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Clerk of the Circuit Court

For additional compliance guidelines issued through SBOA Bulletins, please see this page.

Preface

  • Preface

    Pursuant to Indiana Code (IC) 5-11-1-24, the State Board of Accounts is required to “establish in writing uniform compliance guidelines… [that] include the standards that an entity must observe to avoid a finding that is critical of the audited entity for a reason other than the audited entity’s failure to comply with a specific law.” Currently, these guidelines are found in SBOA Accounting and Uniform Compliance Guidelines Manuals (Manual), Bulletins, and State Examiner Directives. All guidelines are published on our website with the pertinent guidelines for a particular unit type identified through links.

    The Manuals provide the most comprehensive uniform compliance guidelines, including audit positions general to all units, minimum requirements specific to particular units, and topical general standards.

    The Bulletins are designed to supplement certain Manuals. Bulletins are published quarterly for Cities & Towns, County, Non-Governmental Entities, Schools, and Townships. The Bulletins typically supply a schedule of upcoming deadlines, new or updated audit positions, and information that local officials needs to be aware of. The Manuals are updated annually for new or updated positions that were included in the Bulletins through the course of the year.

    A Directive is a pronouncement by the State Board of Accounts (the Board) that sets forth a policy or procedure that the Board will use to enforce a law or Uniform Compliance Guideline (UCG) to conduct audits, and to carry out its duties as set forth by the Indiana legislature. A Directive is based on the general authority of the Board to carry out its responsibilities under IC 5-11-1 and other laws, and may be a form of the UCGs authorized by IC 5-11-1-24. The Board has the authority to direct public officers in keeping the accounts of their offices, including the use of forms, records, and systems of accounting and reporting adopted by the Board. A person who refuses to follow a Directive is subject to a civil action for an infraction.

    If you have any questions for our office, whether it be about these UCGs, or otherwise, please don’t hesitate to call our office at (317) 232-2513 or send an email to one of the following:

    Cities.Towns@sboa.in.gov
    Communications@sboa.in.gov
    Counties@sboa.in.gov
    Libraries@sboa.in.gov
    NotForProfit@sboa.in.gov
    Schools.Townships@sboa.in.gov
    SpecialDistricts@sboa.in.gov

    Paul D. Joyce, CPA, State Examiner
    Michael H. Bozymski, CPA, Deputy State Examiner
    Tammy R. White, CPA, Deputy State Examiner

Origin - Definition - Nature of Office - Vacancies

  • Overview

    The term "clerk" is derived from the Latin word "clericus" (clergyman). Its application to a particular officer of a court has its origin in the historical fact that in the early days of England, both before and after the Norman conquest, the subordinate officers of courts of justice as well as the judges, were chosen among the clergy. Almost all forms of learning were confined to this class. In England "the clerk of the peace," a county officer appointed by the custos rotulorum (keeper of the rolls) of the county, was clerk of the court of general sessions of the peace. The clerks of the courts known as county courts, which were presided over by the sheriffs, were appointed by the sheriffs and were sometimes known as county clerks. In the colonies the establishment of courts of justice with appointment of judges and subordinate officers were a prerogative of the crown. These courts of common pleas were known as county courts, and the clerks thereof acquired the name of county clerk. (10 American Jurisprudence)

    In the various states of this country the creation of the office of the clerk of the court is a matter of constitutional or statutory provision. In Indiana the State Constitution creates the office of "clerk of the circuit court" as the official name of the officer who keeps the records of courts of the counties. The term "county clerk" and "clerk of the circuit court" are often used interchangeably but the designation of such official as "county clerk" is incorrect. 168 Ind. 294; 80 N.E., 849; 36 N.E., 933; 9 App., 657.

    The courts uniformly hold that the clerk of the circuit court is a ministerial officer who has charge of the clerical part of its business. The clerk is custodian of its record and seal, issues process, accepts filings of commencement of actions in litigation, enters judgments and orders of the court, receives money, makes certified copies of record, issues many miscellaneous licenses and licenses to practice various professions, and must keep a record of all wills and matters of trust in probate proceedings. In general the clerk is required to perform all official duties imposed by statute or by lawful authority of the court.

    The powers conferred upon the clerks of courts are to be exercised in accordance with the statute conferring them. While the clerk is an officer of the court, the clerk is not "the court." The clerk has no judicial authority. The clerk's official duty is prescribed by law and the actions in performance of that duty are ministerial. Steve v. Colosimo (1937) 211 Ind. 673. O.A.G. 1951, No. 104, Page 312. Stine v. Shuttle, et al, 134 Ind. App. 67 (1963).

    In the case of Marion County Election Board v. O'Brien, 241 Ind. 36, 169 N.E. 2d 287, the Supreme Court of Indiana said:

    "The Clerk of the circuit court is neither a judge, a State Officer, nor is he elected by the Legislature."

  • Vacancy in Office

    A vacancy in the office of the clerk of the circuit court that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11.

    A vacancy that occurs in the office of clerk of the circuit court: (1) other than by resignation, and (2) that is not covered by the above paragraph, shall be certified to the governor by the judge of the circuit court and shall be filled by the governor. The person who is appointed holds office for the remainder of the unexpired term and until a successor is elected and qualified. [IC 3-13-6-3]

Organization of Office, Salary and Expenses, and Fees

  • Office Created

    The office of the clerk of the circuit court is a constitutional office. The constitution of Indiana and Indiana Statutory law provide for the election of clerk of the circuit court in each county of the state. Art. 6, Sec. 2, Ind. Const. [IC 33-32-2-2]

  • Term of Office

    The term of office is fixed at four years, continuing until a successor is elected and qualified. No person is eligible to hold the office of clerk more than eight years in any period of twelve. Art. 6, Sec. 2, Ind. Const.

  • Qualifications

    No person shall be elected or appointed as a clerk of the circuit court who is not an elector of the county, nor who has not been an inhabitant thereof, during one year next preceding election or appointment. Art. 6, Sec. 4, Ind. Const.

    Each clerk must reside within the respective county and shall keep the perspective office at such place therein, and perform such duties, as may be directed by law. Art. 6, Sec. 6, Ind. Const.

    An indispensable qualification to hold any office within the state, either by election or appointment, is that such person shall never have evaded, or have been convicted of evading, the Selective Service Act of the United States, or of any conspiracy of attempt to defraud the government of the United States, or of any seditious utterances in violation of any of the laws of the United States or of any other crime against the laws of the United States where the sentence imposed therefor exceeded six (6) months. [IC 5-8-3-1]

  • Oath

    Every clerk of the circuit court before entering upon the official duties, shall take an oath to support the Constitution of the United States and of this state, and that the clerk will faithfully discharge the duties of the office. An individual appointed as a deputy is considered an employee of the political subdivision performing ministerial functions on behalf of an officer and is not required to take oath. However, if a chief deputy assumes the duties of an office during a vacancy under IC 3-13-11-12, the chief deputy must take the oath of office before entering on the official duties of the office. [IC 5-4-1-1] [IC 36-2-16-2]

  • Endorsement

    The oath shall be endorsed on or attached to the commission or certificate, and signed by the person taking the oath, and certified to by the officer before whom the oath was taken, who shall also deliver to the person taking the oath a copy of the same. [IC 5-4-1-2]

  • Sureties

    The bond shall be executed by the principal and one or more freehold sureties. [IC 5-4-1-13] In the event a corporate surety bond is furnished, a freehold surety, or sureties, is not required.

  • Bond

    The clerk is required to give a bond conditioned for the faithful discharge and performance of the clerk's duty. The bond must be given before the commencement of the clerk's term of office. If the clerk fails to give the bond before that time, the clerk may not take office. All official bonds shall be payable to the state of Indiana and shall be obligatory to such state, upon the principal and sureties, for the faithful discharge of all duties required of such officer by any law, then or subsequently in force, for the use of any person injured by any breach of the condition thereof. [IC 5-4-1-9, 10]

    County council may, by ordinance, authorize a blanket bond or crime insurance policy for clerks of the circuit court in lieu of an individual surety bond. [IC 5-4-1-18]

  • Amount of Bond and Approval

    The fiscal body (county council) shall fix the amount of the bond of the clerk of the circuit court in an amount equal to thirty thousand ($30,000.00) for each one million dollars ($1,000,000.00) of receipts of the clerk's office during the last complete fiscal year before the purchase of the bond. The amount of the bond may not be less than thirty thousand ($30,000.00) nor more than three hundred thousand dollars ($300,000.00). [IC 5-4-1-18] The bond of the clerk shall be approved by at least a majority of the board of county commissioners. (In Marion County, only, by the mayor of the consolidated City of Indianapolis.)

    No bond shall be filed until lawfully approved. The official bond shall be approved by at least a majority of the board of county commissioners. The approval must be endorsed on the bond by the commissioners, or a majority of them. [IC 5-4-1-8]

  • Where Filed

    The official bonds of the clerks of the circuit courts shall be filed in the recorder's office of their respective counties. [IC 5-4-1-5.1]

  • Cost of Bond

    The cost of the bond of the clerk of the circuit court or employee shall be paid out of the general fund of the county. [IC 5-4-5-2]

  • Office Hours and Place

    The clerk shall keep the office open at the county seat in a building provided for that purpose by the county board of commissioners, every day of the year except on Sundays and legal holidays.

    The clerk shall keep the office open on those days and at those times that are necessary for the proper administration of the election statutes.

    However, clerks may close their offices on those days the judge of the circuit court of their county orders the court closed in accordance with the custom and practice of the county.

    Any legal action required to be taken in the office of the clerk of the circuit court during the time the office is closed, under this section, may be taken on the next following day the office is open. [IC 33- 32-2-4]

  • Appointment of Deputies

    The clerk of the circuit court may appoint deputies, when necessary or when required, if provision has been made for paying such deputies for their services from county funds. The appointing clerk is responsible for all the official acts of their deputies. [IC 5-6-1-1] [IC 5-6-1-3]

  • Qualification of Deputy

    Article 6, Section 4 of the Constitution of the State of Indiana prohibits the appointment of any person as a county officer who is not an elector of the county; nor anyone who shall not have been an inhabitant of the county during one year next preceding the appointment.

    A deputy may perform all the official duties of the clerk, being subject to the same regulations and penalties. [IC 5-6-1-2]

    An individual appointed as a deputy is considered an employee of the political subdivision performing ministerial functions on behalf of an officer and is not required to take the oath of office. [IC 5- 4-1-1]

    For purposes of Article 2, section 9 of the Constitution of the State of Indiana, the position of appointed deputy of an officer of a political subdivision or judicial circuit is not a lucrative office. [IC 5-6-4- 3]

    These Constitution and Indiana Code references provide some guidance on the position of appointed deputy clerk. However the county attorney should be consulted regarding the application of these provisions to your deputy positions in light of case law and Attorney General Opinions.

  • First or Chief Deputy

    In each county the clerk is entitled to appoint one first or chief deputy without the approval of the board of county commissioners.

    If a county has a superior or county court or two or more court houses in which branches of county offices are maintained, the deputies in charge of the branches shall rank as first or chief deputies and shall receive compensation as such. [IC 36-2-16-9]

  • Bond of Deputies

    Although deputies are not required by law to be bonded, the county council may cause deputies and employees to be bonded by either individual or blanket bonds to cover the proper discharge of duties. [IC 36-2-16-2]

  • Salaries

    Before July 2 of each year the clerk shall file a statement with the county auditor (Form 144) that shows in detail the positions and the rate of compensation proposed for the clerk and for each full-time or part-time position. The county auditor is required to submit the statements (Forms 144) to the board of county commissioners at their July meeting for their review and recommendations to the county council. [IC 36-2-5-4] The county council shall fix the number of deputies and other employees and the compensation of the clerk, deputies and other employees. [IC 36-2-5-3]

    The annual salaries shall be in full for all services and in lieu of all fees, per diems, penalties, interest, costs, forfeitures, commissions, percentages, allowances, mileage and other remuneration whatsoever for official services or involving official authority [IC 36-2-7-2], except that the clerk as the secretary of the county election board may receive compensation as is provided for by the county council [IC 3-6-5-9].

  • Budget Estimates

    Before the Thursday after the first Monday in August of each year, the clerk shall prepare an itemized estimate of the amount of money required for the office for the next calendar year. Each budget estimate must include the items stated in IC 36-2-5-5.

    Additionally, the clerk must prepare a separate estimate of the amount of money required for each court for the next calendar year. If a court has two (2) or more judges who preside in separate rooms or over separate divisions, the clerk shall prepare a separate itemized estimate for court expenses in each room or division. Each budget estimate must include the items specified in IC 36-2-5-6.

  • Mileage

    The clerk may be called to attend meetings by the state board of accounts in accordance with IC 5-11-14-1 and by the state election division under IC 3-6-4.2-14. Expenses of attending these meetings shall be reimbursed by county general fund without appropriation in accordance with the provisions of the applicable statute referenced above.

    For other travel, the clerk is entitled to a sum for mileage in the performance of official duties in an amount determined by the county council. [IC 36-2-7-3]

  • Purchases

    The board of county commissioners is the purchasing agency for the county. As such, they may establish written policies for purchases made by the purchasing agency. The written policies may apply to all purchases generally or to a specific purchase. The purchasing agency may authorize other individuals to purchase for the county by designating these individuals purchasing agents.

    Purchasing agents are to follow the requirements for sealed competitive bidding in making purchases of greater than $150,000. They must accept written quotes for purchases of at least $50,000 but not more than $150,000.

    In making purchases of less than $50,000, the purchasing agent must follow the purchase policies established by the purchasing agency. [IC 5-22]

  • Postage - Claim for Purchases

    Clerks should anticipate their needs and file a claim with the county auditor when postage is required for the conduct of official business. The claim should be itemized as to the denomination of stamps and the amount for which the auditor should draw his warrant payable to the postmaster.

    The clerk should then purchase the stamps, have the postmaster return a receipt for the amount and return the receipt to the auditor to be filed with the claim for postage that he or she was advanced.

    The clerk should not use money from current receipts or from the cash change fund for the purchase of stamps and hold the postmaster's receipt in lieu of cash until the auditor reimburses the clerk.

  • Record of Hours Worked

    IC 5-11-9-4 states that records shall be maintained to show which hours were worked each day of officials and employees of any political subdivision of the state and employed by more than one (1) public agency or in more than one (1) position by the same public agency.

    The requirement can be met by preparing an endorsement on the payroll claim form showing the general work schedule and listing the specific employees who worked hours different from that general work schedule.

    Another alternative is to add a statement on each Employee's Service Record, General Form 99A (1985), and/or Employee's Earnings Record, General Form 99B (1985), indicating hours to be worked daily by that individual.

  • Fees - Costs - Per Diems to be Paid to County General Fund

    The clerk shall continue to collect, account for and pay into the county general fund all fees, costs, per diems, penalties, commissions, percentages and any other remuneration of whatever kind or character for official services or involving official authority that were previously retained by the clerk as a part of his compensation.

    This includes: Change of venue transcript fees, clerk's service fees, per diem and the certificate of order book entry and allowance; for issuing and recording such transcript of unpaid costs in venued actions; fish and game license fees, gross income and employment security warrant fees, birth certificate fees, naturalization and passport fees; and the fees for issuing fee bills for the collection of unpaid court costs.

    The Supreme Court has held the clerk of the circuit court to be a circuit officer rather than a county officer. The Attorney General, in Official Option No. 49, 1959, held that it was the legislative intent to include the clerk under the provisions of IC 36-2-7-3, insofar as mileage is allowed for duties performed by the clerk as a member of the county election board. The Attorney General concluded that the clerk is entitled to mileage when acting as a member of the county election board.

    Also, the clerk, as a member of the county election board, may receive a per diem of $24.00 per day, reimbursement of the registration fee, an allowance for lodging for each night preceding conference attendance equal to the lodging allowance paid to state employees, and mileage at the state rate for the distance necessarily traveled in going to and returning from the place of an instruction meeting called by the state election board. The clerk shall attend such meetings. [IC 3-6-4.2-14]

    The clerk is entitled to collect two dollars ($2) from the county treasury for each calendar day on which the clerk or the clerk's deputy attend a court when it is occupied with business concerning change of venue. The payment is not affected by the number of items filed or the business transactions by the court on that day. [IC 34-35-5-8]

  • Official Court Seal

    The circuit court of each county shall have a seal, a description of which, signed by the judge devising same, shall be filed by the clerk and recorder.

  • Lucrative Office

    "No person holding a lucrative office or appointment under the United States or under this state shall be eligible to a seat in the General Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constitution expressly permitted; . . ." (Art. 2, Sec. 9, Ind. Const.)

    For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, notary public is not a lucrative office.

    A person who is a public official, or a deputy or appointee acting for or serving under a public official, may not make any change for services as a notary public in connection with any official business of that office, or of any other office in the governmental unit in which the person served unless the charges are specifically authorized by a statute other than the statute that establishes generally the fees and charges of notaries public. [IC 33-42-2-7]

    A clerk of the circuit court holds a lucrative office. The clerk of the circuit court can not hold another lucrative office simultaneously with their election. It has been held that the acceptance of a lucrative office while holding another automatically vacates the former.

  • Conflict of Interest

    IC 35-44.1-1-4 and IC 35-44.1-1-5 outlines certain conditions under which public servants may or may not have pecuniary interest in or derive profits from a contract or purchase connected with an action by the governmental entity that he or she serves.

    This statute requires that a written disclosure describing the contract and the financial interest that the public servant has in the contract be filed within fifteen (15) days after the final action on the contract or purchase with the State Board of Accounts and the clerk of the circuit court. It is recommended that a paper or electronic record be used to record the written disclosures filed with the clerk. It is the duty of the public servant that has the financial interest to file the disclosure with the State Board of Accounts. Clerks please do not duplicate the filings with our office.

  • County Board of Elections

    As secretary to the county election board, the clerk must annually prepare a budget estimate itemized for the amount of money necessary to be appropriated for the ensuing year. The estimate shall be submitted at the time and in the manner and form other county budget estimates are required to be filed. [IC 3-6-5-16]

    The county election board may appoint and remove clerks, custodians, and other employees that are necessary in the execution of its powers. The county election board may determine the duties, rank, and salaried of its appointees. [IC 3-6-5-23]

  • Instruction for County Election Boards

    The Indiana Election Division of the Secretary of State's Office shall call a meeting of the county election boards and the boards of registration to instruct them as to their duties, each year in which a general or municipal election is held. The division shall set the time and place of the instructional meeting and the meeting may not last more than two (2) days.

    In years in which a primary election is held, the Election Division may conduct the meeting before the first day of the year and shall conduct the meeting before primary election day. Each circuit court clerk shall attend the meeting. [IC 3-6-4.2-14]

  • Compensation for Attendance at Meeting

    Each member of a county election board or board of registration shall be entitled to collect a per diem of twenty-four dollars ($24.00) per day, a mileage allowance at the prevailing state rate for the distance necessarily traveled in going to and returning from the place of the instruction meeting, reimbursement for the payment of the instructional meeting registration fee and an allowance for lodging for each night preceding conference attendance equal to the lodging allowance provided to state employees from the county general fund without appropriation. [IC 3-6-4.2-14]

  • Registration of Voters

    In counties where there is no board of elections and registration the clerk of the circuit court is the registration officer and shall supervise the registration of voters within the county. [IC 3-7-12-1]

  • Deputy Clerk not Entitled to Additional Compensation

    A deputy clerk, as registration officer, is not entitled to be compensated. If a deputy clerk serves as a deputy registration officer, when properly appointed, the deputy may not be additionally compensated for such services as a deputy registration officer. (O.A.G. 15, 1962)

    Deputy clerks cannot receive compensation in addition to their regular salaries for maintaining voters registration lists. [IC 36-2-7-2]

Organization of Office, Salary and Expenses, and Fees - Continued

  • Clerical Assistants to Board of Elections

    County election boards are authorized to employ such clerical assistants as is necessary in the execution of their powers and the proper canvassing and tabulation of the vote. [IC 3-6-5-23; 3-12-4-4]

    The county election board may fix the salaries and other necessary compensation of its appointees.

    It was held by the Attorney General in O.A.G. 1936, Page 370, that deputy clerks or employees in the office of the clerk employed by the board of elections are entitled to be compensated for such services in addition to the salaries received in the performance of their official duties as deputies or employees of the clerk's office. The Attorney General suggested if any such deputy or employee of the clerk's office neglected his official duties as such deputy or employee, the remedy would be to discharge the deputy or other employee.

  • Annual Conference

    The State Board of Accounts shall annually call a conference of clerks of the circuit courts and clerks elect to be held at such time and place as shall be fixed by the state examiner.

    Each official, official elect and deputy, deputies or assistants attending any conference under this section shall be allowed, for each mile necessarily traveled in going to and returning from any such meeting by the most expeditious route, a sum for mileage at a rate determined by the county fiscal body. Each shall also be allowed under this section, an allowance for lodging for each night preceding conference attendance equal to the single room rate. However, lodging expense, in the case of one (1) day conference, shall only be allowed for persons who reside fifty (50) miles or farther from the conference location. Regardless of the duration of the conference, only one (1) mileage shall be allowed to the official, official elect, deputy or assistants furnishing the conveyance although he or she transports more than one (1) person. The official, official elect, and deputies shall also be allowed an amount for meals purchased while in attendance set by the county council.

    The State Board of Accounts shall certify the number of days attended. Payments for meals, mileage and lodging shall be made upon filing a verified claim, with the auditor. Upon allowance by the board of commissioners, the auditor shall issue a warrant on the county general fund without any previous appropriation being made therefor. [IC 5-11-14-1]

  • Legal Holidays

    The following are legal holidays within the state of Indiana for all purposes: New Year's Day, January 1; Martin Luther King, Jr's. Birthday, the third Monday in January; the twelfth day of February, commonly called Lincoln's Birthday; Washington's Birthday, the third Monday in February; the movable feast day of Good Friday; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Veterans' Day, November 11; Thanksgiving Day, the fourth Thursday in November; Christmas Day, December 25; the day of any general, national, state or city election or primary; and the first day of the week, commonly called Sunday.

    When any of these holidays, other than Sunday, comes on Sunday, the following Monday shall be the legal holiday. When any of these holidays fall on a Saturday, the preceding Friday shall be observed as the legal holiday.

    Any action taken by the County on any such holiday is valid for all purposes. [IC 1-1-9-1]

Duties in General

  • Duties in General

    The purpose of this section is to briefly mention the duties in general that are required of the clerk. The performance of these duties must be exercised in accordance with the statutes that impose such duties or by lawful authority of the court.

    It is impossible to outline or enumerate in detail each particular duty and to explain how it should be done. It is the intent to attempt to create a line of thought that will impress the clerk of the important and varied requirements for the performance of duties. If this line of thought is effective upon the impressionable mind, the official will realize that the information source of instruction must be obtained from the statutes. It will be imperative to make a comprehensive study and the application thereof for an efficient and successful administration.

    Every elected official has, sometime during their candidacy, pledged to the electorate that if elected he would perform the duties of the office in an honest, courteous, efficient and impartial manner as required by law; that he or she is qualified to assume the duties imposed by law, and if elected he or she will administer the duties of the office accordingly.

    If the clerk is desirous of serving his or her constituents well and is ambitious enough to fulfill all campaign pledges for an efficient administration, the clerk will adopt as textbook the accepted volumes of authority containing all laws pertaining to the duties of the office. A thorough study will be made of the office. The clerk will become familiar with the general provisions thereof. The clerk will confer with the judge of the court and will seek counsel from members of the legal profession. There will need to be cooperation with all interested parties and other officials. By initiative and application the clerk will attempt to organize the office so that the functional duties will result in a successful administration.

    The clerk must not proceed entirely on the theory that "it has always been done that way" or "they never did it that way before." It is well to review the work of your predecessor, but perhaps the predecessor was not always correct. If there is some doubt as to the correct procedure, refer to that section of the law that pertains to the question or problem involved. Be sure you are correct then proceed accordingly. Acquaint yourself with the office and keep informed with everything that goes on in your presence or in your absence. Employ competent deputies or assistants for their honesty, efficiency and performance. Deputies may take the same oath of office and assume like obligations as the clerk. Be able to instruct them the way the office should be conducted. You are responsible for their acts. You will receive the credit for or criticism of their performance.

