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Family Law Tip of the Week - Family Law News

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Family Law News

Posted on: Apr 12, 2017

By Mag. Kimberly Dean Mattingly, Marion Superior Court

  1. The first one is an old one, but I saw this again so I’ll repeat: If you submit separate Decrees and Settlement Agreements, do not include facts in the Decree unless they are also in the SA. Litigants typically only sign the SA; therefore, I cannot make findings in the Decree that are not also in the SA. And, when listing your statutory factors in a divorce, don’t leave out residency, whether the parties had children, or pregnancy (for same sex divorces, “Neither Wife is pregnant” or “Neither Husband can be pregnant”).
  2. An earlier Tip reminded you to withdraw from old cases. If there are cases that you just can’t bear to withdraw from (sucker!), add yourself electronically to the public contact list. That way, if anything gets filed, you will get timely notice.
  3. Finally, below is an update from our IT folks about scanning old Marion County files into Odyssey. I’ve also attached the Memo from Clerk Eldridge that accompanied this info here.


Judges and Court Staff
We are getting ready to begin the project for scanning court records and files that are in the Civil and Criminal courts in the City-County Building. This project will begin within the next two weeks.
We must thank Clerk Eldridge and the Clerk’s Office team for working thru the criteria and coming up with a working plan to begin this project. Attached to this email is the Clerk’s office Memo that was sent to all Clerk staff on 3-15-2017.
As part of the project –

  • The Marion County Clerk’s office is setting up a team of eight employees that will be divided into 2 teams. All scanned files will be uploaded into the Odyssey system in the Documents tab for that case.
  • The files that will be scanned will be files from 2014 through 2016 open and closed cases. The civil and criminal teams will scan files one court at a time. Given below is the order of the courts that will be scanned in the Civil and Criminal Divisions. The Clerk’s Office will also be sending teams to every Civil and Criminal Court to take to old records case files that are NO Longer ACTIVE. Please let the Clerk’s office Division Managers know of any issues in that regard, and let Court Administration know as well.
  • The scanning team will take files from a court to Room E477 to be scanned. Room E477 will have six scanners for the scanning teams.
  • The scanning process will consist of preparing the documents for scanning. The preparation phase consists of removing staples, paper clips, etc.; and separating the documents in a file by public documents and confidential documents.
  • Public documents in a case file will be scanned as a single attachment and uploaded to the Documents tab of the case in Odyssey. Confidential documents in a case file will be scanned as a single attachment and uploaded into the Documents tab in Odyssey as a confidential record.
  • AUDIT Team
  • A verification team will serve in a quality control capacity to ensure the correct procedures are being followed and to ensure documents are properly designated as public or confidential when scanned into Odyssey. Toward that end, public documents will be accessible by the public on the public access terminals, whereas confidential documents will not be viewable by the public.
  • As an example of how a scanned case will appear in the Documents tab in Odyssey, please view cause number 49G06-1101-PC-005972.
  • After a file has been verified and audited scanned into Odyssey, the physical file becomes available for destruction in compliance with records retention and administrative rules determined by the Office of Judicial Administration and the Indiana Supreme Court. The Clerk’s office is responsible for all of those activities.
  • Traffic Court and possibly Circuit Court will have their own teams as we progress, but at this time at least the first few courts can be initiated and we will provide regular monthly updates after the project begins to let everyone know as we progress.

Stay tuned for a new tip next week!

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