Welcome to Tip of the Week! Judicial officers will offer a tip each week for members of the Family Law Section. Feel free to send suggestions to Mag. Kim Mattingly at email@example.com.
By Mag. Kimberly Dean Mattingly, Marion Superior Court
Upcoming events: Family Law Section Holiday Party and Summit! December 12 is a big day for our section! We have planned an event including three hours of CLE. The annual section holiday party will follow in the basement of Rock Bottom at 5 p.m. The party is also the annual business meeting of the section for electing the executive committee and officers, and for celebrating the recipient Family Law Award, which will be presented this year to Rick Mann. Don’t miss either one!
Next, a tip mostly for your staff: create a system to ensure that any document that is supposed to be “attached hereto as Exhibit __” actually gets included with your filing. Many settlement agreements are rejected when the referenced document is missing: child support worksheets, property lists, parenting time calendars, etc. I’m so unhip that the best way I’d know how to do this is to create a macro for Word documents? Surely someone more tech-savvy can share a better way to set up this type of reminder?
And, finally, continuing with the Local Family Law Rule Challenge! Each upcoming tip will include one of Marion County’s Local Rules, plus one extra word. Find the extra word and make a note of it. At the end of the contest, a 13-word sentence will be formed. Those who email me the correct sentence will be entered into a drawing for a prize.
LR49-FR00-502. ADMINISTRATIVE PROCEDURES
A. Provisional Orders. A request for provisional orders may be made a part of the petition for dissolution of marriage, legal separation or paternity, in which case the petition shall be titled "Petition for Dissolution of Marriage [Legal Separation] [Paternity] and for Provisional Orders".
B. Time Required. In all contested family law matters, the moving party shall advise the court of the time required for hearing and contested issues to be considered in the text of a petition or praecipe for hearing. Parties should petition for time necessary for hearing with the expectation that each side will be allotted one-half of the total time allocated. The court normally allows 15 minutes for preliminary hearings and contempt petitions.
C. Summary Presentation. By agreement of the parties, all issues and evidence relevant to a domestic relations case may be presented in summary fashion by counsel.
D. Bench Warrant. In order to obtain a bench warrant from the court, a party must have personal service on the adverse party and complete a bench warrant information sheet. The court may issue a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.
E. Summons and Appearance. In all family law matters, the petitioner shall use the form of summons and appearance form set forth in Appendix A and shall attach the Verified Financial Declaration Form. Only the last 4 digits of a lawyers social security number should appear on the appearance form.
F. Verification. Verification language where required shall be in the form as stated in Indiana Trial Rule 11(B): I affirm, under the penalties for perjury, that the foregoing representations are true.
G. Mandatory Mediation. Parties must submit all contested final hearing issues requiring two hours or more of court time and all non-contempt post-decree child-related issues to mediation prior to presenting the issues to the court for hearing, unless this rule is waived for good cause shown after written request by a party. The court may in its discretion assign matters to mediation at any stage of the proceeding.
H. Negotiations. Parties and counsel shall exchange documents, negotiate pending issues prior to scheduled hearing time and report to the Court.
Stay tuned for a new tip next week!
If you would like to submit content or write an article for the Family Law Section page, please email Kara Sikorski at firstname.lastname@example.org.