    Be impartial in your treatment with opposing lawyers and litigants in causes of action. Assist them in furnishing information concerning papers filed or records made in the pending cause. If a request is made to read complaints or records, extend the courtesy if authorized by law. The clerk is not the court and it is not your responsibility if a lawyer errs. That is a matter for the court to decide.

    There should be the utmost cooperation between the judge and the clerk. Each is an elected official and is charged by law to perform specific duties. The clerk must operate the office of clerk and the judge must operate the court. Neither official should attempt to dictate the duties of each other. Both officials should be agreeable at all times and a cooperative relationship should exist.

    The clerk is charged to keep the Record of Judgments and Orders (RJO) of the court and to enter all record, orders, and judgments as the court may direct. The RJO of the court is the record of the court and the clerk is merely the scribe.

    As in the early days of the court in England where all forms of learning were assumed to be possessed by the clerk -- so will it be your experience to find that, as clerk, you will be called upon for much information. From the day you assume office people will think that you are the source of all information, legal and otherwise, and that you will be able to solve their problems. The public is very exacting in its demand from public officials. Be particularly cautious in imparting information or giving advice. You will be consulted on questions involving controversial legal matters and it is not within your duty to advise any one legally. Such persons seeking legal information should consult an attorney. It will be to your advantage to eliminate all unnecessary involvements.

    Indiana law requires the clerk to perform many varied duties. The clerk is required to be the clerk of the circuit court; clerk of the probate court; and clerk of the superior court; clerk of the criminal court; clerk of the juvenile court; clerk of the magistrate court where such courts are created, and in Marion County, clerk of the Marion County municipal court. The clerk is ex-officio a member of the county board of elections; chief registration officer in charge of voters registration in counties where there is no board of elections; a member of county commission of public records, and jury commissioners.

    The clerk must procure at the expense of the county all necessary judges’ appearance, bar, judgment and, execution dockets, order books and final record books. [IC 33-32-3-1]

    The clerk is required to attend, in person or by deputy, the circuit court and enter in proper record books all orders, judgments, and decrees of the court. [IC 33-32-3-1]

    There are some exceptions to those requirements if the judge does not insist on the presence of the clerk at all times. Many judges assume the responsibility of administering oaths and swearing parties appearing in hearings or trials. Most judges employ a reporter to record the proceedings of the court; but it still remains the duty of the clerk to transcribe these proceedings into formal entries and enter them in the order book of the court. It is also a common practice for prosecuting attorneys to read the affidavits or indictments when defendants are arraigned. However, if the court, or judge thereof, requires the presence of the clerk, it is a part of the clerk's official duty and must be complied with.

    All courts orders, warrants, writs, process and other papers must be issued by the clerk upon order of the judge.

    The commencement of all actions, whether they be civil, criminal, probate, trusts, juvenile or any other actions must have their beginning by being filed, entered of record and indexed in the proper entry dockets. The issuance of letters in probate matters and trusts, the giving of legal notices in connection therewith, or notices in any other actions, when required by law, and performing all duties incidental thereto is a part of the clerk's duties. All inventories, reports, bonds, orders and all other proceedings incidental to the termination of estates, trusts, or any other kind of actions must be entered of record as provided by law.

    The clerk is the official custodian of all court records including the seal of the court. The seal is only used when affixed to documents that contain the signature of the clerk and judge. If it is necessary for the judge to make acknowledgments on documents, the clerk should attest the signature of the judge and affix the seal thereto.

    All transcripts of judgments received from other courts, to become a lien on real estate, must be entered by the clerk in the judgment docket and the transcript of the judgment shall be recorded in a record provided for that purpose.

    All bonds which are required by law to be filed, approved or recorded by the clerk must be entered of record and indexed in a book provided for that purpose.

    Executions, decrees and orders of sale, and fee bills must be issued by the clerk when ordered to do so by the parties obtaining the judgment, and then only upon the signing of a praecipe by the parties or the attorney of record.

    Accepting an application for marriage licenses and the issuance of marriage licenses is a required duty of the clerk. All marriage licenses shall be entered and indexed in a record providing for that purpose. Applications should be entered in order as received. The clerk shall forward records of marriage to the state department of health at least monthly. [IC 31-11-4-18]

    A monthly financial report as at the close of business on the last day of the preceding month must be prepared not later than the twenty-fifth day of the succeeding month. It is to be prepared in quadruplicate and the three copes filed with the county auditor. [IC 33-32-3-6]

    Each person commissioned by the governor as a railroad policeman shall file such commission and oath with the clerk of the circuit court of the county in which said policeman resides. The clerk shall record such oath and commission in the proper records. [IC 8-3-17-2]

    The clerk is charged with the duty of making an honest effort to collect all court costs. There is a general provision for the issuance of fee bills for clerk's and sheriff's costs within seventy-five (75) days after judgment is entered. Clerks are authorized to issue fee bills against either the plaintiff or defendant for the collection of costs due. [IC 33-37-4-10]

    The General Assembly has enacted various laws governing the duties required of the clerk in the matter of elections and registration of voters. The state election division has published a manual of election laws, rulings and opinions, for the guidance of all officials charged with election duties. The election division should be contacted directly regarding their manual and other election matters.

    Child support money will be received by the clerk from the party ordered to make such payment and the clerk must disburse a like amount to the party entitled to receive it. The purpose of support money is for the care and maintenance of a child, or children, or needy parents. The clerk should not delay disbursing support money unless ordered by the court. The Indiana Department of Child Services through the Child Support Bureau provides guidance on the administration of the child support program.

    If the clerk is an authorized representative of the Fish and Game Division of the Department of Natural Resources, the clerk may issue hunting, trapping and fishing licenses. [IC 14-22-11-3]

    Each agent who is authorized to sell licenses shall retain a seventy-five cent ($0.75) service fee. The clerk of the circuit court shall retain the service fees for each license issued on behalf of the county. Service fees retained shall be deposited into the county general fund. [IC 14-22-12-8] [IC 14-22-12-9]

    It is the duty of the clerk to certify judgments in quiet title suits to the county recorder and county auditor, and to tax recorder's fees therefor as a part of the costs of the proceedings.

    Clerks are required to attend an annual conference when called by the State Board of Accounts. Such conference shall be for the purpose of instructions in the proper use of prescribed forms, keeping of records and for other purposes which will result in the better conduct of public business. [IC 5-11-14-1]

    The clerk is required to file and enter into the judgment docket, as other judgments are entered, all warrants received from the Indiana Department of Revenue for the collection of delinquent income tax and sales tax covered by the warrants. The clerk is also required to file and enter in the judgment docket all warrants received from the Department of Workforce Development for delinquent unemployment compensation tax.

    The clerk shall keep a cash book for receipts and disbursements, and all other records prescribed or approved by the State Board of Accounts, for a strict accounting of all money received and disbursed by the clerk. All money must be deposited in a depository, designated by the county board of finance, not later than the first business day after it is received by the clerk.

    The clerk shall also keep a register of fees and funds held in trust for all persons which shall be entered as soon as received. The names shall be listed alphabetically, showing the cause number, the record reference where taxed, the amount so paid, date when paid into the clerk's hands and when disbursed. The clerk should never let items of trust accumulate. They should be disbursed to the person or persons entitled to receive them with reasonable promptness.

    Items of trust should always be entered for the benefit of the person, firm or unit of government by name. Such items should never be entered as "Cash," "Cash Bond," "Appraiser's Award," "State of Indiana," "Cash -- Change of Venue," "Cash of Unknown Heirs," "Cash to be Held," "Inheritance Tax Appraiser," "Old Check Receipted Back" or similar misnomers.

    All records, books and papers belonging to the office and all money held by the clerk must be delivered to the clerk's successor at the expiration of the clerk's term.

    In the discussion thus far we have not attempted to enumerate every duty the clerk is required to perform. Neither have we explained how to perform these duties or why they should be done. We have attempted to impress the clerk that the duties are many and varied. There is a great store of information contained within the laws that create and govern the duties of the clerk.

Official Records and Forms

  • Overview

    The State Board of Accounts is charged by law with the responsibility of prescribing and installing a system of accounting and reporting which shall be uniform for every public office and every public account of the same class and contain written standards that an entity that is subject to audit must observe. The system must exhibit true accounts and detailed statements of funds collected, received, obligated and expended for or on account of the public for any and every purpose. It must show the receipt, use and disposition of all public property and the income, if any, derived from the property. It must show all sources of public income and the amounts due and received form each source. Finally it must show all receipts, vouchers, contracts, obligations, and other documents kept, or that may be required to be kept, to prove the validity of every transaction. [IC 5-11-1-2]

    The system of accounting prescribed is made up of the uniform compliance guidelines and the prescribed forms. A prescribed form is one which is put into general use for all offices of the same class.

    Computer hardware, software and application systems can now produce exact replicas of the forms prescribed by the State Board of Accounts. An exact replica of a prescribed form is a computerized form that incorporates all of the same information as the manual prescribed form. Prescribed form replication is the preferred approach from the State Board of Accounts’ position. These exact replicas are the equivalent of the prescribed form and require no further action for the county to install the form within their accounting system.

    Governments are required by law to use the forms prescribed by this department. However, if it is desirable to use a form other than the prescribed manual form, that is not an exact replica; the new form must be approved by State Board of Accounts.

    All forms previously approved by sending copies to State Board of Accounts and receiving a form approval letter are approved with the conditions contained with the letter. All forms previously approved by the adoption of a resolution as allowed by County Bulletin article on Approval of Accounting Forms and Systems, published in Volume 354, pages 13-16 are also considered approved.

    After April 1, 2014, if a government implements, consistent with the provisions of Indiana Code and Uniform Compliance Guidelines, an automated accounting system that is to be considered for approval, the responsible official is not required to maintain the prescribed forms replaced by the automated system while awaiting the approval. New forms must be in place during at least one (1) State Board of Accounts audit and must not be an element of an audit finding or audit result and comment that is responsible or partially responsible for an exception found during an audit to be considered approved. The government is responsible for placing on new forms the year of installation in the upper right corner. This reference should be similar to “Installed in ______________ County, (Year).” The county must maintain and present for audit a log of forms installed after April 1, 2014 with the year installed for all forms that replace forms prescribed by State Board of Accounts.

  • Form Approval Conditions

    The government agrees to comply with the following conditions, if applicable, for any new forms installed.

    1. The forms and system installed are subject to review and/or recommendations during audits of the government to ensure compliance with current statutes and uniform compliance guidelines.
    2. The government shall continue to maintain all prescribed forms not otherwise covered by an approval.
    3. All transactions that occur in the accounting system must be recorded and accessible upon proper request. Transactions can be maintained electronically, with proper backups, microfilmed, or printed on hardcopy. These transactions include, but are not limited to, all input transactions, transactions that generate receipts, transactions that generate checks, master file updates, and all transactions that affect the ledgers in any way. The system must be designed so that changes to a transaction file cannot occur without being processed through an application.
    4. The ability must not exist to change data after it is posted. If an error is discovered after the entry has been posted, then a separate correcting entry must be made. Both the correcting entry and the original entry must be maintained.
    5. If the unit owns the source code, sufficient controls must exist to prevent unauthorized modification. If the unit does not own the source code, the vendor shall provide representatives of the State Board of Accounts with access to all computer source codes for the system upon request for audit purposes. In addition, the vendor shall provide representatives of the State Board of Accounts with a document describing the operating system used, the language that the source code is written in, the name of the compiler used, and the structure of the data files including data file names, data file descriptions, field names, and field descriptions for the system.
    6. Any receipts, checks, purchase orders, or other forms that require numbering shall be either prenumbered by an outside printing supplier or numbered by the units computer system with sufficient controls installed in the system to prevent unauthorized generation of the form or duplication of numbers.
    7. All receipts must be either in duplicate or recorded in a prescribed or approved register of receipts.
    8. All checks must be either in duplicate or recorded in a register of checks generated by the computer.
    9. Recap sheets for each deposit for deposit advices, if applicable, will be maintained indicating direct deposits. Individual wage assignment agreements will be kept on file to support direct deposit.
    10. "Installed by __________ County, (Year)" shall be printed, in the upper right corner, on each approved form furnished by a printing supplier and, when practical, on those printed from accounting systems at the unit. Upon the installation of a new form the form will be entered on a log for this purpose with the date of installation; and the name and number of the prescribed form replaced. The log must be available for audit.
    11. The government officials are responsible to ensure that forms and accounting systems installed comply with the uniform compliance guidelines for information technology services published in the County Bulletin and accounting manuals. This includes ensuring that customization of the system done by the vendor for implementation at the government is done in such a manner that the system remains compliant.
    12. In the event a change is required due to the passage of a State or Federal law, the government agrees to implement the change in a timely manner.

    Samples of all prescribed forms and records have been furnished each printer who holds the contract for the county. Insist that your vendor furnish only those that are prescribed and which conform to the legal requirements of the law. If there is some uncertainty as to the proper form of a record or other printed matters, consult the State Board of Accounts for information as to the form needed. Please refer to the form specimens in the appendix of this manual.

    If it is discovered that obsolete forms have been used or are being used, the proper prescribed records and forms must be procured and used as soon as replacements are necessary.

    The most important records to be discussed and those used more frequently by the clerk are:

    27A(Rev. 1989)Clerk's Cash Book of Receipts and Disbursements
    27CC(Rev. 1989)County Court Cash Book of Receipts
    40(Rev. 1998)Change of Venue Record
    40A(Rev. 1998)Change of Venue claim
    41(Rev. 1990)Clerk's Fee Book
    42(Rev. 1923)Estate Entry, Claim and Allowance Docket, and Fee Book
    43(1913)Guardianship Docket and Fee Book
    44(Rev. 1939)Register of Fees and Funds Held in Trust
    45(1913)Support Docket
    45A(Rev. 1960)Combination Receipt and Check for Support
    45L(1955)Support Docket - Loose Leaf
    46(Rev. 1993)Clerk's Cash Book and Daily Balance Record
    46CR(Rev. 1987)Monthly Report
    46SG(1991)Clerk's Support/Garnishment Returned Item Report
    74(Rev. 1971)Judgment Docket
    124CC(Rev. 1987)County Court/Traffic Violations Bureau Daily Transmittal Report
    126(Rev. 1997)Official Receipt
    138(1957)Record of Instruments Copied or Proofed
    139(Rev. 1960)Check
    362(1989)Report of Collections
    For All CourtsChronological Case Summary and Record of Judgments and Orders
  • Criminal and Juvenile Entry Docket

    This department has not prescribed a uniform entry docket for criminal and juvenile matters. However, the clerk is not resolved from keeping some kind of a record for entering actions in matters of this kind.

    The entry docket to be used in juvenile court is subject to the approval of the judge having jurisdiction in these matters. The record should be a volume arranged to meet all requirements necessary for juvenile matters.

  • Other Dockets and Records

    Execution dockets, bond and inventory records, lis pendens records, sheriff's return on decrees and orders of sale, inheritance tax and other similar records in which papers or filings are required to be copied, are usually designed to comply with the printed legal forms of the papers so filed.

  • Fee Book (Form No. 41)

    This record is commonly referred to by the clerks as the "entry docket" or "fee book." Its purpose is exactly what the official title implies. It is the docket wherein civil actions or like matters are entered when filed with the clerk. The issues and proceedings in the action are to be entered briefly in the section provided for that purpose. The fees for court costs, sheriff, witness, docket and any other fees or costs that are to be taxed in the cause, are to be entered in the proper columns designated for that purpose.

  • Estate Entry Docket - Fee Book - Claim and Allowance Docket, Guardian Docket and Fee Book (Form No. 42)

    The use of these records is the same as the civil entry docket. They may be called "probate entry docket" and "guardian entry docket." All proceedings pertaining to estates, guardianship or trusts are probate matters but are entered in separate records.

    The opening of estates, the application and issuance of letters of administration or letters testamentary, the probating of a will, the filing of claims against an estate, are to be entered in the probate entry docket.

    All costs required to be taxed in probate matters and any other fee incidental to the expense should be made to the page and number of the order book, or other record, where such proceedings are recorded.

    In matters pertaining to guardianships the same procedure is to be followed as in estate matters. All such proceedings shall be entered in the guardian entry docket in the proper places and in the same manner.

  • Judgment Docket (Form No. 74)

    The judgment docket is one of most importance and value. It is the record wherein all money judgments rendered by the court or jury are recorded. All judgments for fines and costs assessed against any person and not paid at the time must be entered in the judgment docket. All judgments and recognizance are to be entered within fifteen (15) days after its rendition. The Clerk shall cause a release of judgment to be entered on the judgment docket not more than fifteen (15) days after satisfaction of the judgment. [IC 33-32-3-2] [IC 33-32-3-4]

  • Court Order Book - Chonological Case Summary and Record of Judgments and Orders

    The Chronological Case Summary and Record of Judgments and Orders, as well as procedures for a case index and the procedures for creating court case files is governed by the Supreme Court of Indiana's Trial Rule 77, found in the Indiana Rules of Court. Further explanation of record creation, maintenance and disposal is covered in the Trial Court Administrative Manual, published by the Division of State Court Administration, Supreme Court of Indiana. For further information, questions, and explanation of procedures, contact the Division directly.

  • Clerk's Official Receipt, Clerk's Official Cash Book of Receipts and Disbursements, Daily Balance and Monthly Report

    These are records to be used for accounting purposes and must be kept in compliance with the requirements of the State Board of Accounts. The official receipt must be given to persons paying money to the clerk and the cash book of receipts and disbursements and the daily balance are to be used to record each day's transactions in which cash is received or disbursed.

    Prescribed Receipts, No. 126, shall be prenumbered and issued in duplicate. The duplicate is to be retained by the clerk and used as a posting media for receipts to the cash book.

    Prescribed Check, No. 139, shall be prenumbered and issued in duplicate. The duplicate check is to be retained by the clerk and used as a posting media for disbursements to the cash book.

    Prescribed Form No. 27A, Clerk's Cash Book of Receipts and Disbursements has to be used to record receipts and checks issued. The receipts and disbursements should be totaled daily and recorded in the Clerk's Cash Book and Daily Balance Record, Form No. 46.

    The Clerk's Cash Book and Daily Balance Record, Form No. 46, is a summary of the cash book of receipts and disbursements. It should be kept daily and is posted from the cash book of receipts and disbursements. It is a record that should reveal a cumulative total of all funds received and disbursed, the depository balance at the end of each day and the amount of cash in the office at the close of each day. It is a very valuable guide in bookkeeping procedures. Clerks who do not properly use this record usually experience difficulty in making a cash reconcilement and balancing the records at the end of the month.

  • Monthly Report (Form No. 46CR)

    The clerk is required to prepare in quadruplicate a monthly financial report. The report is prepared after the books are closed as of the last day of each month and in accordance with the requirements of IC 33-32-3-6. Form No. 46CR is to be used.

    The report is made from the Clerk's Cash Book and Daily Balance Record, Form No. 46, and bank statements furnished by the designated depositories showing balances as of the last day of each month. If Monthly Report, Form No. 46CR is maintained electronically at the county, the form may be submitted via email.

  • Report of Collections (Form No. 362)

    The clerk is required to report to the county auditor and pay into the county treasury as of the last day of each month all fees due the county, fines, forfeitures, and any other money required by law or ordered by the court to be reported and paid into the county treasury.

    Form No. 362 has been prescribed for reporting costs and fees collected to the county auditor. The form should be prepared from the monthly totals in the Cash Book of Receipts and Disbursements (Form 27A) and is the source document which enables the county auditor to make proper distribution of costs and fees collected. Remittance of collections must be made by the 10th day after each month end.

  • Record of Instruments Copied or Proofed (Form No. 138)

    Form No. 138 is designated to provide a permanent record for preparing or proofing any submitted copy of any transcript of any record or copy of any record or instrument either in typewritten, longhand or photostatic form.

  • Register of Fees and Funds Held in Trust (Form No. 44)

    This record is commonly referred to as the "trust fund register." It is a register wherein money received for the benefit of all persons or parties, except support, is entered in detail. The posting to this record is made from the clerk's duplicate receipts and checks and from the trust column of the cash book. Items entered in other columns of the cash book must not be posted in the trust fund register. The total of all unpaid items as shown by the trust fund register must agree with the balance in trust as shown by the cash book.

  • Change of Venue Record (Form No. 40)

    This is a record wherein all causes received from another county must be entered. They must be entered in the entry docket first, as other causes are entered, and in addition are to be entered in the change of venue record. It is a record of great importance and must be kept as an official record by each clerk in every county. The use of this record will be explained in another section of this manual.

  • Change of Venue Claim of Expense

    This form is to be prepared by the clerk, in duplicate, and filed with the county auditor. The claim form complies with the requirements of IC 34-35-5-2.

    The claim is to include a brief reference to the proceedings had in the trial court and an itemized statement of the expense of the proceedings or trial.

    It is to be audited and allowed by the trial court and certified by the clerk. It is forwarded by the auditor of the trial county to the auditor of the county of origin for payment.

  • Clerk's Record Perpetuation Fund

    The clerk shall have a Clerk's Record Perpetuation Fund in which revenue received for the transmitting of documents by facsimile machine and revenue collected from document storage fees are deposited.

    The clerk may use any money in the fund for the preservation of records or the improvement of record keeping systems and equipment, after appropriation by the county council.

Use of Records
Filing Complaints Procedural Instructions - Disposition of Papers

  • Overview

    This section offers a general discussion of recommended methods of procedure. The accomplishment of proficiency must come from experience, reading the statutes, self-application to duty and by accepting advice and instructions from those who are well informed in the legal requirements of procedure.

Civil Entry Docket: Filing Complaint - Endorsement

  • Overview

    The clerk shall endorse the time of filing on each writing required to be filed in the office of the clerk. [IC 33-32-3-1] This means that the clerk will affix his or her file stamp to all copies of complaints or papers. The stamp will at least contain the word "filed," the date of filing with the official title of the office.

  • Numbering

    After the complaint is marked "filed" it will be assigned the next consecutive case number after the last case entered in the entry docket. The case number will be noted on all papers.

  • Entering

    The complaint will then be entered numerically in the entry docket on the next succeeding blank page. The entry shall include such information as is shown on the complaint, for example, case number, date of filing, kind of action, name of plaintiff's attorney, and the names of all plaintiffs and defendants to the action.

  • Issuing Process

    The clerk will then issue a summons or notice by publication in accordance with the attorney's endorsement on the complaint. The summons will be issued to the sheriff of the county of residence of the defendant or notice will be given by publication as required by law. The attorney will endorse the complaint for service and specify the return date. The clerk will issue such notice accordingly. The summons or notice will be issued by the clerk with the clerk's signature and title affixed thereto and under the seal of the court.

  • Attorney General to be Served When Actions are Brought Against the State

    When the State of Indiana is a party to an action, a copy of the complaint, petition, bill, or pleading shall be served on the Attorney General. The action shall not be deemed to have commenced until such service. A copy of all motions, demurrers, petitions, and pleadings filed thereafter are to be served on the Attorney General by the filing party when he has appeared in any such suit. [IC 4-6-4-1]

    Service on the Attorney General, when required by this chapter, shall by personal delivery to the Attorney General or any Deputy Attorney General or by registered mail with return receipt. This service is in addition to the service of summons or process required by other laws. [IC 4-6-4-2 and IC 4-6-4-3] The clerk will make a notation of the issuance of service in the space of the entry docket designated for that purpose.

  • Indexing

    After the case is properly entered the next step is to index, in the names of both plaintiff and defendant, in the index section of the entry docket. The index reference should show the case number, names of parties, and page where entered;

    e.g., 12345 Roe, Robert vs. John Doe 223
    12345 Doe, John ads Robert Roe 223

    Many clerks do not index records in the names of both parties. Generally records are indexed to include only the name of the first party plaintiff where more than one plaintiff is bringing the action. It will, however, afford convenience in the future if clerks will index records so as to include all names of the parties to the action. The clerk must always remember that indexing is a very important matter. Great care should be exercised in indexing all records accurately.

