conduct has been adopted by the Supreme

Court of Indiana to govern attorney fees. All fees charged by attorneys shall be

reasonable. The rule further enumerates the factors to be considered, which are as

follows:

a. The time and labor required, the novelty and difficulty of questions

involved, and the skills requisite to perform the legal service properly;

b. The likelihood, if apparent to the client, that the acceptance of the

particular employment will preclude other employment by the lawyers;

c. The fee customarily charged in the locality for similar legal services;

d. The amount involved and the results obtained;

e. The time limitations imposed by the client or by the circumstances;

f. The nature and length of the professional relationship with the client;

g. The experience, reputation and ability of the lawyer or lawyers

performing the services.

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CERTIFICATION BY FINANCIAL INSTITUTION

TO: ____________________________________________________

FROM: _________________________________________________

(Guardian’s name)

RE: Guardianship of _____________________________________

In order to comply with the rules of the Probate Court, I am required to

file a Certification of Account Balances. Please certify the balances and

names on the accounts I have listed below.

Dated: _____________ ____________________________

(Guardian)

For Bank Use Only:

I certify that on the _____ day of _________________, 20___, the last day of the period covered

by this accounting, there was on deposit in this institution to the credit of the Guardian, the

following balance:

Name on Account Account Number Balance Date

____________________ __________________ ______________ ______

____________________ __________________ ______________ ______

____________________ __________________ ______________ ______

____________________ __________________ ______________ ______

Name and Address of Institution:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

Signature of Certifying Officer: __________________________________

Printed: __________________________________

Title: __________________________________

Date: __________________________________

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STATE OF INDIANA IN THE RUSH CIRCUIT/SUPERIOR COURT

COUNTY OF RUSH CAUSE NO:

IN RE THE MATTER OF THE

GUARDIANSHIP OF:

_________________________

PHYSICIAN’S REPORT

____________________________, a physician licensed to practice medicine in all its branches

in the State of Indiana, submits the following report on ______________________ alleged

incapacitated person, based on an examination of said person on the ____ day of

__________________________, 20____.

1. Describe the nature and type of the incapacitated person’s disability:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

2. Describe the incapacitated person’s mental and physical condition; and, when it is

appropriate, describe educational condition, adaptive behavior and social skills:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

3. State whether, in your opinion, the incapacitated person is totally or only partially incapable

of making personal and financial decisions; and, if the latter, the kinds of decisions which the

incapacitated person can and cannot make. Include the reason for this opinion.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

4. What, in your opinion, is the most appropriate living arrangement for the incapacitated

person; and, if applicable, describe the most appropriate treatment or rehabilitation plan. Include the

reasons for your opinion.

_____________________________________________________________________________

_____________________________________________________________________________

5. Can the incapacitated person appear in court without injury to his/her health?

_____________________________________________________________________________

If the answer is no, explain the medical reasons for your answer.

_____________________________________________________________________________

_____________________________________________________________________________

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I affirm under the penalties of perjury, the foregoing representations are true.

Signature: _______________________________________

Printed Name: ______________________________________

Address: ______________________________________

City, State, Zip: _______________________________________

Telephone: _______________________________________

This report must be signed by a physician. If the description of the incapacitated person’s

mental, physical and educational condition, adaptive behavior or social skills is based on

evaluations by several professionals, all professionals preparing evaluations must sign the report.

Evaluations on which the report is based must have been performed within three (3) months of the

date of the filing of the petition.

Names and signatures of other persons who performed evaluations upon which this report is based:

Name: _________________________________________________

Address: _______________________________________________

Signature: ______________________________________________

Name: _________________________________________________

Address: _______________________________________________

Signature: ______________________________________________

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STATE OF INDIANA IN THE RUSH CIRCUIT/SUPERIOR COURT

COUNTY OF RUSH CAUSE NO:

IN RE THE MATTER OF THE

GUARDIANSHIP OF:

_________________________

(Name of Protected Person)

LAWYER’S UNDERTAKING AND OBLIGATION

I, (Name of Guardian), having been appointed as Guardian/Protecting Person of

the Estate of (Name of Protected Person), by the Rush Circuit/Superior Court,

Rushville, Indiana, hereby authorize my Attorney, (Name of Attorney), to deposit all of

the net Guardianship assets, in the amount of $_________________, in a bank account:

(a) in my name as Guardian

(b) in the name of the protected person, (Name of Protected Person),

with the restriction that withdrawal of principal or interest may be made ONLY on written order

of this Court, or upon the Protected Person reaching the age of majority.

DATE: __________________ ________________________________

Name of Guardian

Guardian/Protecting Person of

(Name of Protected Person)

I, as an Officer of this Court and as Attorney for the above Guardian/Protecting Person,

hereby assume and undertake personal responsibility to the above named Protected Person and to

the Court to make the above designated restricted deposit and to deliver copies of the

SIGNATURE CARD of CERTIFICATE evidencing the restricted deposit and the amount thereof

to the Court within ten (10) days from this date, or to refund all of the funds to the Court

immediately upon demand.

DATE: __________________ ________________________________

Attorney

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STATE OF INDIANA IN THE RUSH CIRCUIT/SUPERIOR COURT

COUNTY OF RUSH CAUSE NO:

IN RE THE MATTER OF THE

GUARDIANSHIP OF:

_________________________

CERTIFICATION OF RESTRICTION OF ACCOUNT

IN COMPLIANCE WITH LAWYER’S UNDERTAKING

The undersigned hereby certifies that he/she is an Officer or employee of the below named

financial institution and that the following account has been opened:

Type of Account: __________________________________

Account Number: __________________________________

Amount Deposited: __________________________________

Owner per Signature

Card or Document of Title: ________________________________

The undersigned further certifies that a copy of the Order of the Rush Circuit/Superior

Court has been examined in full and is on file with us and that the terms of this account includes a

restriction that withdrawal of principal or interest may be made only on written order of the Rush

Circuit/Superior Court, Rushville, Indiana, or upon the Protected Person reaching the age of

majority.

Dated: ______________ _________________________________

Name of Financial Institution

__________________________________

Signature

_________________________________

Printed

_________________________________

Title

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