  • Filing Papers

    The case is now filed, entered of record, summons or notice issued, and properly indexed. All papers are now in the custody of the clerk. The original and duplicate hard copy filings are to be separated and the clerk will file them in folders designed for that purpose. On the outside the clerk will write the same information that was entered in the entry docket, the cause number, title of cause, attorney's name and entry docket number and page where recorded. The duplicate papers should be filed in the office of the clerk and original copies of the papers are to be filed in the files of the court. Electronic filings are made in accordance with the rule and policies of the court.

  • Bench or Issue Docket

    It is the accepted procedure for the clerk or deputy assigned to the court to prepare a docket sheet for the issue docket or judge's bench docket. The docket sheet will show the actions of the clerk thus far. The docket sheet should show the case number, date filed, kind of action, title of the case, and plaintiff's attorney. The minutes to be entered by the clerk for the judge should be substantially in the following term:

    "Complaint filed, endorsed for service to the Sheriff County, (or notice by publication) returnable . Summons (or notice) issued accordingly."

  • Filing Docket Sheet

    The docket sheet is to be filed numerically in the bench or issue docket. An index should be prepared and inserted in the front of the docket. The index should be listed in alphabetical order as to the names of the plaintiffs, followed by the case number of each action.

    The bench or issue docket will be used to record all subsequent proceedings of the court until the case is finally disposed of: The clerk will write all formal entries that are to be recorded in the order book from the minutes of the docket sheet.

    After the case has been duly entered of record and subsequent filings, pleadings, petitions, orders, or any other proceedings will be filed with the court in term time and with the clerk in vacation. Such filings will be noted by entry on the docket sheet of the bench docket.

  • Appearance by Attorney

    If an attorney enters his appearance in behalf of the defendant, the clerk should enter the name of the attorney in the space designated for that purpose in the entry docket where the action was filed.

  • Return of Summons

    When the summons is returned to the clerk by the sheriff who received it, or when the party or attorney for the party returns the proof of publication of the legal notice, the clerk shall make such notation of the return in the entry docket and record the printer's fees for the publication.

  • Filing Summons

    The summons will then be filed in the jacket with the other papers of corresponding number, either in the clerk's office or in the court files, according to custom in your county. The summons or proof of publication must be carefully preserved so that proof of service may be made to the court.

  • Entering a Change of Venue Case

    If a case is received on a change of venue, the clerk will enter the filing of such case in the same manner as heretofore explained. In addition thereto, the clerk shall make a notation showing that the case was received on change of venue, the name of the county and the case number in the county of origin. The notation should be in a conspicuous place, preferably under the title of the case, and substantially in the following form:

    "Change of Venue (C/V) from County, Its No ." The costs that have accrued in the county of origin as shown by the transcript or statement attached, shall be entered in the cost section of the entry docket under "Trust Items." The costs should be entered "in total" as the amount due the county of origin. The entry should be:

    "Costs due County $ ," and extend the total amount to the cost column to be included with other costs that will be taxed in your county."

  • Minutes in Entry Docket

    A procedure most neglected by clerks is the failure to enter a brief minute of each proceeding or issue in the space designated for that purpose. The entry docket should reveal, at all times, the progress or status of a case in litigation. References to the order book number and page where such proceedings are entered by formal entry, should be noted in the column of the entry docket designated for that purpose.

  • Order Book - Entries to be Made

    From the time a complaint is filed to the final disposition of the case in litigation, the clerk is required to enter in the order book of the court a record of all proceedings, orders, findings, judgments or any other record made by the court. These entries are made from the minutes as shown by the bench docket sheet and are entered in the order book by the order of the court or judge thereof. The entries must be entered as of the judicial or calendar date when such record is made. The entries will include all pertinent information that will make a complete record of the entire proceedings, orders or judgments for the court. The requirements of all statutory provisions will be incorporated therein.

  • Form of Entry

    Order book entries are usually written in a manner that follows a general form pertaining to various matters as recommended by recognized legal authorities; or they are written by attorneys who desire to furnish their own entries that will fully cover the subject matter. Such prepared entries are usually submitted to the judge for his approval and signature, and then submitted to the clerk to be copied in the order book of the court.

  • Who to Furnish

    It is the responsibility of the interested attorney to prepare and furnish the order book entry for the clerk. It is possible for the clerk to write many of the entries. This will be especially true when the minutes of the court are complete. If there is some doubt in the mind of the clerk of the ability to write an entry in compliance with all legal requirements, the clerk should not hesitate to ask the attorney to furnish the entry.

    Each entry must be properly indexed in the index action of the order book. If a brief minute of the proceedings has been entered in the entry docket, a reference to the order book number and page should be entered therein.

  • Prepare for Final Filing

    When the minutes of the court show a final disposition of the case, and after the final entry has been recorded in the order book, the clerk is ready to complete all final transactions by proper entry in every record. The clerk will tax all costs in the proper entry docket, enter judgments in the judgment docket, index for final filings, and place on file all papers incidental to the case -- there to be permanently preserved as records of the court.

    It is very important to complete all records by indexing, noting cross reference to other records, and indicating where the papers may be found in the place provided for final filing. The future may bring many requests to refer to papers in a completed case.

  • Docket Sheet Removed

    After the minutes of final disposition have been written by formal entry in the order books and indexed, and reference to the order book has been noted on the docket sheet, the clerk should remove the sheet from the active docket.

  • Permanent Files

    All papers incidental to the cause in litigation must be filed in a permanent and convenient place easily accessible for ready reference.

    The clerk will arrange for a place or establish a system whereby all such papers relating to the case are assembled and orderly placed in a permanent file. The place of filing should be noted on the docket sheet.

    Some clerks still follow an established precedent of folding all papers, assembling them under the case number and inserting them in a scabbard or jacket. The jacket or scabbard is then filed in the file boxes or document files. Each case should be identified on the outside of the jacket by number, title, file box or other pertinent information necessary to identify the case and place of filing in case of removal from the permanent file.

    Some clerks have changed from the file box to a flat filing system. This consists of assembling all papers and clamping them in a legal size folder. The folder is filed numerically in a legal size document file.

  • Entering Judgment

    The clerk of the circuit court of each county shall keep a judgment docket in which the clerk shall, upon the filing in the office of a statement docket or transcript of any judgment for the recovery of money or costs, as hereinafter provided, enter and index in alphabetical order a statement of such judgment showing:

    1. The names, of all the parties, the name of the court, the number of the case, the book and page of the record wherein the judgment is recorded, the date the judgment is entered and indexed, the date of its rendition; and the amount of the judgment and the amount of costs.
    2. If the judgment is against several persons, the statement shall be repeated under the name of each judgment debtor in alphabetical order. Any person interested in any judgment for money or costs which shall have been rendered by any state or federal court of general original jurisdiction, sitting in the state of Indiana, may have the judgment entered upon the circuit court judgment docket by filing in the office of the clerk of the circuit court of any county in this state, a statement thereof setting forth the above facts, or a transcript of said judgment, certified, under the hand and seal of the court rendering said judgment: and such clerk shall enter the judgment upon the judgment docket in manner and form as aforesaid. [IC 33-32-3-2]

    A clerk shall enter a judgment or recognizance within fifteen (15) days after its rendition or cause a release of judgment to be entered on the judgment docket, not more than fifteen (15) days after satisfaction of the judgment. [IC 33-32-3-4]

  • Minutes Recorded in Entry Docket

    After the judgment has been entered in the judgment docket from the docket sheet, a brief minute of the final disposition of the case should then be entered in the entry docket.

    The entry docket should also show the date of disposition; the order book number and page wherein the final entry is recorded; amount of judgment; name of judgment debtor; and reference to the judgment docket and page where it is recorded. Reference should also be made to the place of filing all the papers in the permanent or final file.

    These references are to be entered in the space of the entry docket designated for that purpose. A cross reference to the entry docket number and page should be entered on the docket sheet.

  • Taxing Costs

    While the entry docket is open, the clerk should tax all costs that have been created because of the litigation. Items of costs shall be taxed in the proper spaces and columns designated for that purpose and in amounts as required by IC 33-37.

  • Assemble Papers for Final Filing

    If all transactions have been completed thus far, the clerk will assemble all papers that have been filed in connection with the case. The papers should be placed in a jacket or folder that was prepared when the case was filed. Enter the number of the file box or designated place of filing on the outside of the jacket or folder in the place designated for that purpose. File all assembled papers in the place designated as a permanent final file.

  • General Indexing Final Files

    If all record references and file box numbers have been noted on the docket sheet, it is an easy matter to enter in "the general index of disposed matters," from the docket sheet, a complete record of the case. The general index should be kept by all clerks. It should be indexed under the proper title of the case, showing the case number, entry docket and page, judgment docket and page, order book number and page of final entry, and file box number or designated place wherein all papers are finally titled.

  • Filing Docket Sheet

    The docket sheet should be filed numerically in either a transfer binder designated as "Docket- Disposed of Cases.” The docket sheet will be filed as a permanent record of the court. It will remain in such transfer docket until such time as it may be referred to or ordered reinstated to the active docket.

  • Issuing Executions

    If the clerk is requested by praecipe to issue an execution or decree and order of sale to the sheriff, the clerk shall so issue and record his or her doings in the entry docket where the case was filed. The clerk shall also make such entries as are required in the proper execution docket. When the sheriff returns the execution, the return shall be copied in the proper execution docket.

  • Directive Duties

    Thus we have attempted in a general way to process a case from beginning to end. There are many duties that the clerk must perform by directives. Such directive duties are performed by statutory authority. It is the usual custom for the attorney to prepare such papers as are necessary and to instruct the clerk in the correct legal procedure.

  • Value of Entry Docket

    The clerk must realize that the entry docket is a valuable record if properly kept. It is the source of all information.

The Criminal Entry Docket: Use of Records - General Instructions

  • Overview

    Criminal actions must be entered in the same manner as in civil matters. The procedure is fundamentally the same except as it is necessary to conform to the requirements in criminal matters.

  • Filing Criminal Entry

    A criminal action is begun by the filing of an approved affidavit by the prosecuting attorney or by an indictment or true bill returned by the grand jury.

  • Entering Criminal Entry

    Upon receipt of the affidavit or indictment the clerk will affix his or her file stamp thereto, number the case as in civil matters, and enter it in the criminal entry docket or docket where like matters are entered. The caption will be "State of Indiana versus the defendant." The clerk will show the nature of the charge or charges and whether the charge is by affidavit or by indictment.

  • Warrant Issued

    The clerk will issue a warrant for the arrest of the defendant upon the direction of the court or judge thereof. The warrant will be signed by the clerk and attested by the seal of the court. The warrant will be issued to the sheriff of the county where the affidavit or indictment is filed unless directed otherwise by the prosecuting attorney. The warrant may be issued to the sheriff of any other county or to any police officer.

  • Docket Sheet

    After the case is entered, indexed and warrant issued, the clerk will prepare a docket sheet for the bench docket. The caption will be the same as that entered in the entry docket. The minute on the docket sheet will read substantially:

    "Approved affidavit filed, (or indictment filed) warrant ordered, issued accordingly."

  • Copy Affidavit or Indictment

    The clerk will copy the affidavit in the Affidavit Record or the indictment in the Indictment Record. These records will be indexed in the name of the defendant.

  • Warrant Returned

    The sheriff's return on the warrant will be entered in the same manner as a return of a summons and the fee will be taxed accordingly.

  • Copy Bond

    If the sheriff accepts a bail bond or recognizance he shall return it to the clerk forthwith and the clerk shall copy such bond in the proper bond record. [IC 35-33-8.5-2]

  • Filing

    After the bond is copied it should be filed in the jacket with the other papers in the case.

  • Commitment

    If sentence is imposed at the final hearing or trial and the defendant is ordered committed to the custody of the warden or superintendent of a penal institution, the clerk will issue a commitment to the sheriff. The commitment will be directed to the warden or superintendent of the institution. It will recite the conviction and sentence in accordance with the terms of such conviction imposed.

  • Certified Copy

    The commitment will be issued under the seal of the court or through electronic means. A certified copy of the judgment of the court must accompany the commitment if the defendant is sentenced to imprisonment. [IC 35-38-3-2]

  • Entries in Order Book

    The clerk will enter all proceedings from time to time in the order book and entry docket as in civil matters.

  • Final Files

    After final disposition of the case the clerk will make all necessary entries in the proper records and complete all transactions otherwise required for filing in the final files.

Juvenile Records: Use of Records - General Instructions

  • Juvenile Resources - Use of Records - General Instructions

    It is apparent from the statutes that the judge has great authority in juvenile matters. The clerk is required to keep records and proceedings as directed by the judge. Whether actions are complaints, affidavits, or petitions depends upon the statutes. The entering of such must be in conformance with the wishes of the court. The clerk should keep an entry docket and other records as the court may direct. However, the clerk must always be mindful that statutory provisions make the clerk the scribe of the court and the clerk is required to keep the proceedings of the court in accordance therewith.

    Regardless of the type of books that may be used the clerk must follow the same procedure in juvenile matters as in civil matters. All procedural and ministerial duties will be in the same general manner and in accordance with the statutes in juvenile matters and the order of the court.

Probate - Opening Estates - Use of Records - General Instructions

  • The Probate Code

    This article shall be known and may be cited as the "Probate Code." [IC 29-1-1-1]

    If any situation arises in any probate proceeding not provided by the code or any statute or rule of procedure, the court has authority to formulate and declare a rule of procedure for that particular case. The only limitation is that such rules and forms are not inconsistent with the provisions of the code of the rules and forms promulgated by the Supreme Court. [IC 29-1-1-7]

  • Opening of Estate

    Every application to the court, unless otherwise provided shall be by petition signed and verified by or on behalf of the petitioner. No defect of form or substance in any petition, nor the absence of a petition, shall invalidate any proceedings. Interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests, or another appropriate manner. [IC 29-1-1-9]

  • Petition for Probate of Will and Appointment of Personal Representative

    Any interested person or a personal representative named in the will may petition the court having jurisdiction of the administration of the decedent's estate:

    1. To have the will probated;
    2. For the issuance of letters testamentary to the execution named in the will;
    3. For the appointment of an administrator with the will annexed if no executor is designated in the will or if the person so designated is not qualified, dead or refuses to serve;
    4. For the appointment of an administrator for the estate of any person dying intestate.

    A petition for probate may be combined with a petition for the issuance of letters testamentary, or as administrator with the will annexed, and a person interested in the probate of a will and in the administration of the estate may petition for both.

    No notice that a will is to be offered for probate or that it has been probated shall be required.

    No notice of the filing of, and hearing on, the petition described in this section shall be given to, or served, upon any person. If the petition described herein is filed in term time, it shall be heard forthwith by the court, and if filed in vacation it shall be heard by the judge of said court if present, or in his absence by the clerk of said court. [IC 29-1-7-4]

    The venue for the probate of a will and for the administration of an estate shall be:

    1. In the county in this state where the decedent had his or her domicile at the time of death.
    2. When not domiciled in this state, in any county in the state where he or she left any property at the time of his or her decease; or into which county any property belonging to his or her estate may have come after his or her decease.

    If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of the venue by the court in the county where first commenced. Where jurisdiction has been finally determined, all proceedings in the other counties shall be dismissed.

    If the venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county. The proceeding shall be deemed commenced by the filing of a petition. The proceeding first legally commenced shall extend to all of the property of the estate in this state.

    If it appears to the court before the decree of final distribution in any proceedings that the proceeding was commenced in the wrong county or it would be for the best interests of the estate, the court may order the proceeding with all papers, files, and a certified copy of all orders transferred to another court having probate jurisdiction, which other court shall proceed to complete the administration proceedings as if originally commenced therein.

  • When Letters to be Issued

    Letters testamentary, of administration, of administration with the will annexed, de bonis non, and all other letters special or otherwise, shall be issued to the person entitled to receive the same when:

    1. The person, if an individual, has taken and subscribed an oath or affirmation that he or she will faithfully discharge the duties of his or her trust and furnishes bond as may be required and such bond has been approved by the court.
    2. The same is true if a bank or trust company has filed an acceptance of the appointment. If a bond is required, such bond must also be approved by the court. The oath and, if a bank or trust company, also the acceptance shall be filed and recorded as a part of the proceedings of the estate. [IC 29-1-10-3]
  • Persons Entitled to Domiciliary Letters

    Domiciliary letters testamentary or of general administration may be granted to one or more persons in the following order;

    1. To the executor or executors designated in the will;
    2. To the surviving spouse, or to the person or persons nominated by the surviving spouse or the surviving spouse and the person or persons nominated by the surviving spouse;
    3. To the next of kin, or persons nominated by them, or any of them or to the next of kin, or any of them, and the person or persons nominated by the next of kin or any of them;
    4. If no executor is named in the will, or if the executor named does not qualify, or if there is no surviving spouse or next of kind, or if no such person files a petition for letters within thirty days after the date of death of the decedent, then to any other qualified person. [IC 29-1-10-1]
  • Persons Not Qualified to Serve

    No person is qualified to serve as a domiciliary personal representative who is:

    1. Under eighteen years of age;
    2. Of unsound mind;
    3. A convicted felon;
    4. A resident corporation not authorized to act as a fiduciary in this state;
    5. A person whom the court finds unsuitable. [IC 29-1-10-1]
  • Appointment of Successor Personal Representative

    When a personal representative dies, is removed by the court, or resigns and such resignation is accepted by the court, the court may, and if he or she was the sole or last surviving personal representative and administration is not completed, the court shall appoint another personal representative in his place. [IC 29-1-10-7]

    When a successor personal representative or an administrator with the will annexed is appointed, he or she shall have all the rights and powers of the predecessor or of the executor designated in the will, except that he or she shall not exercise powers given in the will which by its terms are personal to the executor therein designated. [IC 29-1-10-8]

  • Special Administrators

    Special administrators may be appointed if:

    1. From any cause delay is necessarily occasioned in granting letters; or
    2. Before the expiration of the time allowed by law for issuing letters, any competent person shall file his affidavit with the clerk that anyone is intermeddling with the estate or that there is no one having authority to take care of the same; or
    3. If any person shall have died testate and objections to the probate of the will shall have been filed as provided by law.

    The appointment of a special administrator may be for a specified time to perform duties respecting specific property, or to perform particular acts shall be stated in the order of appointment. The fact that a person has been designated as executor in a decedent's will shall not disqualify him or her for being appointed special administrator of such decedent's estate or any portion thereof.

    The special administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of his authority. Otherwise, and except as the provisions of this code by terms apply to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives in this code shall apply to special administrators. The order appointing a special administrator shall not be appealable. [IC 29-1-10-15]

  • Personal Representative Bond

    A personal representative is not required to execute and file a bond relating to the duties of the office unless:

    1. The will provides for the execution and filing of such a bond; or
    2. The court finds, on its own motion or on petition by an interested person, that a bond is necessary to protect creditors, heirs, legatees, or devisees. [IC 29-1-11-1]
  • Approval of Bonds

    No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved and the approval endorsed thereon in writing. The approving authority may require evidence as to the value and character of the assets of personal sureties, including an abstract, certificate or other satisfactory evidence of title of every tract of real property which is offered as security. If the bond is not approved, the personal representative shall, within such time as may be directed, secure a bond with satisfactory surety or sureties. [IC 29-1-11-6]

  • Failure to File Bond - Letters Revoked

    If a personal representative fails to give a bond as required by the court, within the time fixed by the court, some other person shall be appointed in his or her stead. If letters have been issued, they shall be revoked. [IC 29-1-11-7]

  • Will to Be Proved

    Before a will shall be admitted to probate it shall be proved by one or more subscribing witnesses, or if all of them are dead, out of the state or have become incapacitated for any reason since attesting the will, then the will shall be admitted to probate upon proof of the handwriting of the testator or of two of the subscribing witnesses. [IC 29-1-7-9]

  • Proof Before Evidence of Handwriting Admitted

    If none of the subscribing witnesses to a will can be found, or if all are dead, absent from the state or incapacitated, one or more of these situations shall be proved to the satisfaction of the court before evidence of the handwriting of the testator or of the subscribing witnesses provided for in IC 29-1-7-9 shall be admitted in evidence. [IC 29-1-7-10]

  • Proof Required for Probate and Grant of Letters

    When a will is offered for probate, if the court finds that the testator is dead and that the will was executed in all respects according to law, it shall be admitted to probate as the last will of the deceased, unless objections are filed as provided in IC 29-1-7-16.

    On a petition for the qualification of an executor or for the appointment of an administrator the court shall grant letters accordingly or, on proper grounds, may deny the petition.

    If the will is self-proved, compliance with signature requirements for execution and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and verifications annexed or attached to the will, unless there is proof of fraud or forgery affecting the acknowledgment or verification. [IC 29-1-7-13]

  • Certificate of Probate

    When proved as herein provided, every written will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the court of such order of probate, which certificate shall give the number and page of the will record where it is recorded. If for any reason a written will is not in the custody of the court, or if the will is oral, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents and a certificate shall be annexed as above provided. Every will certified as herein provided, or the record thereof, or a duly certified transcript of the record, may be read in evidence in all the courts within this state without further proof. [IC 29-1-7-14]

  • Foreign Wills

    A will that has been proved or allowed in any other state or in any foreign country according to the laws of that state or country, may be received and recorded in this state before the deadlines in IC 29-1- 7-15.1(d), unless the will is probated for a purpose listen in IC 29-1-7-15.1(e), in the manner and for the purposes stated below.

    Such will shall be certified under the seal of the court or officer taking such proof; or a copy of such will and the probate thereof shall be duly certified under the seal of the court or office by the proper officer or clerk who has the custody of probate thereof. Such certificate shall be attested to be authentic by the presiding or sole judge.

    Such will and the probate thereof may be produced in the court of the county where there is an estate on which the will may operate. If the court is satisfied the instrument ought to be allowed as the last will of the deceased, such court shall order the same to be filed and recorded by the clerk. [IC 29-1-7-25; 29-1-7-26; 29-1-7-27]

  • Entering in Records

    A foreign will should be given a number and entered in the estate entry docket as any other estate. A brief minute should be made that the transcript of the will was entered for record only. The transcript of the will and probate thereof should be recorded in the will record and indexed.

  • Fee

    The cost of filing and recording a foreign will is the same amount as is charged for probating and
    recording a will proved in the local court. [IC 33-37-4-7]

  • Election to Take Against Will

    When a married individual dies testate as to any part of the individual's estate, the surviving spouse is entitled to take against the will under the limitations and conditions set forth in IC 29-1-3.

    The election shall be recorded by the clerk in the record of wills, marginal reference being made from such record to the book and page in which such will is recorded, and from the record of such will to the book and page where such election is recorded. [IC 29-1-3-1 to 29-1-3-3]

  • Revocation of Probate of Will - Clerk's Duty

    Whenever the probate of any will is revoked, the clerk of the court shall record such revocation in the record of wills and attest the same. [IC 29-1-7-22]

  • Will Contest - Bond Approved by Clerk

    The plaintiff in an action to contest a will shall file a bond with sufficient sureties and amount to be approved by the clerk. The bond is conditioned for the due prosecution of the proceedings and for the payment of all costs therein in case judgment is rendered against the plaintiff. [IC 29-1-7-19]

  • When to Enter Proceedings

    After all preliminary proceedings have been held before the court, or judge or clerk in vacation, the will has been duly probated, the applicant has qualified by furnishing bond and taking the oath, all such proceedings are to be entered in the proper probate records.

  • Probate Records

    The Probate Code requires the clerk to maintain the following records in addition to such other records as the judge having probate jurisdiction shall provide for:

    1. An index in which estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the protected person. After the name of each shall be shown the docket number and page wherein entries pertaining to such decedent's or ward's estate appear.
    2. Decedent's and guardianship estate dockets, in which shall be listed in chronological order under the name of the decedent or protected person, all documents filed or issued and all orders, judgments, and decrees made pertaining to the estate, the date, and a reference to the volume and page of any other book in which any record shall have been made of such document.
    3. A record of wills, properly indexed, in which shall be recorded all wills admitted to probate and a record of the testimony of a witness examined, subscribed by the witness and attested by the clerk with the clerk's signature and seal of office. The will with the testimony and attestation to be certified by the clerk to be a complete record.
    4. An order book, in which shall be entered all proceedings with respect to the estate in conformity with the law pertaining to order books of circuit courts of this state and with the rules of the court. [IC 29-1-1-23]
  • Estate Entry - Claim and Allowance Docket - Fee Book (Form No. 42)

    The Probate Code of 1953 and later amendments did not change the form of this record. It is described in detail at IC 29-1-1-23. We will refer to the docket as the "probate entry docket."

    On the left hand page shall be kept the general entry docket of all proceedings and transactions, and the taxing of costs and fees incurred in the administration of the estate. On the corresponding right hand side will be the claim and allowance docket wherein all claims against the estate will be entered and the disposition thereof will be noted.

  • Entering in Docket

    As soon as letters are issued the clerk shall enter the opening of the estate in the probate entry docket. The information will be taken from the application for letters. The estate will be numbered consecutively, the name of the decedent, date of death, name of executor or administrator, address, date letters issued, amount of bonds and sureties thereon will be entered in the proper spaces. All proceedings with respect to the estate shall be entered on the same page. [IC 29-1-1-23]

    For convenience the mailing address and name of the attorney representing the estate should also be entered.

  • Endorsement of Probate

    The clerk will affix their file stamp to all papers and number each paper to agree with that of the entry docket.

  • Administration of Oaths

    The clerk will administer all oaths to the person qualifying, as are required, and will attest the oaths by signature and seal.

  • Issue Letters

    Letters will be issued to the executor or the administrator under the signature of the clerk and seal of the court. The letters shall be conclusive authority of the person to whom granted to perform all acts in the administering of the estate.

  • Notice of Administration [IC 29-1-7-7]

    As soon as letters testamentary or of administration, general or special, supervised or unsupervised, have been issued, the clerk of the court shall publish notice of the estate administration.

    The notice shall be published in a newspaper of general circulation, printed in the English language and published in the county where the court is located, once each week for two (2) consecutive weeks. A copy of the notice, with proof of publication, shall be filed with the clerk of the court as a part of the administration of the estate within thirty (30) days after the publication. If no newspaper is published in the county, the notice shall be published in a newspaper published in an adjacent county.

    The notice shall be served by first class postage prepaid mail on each heir, devisee, legatee, and known creditor whose name and address is set forth in the petition for probate or letters except as otherwise ordered by the court. The personal representative shall furnish sufficient copies of the notice, prepared for mailing, and the clerk of the court shall mail the notice upon the issuance of letters.

    The personal representative or the personal representative's agent shall serve notice on each creditor of the decedent:

    1. whose name is not set forth in the petition for probate or letters
    2. who is known or reasonably ascertainable within one (1) month after the first publication of notice and
    3. whose claim has not been paid or settled by the personal representative.

    The notice may be served by mail or any other means reasonably calculated to ensure actual receipt of the notice by a creditor.

    Notice shall be served within one (1) month after the first publication of notice or as soon as possible after the elapse of one (1) month. If the personal representative or the personal representative's agent fails to give notice to a known or reasonably ascertainable creditor of the decedent within one (1) month, the period during which the creditor may submit a claim against the estate includes an additional period ending two (2) months after the date notice is given to the creditor. However, a claim filed under IC 29-1-14-1(a) more than nine (9) months after the death of the decedent is barred.

    A schedule of creditors that received notice shall be delivered to the clerk of the court as soon as possible after notice is given.

    The giving of notice to a creditor or the listing of a creditor on the schedule delivered to the clerk of the court does not constitute an admission by the personal representative that the creditor has an allowable claim against the estate.

    If any person entitled to receive notice is under a legal disability, the notice may be served upon or waived by the person's natural or legal guardian or by the person who has care and custody of the person.

    Notice of Administration

  • Service of Notice

    Unless waived and except as otherwise provided by law, all notices required by this article to be served upon any person shall be served as the court shall direct by rule or in a particular case, by:

    1. delivering a copy of the notice to the person or by leaving a copy of the notice at the person’s last and usual place of residence, at least ten (10) days before the hearing, if the person is a resident of the state of Indiana;
    2. publication, if the person is a nonresident of the state of Indiana or if the residence is unknown, once each week for three (3) weeks consecutively in a newspaper printed and circulating in the county where the court is held, the first day of publication to be at least thirty (30) days prior to the date set for hearing; or in case there be no newspaper printed in the county, then in a newspaper circulating in the county where the proceeding is pending, and designated by the judge or clerk;
    3. first class postage prepaid mail, addressed to the person located in the United States, at the person’s address stated in the petition for the hearing, to be posted by depositing in any United States post office in this state at least fourteen (14) days prior to the date set for hearing in such notice;
    4. personal service on nonresidents to be served by any officer authorized to serve process in the county of the nonresident, which notice shall be served at least fourteen (14) days prior to the date set for hearing in such notice; or
    5. any combination of two (2) or more of the above.

    In all cases where service by publication is ordered but personal service or service by registered mail is not ordered, all persons directed by the provisions of this article, or by order of the court, to be notified, whose names and addresses are known or can by reasonable diligence be ascertained by the party charged with the duty of giving notice, shall in addition to the published notice be served by a written notice by United States first class postage prepaid mail at least fourteen (14) days prior to the date set for hearing in the notice. The personal representative or party charged with the duty of giving notice shall furnish the clerk with sufficient copies of the notice, prepared for mailing, and the clerk shall mail the notice. [IC 29-1-1-12]

Adoptions - Use of Records - General Instructions

  • Adoptions - Jurisdiction of Courts

    Petitions for adoptions of minors are filed with the clerk of the court having probate jurisdiction in the county in which:

    1. the petitioner for adoption resides;
    2. a licensed child placing agency or government agency having custody of the child is located;
    3. the child resides.

    The county in which the petition for adoption is filed is a matter of venue and not jurisdiction. Subject to IC 31-19-9-3, if an individual who files a petition for adoption of a child:

    1. decides not to adopt the child; or
    2. is unable to adopt the child;

    the petition for adoption may be amended or a second petition may be filed in the same action to substitute another individual who intends to adopt the child as petitioner for adoption. The amended petition or second petition under this section relates back to the date of the original petition. [IC 31-19-2- 2]

  • Adoptions - Duty of Clerk

    Upon filing a petition of adoption and as soon as such petition is found to be in proper form by the court, the clerk shall forward one copy of the petition to a licensed child placing agency, described in IC 31-9-2-17.5, with preference to be given to the agency, if any, sponsoring the adoption. [IC 31-19-2-12]

  • Adoption Records Confidential

    All files and records of the court pertaining to adoption proceedings shall be in the custody of the clerk and are not open to inspection, except as provided in IC 31-19-13-2-(2). [IC 31-19-19-1]

  • Duty of Clerk - Adoption Record - Revocation of Decree - Birth Certificate

    The clerk shall prepare a record for each adoption and for each annulment or revocation of adoption. The record shall include all facts necessary to locate and identify the certificate of birth of the person adopted and establish the new certificate of birth of the person adopted; and official notice from the court of the fact of adoption, including identification of the court action and proceedings. The record and information shall be prepared on a form prescribed and furnished by the State Department of Health. [IC 31-19-12-1]

    The official decree of such adoption, annulment or revocation of adoption which is provided to the clerk for the official order book record shall set forth all such pertinent information as is necessary to make possible the establishment of the birth records herein provided. The completion of such record shall be a prerequisite to the issuance of a certificate of final adoption by such court. [IC 31-19-12-2]

    The clerk shall forward to the State Department of Health records of decrees of adoption, annulment, revocation or amendments entered in the preceding month. Such report shall be made not later than the tenth day of each calendar month. The clerk shall also furnish such related reports as the State Department of Health shall require. [IC 31-19-12-3]

    The record of adoption, annulment or revocation of adoption or amendment thereof certified by the clerk to the State Department of Health, for an individual born in Indiana, is the basis to establish a new certificate of birth. [IC 31-19-13-1]

  • Adoption of Minors - Costs

    The costs on a petition for the adoption of a minor are one hundred dollars ($100.00) payable to clerk of the circuit court [IC 33-37-4-4], plus the adoption history fee of twenty dollars ($20.00) and a putative father registry fee of fifty dollars ($50.00) which are payable to the State Department of Health. [IC 31-19-2-8]

  • Adoption of Adult

    The cost on a petition for the adoption of an adult for one hundred dollars ($100.00), payable to the clerk of the circuit court. [IC 33-37-4-4]

Guardianship - Use of Records - General Instructions

  • Overview

    The clerk is required to keep separate records for all guardianship matters.

    The entry docket, bond and inventory records are to be different from the estate records.

    In some counties the volume of guardianship matters is so small that a separate order book may not be required. This, however, is a matter for the judge having probate jurisdiction to decide.

    The clerk will enter all proceedings in the proper books designated for guardianship matters as required by law and on order of the court.

    Receiving the filing of reports and petitions will be the same as in estate matters and under the supervision and direction of the probate court.

    The appointment of a guardian, the issuance of letters and the approval of bonds is a probate procedure within the jurisdiction of the court or by the judge or clerk in vacation.

    The procedure of entering all guardianship matters in the proper record books is substantially the same as in estate matters but with due observance of the guardianship statutes beginning with IC 29-3-1-1.

  • When Letters of Guardianship are Issued [IC 29-3-7-3]

    Letters of guardianship, temporary or otherwise, shall be issued to the person entitled to receive them when:

    1. the guardian, if an individual, has filed bond if required and taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that the guardian will faithfully discharge the duties of the guardian's trust according to law; or
    2. the guardian, if other than an individual, has filed bond if required and has:
      1. taken and subscribed before the clerk or any other officer authorized to administer oaths an oath or affirmation that it will faithfully discharge the duties of its trust according to law; and
      2. filed an acceptance of the appointment, duly executed and acknowledged by one (1) of its officers.

    The oath, and if other than an individual also the acceptance, shall be filed and recorded as a part of the proceedings of the guardianship.

    If the court limits of restricts the authority of the guardian or creates a limited guardianship, the letters must so state under IC 29-3-8.

  • Temporary Guardian

    If:

    1. a guardian has not been appointed for an incapacitated person or minor;
    2. an emergency exists;
    3. the welfare of the incapacitated person or minor requires immediate action; and
    4. no other person appears to have authority to act in the circumstances;

    the court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days. No such appointment shall be made except after notice and hearing unless it is alleged and found by the court that immediate and irreparable injury to the person or injury, loss, or damage to the property of the alleged incapacitated person or minor may result before the alleged incapacitated person or minor can be heard in response to the petition. If a temporary guardian is appointed without advance notice and the alleged incapacitated person or minor files a petition that the guardianship be terminated or the court order modified, the court shall hear and determine the petition at the earliest possible time.

    If:

    1. a petition is filed under this section for the appointment of a temporary guardian; and
    2. each person required to receive notice under IC 29-3-6-1(a) has not:
      1. received a complete copy of the petition and notice required by IC 29-3-6-2 before the court considers and acts on the petition; or
      2. received actual notice of the filing of the petition and specifically waived in writing the necessity for service of the notice required under IC 29-3-6-2 before the court considers and acts on the petition;

    the petitioner shall, on the earlier of the date the court enters an order scheduling a hearing on the petition or the date the court enters an order appointing a temporary guarding, serve complete copies of the petition, the court’s order, and the notice required by IC 29-3-6-2 on every person entitled to receive notice under IC 29-3-6-1(a) and on each additional person to whom the court directs that notice be given. The requirements of this subsection are in addition to the petitioner’s obligations under Rule 65 of the Indiana Rules of Trial Procedure to make a specific showing of the petitioner’s efforts to provide advance notice to all interested persons or the reasons why advance notice cannot or should not be given.

    If the court finds that a previously appointed guardian is not effectively performing fiduciary duties and that the welfare of the protected person requires immediate action, the court may suspend the authority of the previously appointed guardian and appoint a temporary guardian for the protected person for any period fixed by the court. The authority of the previously appointed guardian is suspended as long as a temporary guardian appointed under this subsection has authority to act.

    A temporary guardian appointed under this section has only the responsibilities and powers that are orders by the court. The court shall order only the powers that are necessary to prevent immediate and substantial injury or loss to the person or property of the alleged incapacitated person or minor in an appointment made under this section.

    Proceedings under this section are not subject to the provisions of IC 29-3-4.

    A proceeding under the section may be joined with a proceeding under IC 29-3-4 or IC 29-3-5. [IC 29-3-3-4]

  • Considerations for Appointment of Guardian

    The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following:

    1. Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a).
    2. Any request contained in a will or other written instrument.
    3. Any request made by a minor who is at least fourteen (14) years of age.
    4. Any request made by the spouse of the alleged incapacitated person.
    5. The relationship of the proposed guardian to the individual for whom guardianship is sought.
    6. Any person acting for the incapacitated person under a durable power of attorney.
    7. The best interest of the incapacitated person or minor and the property of the incapacitated person or minor. [IC 29-3-5-4)
  • Property of Incapacitated Person not in Excess of $10,000

    When the entire property of an incapacitated person does not exceed the value of ten thousand dollars ($10,000), the court may, without the appointment of a guardian, giving of bond, or other order of court, authorize:

    1. the deposit of the property in a depository authorized to receive fiduciary funds in the name of a suitable person by the court; or
    2. if the property does not consist of money, the delivery of the property to a suitable person designated by the court.

    The person receiving the property shall hold and dispose of the property in the manner the court directs and is entitled to reasonable compensation and to reimbursement for reasonable expenses incurred in good faith on behalf of the incapacitated person and approved by the court. [IC 29-3-3-2]

  • Transfer of Guardianship

    The venue for the appointment of a guardian or for protective proceedings is as follows:

    1. If the alleged incapacitated person or minor resides in Indiana, venue is:
      1. in the county where the alleged incapacitated person or minor resides; or
      2. if the proceeding is for the appointment of a temporary guardian of the person for an alleged incapacitated person or minor who is in need of medical care, in the county where a facility is located that is providing or attempting to provide medical care to the alleged incapacitated person or minor.
    2. If the alleged incapacitated person or minor does not reside in Indiana, then venue is in any county where any property of the alleged incapacitated person or minor is located. However, if the proceeding is for the appointment of a temporary guardian of the person for an alleged incapacitated person or minor who is in need of medical care, venue is in the county where the facility providing or attempting to provide medical care is located.
    3. If the alleged incapacitated person is an adult (as defined in IC 29-3.5-1-2(1)), venue is determined under the laws of the state or county having jurisdiction under IC 29-3.5-2. However, if a court in Indiana has jurisdiction under IC 29-3.5-2, the rules for determining venue in IC 29-3-2-2 apply.

    If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of the proper venue by the court in the county where first commenced. After proper venue has been determined, all proceedings in any county other than the county where jurisdiction has been finally determined to exist shall be dismissed. If the proper venue is finally determined to be in another county, the court shall transmit the original file to the proper county. The proceedings shall be commenced by the filing of a petition with the court, and the proceedings first commenced extends to all of the property of the minor or the incapacitated person unless otherwise ordered by the court.

    If it appears to the court at any time that:

    1. the proceeding was commenced in the wrong county;
    2. the residence of the incapacitated person or the minor has been changed to another county;
    3. the proper venue is determined to be otherwise under the Indiana Rules of Trial Procedure; or
    4. it would be in the best interest of the incapacitated person or the minor and the property of the minor or the incapacitated person;

    the county may order the proceeding, together with all papers, files, and a certified copy of all orders, transferred to another court in Indiana. That court shall complete the proceedings as if originally commenced in that court. The court may in like manner transfer a guardianship or protective proceeding in Indiana to a court outside Indiana if the other court assumes jurisdiction to complete the proceedings as if originally commenced in that court. Before any transfer is made under this subsection, a hearing pursuant to notice shall be held in the same manner as provided with respect to the appointment of a guardian.

    Where a guardian has been appointed by a court that does not have probate jurisdiction, the matter shall be transferred in accordance with the proper venue to a court having probate jurisdiction for qualification of the guardian and for further proceedings in the guardianship. [IC 29-3-2-2]

  • Costs Upon Transfer

    The clerk of the court where the guardianship was first commenced should tax, charge and collect all costs caused by such guardianship up to the time the transfer is ordered.

  • Inventory of Guardianship Property

    Within ninety (90) days after appointment, a guardian (other than a temporary guardian) shall file with the court a complete inventory of the property subject to the guardian's control together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. A temporary guardian shall file the inventory and oath or affirmation with the court within thirty (30) days after appointment. The inventory must conform to the requirements of IC 29-1-12-1. The guardian shall provide a copy of the inventory to the protected person if the protected person is at least fourteen (14) years of age. A copy also shall be provided to any guardian, parent, or person with whom the protected person resides and any person ordered by the court. In addition, the guardian shall provide notice of the filing of the inventory to each person that was required to be notified of the hearing on the petition to establish guardianship. The notice must be provided in the same manner as the notice of the hearing to establish a guardianship. The notice must include all of the following:

    1. The cause number.
    2. A statement that Indiana Law requires a guardian to file with the court a written verified account of the guardians' administration:
      1. at least biennially, not more than thirty (30) days after the anniversary date of the guardian's appointment; and
      2. not more than thirty (30) days after the termination of the appointment.
    3. A statement that the inventory and the written verified accounts may be inspected at the court's address.

    The guardian shall keep suitable records of the guardian's administration and exhibit the records as ordered by the court. [IC 29-3-9-5]

  • Claim Against Guardianship

    Any person indebted to a minor or having possession of property belonging to a minor in an amount not exceeding ten thousand dollars ($10,000) may pay the debt or deliver the property without the appointment of a guardian, giving of bond, or other order of court directly to any person having the care and custody of the minor with whom the minor resides.

    Persons receiving property for a minor under this section are obligated to apply the property to the support, use, and benefit of the minor.

    This section does not apply if the person paying or delivering the property knows that a guardian has been appointed for the minor or that proceedings for appointment of a guardian for the minor are pending.

    A person who pays or delivers property in accordance with this section in good faith is not responsible for the proper application of the property. [IC 29-3-3-1]

  • Petition to Compromise or Settle Claim

    Whenever it is proposed to compromise any claim by or against a protected person or the protected person's property, the court, on petition of the guardian, may enter an order authorizing the compromise to be made if satisfied that the compromise will be in the best interest of the protected person.

    Whenever a minor has a disputed claim against another person, whether arising in contract, tort, or otherwise, and a guardian for the minor and the minor's property has not been appointed, the parents of the minor may compromise the claim. However, before the compromise is valid, it must be approved by the court upon filing of a petition requesting the court's approval. If the court approves the compromise, it may direct that the settlement be paid in accordance with IC 29-3-3-1. If IC 29-3-3-1 is not applicable, the court shall require that a guardian be appointed and that the settlement be delivered to the guardian upon the terms that the court directs. [IC 29-3-9-7]

  • Foreign Guardians - Property Located in Indiana - Powers

    If no guardian has been appointed, and no petition in a guardianship proceeding is pending in Indiana, a guardian appointed by a court of another state in which the minor is domiciled may file, with an Indiana court in a county in which property belonging to the minor is located, an authenticated copy of the guardian's appointment and a bond that meets the requirements of IC 29-3-7-1 with respect to that part of the property of the minor that is located in that county. After filing the copy of the bond, the foreign guardian may exercise as to the property of the minor in that county in Indiana all powers of a guardian in Indiana and may maintain actions and proceedings in Indiana.

    In the case of an incapacitated person who is an adult (as defined in IC 29-33.5-1-2(1)), a foreign guardian may register certified copies of the guardian’s letters of office and order of appointment under IC 29-3.5-4. [IC 29-3-13-2]

  • Notice of Petition and Hearing

    When a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given first call postage prepaid mail as follows:

    1. If the petition is for the appointment of a successor guardian, notice shall be given 2013 45 unless the court, for good cause shown, orders that notice is not necessary.
    2. If the petition is for the appointment of a temporary guardian, notice shall be given as required by IC 29-3-3-4.
    3. If the subject of the petition is a minor, notice of the petition and the hearing on the petition shall be given to the following persons whose whereabouts can be determined upon reasonable inquiry:
      1. The minor, if at least fourteen (14) years of age, unless the minor has signed the petition.
      2. Any living parent of the minor, unless parental rights have been terminated by a court order.
      3. Any person alleged to have had the principal care and custody of the minor during the sixty (60) days preceding the filing of the petition.
      4. Any other person that the court directs.
    4. If it is alleged that the person is an incapacitated person, notice of the petition and the hearing on the petition shall be given to the following persons whose whereabouts can be determined upon reasonable inquiry:
      1. The alleged incapacitated person, the alleged incapacitated person's spouse, and the alleged incapacitated person's adult children, or if none, the alleged incapacitated person's parents.
      2. Any person who is serving as a guardian for, or who has the care and custody of, the alleged incapacitated person.
      3. In case no person other than the incapacitated person is notified under clause (a), at least one (1) of the persons most closely related by blood or marriage to the alleged incapacitated person.
      4. Any person known to the petitioner to be serving as the alleged incapacitated person's attorney-in-fact under a durable power of attorney.
      5. Any other person that the court directs.

    Notice is not required if the person to be notified waives notice or appears at the hearing on the petition.

    Whenever a petition (other than one for the appointment of a guardian or for the issuance of a protective order) is filed with the court, notice of the petition and the hearing on the petition shall be given to the following persons, unless they appear or waive notice:

    1. The guardian
    2. Any other persons that the court directs, including the following:
      1. Any department, bureau, agency, or political subdivision of the United States or of this state that makes or awards compensation, pension, insurance, or other allowance for the benefit of an alleged incapacitated person.
      2. Any department, bureau, agency, or political subdivision of this state that may be charged with the supervision, control, or custody of an alleged incapacitated person. [IC 29-3-6-1]
  • Where to Enter

    If it can be determined that the party will be adjudged incapacitated and is incapable of managing his or her estate, and that a guardian will be appointed, it is permissive for the clerk to enter the action in the guardianship docket. It may be numbered as a guardianship case with the proper entries written in the docket showing the proceedings thus far.

  • Taxing Costs

    If the person is adjudged incapacitated and a guardian is appointed by the court, the clerk will tax the costs of this action. Since the action is tried as a civil action, the costs will be taxed accordingly.

    If the guardian is appointed for any incapacitated person, he or she shall pay out of the estate the expense of the proceedings. When the court or jury finds such person is not incapacitated, the court shall enter judgment for costs against the person filing the petition.

  • Entries in Guardian Docket

    At the time of rendering judgment by the court a guardian will be appointed. Upon qualifying and giving bond, the clerk will make the proper entries in the guardian entry docket in the same manner as if an application had been filed. The proceedings thereafter will be entered as in any other guardianship in the same records and under the same case number that was assigned when the action was originally docketed.

    Thus, the docket will reveal a complete record of all proceedings from the time the action was brought until the final termination of the trust.

  • Filing and Entering as a Civil Matter

    Actually, the proceedings to adjudge a person incapacitated and the subsequent appointment of a guardian is a civil action. The commencement of such should be entered in the civil entry docket. If the court is satisfied the requirements for the appointment of a guardian as set forth in the code are proved, the court will appoint a guardian of the person or of the estate or both.

  • Transferring to Guardian Docket

    The clerk will enter the guardianship in the guardian docket and assign a case number as a guardianship. The proceedings thereafter will be entered under the guardianship number and not the number of the original action.

  • Transferring Costs from Civil to Guardian Docket

    If the costs in the preliminary hearing are not paid at the time of judgment and are to follow in the guardianship, the clerk should make a notation in the civil entry docket showing that the costs are transferred to guardian docket. The notation should be substantially, "costs transferred to guardian docket number ___, page ____." The costs would then be entered in the guardian docket to be in addition to other costs in the guardianship. In transferring the costs from the civil docket to the guardian docket, the clerk should separate the items in order to have the proper classification for posting to the cash book upon payment by the guardian.

  • Costs - Proceedings for Adjudication of Competency

    In the case of State ex rel Burkheimer etc. v. Noble Circuit Court, 234 Ind. 139, "such proceeding is adversary in character, and that the guardian is a party to a petition to determine the guardianship by reason of the ward regaining his competency."

    Upon institution of the action, a filing fee will be required and applied to the taxable items of cost.

    In discussing the use of probate records and the procedure to be followed by the clerk, we have not presumed to cover every step to be followed, to explain every law and to tell you how to perform all the duties. We have attempted to touch upon the more important matters that confront the clerk.

    The performance of the clerk will best be accomplished by familiarizing himself or herself with the requirements of the statutes, studying the various forms and records to be used, and his or her ability to organize the procedural steps to be followed that will result in all records being so kept that any one may know exactly what has been done.

    The clerk must remember that he or she will not be the permanent custodian of records. In the due course of time there will be a successor. All records, indexing of records, and filing in the final files should be kept in a manner that may be conveniently found by any interested party -- at the present or any future time.

    The routine procedure of processing all actions from the time of filing and until final disposition should be followed in the same manner as outlined in the discussion of the civil entry docket.

Support

  • Support Defined

    Money received by the clerk in payment of support results from a court order included as part of the judgment in a divorce action where a minor child or children are involved; or it may be an order for the support of a needy parent or parents by able-bodied adult children. The order may also be a part of a criminal action for child neglect or failure to provide. Nevertheless, support is an order of the court and when such order is made for the defendant to pay money to the clerk in compliance with the order, the clerk is duty bound to receive and to disburse a like amount to the party entitled to receive it and in the manner as directed by the court. The money is for maintenance and support or to provide otherwise all things needed for the best interest and welfare of the child, children or needy parent or parents.

  • Different from Other Trust Items

    Support is an item of trust but it is to be handled separate from other trust items. All support records are maintained in Indiana Support Enforcement Tracking System (ISETS) as directed by the Department of Child Services.

  • Clerk to Comply with Court Order

    There may be some extreme cases, where at the discretion of the court, it appears that it will not be to the best interest of the child for the clerk to disburse the full amount received in one check and at the same time. Such cases are few and infrequent; but the clerk will be bound by such order of the court. These are unfortunate circumstances and impose more work on the clerk. However, there would be nothing to prevent the clerk from writing as many checks as would be necessary to divide the total payment received in accordance with the order of the court. The delivery of the checks could be held until the time specified in the order to be released.

  • Accepting Personal Checks

    The clerk will receive many remittances for fines and costs through the mail. It is possible that the payor will reside outside the county, and as a matter of convenience will remit by personal check. In the event the clerk accepts a personal check, and later the check is returned by the bank marked "insufficient funds," it is the responsibility of the clerk to attempt to recover it from the payor. If the clerk is unable to obtain payment of a dishonored check, not later than ninety (90) days after the check was initially received, the matter shall be reported to the Prosecuting Attorney for the county. Clerks are not personally liable for dishonored checks if the required collection attempts and reporting are performed.

    If the dishonored check is related to support payments, IC 33-32-4-6 authorizes clerks to reimburse support accounts from support fees for funds improperly disbursed through an error or because a check or money order was dishonored by a financial institution. The clerk is required to notify the prosecutor and pursue collection of these support fees.

  • Delivering Checks

    The checks may be delivered to the payee in person when called for or may be mailed by the clerk to the person. Postage may be provided from the postage appropriation or the recipient may furnish the clerk with self-addressed, stamped envelopes ready for mailing.

  • Liability for Support of Parents

    The general assembly of 1947 extended the liability for support to needy parents and provided a civil procedure to endorse support of such parents by able-bodied adult children with sufficient means to contribute when they refuse to do so.

    An action for support of a parent or parents may be instituted against a child or children by filing a verified complaint in a circuit or superior court. The complaint shall be filed by the parent or parents, the prosecuting attorney, or the director of the division of family and children of the county where the parent resides, or the township trustee of the township where the parent resides, or the Family and Social Services Administration. The complaint shall allege definite and specific facts to establish the duty to support and the violation thereof.

    Such civil action may be prosecuted by the parent or parents, the township trustee, the director of the division of family and children, the secretary of Family and Social Services Administration, or the prosecuting attorney. No costs shall be taxed against any prosecutor, the director of the division of family and children, the township trustee, or Family and Social Services Administration.

    If a finding is in favor of the plaintiff and against the defendant, costs should be taxed to the defendant and the court shall enter judgment against the defendant and make an order which shall make adequate provision for the support of the parent or parents.

    Notice shall be served on the defendant and issues shall be made upon the verified complaint as in any other civil action.

    The order of the court shall be a continuing one, and the court shall have jurisdiction to modify it with respect to its continuation, the amount of support, and the method of payment at any time during the need of the parent or parents or during the financial ability of the child or children. [IC 31-16-17-11]

    Execution may issue on such judgment whenever any amount is due thereon. If any defendant be in default for failure to comply with the order and judgment of the court, he may be proceeded against for contempt in the manner provided for in divorce proceedings. [IC 31-16-17-12]

    Support orders in the case of parents should be handled in the same manner and entered in the 2013 52 same support records as in the case of orders made for the support of children.

  • Children Born Out of Wedlock - Voluntary Petition to Establish Paternity - Provision for Support

    Paternity actions are civil proceedings, H.W.K. v M.A.G., App. 1981, 426, N.E. 2d 129. Civil filing fees should, therefore, be collected.

    The court shall order the father to pay at least fifty percent (50%) reasonable and necessary expenses of the mother's pregnancy and child birth, including the cost of prenatal care, delivery, hospitalization, and postnatal care. [IC 31-14-17-1]

    The court may tax as costs the reasonable expenses of any medical tests authorized under IC 31-14-6, and the reasonable attorney's fees incurred in maintaining any proceeding under this chapter. [IC 31-14-18-1 and IC 31-14-18-2]

  • Maintenance and Support Orders - Clerk's Fee

    Whenever in any court proceeding an order is in force for the support and maintenance of the other party to the proceeding, the person required to pay the support shall pay the support. The clerk, if the payment is in cash, or the state central collection unit, for all other forms of payment, shall collect from the individual, in addition to the payments, the fee specified in IC 33-37-5-6. [IC 31-16-21-1]

    The clerk or state central collection unit shall collect a fee in addition to support and maintenance payments. The fee is fifty-five dollars ($55.00) for each calendar year.

    The fee is due at the time that the first support or maintenance payment for the calendar year in which the fee must be paid is due. The clerk may not deduct the fee from a support or maintenance payment. Except as provided in IC 33-32-4-6 and IC 33-37-7-2(f), if a fee is collected under this section by the clerk, the clerk shall forward the fee to the county auditor in accordance with IC 33-37-7-12(a). [IC 33-37-5-6]

    The clerk may collect any unpaid fee in a proceeding for contempt. [IC 31-16-21-1(c)]

  • Transfer of Proceedings of Support Order

    IC 31-16-20 provides a statutory method for a transfer of the proceedings and orders for support of children. The order to transfer can be made only after a notice issued to the parent not having custody and a hearing is had on a petition setting out such facts: That the parent or other person having custody of such children resides in a different county than that in which the order was granted; that the other parent no longer resides or is not regularly found in such county; that it would be for the best interest of the children to order the proceedings with all papers and files pertaining to the order of support and certified copies of all such orders transferred to the court having jurisdiction over such matters in the county where the parent or other person having custody of those children resides.

    The hearing shall be advanced on the docket and held promptly by the court or judge thereof in vacation. The court to which such proceedings are transferred shall accept the same and thereafter have jurisdiction over such children and matters relating to their support.

    The proceedings that are transferred shall be docketed as other civil matters, and a civil costs fee as provided in IC 33-37-4-4 shall be collected. [IC 31-16-20-4]

  • Application of Act

    Transfer of proceedings is applicable to cases pending in the court where the divorce was obtained or in any other to which such proceedings have been transferred. Any number of transfers may be made, as the best interests of the said children require. [IC 31-16-20-7]

Change of Venue Procedures - Change of Venue Record (Form No. 40)

  • Purpose

    The Change of Venue Record, Form 40, is a supplemental entry docket. It is a book to record the filing of all actions received on change of venue. It is a record wherein all proceedings are required to be entered from the time the cause is received by the clerk and until it is disposed of by the trial court. If properly kept, the clerk will be able to prepare the claim of expense to be transmitted to the county of origin pursuant to the requirements of IC 34-35-5-2. It will also prevent a duplication of certain per diem charges against the county of origin.

  • Entering

    When a cause is received on change of venue it shall be entered first in the entry docket or fee book in the same manner as other causes are filed.

    After the cause is properly entered in the entry docket, the clerk shall then enter the filing of the venued action in the change of venue record.

    The change of venue record must show the name of the county of origin and its cause number, the cause number in your county, date filed, and title of cause. The record must be indexed in the same manner as the entry docket.

  • Entries

    A brief statement of all actions, filings, issues or proceedings thereafter, showing the dates thereof, will be entered in the space under "Court Proceedings." A reference to the order book number and page wherein such proceedings are entered, shall be entered in the column provided for that purpose and following the aforementioned statement. The clerk must record a brief statement of every order book entry, or transaction, from the time it is received until disposed of and to note all references to the order book. The calendar date of the transaction, order book entry, or proceeding shall be shown when entering the statement.

    The entries in the change of venue record should be brief and should be taken from the judge's docket. They should be entered at the time the order book entry is recorded. The order book number and page should be listed on the judge's docket following the entry and also following the entry in the change of venue record.

    After the cause is fully and finally determined, or disposed of in any other manner, the clerk will make such final entry in the change of venue record as required. This is in addition to the entries made in any other record.

  • Tax Expense Items

    The chargeable items of expense incurred in the trial county will then be taxed and entered in the space designated for that purpose.

    The expense will be audited and allowed by the judge of the court in his or her order of allowance pursuant to the requirements of IC 34-35-5-2. The order of expense will be taken from the entry in the judge's docket, recorded in the order book, and in the change of venue record.

    The entry of allowance in the change of venue record may be brief and in substance:

    (Date) "The court now audits and allows the expense," extending the order book reference to the proper column and entering the amounts of the chargeable items of expense as determined by the court in the space provided for that purpose and on the line designated for each item.

Change of Venue Claim For Expense

  • Prepare Claim

    When all entries have been entered in every record, the clerk should prepare the change of venue claim against the county of origin. The claim will be prepared in duplicate from the change of venue record. If the change of venue record has been properly kept, the clerk will have little difficulty in preparing the claim accurately. Claims should be prepared as soon as each cause is disposed of.

    The claim will be made on the form provided for that purpose. It will be prepared in duplicate and must be signed by the judge and the clerk and issued under the seal of the court.

  • Contents

    The claim will show the cause number in the county of trial; title of cause; name of the county of trial; name of county or court of origin; date of filing in county of trial; date of judgment; date of trial; number of days; a brief entry of all proceedings showing the calendar date of each proceeding and the order book reference thereto; a statement of all the chargeable items and amounts of expense incurred in the county of trial. All of this information will be taken from the change of venue record.

    The claims will contain an order, signed by the judge, for the auditor of the county of origin to issue a warrant upon the treasurer of said county in favor of the county of trial.

  • File with Auditor

    When the claim is properly completed, signed and sealed, the clerk will enter in the change of venue record the date and amount of the claim certified to the auditor and deliver the claim in duplicate to the local county auditor who shall retain one (1) of said certificates of allowance in his or her office and mail by certified mail the duplicate thereof to the auditor of the county in which such cause originated and from which such expenses are due.

  • Clerk's Per Diem

    The clerk is entitled to collect two dollars ($2.00) from the county treasurer for each calendar day on which the clerk or the clerk's deputy attends a court when it is occupied with business concerning change of venue. The payment authorized is not affected by the number of items filed or the business transacted by the court on that date. [IC 34-35-5-8]

  • Per Diem of Special Judge - Not Included as Expense

    If a special judge is selected to hear or to try a change of venue proceeding, his or her per diem therefor cannot be included in the claim as a chargeable item of expense.

  • Report of Payment

    Upon receipt of payment of the claim, the auditor will enter, or cause to be entered, in the change of venue record in the clerk's office, and under the proper cause number, the name of the county of origin paying the claim, date of receipt of payment and the quietus number issued therefor.

  • Chargeable Items of Expense

    The chargeable items of expense to be audited and allowed by the court pursuant to IC 34-35-5-2 are:

    1. Expense of keeping the prisoner, if any.
    2. Expense of transporting the prisoner to or from any penal institution.
    3. Any extraordinary expense for safekeeping the prisoner.
    4. Fee set by the venue court under IC 33-40-2-5 for the pauper counsel, if counsel was appointed by that court.
    5. Expense of any mileage, meals, lodging and per diems paid for or to jurors.
    6. The per diems paid jury commissioners for drawing any special venire.
    7. The sum of five dollars ($5.00) for each day, or part of a day a bailiff is engaged in assisting the court in the trial of the cause.
    8. The sum of eight dollars ($8.00) for each day or part of a day an official court reporter takes evidence or testimony before the judge or jury concerning the cause.
    9. The sum of ten dollars ($10.00) per day for each day of trial for use of facilities and utilities.
    10. The sum of five dollars ($5.00) for notifying the jury not to attend court after having been summoned in any cause.
    11. The amount of telephone or telegraph communications made by the court or authorized by it.
    12. The per diem allowed by law to the clerk of the court for attending court.
  • Trial Defined

    The term "trial" shall mean and include the impaneling of the jury, the actual trial, demurrer, a trial on the issues joined on a plea in abatement, motion for summary judgment and final disposition of the case.

  • One Per Diem Per Day

    Except for the clerk, not more than one per diem or charge for the official reporting, or for use of facilities and utilities shall be made against any county of origin of the causes for the same day. If two or more proceedings are conducted in two or more separate causes from any county or counties of origin on the same day, the court shall allocate said charges for any such causes it may determine in its discretion.

    The per diem for the clerk, bailiff, or the official court reporter shall be paid by the county of trial in the first instance and reimbursement obtained from the county of origin. [IC 34-35-5-7]

  • Change of Venue Cases not to be Docketed Unless Fee Accompanies Transcript

    Since payment of the fee is required upon instituting the removal, such case cannot be docketed without receiving the fee. In order to eliminate unnecessary delay and correspondence between clerks and attorneys, it is imperative for the sending clerk to forward or cause to be forwarded a remittance therefor with the transcript.

  • Change of Venue - Certifying Unpaid Costs

    Whenever an order or judgment for costs is entered in a change of venue action from another county, whether upon dismissal or otherwise, and such costs remain unpaid for a period of thirty (30) days from date of finality of such order of judgment the clerk of the trial court shall certify an itemized transcript of all costs accrued in such action to the clerk of the court where the action first originated or to the clerk of the court in the county of residence of the judgment debtor if his or her residence be in a county of this state other than where the action first originated. [IC 34-35-7-1]

  • Change of Venue - Collections and Payment of Costs

    In all cases where a change of venue is taken from one (1) county to another, the clerk of the court of the county in which final disposition is made of a cause shall within sixty (60) days after the costs are paid, transmit by check to the clerk of the county in which the costs were accrued. The clerk receiving the money shall mail his receipt to the clerk sending the money who shall file the same in his office to be a part of the permanent records of the office. The clerk who collects the costs shall set out on the register of fees and also upon the fee book where the costs are taxed a marginal note stating the date, amount, number of check and the clerk to whom such fees and costs were transmitted. [IC 34-35-6-1]

  • Change of Venue - Contents of Receipt

    The form of receipt shall provide: Title and cause number in both counties; name of judgment debtor; to whom costs are due; amount of costs, fee book, judgment docket and order book number and page wherein recorded by both the sending and receiving clerk; seal and signature of sending clerk; seal, and certificate of receiving clerk. [IC 34-35-7-2]

  • Change of Venue - Disposition of Costs

    Upon collection of such unpaid change of venue costs, the clerk shall immediately remit to the county or counties entitled thereto all costs as shown by the transcript and retain such costs as are due his county. Clerks of courts receiving such costs shall make proper accounting for and distribution of such costs as provided by law. [IC 34-35-7-4]

  • Change of Venue - Fee Required Upon Change of Venue

    When a change of venue is directed, the clerk of the court in which the suit is pending, as soon as the costs of the change are paid, shall immediately transmit:

    1. all the papers; and
    2. a transcript of all the proceedings;

    to the clerk of the court of the county to which the venue is changed. If the party fails to pay the costs of the change within the time prescribed by the court the party:

    1. shall be taxed with all the costs made in the case up to the time of the failure to pay costs; and
    2. is not entitled to a change of venue from the county. [IC 34-35-1-2]
  • Change of Venue - Notation on Dockets

    The clerk transmitting the transcript of costs shall make a notation in the fee book or entry docket wherein the action was first entered and also in the judgment docket at the page wherein the judgment or order is recorded, showing the name of the county and court to which the transcript is being sent, date of transmittal and any other necessary notation. [IC 34-35-7-2]

  • Change of Venue - Payment of Costs - By Whom Accepted

    After unpaid venue costs are certified to the clerk of the court where the case first originated or to the clerk of the court in the county of residence of the judgment debtor, the clerk of the trial court cannot accept payment or enforce collection thereafter.

    The clerk who receives and records the transcript shall accept payment of all costs from the judgment debtor or enforce collection by, fee bill or execution. [IC 34-35-7-3]

  • Change of Venue - Posting by Receiving Clerk

    Upon receipt of the transcript and remittance, the receiving clerk will enter payment of the fee in the entry docket and cash book.

  • Change of Venue - Fee to Accompany Transcript

    Upon forwarding the transcript, the fee will be remitted to the clerk of the court of the county to which the action is sent and must accompany all papers, pleadings and receipts relating to the case.

  • Change of Venue - Receipt to Accompany Transcript

    The transmitting clerk shall also prepare a receipt to accompany the transcript to the receiving clerk. The receiving clerk shall fill in the information necessary to complete the receipt, date, sign, seal and return it to the sending clerk to be filed with other papers relating to the case. [IC 34-35-7-2]

  • Change of Venue - Clerk to Prepare Transcript

    Whenever a change of venue is granted a defendant in a criminal action and taken to another
    county, the clerk must make a transcript of the proceedings and orders of the court, and having sealed up
    the same with the original papers, shall deliver them to the sheriff, who must, without delay, deposit them
    in the clerk's office of the proper county and make his or her return accordingly. [IC 35-36-6-1]

  • Change of Venue in Causes Reversed by the Supreme and Appellate Courts and Remanded to the Lower Court for a New Trial

    In every case where an appeal to the court of appeals or supreme court of the state of Indiana has been taken from a judgment rendered against any party and such judgment is reversed and said cause is remanded for a new trial, either party in said cause shall be entitled to a change of venue from the county notwithstanding any changes in venue theretofore taken. [IC 34-35-4-2]

  • Transcript on Change of Venue - Money to Accompany

    Whenever a change of venue is taken from one county to another and money has been deposited with the clerk as a tender, cost bond, cash bail or recognizance bond, such money is to accompany the transcript to the county where the cause is venued. The clerk should send his or her check for the amount held by him or her with the papers in the cause and the check should be entered as one of the items of the receipt to be signed by the clerk receiving the transcript. The receiving clerk will make the proper entries in his records in the same manner as other money is received.

Receiving Money - Entering in Docket of Original Entry - Taxing Costs - Schedule of Fees to be Taxed by Clerks

  • Overview

    It is the duty of the clerk, in his or her official capacity, to enter the receipt of all money in the proper records.

  • Determine Purpose

    When receiving money from the payor, the clerk should first ascertain from the payor what it is for. If the money is for support, the clerk will know that it must be entered in ISETS; if it is for costs, it will be entered in the docket where the case was originally filed; if the money is being paid to the clerk for distribution in an estate, then it must be entered in the proper estate entry docket.

  • Entering Receipts in Docket

    When it is determined what the money is for, select the docket of original entry - the docket where the commencement of the action was filed. The clerk should verify the number and title of the case. On the proper page and in the space designated for receipts, the clerk should enter therein the amount being paid. The receipt in the entry docket should be dated, the name of the payor, the amount received, what it is for, and acknowledging the receipt by signing it as clerk following the entry.

  • Trust Items

    If an item of trust is included in the amount of money received, the clerk should enter the name of the person and the amount of money to be paid to that person, together with the address, in the appropriate section designated for trust items. When the disbursement is made, it will be entered in the section designated for disbursements on the same line and opposite the name of the person to whom the money is due.

  • Distribution of Estate Money

    The clerk often receives money for distribution to heirs in an estate. It frequently happens that at the time of payment to the clerk the names of the distributees are unknown. If distributees are unknown, the amount received would either be entered as name of the decedent (heirs of) or as "undistributed." Upon determination of who the heirs are and the amount due each heir, the clerk should then enter the name of each distributee and the amount each is to receive in the trust section of the entry docket and on the page where the estate was opened.

  • Transfer Amounts to Individuals in Register of Trust

    If the original amount was entered in the "Register of Fees and Funds Held in Trust" at the time the money was received and was posted as one amount under the name of the decedent (heirs of), or as undistributed, then upon determination of the identity of the heirs the amount should be transferred to each of the respective heirs and entered in the name of each person together with the amount that each person is to receive. When such transfer is made, the clerk must show the transfer by proper entry on the disbursement side where the original payment was entered.

  • Entering Money in Payment of Judgments

    It has been the custom of some clerks to enter payment of money judgments in the judgment docket at the place recorded. This is not entirely wrong but we recommend that such payments be entered in the docket of original entry. At the time of paying a judgment to the clerk, the costs are generally excluded. The costs are to be receipted in the entry docket and it will be just as convenient to enter the payment of the judgment therein.

    In addition to any other duties, a clerk shall do the following related to judgments:

    1. Collect and transfer additional judgments to a county auditor, fund number 1198, under IC 9-18-2-41 for additional excise tax.
    2. Deposit funds collected as judgments in the state highway fund under, IC 9-20-18-12 for overweight vehicles by depositing with the county auditor into fund 7103.
    3. Deposit funds in the conservation officer’s fish and wildlife fund under IC 14-22-38-4, IC 14-22-38-5, and IC 14-22-40-8 for unlawful taking of a deer, wild turkey, other wild animal or unlawful shooting of a law enforcement decoy by semiannual remittance to the State Auditor.
    4. Deposit funds collected as judgments in the state general fund under IC 34-28-5-4 for infraction judgments by depositing with the county auditor into fund 7102. [IC 33-37-5-16]
  • Disbursing

    The entry docket is designed for receipts and disbursements. Upon receipt of the money by the judgment plaintiff from the clerk, the proper disbursing entry will be made in the entry docket. The clerk will cause the judgment plaintiff to enter satisfaction of the judgment in the judgment docket at the time of receiving his or her money.

  • Releases

    The clerk will attest the release and also release the judgment as to costs, if the costs are paid, noting the reference to the docket and page wherein the costs are receipted.

  • Transcripts to Bind Real Estate

    When a transcript of a judgment to bind real estate is received from another court, it is the duty of the clerk to enter such judgment in the judgment docket and to copy the transcript of the judgment in "Transcript Record" or other book provided for that purpose. The fee for recording such a judgment is $3.00 if the other court is in Indiana. The docket of original entry would be the book wherein the judgment is copied and the receipt of the fee for recording should be entered therein.

  • Department of Revenue and Department of Workforce Development Warrants

    The receipt of money from the sheriff in payment of the clerk's fee for recording gross income tax warrants and the payment of money for Department of Workforce Development (DWD) warrants will be entered in the judgment docket. In this instance, the judgment docket is the docket of original entry because that is the only record wherein they are recorded.

  • Writing Official Receipt

    After the receipt of money has been entered in the docket of original entry, write the official receipt to give to the payor. The clerk must use the prescribed form, Official Receipt (Form No. 126) or an approved alternate form. Enter thereon all information required on the receipt and record the various cash book classifications on the appropriate lines of the space on the receipt if the proper items are not already on the receipt. If items of trust are collected, list the amount opposite "Trust Funds." You should enter each individual name and amount each is to receive. If there are not enough lines on the face of the receipt, the names should be listed on the back of the duplicate receipt for the convenience of the clerk posting to the trust fund register.

  • Value and Use of Receipt

    If the clerk will write the receipt after entering the payment in the docket of original entry and enter the items received in the proper places on the receipt, the clerk will have no difficulty in making the proper entries in the cash book and posting to the proper columns. The receipt contains the proper cash book classification and the items are listed in the same order as the cash book. The cash book will be posted from the duplicate receipt, when using the prescribed manual system. Computerized systems may automate the postings.

  • Disbursement Entries

    It is just as important to show the disbursement of money as it is to show the receipt. The date, amount and check number of all money disbursed to parties entitled to receive it should be entered on the line in the space designated for disbursements. Disbursements should be shown in the docket of original entry in addition to the disbursements entered in the trust fund register.

  • Posting Tables of Fees

    A clerk shall post in a conspicuous place in their office, a table of their fees, or on failure to do so, shall have no right to demand or receive any fees for services rendered by them. [IC 33-32-2-7]

  • Taxing Costs

    The clerk should use every precaution to tax, charge and collect the proper amount of fees chargeable in any court action. (See O.A.G. 16, 1964 - Fees and Costs Not Charged to State) State Court Administration has published a Case Type Quick Reference Guide on their website to assist clerks with specific case codes.

  • Statutory Court Cost Fees to be Charged Circuit, Superior, Probate and Municipal Courts
    Case TypeTotal Cost 100%Due State Semi-annually 70%Due County Monthly 27%Due City/Town Monthly 3%
    Criminal Actions [IC 33‑37‑4‑1] (Note 1):$ 120.00$ 84.00$ 32.40$ 3.60
    Infractions and Ordinance Violations [IC 33‑37‑4‑2] (Note 2):$ 70.00$ 49.00$ 18.90$ 2.10
    Juvenile Proceedings [IC 33‑37‑4‑4] (Note 3):$ 120.00$ 84.00$ 32.40$ 3.60
    Civil Actions [IC 33‑37‑4‑4]:$ 100.00$ 70.00$ 27.00$ 3.00
    Small Claims [IC 33‑37‑4‑5 and IC 33‑37‑4‑6]:$ 35.00$ 24.50$ 9.45$ 1.05
    Probate and Related Proceedings [IC 33‑37‑4‑7]:$ 120.00$ 84.00$ 32.40$ 3.60

    Note 1. Instead of criminal costs fees prescribed by IC 33-37-4-1, except for the automated record keeping-deferral/diversion fee, the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33- 39-1-8 requires the payment of those fees by the accused person. The pretrial diversion program fee is an initial user's fee of fifty dollars ($50.00) and a monthly user's fee of ten dollars ($10.00) for each month that the person remains in the pretrial diversion program. [IC 33-37-4-1(c)]

    In addition, IC 33-37-5-17 requires the defendant to pay court costs of one hundred twenty dollars ($120.00) where the court defers prosecution under IC 33-39-1-8.

    The one hundred twenty dollars ($120.00) would be distributed as follows:

    Total Cost 100%Due State Semiannually 70%Due County Monthly 27%Due City/Town Monthly 3%
    $ 120.00$ 84.00$ 32.40$ 3.60

    Note 2. Instead of the infraction or ordinance violation costs prescribed by IC 33-37-4-2 (a), except for the automated record keeping-deferral/diversion fee, the clerk shall collect a deferral program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is an initial user's fee of not to exceed fifty-two dollars ($52.00) and a monthly user's fee of not to exceed ten dollars ($10.00) for each month the person remains in the deferral program. [IC 33-37-4-2(e)]

    In addition, IC 34-28-5-1 requires the defendant in the action to agree to pay court costs of seventy dollars ($70.00) to the clerk of the court if the action involves a moving traffic offense (as defined in IC 9-13-2-110).

    The seventy dollars ($70.00) would be distributed as follows:

    Total Cost 100%Due State Semiannually 70%Due County Monthly 27%Due City/Town Monthly 3%
    $ 70.00$ 49.00$ 18.90$ 2.10

    Note 3. Instead of the court costs fees prescribed by IC 33-37-4-3, the juvenile court may order each child who participates in a program of informal adjustment or the child's parents to pay an informal adjustment program fee of at least five dollars ($5.00) but not more than fifteen dollars ($15.00) for each month that the child participates in the program. [IC 31-37-9-9]

    The probation department for the juvenile court shall collect the informal adjustment program fee. The probation department shall transfer the informal adjustment program fees to the county auditor, within thirty (30) days after they are collected, for deposit by the auditor in the county user fee fund established under IC 33-37-8-5. [IC 31-34-8-8]

  • Document Fees

    For preparing a transcript or copy of any record, legal size or letter size page including a page only partially covered with writing the legislative body of a county may pass an ordinance reducing this fee. This does not apply to the use of enhanced access, an electronic device or fax transmission [IC 33-37-5-1]

    • $ 1.00

    For each certificate under seal attached in authentication of a copy of any record, paper or transcript [IC 33-37-5-3]

    • $ 1.00

    For preparing or recording a transcript of a judgment to become a lien on real estate [IC 33-37-5-4]

    • $ 3.00
  • Licenses
    Marriage License (One or both individuals are residents of Indiana)
    For Family Violence and Victim Assistance [IC 33-32-5-1(a)]$ 10.00
    For County General Fund [IC 33-32-5-1(b)]$  8.00
    Total$ 18.00
    Marriage License (If neither of the individuals is a resident of Indiana)
    For Family Violence and Victim Assistance [IC 33-32-5-1(a)]$ 10.00
    For County General Fund [IC 33-32-5-1(b)]$ 50.00
    Total$ 60.00
    Distress Sale Under IC 25-18-1-6
    Based Upon Value of Inventory [IC 33-32-5-2]
    $0 - $25,000$ 40.00
    $25,000 - $50,000$ 65.00
    $50,000 - $75,000$ 100.00
    $75,000 and Over$ 150.00
  • Miscellaneous Fees

    Tax Warrant Fees; For entering in the judgment docket, each warrant

    • [IC 6-8.1-8-2] - $ 3.00

    Department of Workforce Development Warrants [IC 22-4-29-8]:

    • for Recording each Warrant - $ 3.00

    Recognizance Bonds - Recording and Releasing:

    • When Recorded in a County Other Than Where Prosecution is Pending - $ 1.00
    • For Recording any Such Release [IC 35-33-8.5-9] - $ 0.50

    Support and Maintenance Fee - Applies to an action in which the final court order requires a person to pay support or maintenance payments through the clerk. The fee is due at the time of the first support or maintenance payment each calendar year.

    • [IC 33-37-5-6] - $ 55.00

    Alcohol Abuse Deterrent Program Fee - Applies to criminal actions defined under

    • [IC 9-30-9-8] - May not exceed - $ 400.00

    Alcohol Abuse Deterrent Program Medical Fee - Applies to criminal actions, defined under

    • [IC 9-30-9-8] - May not exceed - $ 150.00

    The clerk shall collect the alcohol abuse deterrent program fee, or a medical fee, or both in a county that has established a Circuit Court Alcohol Abuse Deterrent Program Under IC 9-30-9, unless the court determines the defendant is indigent. [IC 33-37-5-11]

    Document Storage Fee

    • Applies to all civil, criminal, infraction, and ordinance violation actions. - $ 2.00
    • Document storage fees are remitted monthly to the County Auditor for deposit to the Clerk's Record Perpetuation Fund. [IC 33-37-5-20]

    Late Payment Fees

    • Applies to each action where a defendant is found, in a court that has a local court rule imposing a late payment fee, to have: committed a crime; violated a statute defining an infraction; violated an ordinance; or committed a delinquent act. The defendant is required to pay court costs, a fine, or civil penalty. The defendant is not indigent and fails to pay the costs, fine, or penalty in full before the later of the following: the end of the business day on which the court enters conviction or judgment; or the end of the period specified in a payment schedule set under rules adopted for the operation of Tax Warrant Fees; For entering in the judgment docket, each warrant the court. - $ 25.00
    • A court may suspend this fee if it finds the defendant had good cause for failure to make timely payment.
    • The clerk of the circuit court shall monthly distribute 100% of late payment fees collected to the county auditor. If so directed by ordinance, the county auditor shall deposit 40% of the late payment fees in the Clerk's Record Perpetuation Fund and 60% into the County General Fund. If the county council has not adopted an ordinance, late payment fees are deposited in the County General Fund. [IC 33-37-5-22]

    Sexual Assault Victims Assistance Fee

    • The court shall assess the sexual assault victim’s assistance fee in certain sexual assault cases.
      • Until June 30, 2014 - At Least $500 and Not More Than $5,000
      • As of July 1, 2014 - At Least $250 and Not More Than $1,000
      • The clerk semiannually distributes 100% of the sexual assault victims assistance fee to the Auditor of State for deposit to the Sexual Assault Victim's Assistance Fund. [IC 33-37-5-23]

    Small Claims Service Fee

    • For each Defendant Named or Added

    Small Claims Garnishee Service Fee - $ 10.00

    • The clerk for each garnishee defendant named or added that exceeds three distributes monthly to the County Auditor for deposit in the County General Fund. [IC 33-37-4-6]

    Alternative Dispute Resolution Fee - $ 20.00

    • If the county has an approved alternative dispute resolution program, applies to a party filing a petition for legal separation, paternity, or dissolution of marriage.
    • The clerk distributes these fees each month to the county auditor for deposit into the alternative dispute resolution fund. [IC 33-23-6-1]

    Sheriff Service of Process Fee - $ 15.00

    • A party requesting service of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff shall pay a sheriff service of process fee. [IC 33- 37-5-15(a)]
    • The statute states that the sheriff shall collect this fee one time per case. Sheriff’s departments do not have case management systems so we have asked clerks to collect, account for, and remit this fee using their case management systems and will not take exception during an audit if the clerk does the collection and accounting for this fee.
    • It is our audit position that the fee be collected by the clerk of the court hearing the case and remitted to the county auditor for benefit of the sheriff’s pension trust fund in the county where the case is heard regardless of which county or counties may be serving papers. This should not be construed to be a legal position but is the position we would take during an audit of the county.
    • This miscellaneous fee is separate from other monies the sheriff’s pension trust fund may receive from the service of papers under IC 33-37-5-15(b) and IC 33-37-7-11, which are not the responsibility of the clerk to remit for deposit into the pension trust fund.

    Public Defense Administration Fee - $ 5.00

    • Applies to all proceedings in circuit, superior, probate, municipal, and small claims courts, except criminal, infractions, and ordinance violations unless a person is convicted of an offense; required to pay a Pretrial diversion fee; found to have committed an infraction; or found to have violated an ordinance. This fee does not apply to deferral program participants. [IC 33-37-5-21.2]

    Judicial Insurance Adjustment Fee - $ 1.00

    • Applies to all proceedings in circuit, superior, probate, municipal, and small claims courts, except criminal, infractions, and ordinance violations unless a person is convicted of an offense; required to pay a Pretrial diversion fee; found to have committed an infraction; or found to have violated an ordinance. This fee does not apply to deferral program participants. [IC 33-37-5-25]

    Judicial Salaries Fee - $20.00

    • Applies to all proceedings in circuit, superior, probate, and municipal courts, except criminal, infractions, ordinance violations and small claims unless a person is convicted of an offense; required to pay a Pretrial diversion fee; found to have committed an infraction; or found to have violated an ordinance. This fee does not apply to deferral program participants.
    • Small Claims Proceedings - $15.00 [IC 33-37-5-26]

    DNA Sample Processing Fee - $ 2.00

    • Applies to each action in which a person is: convicted of an offense; required to pay a pretrial diversion fee; found to have committed an infraction; or found to have violated an ordinance. [IC 33-37-5-26.2]

    Court Administration Fee - $ 5.00

    • Applies to all proceedings in circuit, superior, probate, municipal, and small claims courts, except criminal, infractions, and ordinance violations unless a person is convicted of an offense; required to pay a Pretrial diversion fee; found to have committed an infraction; or found to have violated an ordinance. This fee does not apply to deferral program participants. [IC 33-37-5-27]

    Civil Service Fee - $10.00 each

    • For each additional defendant that is not a garnishee defendant named other than the first named defendant, whether included in the original action filed or added.
    • This fee is not applicable to an action in which service is made by publication in accordance with Indiana Trial Rule 4.13. [IC 33-37-5-28]

    Civil Garnishee Service Fee - $10.00 each

    • For each garnishee or garnishee defendant named or added after three (3).
    • This fee is not applicable to an action in which service is made by publication in accordance with Indiana Trial Rule 4.13. [IC 33-37-5-28]

    Pro Bono Legal Services Fee - $ 1.00

    • Applies to civil, small claims and probate cases. [IC 33-37-5-31]

    Mortgage Foreclosure Counseling and Education Fee - $50.00

    • Applies to a party filing an action to foreclose a mortgage. This fee expires January 1, 2015. [IC 33-37-5-32]
  • County User Fees

    Informal Adjustment Program Fee

    • The juvenile court may order each child who participates in a program of informal adjustment or the child’s parents to pay this fee for each month that the child participates in the program in lieu of court cost fees prescribed by IC 33-37-4-3. This is the same fee discussed on page 7-5. [IC 31-37-9-9]
    • At Least $5 but Not More Than $15 Per Month.

    Marijuana Eradication Program Fee - Applies only to Criminal Actions

    • The clerk shall collect the marijuana eradication program fee set by the court under IC 15-16-7-8 if: (1) a weed control board has been established under IC 15-16-7-3, and (2) the person has been convicted of an offense under IC 35-48-4 in a case prosecuted in that county. [IC 33-37-5-7]
    • Not more than $ 300.00

    Alcohol and Drug Services Program Fee – Applies to criminal, infraction and ordinance violations, except cases excluded under IC 33-37-4-2(d)

    • The clerk shall collect the alcohol and drug services program fee set by the court under IC 12-23-14-16 in a county that has established an alcohol and drug services program. [IC 33-37-5-8]
    • May not exceed $ 400.00

    Law Enforcement Continuing Education - Applies to any action in which a defendant is found to have committed a crime, violated a statute defining an infraction, or violated an ordinance of a city or town.

    • $ 4.00
    • The clerk shall collect a law enforcement continuing education program fee of four dollars ($4.00) [IC 33-37-5-8]

    Pretrial Diversion Program Fee - Applies to criminal actions

    • The clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-39-1-8 requires the payment of those fees by the accused person in the amounts specified in IC 33-37-4-1.
    • Initial User's Fee - $ 50.00
    • Monthly User's Fee - $ 10.00

    Deferral Program Fee - Applies to infractions or ordinance violations

    • The clerk shall collect a deferral program fee if an agreement between a prosecuting attorney and the person charged with a violation under IC 34-28-5-1 requires payment of those fees by the person charged with the violation.
    • Initial User's Fee - May Not Exceed - $ 52.00
    • Monthly User's Fee - May Not Exceed - $ 10.00

    Informal Adjustment Program Fee

    • The juvenile court may order each child who participates in a program of informal adjustment or the child’s parents to pay this fee for each month that the child participates in the program in lieu of court cost fees prescribed by IC 33-37-4-3. This is the same fee discussed on page 7-5. [IC 31-37-9-9]
    • At Least $5 but Not More Than $15 Per Month.

    Jury Fee

    • Applies to each action in which a defendant is found to have committed a crime, infraction or violated an ordinance. This program fund and it’s uses are discussed on page 7-25. [IC 33-37-5-19]
    • $ 2.00

    Problem Solving Court Fee

    • Local Court Rule
    • The problem solving court fees are charged as ordered by the court in accordance with the schedule adopted by local court rule only after the problem solving court has been properly established by the local court and approved by the Indiana Judicial Center under IC 33-23-16. [IC 33-37-5-24]
  • State User Fees

    Alcohol and Drug Countermeasures Fee - $ 200.00

    • Applies to actions in which a person is found to have committed an offense under IC 9-30-5, violated a statute defining an infraction under IC 9-30-5, or been adjudicated a delinquent that would be an offense under IC 9-30-5, if committed by an adult, and the person's driving privileges are suspended as a result of the finding.
    • The clerk shall also collect an alcohol and drug countermeasures fee in each action in which:
      1. a person is charged with an offense under IC 9-30-5; and
      2. by a plea agreement or an agreement of the parties that is approved by the court:
        1. judgment is entered for an offense under: (i) IC 9-21-8-50; (ii) IC 9-21-8-52; (iii) IC 7.1-5-1-3; or (iv) IC 7.1-5-1-6; and
        2. the defendant agrees to pay the alcohol and drug counter measurers fee. [IC 33-37-5-10]

    Drug Abuse, Prosecution, Interdiction and Corrections Fee

    • Applies to persons convicted of offenses under IC 35-48-4 (offenses relating to controlled substances). [IC 33-37-5-9]
    • At Least $200 and Not More Than $1,000

    Child Abuse Prevention Fee

    • In each criminal action in which a person is found to have committed the offense of murder; causing suicide; voluntary manslaughter, reckless homicide; battery; rape, criminal deviate conduct; child molesting; child exploitation; various sexual gratification; child solicitation; incest; neglect of a dependent; child selling; or child seduction, and the victim of the offense is less than eighteen (18) years of age. [IC 33-37-5-12]
    • $ 100.00

    Domestic Violence Prevention and Treatment Fee

    • In each criminal action in which a person is found to have committed the offense of murder, causing suicide; voluntary manslaughter; reckless homicide; battery; or rape, and the victim: is a spouse or former spouse of the person who committed the offense; is or was living as if a spouse of the person who committed the offense of domestic battery under subdivision (1)(F); or has a child in common with the person who committed the offense of domestic battery under subdivision (1)(F). [IC 33-37-5-13]
    • $ $50.00

    Alcohol and Drug Countermeasures Fee - $ 200.00

    Highway Worksite Zone Fee

    • Applies to criminal, infraction or ordinance violation actions that are traffic offenses (as defined in IC 9-13-2-183). - $ 0.50
    • If the criminal action infraction or infraction is exceeding a worksite speed limit (as provided in IC 9-21-5-2 and authorized by IC 9-21-5-3) or failure to merge (as provided in IC 9-21-8-7.5) and the judge orders the clerk to collect the fee for exceeding a worksite speed limit. [IC 33-37-5-14] - $ 25.50

    Safe Schools Fee

    • In each criminal action in which a person is convicted of an offense in which the possession or use of a firearm was an element of the offense, the court shall assess a safe schools fee. [IC 33-37-5-18]
    • At Least $200 and Not More Than $1,000

    Automated Record Keeping Fee

    • Applies to all civil, criminal, infraction, and ordinance violation actions.
    • Automated Record Keeping Fee - $ 7.00
    • Automated Record Keeping Deferral/Diversion Fee - $ 5.00
      • The clerk shall collect an automated record keeping fee of:
        1. seven dollars ($7) in all actions except actions described in subdivision (2);
        2. five dollars ($5) with respect to actions resulting in the accused person entering into a:
          1. pretrial diversion program agreement under IC 33-39-1-8; or
          2. deferral program agreement under IC 34-28-5-1; and
        3. five dollars ($5) after June 30, 2015.

    We will refer to the five dollar ($5) fee in number (2) above as the automated record keeping deferral/diversion fee. The accounting for this fee can be different than the accounting and remittance of the automated record keeping fee in subdivision (1) above. Therefore, we will ask that these fees be kept separate from each other.

    IC 33-37-7-2 requires the clerk to semiannually distribute 25% of the drug abuse, prosecution, interdiction, corrections, and alcohol and drug countermeasures fees collected to the Auditor of State for deposit in the state user fee fund. The remaining 75% of these fees shall be distributed to the county auditor monthly for deposit into the county’s drug free community fund, number 1148. 100% of the child abuse prevention fees, domestic violence prevention and treatment fees, safe schools fees, and the highway work zone fees are to be distributed semiannually to the Auditor of State, for deposit into the state user fee fund.

    For a county operating under the state’s automated judicial system, one hundred percent (100%) of the automated record keeping fee; not the automated record keeping deferral/diversion fee is to be remitted semiannually to the State Auditor for the state user fee fund. Before July 1, 2015, in a county not operating under the state’s automated judicial system, five dollars ($5) of the automated record keeping fee is to be deposited to the state user fee fund by semiannual remittance to the State Auditor’s office. The remaining $2 of the automated record keeping fee prior collected prior to July 1, 2015, in a county that does not use Odyssey is to be deposited with the county auditor monthly into the clerk’s record perpetuation fund, number 1119.

    The clerk of a circuit court shall distribute semiannually to the auditor of state as the state share for deposit in the homeowner protection unit account established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping deferral/diversion fees collected under IC 33-37-5-21 with respect to actions resulting in the accused person entering into a pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1.

    After June 30, 2015, a county not operating under the states automated judicial system, will distribute eighty percent (80%) of the automated record keeping fee; not including the automated record keeping deferral/diversion fees to the state user fee fund by semiannual remittance to the State Auditor. Twenty percent (20%) will be deposited at the county auditor’s office into the clerk’s record perpetuation fund for these counties. Counties using Odyssey will continue to deposit one hundred (100%) of the automated record keeping fees to the state user fee fund semiannually.

  • Supplemental Public Defender Services Fund

    Where a court finds that a person has the ability to pay the cost of his or her defense, the court will require payment of the following into this fund [IC 33-9-11.5-6]:

    1. Reasonable attorney fees, if any attorney was approved by the court, and
    2. Costs incurred by a county as a result of court-appointed legal services rendered to this person.

    Such payments should be receipted separately and remitted monthly to the County Auditor.

  • Bail (10% Cash Bonds) - Administrative Fee

    The court may admit a defendant to bail and require the defendant to execute a bail bond by depositing cash or securities with the clerk in an amount not less than ten percent (10%) of the bail. If the defendant is convicted, the court may retain all or part of the cash or securities to pay fines, costs, fees, and restitution, if ordered by the court. A portion of this deposit, not to exceed ten percent (10%) of the monetary value or fifty dollars ($50.00), whichever is the lesser amount, may be retained as an administrative fee. [IC 35-33-8-3.2]

  • Costs and Fees

    For your convenience we have included quick reference guides at the back of this section for:

    • 7A-Costs and fees by case type; and
    • 7B-Distribution of costs and fees.
  • Appeal from City Court and Town Court

    An appeal from a judgment of a city court may be taken to the circuit or superior court of the county and tried de novo.

    An appeal from a judgment of a town court may be taken to the superior or circuit court of the county within thirty (30) days from the rendition of the judgment. [IC 33-35-5-9]

    NOTE: TRIAL DE NOVO RULES 1, 2, and 3, require city and town courts receiving such appeals to vacate judgments within 15 days of the entry of the judgment. All court costs collected by a city or town court in a trial de novo case shall be retained. Any judgments or fines collected shall be sent to the clerk of the circuit court.

  • Appeal by Prisoner

    A prisoner against whom punishment is adjudged by a city court may appeal to the circuit court of the county, within thirty (30) days after the judgment. If the prisoner, within the thirty (30) days, enters into recognizance for his appearance in court and causes to be filed in the court, with forty-five (45) days, all other papers, documents, and transcripts necessary to complete his appeal, then the appeal stays all further proceedings on the judgment in the court below. However, the prisoner may remain in jail on the prisoner’s sentence instead of furnishing a recognizance and an appeal without recognizance does not stay the execution of the court below. [IC 33-35-5-9]

  • Bail and Bail Procedures

    The court may admit the defendant to bail and impose any of the following conditions to assure the defendant's appearance at any stage of the legal proceedings:

    1. Require the defendant to execute a bail bond with sufficient solvent sureties or to deposit cash or securities in an amount equal to the bail, or to execute a bond secured by real estate in the county where thirty-three hundredths (.033) of the true tax value less encumbrances is at least equal to the amount of the bail, post a real estate bond or perform any combination of these. If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the defendant and each person who makes a deposit on behalf of the defendant to execute an agreement that allows the court to retain all or a part of the cast to pay publicly paid costs of representation and fines, costs, fees and restitution that the court may order the defendant to pay if convicted. The defendant must also pay the special death benefit fee.
    2. Require the defendant to execute a bail bond by depositing cash or securities with the clerk of the circuit court, in an amount not less than ten percent (10%) of the bail; if the defendant is convicted and an agreement that allows the court to retain all or part of the cash or securities to pay fines, costs, fees and restitution that the court may order the defendant to pay if convicted. If the defendant is convicted, the court may retain all or part of the cash or securities to pay fines, costs, fees, and restitution, if ordered by the court, publicly paid costs of representation and the special death benefit fee. A portion of this deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as and administrative fee.
    3. Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release.
    4. Require the defendant to refrain from any direct or indirect contact with an individual and if the defendant is charged with an offense under IC 35-46-3, any animal belonging to the individual.
    5. Place the defendant under reasonable supervision of a probation officer, pretrial services agency or other appropriate public official. If the court places the defendant under supervision of a probation officer or pretrial services agency, the court shall determine whether the defendant must pay the pretrial services fee under IC 35-33-8-3.3.
    6. Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court.
    7. Release the defendant on personal recognizance.
    8. Require a defendant charged with an offense under IC 35-46-3 to refrain from owning harboring, or training an animal.
    9. Impose any other reasonable restrictions designed to assure the defendant's appearance in court or the physical safety of another person or the community. [IC 35-33-8-3.2]

    Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining from a 10% cash deposit to the defendant. The portion of the deposit that is not remitted to the defendant shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-40- 3. Disposition occurs when the indictment or information is dismissed or the defendant is acquitted or convicted of the charges.

    The clerk of the court shall: (1) collect a fee of five dollars ($5) from each bond or deposit that is the full amount of the bail as required under IC 35-33-8-3.2(a)(1); and (2) retain a fee of five dollars ($5) from each 10% cash deposit allowed by IC 35-33-8-3.2(a)(2). The clerk of the court shall semiannually remit the fees collected under this subsection to the board of trustees of the Indiana public retirement system for deposit in the special death benefit fund. This is done by monthly deposit with the county auditor into fund 7104, Special Death Benefit Fee Fund. The fee required by subdivision (2) is in addition to the administrative fee that may be retained by the clerk. With the approval of the clerk of the court, the county sheriff may collect the bail posted. The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5) special death benefit fee to the county auditor.

    When a court imposes a condition of bail described in IC 35-33-8-3.2(a)(4), where the defendant is to refrain from contact with an individual or animal belonging to the individual: the clerk of the court shall comply with IC 5-2-9 regarding protective order depositories; and the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk.

  • Pretrial Services Fee

    If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial services agency, the court may order the defendant to pay the pretrial services fee if:

    1. the defendant has the financial ability to pay the fee; and
    2. the court finds by clear and convincing evidence that supervision by a probation officer or pretrial services agency is necessary to ensure the:
      1. defendant's appearance in court; or
      2. physical safety of the community or of another person.

    If a clerk of a court collects a pretrial services fee, the clerk may retain not more than three percent (3%) of the fee to defray the administrative costs of collecting the fee. The clerk shall deposit amounts retained under this subsection in the clerk's record perpetuation fund established under IC 33- 37-5-2.

    If a clerk of a court collects a pretrial services fee from a defendant, upon request of the county auditor, the clerk shall transfer not more than three percent (3%) of the fee to the county auditor for deposit in the county general fund.

    The court may order a defendant who is supervised by a probation officer or pretrial services agency and charged with an offense to pay:

    1. an initial pretrial services fee of at least twenty-five dollars ($25) and not more than one hundred dollars ($100);
    2. a monthly pretrial services fee of at least fifteen dollars ($15) and not more than thirty dollars ($30) for each month the defendant remains on bail and under the supervision of a probation officer or pretrial services agency; and
    3. an administrative fee of one hundred dollars ($100); to the probation department, pretrial services agency, or clerk of the court if the defendant meets the conditions set forth above to be subject to a pretrial services fee.

    The probation department, pretrial services agency, or clerk of the court shall collect the administrative fee before collecting any other pretrial services fees. Except for the 3% shares that may be retained for the clerk’s record perpetuation fund and the county general fund, all money collected by the probation department, pretrial services agency, or clerk of the court under this section shall be transferred to the county treasurer, who shall deposit fifty percent (50%) of the money into the county supplemental adult probation services fund and fifty percent (50%) of the money into the county supplemental public defender services fund (IC 33-40-3-1).

    A defendant who is charged with more than one (1) offense and who is supervised by the probation department or pretrial services agency as a condition of bail may not be required to pay more than: one (1) initial pretrial services fee; and one (1) monthly pretrial services fee per month.

    A probation department or pretrial services agency may petition a court to: impose a pretrial services fee on a defendant; or increase a defendant's pretrial services fee; if the financial ability of the defendant to pay a pretrial services fee changes while the defendant is on bail and supervised by a probation officer or pretrial services agency. An order to pay a pretrial services fee under this section:

    1. is a judgment lien that, upon the defendant's conviction:
      1. attaches to the property of the defendant;
      2. may be perfected;
      3. may be enforced to satisfy any payment that is delinquent under this section; and
      4. expires; in the same manner as a judgment lien created in a civil proceeding;
    2. is not discharged by the disposition of charges against the defendant or by the completion of a sentence, if any, imposed on the defendant;
    3. is not discharged by the liquidation of a defendant's estate by a receiver under IC 32-30-5; and
    4. is immediately terminated if a defendant is acquitted or if charges against the defendant are dropped.

    If a court orders a defendant to pay a pretrial services fee, the court may, upon the defendant's conviction, enforce the order by garnishing the wages, salary, and other income earned by the defendant.

    If a defendant is delinquent in paying the defendant's pretrial services fee and has never been issued a driver's license or permit, upon the defendant's conviction, the court may order the bureau of motor vehicles to not issue a driver's license or permit to the defendant until the defendant has paid the defendant's delinquent pretrial services fee. If a defendant is delinquent in paying the defendant's pretrial services fee and the defendant's driver's license or permit has been suspended or revoked, the court may order the bureau of motor vehicles to not reinstate the defendant's driver's license or permit until the defendant has paid the defendant's delinquent pretrial services fee.

  • Bail Agents - Forfeited Bonds - Duty of Clerk

    If the undertaking is a property bond, the clerk shall record the same in the proper records of the county. If the undertaking describes property in another county, the clerk of the trial court shall transmit the undertaking to the clerk of such other county, who shall likewise record it and return it to the first mentioned clerk. The undertaking shall be a lien on any real property described in it, until released in accordance with IC 35-33-8.5. [IC 27-10-2-9]

    An undertaking is valid if it states: the court where the defendant is to appear; the amount of the bail; and that it was made before an official legally authorized to take the bond.

    Any undertaking written after August 31, 1985, shall expire thirty-six (36) months after it is posted for the release of a defendant from custody. This does not apply to cases in which a bond has been declared to be forfeited, and the surety and bail agent have been properly notified. [IC 27-10-2-3]

    The court having jurisdiction of the offense shall order that a surety be exonerated from liability for an undertaking and that any money or bonds deposited as bail be refunded when the person surrendering the defendant has: (1) presented to the court both of the documents described in IC 27-10-2-6(a); and (2) given to the prosecuting attorney: (A) three (3) days notice; and (B) copies of both the documents described in IC 27-10-2-6(a). [IC 27-10-2-6]

    Recognizances, in a form similar to the one shown at the end of this manual, together with a transcript of the proceedings and all papers in the case, shall be filed with the clerk of the proper court, who shall docket the case and record such recognizance and enter it on the judgment docket, all as provided in IC 35-33-8.5. From the date of the entries in the records of the respective counties as provided in IC 35-33-8.5, it shall be a lien upon all lands in the counties where recorded owned by any of the obligors, and any judgment afterward had upon it shall relate back to the date of entry in such county, or counties, where any such lands are situated.

    If a defendant does not appear as provided in the bond, the court shall issue a warrant for the defendant's arrest and order the bail agent and the surety to surrender the defendant to the court immediately and the clerk shall less than 30 days after the defendant’s failure to appear mail notice of the order to both the bail agent and the surety at each of the addresses indicated in the bonds. The bail agent must produce the defendant or prove that the appearance of the defendant was prevented by the defendant's illness or death, because the defendant was at the scheduled time of appearance or currently is in the custody of the United States, a state, or a political subdivision thereof, or because the required notice was not given, and the defendant's absence was not with the consent or connivance of the sureties.

    If the bail agent does not comply with the above terms within one hundred twenty (120) days of the mailing of notice required, a late surrender fee shall be assessed against the bail agent as follows:

    1. If compliance occurs more than one hundred twenty (120) days but not more than one hundred eighty (180) days after the mailing of notice, the late surrender fee is twenty percent (20%) of the face value of the bond.
    2. If compliance occurs more than one hundred eighty (180) days but not more than two hundred ten (210) days after the mailing of notice, the late surrender fee is thirty percent (30%) of the face value of the bond.
    3. If compliance occurs more than two hundred ten (210) days but not more than two hundred forty (240) days after the mailing of notice, the late surrender fee is fifty percent (50%) of the face value of the bond.
    4. If compliance occurs more than two hundred forty (240) days but not more than three hundred sixty-five (365) days after the mailing of notice, the late surrender fee is eighty percent (80%) of the face value of the bond.
    5. If the bail agent does not comply with the above terms within three hundred sixty-five (365) days of the mailing of notice, the late surrender fee is eighty percent (80%) of the face value of the bond.

    All late surrender fees are due as of the date of compliance or three hundred sixty-five (365) days after the mailing of notice, whichever is earlier, and shall be paid by the surety when due. If the surety fails to pay, then the late surrender fees shall be paid by the commissioner of the Department of Insurance as provided in IC 27-10-2-12(f).

    If the bail agent does not comply with the terms of IC 27-10-2-12(b) within three hundred sixty-five (365) days of the mailing of notice, the court shall declare forfeited an amount equal to twenty percent (20%) of the face value of the bond. The court shall immediately enter judgment on the forfeiture, without pleadings and without change of judge or change of venue, and assess against the bail agent all actual costs resulting from the defendant's failure to appear. These costs include jury fees, witness fees, and any other documented costs incurred by the court. [IC 27-10-2-12(d)]

    Proceedings relative to the bond, forfeiture of any bond, judgment on the forfeiture, execution of judgment, or stay of proceedings shall be in the court in which the bond was posted. Costs and late surrender fee assessed against a bail agent shall be satisfied without further order of the court. The court may waive the late surrender fee or extend the period for payment beyond the statutorily permitted period, or both, if a written request is filed with the court and the prosecutor and the surety or bail agent provides evidence satisfactory to the court that diligent efforts were made to locate the defendant. [IC 27-10-2-12(e)]

    In case of an insurer, if the fees, costs, or judgment is not paid, then the clerk shall mail notice to the commissioner. The commissioner shall:

    1. Within ten (10) days of receipt of the notice forward a copy by certified mail to the insurer;
    2. Forty-five (45) days after receipt of the notice from the clerk, if the commissioner has not been notified by the clerk that the fees or judgment or both have been paid, pay the late surrender fee assessment, costs, and any judgment of forfeiture ordered by the court from funds the insurer has on deposit with the department of insurance;
    3. Upon paying the assessment, costs, and judgment, if any, from funds on deposit, immediately revoke the license of the insurer, if the satisfaction causes the deposit remaining to be less than the amount required by this article; and,
    4. Within ten (10) days of revoking a license, notify the insurer and its agents and the clerk of each county in Indiana of the revocation and the insurer shall be prohibited from conducting bail bond business in Indiana until the deposit has been replenished. [IC 27-10-2-12(f)]

    The notice mailed by the clerk to the commissioner shall include:

    1. The date on which the defendant originally failed to appear as provided in the bond.
    2. The date of compliance, if compliance was achieved within three hundred sixty-five (365) days after the mailing of the notice.
    3. The amount of the bond.
    4. The dollar amount of the late surrender fee due.
    5. The amount of costs resulting from the defendant's failure to appear.
    6. If applicable, the dollar amount of the judgment of forfeiture entered by the court.

    Any surety on such bond may appeal to the court of appeals as in other civil cases without moving for a new trial, and on such appeal the evidence, if any, shall be reviewed.

    Fifty percent (50%) of the late surrender fees collected shall be deposited in the police pension trust fund established under IC 36-8-10-12, county fund 5501, and fifty percent (50%) shall be deposited in the county extradition fund established under IC 35-33-14, county fund 1155. [IC 27-10-2-12(j)]

    A bail agent may not become a surety on an undertaking unless the bail agent has registered the bail agent's license in the office of the sheriff and with the clerk of the circuit court in the county in which the bail agent resides. The bail agent may then become a surety on an undertaking in any other county upon filing a copy of the bail agent's license in the office of the sheriff and with the clerk of the circuit court in the other county. A surety bail agent must also file an original qualifying power of attorney signed by the bail agent and attached to a specimen bail bond with the clerk of the circuit court and file a copy of the qualifying power of attorney with the office of the sheriff. The clerk of the circuit court and the sheriff may not permit the registration unless the recovery agent is properly licensed by the commissioner under this article.

    A recovery agent may not perform the recovery agent's duties unless the recovery agent has registered the recovery agent's license within fifteen (15) days of issuance or any renewal in the office of the sheriff and with the clerk of the circuit court in the county where the recovery agent resides. The clerk of the circuit court and the sheriff may not permit a registration unless the recovery agent is properly licensed by the commissioner under this article. [IC 27-10-3-17]

General Court Cost Provisions - Criminal Actions

  • Criminal Actions - Costs

    A person who is convicted of an offense is liable for costs. Costs are not a part of the sentence and may be suspended only after the court has conducted a hearing and determined that the convicted person is indigent.

    However, whenever two (2) or more charges against a person are joined for trial; and the person is convicted of two (2) or more offenses in the trial; the court may waive the liability for all but one (1) of the offenses.

    If a person is acquitted or an indictment or information is dismissed by order of the court, the person is not liable for costs. [IC 33-37-2-2]

  • Hearing to Determine Indigency

    Except as stated below, when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order that the person pay: the entire amount at the time sentence is pronounced; the entire amount at some later date; or specified parts at designated intervals.

    A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs: at the time the costs are due; at some later date; or at designated intervals.

    If a court suspends payment of costs, the court retains jurisdiction over the convicted person until the convicted person has paid the entire amount of the costs.

    If, after a hearing, the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county’s supplemental public defender services fund established under IC 33-40-3-1, county fund number 1200. A person ordered to pay part of the costs of representation has the same rights and protections as those of other judgment debtors under the Constitution of the State of Indiana and Indiana law. [IC 33-37-2-3]

  • Default in Payment of Costs

    Upon any default in the payment of the costs, an attorney representing the county may bring an action on a debt for the unpaid amount or the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20.00) for each twenty-four (24) hour period the person is confined, until the amount paid, plus the amount credited, equals the entire amount due; or the court may institute contempt proceedings to enforce the court’s order for costs. [IC 33-37-2-3]

  • State to Pay Costs of Trial of Offenses Committed by Prison Inmates

    The state shall pay all costs of trial in a prosecution for an offense committed by an inmate of a state correctional facility and in the county in which the correctional facility is located.

    The costs of trial to be paid include court fees and expenses incurred by the county sheriff in returning the defendant to the jurisdiction of the court and keeping the defendant in custody until trial. [IC 33-37-2-4]

  • Fines or Penalty in Addition to Costs

    The fees prescribed by IC 33-37-4-2 are costs and may be collected from the defendant against whom a conviction is entered. Any penalty assessed is in addition to costs.

  • Costs - Other - When Required

    The judges of circuit, superior and probate courts are authorized and directed to require by court order the advance payment of other court costs.

  • Fee Bills - Collection of Costs

    Fee bills and executions may issue for collection of costs in the proper cases against parties to the action, relators, persons for whose use an action is brought and sureties on undertakings for the payment of costs. [IC 34-52-1-8]

  • Fee Bills - Issuance and Collection

    Within seventy-five (75) days after a judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged against the party in that action and that remain unpaid. The clerk shall present the fee bill for collection to the sheriff of a county where the debtor party resides or where the debtor party has property.

    The sheriff shall:

    1. Collect the amount due under the fee bill; and
    2. Return the fee bill to the clerk not more than sixty (60) days after the fee bill was issued.

    After the fee bill is presented to the sheriff, it has the effect of an execution and operates as a lien upon the real and personal property of the debtor.

    A successor of an officer may issue fee bills for the fees of the officer's predecessors in office in the manner provided. A clerk may issue the fee bills of the sheriff or former sheriffs of the county in the same manner. [IC 33-37-4-10]

  • Fee - When Payable

    The docket or filing fee is payable when such civil action or proceeding is filed and made a matter of record by a docket, except in those cases specifically exempt by the act or in actions not included within the legal definition thereof.

  • Filing Fee Not Required for Petition for Reinstatement

    A filing fee will not be required upon redocketing a case.

    For instance, a petition to redocket a divorce action for the modification of a support order or a petition to reinstate to the docket other actions or proceedings, is actually a petition for reinstatement to the trial docket or calendar. It is for the purpose of considering, reconsidering or reviewing a judgment in an action that was actually filed at a prior date and even to the extent that consideration may be given to new or additional matters.

    The reinstatement merely means replacing the original docket sheet in the bench docket under the original case number. It is not given a new number or entered as a new case in the entry docket.

    A reinstatement to the docket after final judgment will be an additional proceeding to the original civil action for which a fee had previously been paid or was not required if the original action was commenced prior to July 1, 1949.

  • Fines and Forfeitures - Remission of

    By constitutional and statutory authority the Governor of the state is the only person vested with legal authority to remit a fine or forfeiture.

    Article 5, Section 17, of the State Constitution provides in part that the Governor "shall have power to remit fines and forfeitures under such regulations as may be prescribed by law; . . ." Attention is also directed to IC 11-9-2-1, whereupon it is apparent that the Governor has authority to remit fines and forfeitures upon proper application.

    In the case of State v. Rowe, 103 Indiana 118, the court held that "forfeitures can only be remitted by the governor after judgment has been entered declaring the forfeitures."

    Article 8, Section 3, of the Constitution of Indiana provides that "the principal of the common school fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appreciated to the support of common schools, and to no other purpose whatever."

    In Official Opinion No. 29, March 27, 1952, the Attorney General held that the legislature intended fines and forfeitures to be vested in the common school fund when they have been paid into the hands of the county treasurer and a report of such payments made to the Auditor of State. Therefore, fines and forfeitures vest in the common school fund at the time they are paid into the county treasury and a report is made to the Auditor of State. Under these conditions, and pursuant to the restrictions of Article 8, Section 3, of the Constitution of Indiana, such funds being then vested in the common school fund are beyond recall and the Governor is without authority to remit.

    Fines and forfeitures are remitted to the state common school fund through deposit by the clerk with the county treasurer. The report of collections to the county auditor for these remittances should be to the state fines and forfeitures fund, number 7101 on a monthly basis.

General Court Cost Provisions - Civil Actions

  • Civil Actions - Costs When Not Required

    Actions Brought by or on Behalf of the State or any Political Subdivision

    The fees prescribed in civil actions (or paternity actions) may not be collected from the state or a political subdivision in an action brought by or on behalf of the state or any political subdivision. However, the state or a political subdivision is not prohibited from collecting such fees from a defendant if successful in its action. [IC 33-37-3-1]

    Exemption Because of Poverty

    A person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without paying the required fees or other court costs upon filing in court, under oath and in writing, a statement declaring the person is unable to make the payments or give security for them because of the person's indigency, declaring that the person believes that the person is entitled to the redress sought in the action and setting forth briefly the nature of the action.

    If a person brings a civil action or petition for the appointment of a guardian under IC 29-3-5, a clerk shall waive the payment of required fees or other court costs by the person without court approval if:

    1. the person is represented by an attorney:
      1. who: is employed by Indiana Legal Services or another civil legal aid program; or
      2. who: is serving as a pro bono attorney; and obtained the person as a client through a direct referral from a pro bono district associated with one (1) of the fourteen (14) administrative districts in Indiana established by the Indiana Rules of Court Administrative Rule 3(a); and
    2. the attorney files a statement with the clerk that:
      1. seeks relief from paying the required fees or other court costs;
      2. declares that the person believes that the person is entitled to the redress sought in the action;
      3. sets forth briefly the nature of the action;
      4. is accompanied by an approved affidavit of indecency ; and
      5. is signed by the attorney.

    This section does not prohibit a court from reviewing and modifying a finding of indigency by the court or a clerk if a person who received relief from the payment of required fees or other court costs ceases to qualify for the relief. [IC 33-37-3-2]

  • Party Entitled to Recover Costs

    A party for whom judgment is entered in a civil action is entitled to recover costs. [IC 33-37-3-4]

  • Prepayment Not Required in Appeals

    The prepayment of fees under this chapter is not required in appeals of civil matters to circuit courts from courts of inferior jurisdiction. [IC 33-37-3-5]

  • Court Costs Include Service of Process by Certified Mail

    Court cost fees under this chapter include service of process by certified mail, unless service by sheriff is requested by the person who institutes the action. The sheriff service of process fee is included in the miscellaneous fees discussed earlier in this chapter and in IC 33-37-5-15.

  • Party Entitled to Recover Private Service of Process Fee

    If personal service of process is carried out by a process server other than the sheriff, the party who paid for the private service is entitled to reimbursement of the cost of the private service as a part of any judgment that the party may recover. [IC 33-37-3-7]

  • No Fee to be Charged for Name Change Under IC 31-1-11.5-18

    Notwithstanding IC 33-37-4-4, the clerk may not collect a separate civil fee for a name change action initiated under IC 31-15-2-18. [IC 33-37-3-8]

Miscellaneous General Court Cost Provisions

  • Prepayment When Not Required

    Prepayment of fees is not required in proceedings for adoption or the appointment of a guardian. [IC 33-37-3-9]

  • Court Cost Fees - Infractions

    The fees prescribed by IC 33-37-4-1 are costs for purposes of IC 34-28-5-4 and may be collected from a defendant against whom conviction is entered. A fine or penalty imposed is in addition to costs. [IC 33-37-2-5]

  • Change of Venue Court Cost Fee

    The clerk of the court from which the action is transferred shall collect from the party seeking a change of venue a fee equal to that required by: IC 33-37-4-4 for civil actions; IC 33-37-4-6 for small claims cases; or IC 33-37-4-7 for probate cases. The clerk of the transferring court shall forward the fee to the clerk of the court to which the action is transferred. [IC 33-37-4-8]

  • Publication Requirements

    If publication by notice is required by law in any action, the party or the attorney for the party from whom the notice is required shall pay the cost of publication directly to the publisher of the notice and file proof of publication with the clerk. [IC 33-37-1-4]

  • Juvenile Court - Pregnant Minors

    Payment of filing fees is not required by a pregnant minor filing proceedings under IC 16-34-2-4 concerning abortion cases. [IC 16-34-2-4(h)]

  • Nonresident Motorist - Service of Process Upon Secretary of State - Fee

    When service of process is required of a nonresident operator of a motor vehicle growing out of an accident or collision on Indiana streets or highways or any other place within this state, such service must be upon the Secretary of State. The Secretary of State is deemed to be the appointed attorney of the nonresident for purposes of service of process. Such appointment of the Secretary of State shall be irrevocable and binding upon the executor or administrator of the nonresident. Service of such process shall be made by leaving a copy thereof, with the fee of $10.00, for such defendant to be served, with the Secretary of State or in that office. [IC 23-1-18-3 and IC 34-33-3-1]

    If a nonresident has died before the commencement of an action brought under this chapter, service of process shall be made on the executor or administrator of the nonresident in the same manner and with the same notice as is provided for the nonresident. [IC 34-33-3-4]

    If an action has been commenced under this chapter by service upon a nonresident who dies thereafter, the court shall allow the action to be continued against the executor or administrator upon motion with notice that the court considers proper. [IC 34-33-3-5]

  • Paternity

    If proceedings are brought pursuant to IC 31-14, the court may tax as costs the reasonable expenses of any medical tests. Such proceedings are civil actions and not criminal. Therefore, the costs to be taxed are the same as are required to be charged and collected at any other civil action.

    Upon the filing of a petition to establish paternity, the clerk of the court shall prepare a notice of the filing on a form prescribed and furnished by the State Department of Health. This notice must be forwarded to the State Department of Health not later than five (5) days after a petition to establish paternity has been filed.

    Upon a finding that a man is a child’s biological father, the clerk of the court shall prepare a record of the paternity determination on a form prescribed and furnished by the State Department of Health. Not later than the tenth day of each month, the clerk of the court shall forward to the State Department of Health the following:

    1. Each record of a paternity determination entered during the preceding month.
    2. Each order entered during the preceding month indicating that a court has set aside a paternity determination.
    3. Any other related reports that the state department of health requires. [IC 31-14-9]
  • Statement with Remittance - Change of Venue

    The clerk remitting the costs is required to furnish a statement with the remittance showing the case number of the county of origin, the title of the case and the items of costs paid. A copy of the Change of Venue Claim, County Form 40A, is sufficient for this remittance statement. [IC 34-35-6-2]

  • Trusts - Public and Benevolent

    Upon petition by the settlor, a beneficiary or his or her personal representative, a person designated by the settlor to have advisory or supervisory powers over the trust, or any other person having an interest in the administration or the benefits of the trust, including the Attorney General in the case of a trust for a benevolent public purpose, the court may direct the trustee to file a verified written statement of accounts showing the items listed in IC 30-4-5-13(a). The petition may be filed at any time, provided, however, that the court will not, in the absence of good cause shown, require the trustee to file a statement more than once a year.

    If the court's jurisdiction is of a continuing nature as provided in IC 30-4-6-2, the trustee shall file a verified written statement of accounts containing the items shown in IC 30-4-5-13(a) with the court biennially, and the court may, on its own motion, require the trustee to file such a statement at any other time provided there is good cause for requiring a statement to be filed. [IC 30-4-5-12]

  • Vehicle License - Additional Excise Tax Judgments

    IC 9-18-2-41 provides that the clerk of the court shall, on a calendar year basis, transfer additional vehicle license excise tax judgments collected under IC 6-6-5 or IC 6-6-5.5 to the county auditor who shall disburse the funds to the law enforcement agencies responsible for issuing the citations. The percentage of funds issued to a law enforcement agency is to equal the percentage of total of the citations issued by the law enforcement agency.

    The State Board of Accounts has prescribed General Form 367 (1984), Clerk's Report to Auditor of Additional Judgments For Excise Tax. We recommend monthly filing to eliminate the necessity of carrying these items in trust.

  • Overweight Vehicles - Fines and Penalties - Impoundment and Sale

    The operation of a vehicle or combination of vehicles in violation of one (1) or more of the limitations in IC 9-20-4, IC 9-20-5, or IC 9-20-11 is a continuing offense and the venue for prosecution lies in a county in which the unlawful operation occurred. However, a conviction or acquittal in any one (1) county bars a prosecution in any other county. [IC 9-20-18-1]

    When a person is apprehended operating or causing to be operated a vehicle or combination of vehicles on any public highway with a weight in excess of the limitation under IC 9-20-4, IC 9-20-5, or IC 9-20-11, the vehicle or combination of vehicles shall be detained until its weight is so reduced or distributed to comply with those limitations; the vehicle or combination of vehicles shall, while detained, be kept in the custody of the officer apprehending it and shall be moved only as directed by the officer or by direction of a court. The person who is apprehended may post a bond in a court. If bond is posted and the weight is reduced to within lawful limits, the vehicle or combination of vehicles shall be released by order of the court.

    If no bond is posted, the court may have the apprehending officer impound the property until a bond is posted or until all fines and costs are paid or stayed. [IC 9-20-18-3]

  • Highway Worksite Zone Judgments

    Notwithstanding IC 34-28-5-4(b), a judgment for the infraction of violating a speed limit set out in IC 9-21-5-11 must be entered as follows:

    1. If the person has not previously committed the infraction of violating a speed limit in a worksite zone, a judgment of at least three hundred dollars ($300).
    2. If the person has committed one (1) infraction of violating a speed limit in a worksite zone in the previous three (3) years, a judgment of at least five hundred dollars ($500).
    3. If the person has committed two (2) or more infractions of violating a speed limit in a worksite zone in the previous three (3) years, a judgment of one thousand dollars ($1,000).

    IC 9-21-8-56 sets out misdemeanor penalties for cases involving reckless and aggressive driving in a work zone.

    Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for the aforementioned infractions shall be transferred to the Indiana Department of Transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b). These judgments are different than the highway worksite zone fee which is a state user fee. The judgments are remitted to the State semi-annually by the clerk.

  • Witness Fees

    Criminal Actions

    A witness in a criminal action may receive a fee equal to the mileage paid to state officers for each mile required to travel to and from the court, and for each day of attendance in court a fee equal to fifteen dollars ($15.00) for witnesses subpoenaed under IC 35-37-5-4, or five dollars ($5.00) for all other witnesses if the witness was summoned by the state, was named on the indictment or information, and testified under oath to the material fact in aid of the prosecution. [IC 33-37-10-2]

    Other Actions

    A witness in an action listed in IC 33-37-4-2 through IC 33-37-4-7 is entitled to a fee equal to the mileage paid to state officers for each mile required to travel to and from the court, and five dollars ($5.00) for each day of attendance in court. [IC 33-37-10-3]

    Clerk to Forward Claims

    The clerk shall note witness fees when they are claimed and forward claims to the county auditor or city or town fiscal officer. The clerk is not entitled to a fee for providing an affidavit or other proof of attendance to a witness. [IC 33-37-10-4]

    Payment by County Auditor or City or Town Fiscal Officer

    The county auditor or city or town fiscal officer shall disburse juror or witness fees. The county auditor shall forward the fee to the person within forty-five (45) days after receiving a claim for the fee. [IC 33-37-10-4 and IC 33-37-7-12]

  • Jury Fees

    Jurors of circuit, superior, county, probate, and members of a grand jury are entitled to fees equal to the mileage rate paid to state officers for each mile necessarily traveled to and from the court unless the county has adopted an ordinance providing for the payment of parking fees incurred by jurors. Once the ordinance is adopted, the county may pay parking fees in lieu of juror mileage. The juror is also paid at the rate of fifteen dollars ($15) for each day the juror is in actual attendance in court until the jury is impaneled, and forty dollars ($40) for each day the juror is in actual attendance after impaneling and until the jury is discharged.

    County council may adopt an ordinance to pay from county funds a supplemental fee in addition to the aforementioned fees.

    A prospective juror who is summoned for jury duty and who reports to the summoning court on the day specified in the summons is in actual attendance on that day for the purposes of this section. [IC 33-37-10-1]

  • Clerk to Forward Claims

    The clerk shall note juror fees when they are claimed and forward the claims to the county auditor or city or town fiscal officer.

    The clerk is not entitled to a fee for providing an affidavit or other proof of attendance to a juror. The county auditor or city or town fiscal officer shall disburse jury fees. [IC 33-37-10-4]

  • Punitive Damage Awards

    Except as provided in IC 13-25-4-10, when a finder of fact announces a verdict that includes a punitive damage award entered in a civil action, the party against whom the judgment was entered shall notify the office of the Attorney General of the punitive damages and pay the punitive damage award to the clerk of the circuit court where the action is pending.

    Upon receiving the payment for such punitive damages, the clerk of the court shall:

    1. pay the person to whom punitive damages were awarded twenty-five percent (25%) of the punitive damage award; and
    2. pay the remaining seventy-five percent (75%) of the punitive damage award to the Treasurer of State, who shall deposit the funds into the violent crime victims compensation fund established by IC 5-2-6.1-40. [IC 34-51-3-6]

    The office of the Attorney General may negotiate and compromise the State’s share of the punitive damage award. The State’s interest in the award is effective when a finder of fact announces a verdict that includes punitive damages.

Accounting - Posting Records - Settlement with the County - Closing the Books - Reconciling Depository Balances

  • Reconciling Cash with Receipts at the Close of the Day

    As soon as the office is closed for the transaction of the daily business, the clerk should verify the cash on hand with the receipts for the day. All receipts should be totaled including marriage licenses, fish and game licenses and support. The cash in the drawer must equal the total of the receipts for the day plus any money placed in the drawer for change at the beginning of the day and less any amount that may have been deposited during the day. If there is a difference, an effort must be made to review the day's transactions and attempt to correct whatever difference exists. If the difference cannot be accounted for, the amount should be shown as long or short. Any existing difference must be posted to the cash book and daily balance record in the space provided for that purpose.

  • Posting the Cash Book of Receipts and Disbursements (Form No. 27A)

    After reconciling the cash with the daily receipts, the transactions are to be posted to the cash book of receipts and disbursements.

    Entries to the receipt side of the cash book of receipts and disbursements are to be made from the duplicate receipts in numerical order. Postings should begin with the date of the transaction, the case number and record reference wherein the transaction was entered, from whom received and for what purpose. The total amount received must be entered in the total column of the cash book of receipts and disbursements extending the various items to the proper columns and under the appropriate headings. The distribution to the proper columns will be the same as shown on the receipt.

    Fish and game licenses may be entered in a total amount. If entered in total, the beginning and ending number of the licenses should be shown together with the actual number issued and the fee for each license; e.g., "10 resident Hunting Licenses $8.75 each, 1-10 incl., $87.50."

    The net amount due the Department of Natural Resources is to be entered in the column "Trust Funds." The fees accruing to the county for issuing such licenses are to be entered as fees payable to the county in the column "Miscellaneous Fees." At the end of the month the amount to be paid to the Department of Natural Resources will be the total shown as due to the Department of Natural Resources in the trust register.

    Support may be entered in total. Daily totals for posting should be taken from ISETS.

    Marriage licenses may be entered in total if the total number issued and the beginning and ending pages of the record are shown.

  • Disbursements

    Disbursing entries will be made from remittance slips or from the duplicate checks.

    Checks should be printed so that the record reference may be shown thereon, the title of the case and the purpose of the check. If remittance slips are used, they should be so printed as to give the same information.

    Entries to the disbursements side of the cash book of receipts and disbursements should be entered in the same manner as receipts are entered. Disbursements should be entered in numerical order showing the check number, record reference, to whom and purpose for which the check was issued. The amount of the check should be entered in the total disbursements column and the distribution extended to the appropriate column.

  • Add Columns - Prove Totals

    After all receipts and disbursements have been properly entered, add each column and enter a neat penciled footing immediately under the line of the last posting entry of each day's business. Prove the totals crosswise. The total of all receipts and disbursements must equal the amount shown as the total in the TOTAL COLUMN for receipts and disbursements. If this does not prove, an error has been made and you must retrace your work to find the error and make the necessary correction. It is much easier to detect errors on a daily basis than to wait until the end of the month.

    Reconcile cash receipts daily and make complete daily postings to the cash book regardless of how few transactions you have had.

    When postings have filled a cash book page, prove the totals of receipts and disbursements crosswise before forwarding the amounts to the next page. The totals should be cumulative to the end of the month at which time the regular monthly report to the auditor and settlement with the treasurer will be made.

    The penciled footings made at the close of each day's postings are not to be cumulative but are to apply only to the business of that particular day.

  • Posting Items of Trust

    When items of trust have been posted to the trust column of the cash book, the clerk must automatically realize that a like amount must be posted in the Register of Fees and Funds Held in Trust and in the name of the person for whom it is intended. There is no better time to make the posting to the trust register than at the time the amount is entered in the trust column of the cash book. Upon posting the item of the register, indicate such posting by making a neat check mark following the amount entered in the trust column of the cash book. This is your notice that you have made the proper entry. It is also a convenient identification if the trust register is not in balance with the cash book at the end of the month, particularly if the register appears to be short. A quick glance at the trust column of the cash book may reveal an item not checked which may indicate you omitted the posting. That amount may perhaps be the difference.

  • Clerk's Cash Book and Daily Balance Record (Form No. 46)

    After the cash for the day has been verified, checks have been written, the cash book has been posted and proved, and all trust items properly entered in the trust fund register, the clerk is ready to post the daily balance record.

    Like the Cash Book, this record must be posted daily. It is an important record and of much value to the clerk. This record represents a summary of the Cash Book by totals and is divided into two sections.

    The first, or top section, represents the Cash Book. The second section represents each depository account and the cash drawer or cash in the office at the close of the day.

  • Cash Book Summary Section

    In the top section of the Cash Book and Daily Balance Record, the column headed "Beginning Balance" will show the balance of fines, fees and costs on hand at the beginning of the day; the second and third columns show the receipts and disbursements during the day as taken from the Cash Book of Receipts and Disbursements; and the fourth column shows the balance at the end of the day. Each of these columns should be totaled and the total shown on the "Totals" line. The total of the beginning balances, plus the total of the receipts during the day, less the disbursements for the day, should equal the total ending balances.

    The amounts in the "Ending Balance" column should be carried forward to the "Beginning Balance" column for the following business day.

  • Daily Cash Reconcilement Section

    The first column will show the depository balance at the beginning of the day; the second column will show the deposits during the day; the third column will show the checks issued during the day and the fourth column the depository balance at the close of the day. The beginning depository balance, plus the deposits, less the checks issued should equal the closing depository balance.

    Investments on hand at the beginning of the day should be entered in the first column; any investments purchased in the second column; any investments sold in the third; and the investments on hand at the close of the day in the fourth column.

    The beginning and ending balance columns and the deposit and checks issued columns should be added and the sum entered on the "Total" line. The total in the beginning depository balance column, plus the total in the deposits column, less the total in the checks issued column must equal the total in the closing depository column.

    Cash on hand at the end of the day represents the actual cash in the office at the close of the day's business. If the cash on hand at the close of the day, less the cash change fund, does not balance with the receipts issued for the day, enter on the "Plus Cash Short or Minus Cash Long" line the amount of the overage or shortage. If you are short, add the amount of the shortage to the amount shown on this line at the close of the previous day; and if you are long, subtract the amount of the overage from the previous day's figure. However, the day's work should be retraced and every effort made to locate the errors which caused the shortage or overage.

    The depository balance at the close of the day for each bank, plus the investments on hand at the end of the day, plus the cash on hand at the end of the day, plus any cash short or less any cash long must equal the same total as is shown in the ending balance column in the top section of the cash book and daily record.

    There is no authority whereby the clerk is permitted to be short or long in the receipts of daily transactions. We recognize human beings are not infallible and that errors will occur. If the difference exists, a diligent attempt must be made by all persons who have handled each transaction to detect the error and complete an accurate reconciliation for each day's business. If it is impossible to detect the error, the difference must be accounted for in the manner heretofore explained.

    The clerk is responsible to implement policies and procedures that will prevent errors, as well as, detect and correct errors timely. This includes addressing shortages and overages that occur. The clerk and governing boards should discuss the risks related to the office and adopt policies regarding acceptance of the risk and/or coverage of the risk of loss by some means.

    We do not recommend that the clerk take out the overages and contribute the shortage in daily receipts. An accounting must be made of the difference and carried until an examination is made of the office. Such difference will no doubt be detected by the examiners and proper adjustments made at that time.

  • Depositing Receipts

    IC 5-13-6-1(c) governs the deposit of public funds. The clerk shall deposit funds not later than the business day following the receipt of the funds in the depository or depositories selected by the board of finance. Public funds deposited under this subsection shall be deposited in the same form in which they were received.

    After completing the posting of the cash book and the daily balance and cash statement form, and all records are in balance, the clerk shall prepare the money for deposit. It may be deposited overnight in a locked safe or vault in the office or in an after hour facility of a designated depository.

    The ending balance of the day's business could then be entered as the beginning balances on the next page of the daily balance record for the ensuing day's posting and the clerk will be ready to repeat the procedure for the following day.

  • Report to the Auditor and Payment of Fees to the Treasurer

    The clerk shall pay all fees due the county to the treasurer at the end of each month. This must be done by the 10th day following month end.

  • Closing Books at the End of Each Month

    On or shortly after the last day of each month, after all receipts have been posted, total the receipt side of the Cash Book of Receipts and Disbursements. Prove the totals crosswise. Schedule all fees payable to the county. These are listed under the heading "Fees Payable to the County" in the Cash book of Receipts and Disbursements. List the totals of each column on the appropriate line of Report Form No. 362 to be filed with the auditor.

    Total the fees listed on the report form and draw a check in favor of the treasurer of the county for all fees to be paid to the treasurer. Post the check to the treasurer to the disbursement side of the Cash Book of Receipts and Disbursements to the total disbursements column and extend the amount to the column headed "Paid to County."

    Schedule fees due the Department of Natural Resources for fish and game licenses on the report form furnished by the Fish and Game Division. Write a check for fish and game fees. Post the check to the trust column on the disbursement side of the cash book.

    Schedule collections due to any other agency; i.e., city and town fines. Write a check to these various agencies. Post the check to the proper column on the disbursement side of the cash book.

    Enter the total of each column of both receipts and disbursements on the line designated for that purpose at the bottom of the cash book page.

    Deduct the disbursements from the receipts. Complete the posting of the daily balance record. The balance shown by the cash book must be the same as that shown by the daily balance record.

    The record balance should represent the court costs due the state and the trust funds. The balance in the total column of the cash book should equal the balance of the court costs due the state and the trust fund column, and the balance as shown in the daily balance record should likewise agree.

    The posting of the payment of all settlement checks should be as of the last day of the month, although it may not be possible to deliver the checks on that day. As long as settlement for the month occurs on or before the 10th day of the following month exception will not be taking during an audit of the county. The quietus from the auditor and other receipts from the payee should be carefully preserved by the clerk.

  • Court Costs Due State - Semiannual Settlement

    Indiana Code 33-37-7 contains the guidance on distribution of costs and fees collected by the clerk and due to the State of Indiana.

    On the report form furnished by the Auditor of State, the clerk will transmit the court costs due the state semiannually. The prescribed form is required to be used for this remittance.

  • Reconciling the Register of Fees and Funds Held in Trust

    As soon as possible after the cash book and the daily balance record have been closed for the month, the clerk should reconcile the trust fund register with these two records.

    Total all items appearing on hand in the trust fund register. This also must be done as of the last day of the month. The total of these items must equal the balance in the trust fund column of the cash book and in the daily balance record.

    If there is a difference, an error has been made. You must immediately review the work to detect the error and make the necessary correction. Do not leave the books out of balance.

  • Reconciling the Depository Balance with the Record Balance

    At the end of the month, the depository should furnish the clerk with a bank statement showing the depository balance as of the last day of the month and submit all of the canceled checks paid by the bank during the month. The bank statement must not be as of the first day of the succeeding month. Upon receiving the statement and the canceled checks, immediately verify the checks paid by the bank by checking them to the statement. Arrange and file the checks in numerical order.

    Eliminate the outstanding checks paid during the month from the list of the previous month by lining out or checking them off. Prepare a list of the outstanding checks for the current month, starting with the ones still outstanding for the previous month and including those outstanding that were written on the last day of the current month. In listing the outstanding checks show the date, number and amount of each check. Total the list of checks that appear to be outstanding.

    The balance as shown by the cash book, plus the total of the outstanding checks, should equal the balance shown by the bank statement, plus cash in the office at the close of business.

    All local investment officers shall reconcile at least monthly the balances of public funds, as disclosed by the records of the local officers with the balance statements provided by the respective depositories. [IC 5-13-6-1(1)(c)]

    EXAMPLE

     ChargesCredits
    Balance as shown by cash book$ 2,000.00$ -
    Outstanding checks (from schedule)$ 1,011.45$ -
    Depository balance, per statement$ -$ 2,800.00
    Cash in office$ -$ 211.45
    Proof$ 3,011.45$ 3,011.45

    If no error has been made and you are able to reconcile the depository balance with the record balance, the books have been closed for the month, settlement has been made with the county, and the register of fees and funds held in trust are in balance with the cash book, and you are ready to proceed with the business for the ensuing month.

    Preserve each bank statement and list of outstanding checks. Repeat the same procedure at the end of each month. Also close books on the last day of the year in the same manner that you have followed each month. Do not let one year overlap into the other.

    FORM OF SCHEDULE OF OUTSTANDING CHECKS

    DateNumberPayeeAmount
    12-31-01992Mrs. John Ritter$ 25.00
    12-31-01993Mrs. E. Tourner$ 25.00
    12-31-01994Mrs. E. Starver$ 25.00
    12-31-01995County Treasurer$ 768.95
    12-31-01996Department Conservation$ 79.00
    12-31-01997Safety Responsibility Division$ 19.50
    12-31-01998W. Boyd$ 3.00
    12-31-01999Daily Chronicle$ 66.00
    Total Outstanding Checks 12-31-01$ 1,011.45
  • Prepare Monthly Financial Report

    Upon properly closing the books as of the last day of each month and when depository and record balances have been reconciled, the monthly financial report, prescribed form 46CR, shall be prepared in accordance with the requirements of IC 33-32-3-6.

  • Contents of Report

    The report will show as of the close of business on the last day of the preceding month: The balance, if any, of fees payable to the county; fees payable to the state, fees payable to cities or towns, trust funds including support; the total of the balances of all fees and funds; the record balance of money in each depository at the end of the month; cash in the office at the close of the last day of the month; any other items for which the clerk is entitled to credit; the total amount of cash in each depository at the close of business on the last day of the month; total outstanding checks at the end of the month and unpaid by the depositories.

  • Form of Reports

    Prescribed Form 46CR will be used. The clerk will order the forms, at county expense, from the printer holding the contract for this class of printing.

    They are to be in quadruplicate, size 8 1/2 x 11 inches, printed on white, goldenrod, pink and canary colored paper and padded so that each set of four sheets will be in the same color order as listed above.

  • Preparation of Report

    The report shall be prepared in quadruplicate not later than the twenty-fifth day of each month and verified by the certificate of the clerk.

    When financial records have been properly kept and are in balance at the close of business as of the last day of the month and all reconcilements have been made, the report shall be prepared from the daily balance and cash statement record and from the reconcilement of depository balances with the record balance.

  • Filing Report

    The white copy will be retained by the clerk and the canary, goldenrod and pink forms will be filed with the county auditor.

    The auditor will file the canary report with the county board of finance, the pink copy with the board of commissioners and the goldenrod copy will be mailed to the State Board of Accounts.

    After the financial records have been closed at the end of the month, fees reported to the auditor and paid into the county treasury, trust and depository balances reconciled with the record balance and the monthly financial report filed with the auditor, the clerk should review:

    1. The schedule of outstanding checks;
    2. Trust items that can be disbursed; and
    3. Cash bonds that can be applied to accrued cost in cases finally adjudicated.
  • Unclaimed or Returned Outstanding Checks

    The clerk should never allow checks to remain outstanding for an unreasonable length of time. Checks mailed and returned because of inability of delivery to the payee should be receipted to the cash book as an item of trust and reinstated in the register of trust in the name of the payee. The clerk should write a receipt to himself or herself for the unclaimed check and deposit it in the designated depository the same as receiving money from any other person. The check should be endorsed: FOR DEPOSIT ONLY NOT USED FOR PURPOSE INTENDED

Clerk of Circuit Court

  • Overview

    If the payee does not thereafter claim his money and the money is not related to child support, such amount must be held in trust for five years and paid over to the Attorney General pursuant to the requirements of IC 32-34-3. All money related to child support that remains in the office of the clerk should be posted in the ISETS System. Child support monies that are not claimed should not be posted to Trust. All money related to child support that remains in the office of the clerk for a period of ten years after being distributable without being claimed shall be collected by the Attorney General.

  • Old Oustanding Checks Not Returned

    In order to eliminate old outstanding checks from the records, perform the following:

    1. Consider the costs and benefits of issuing a formal stop payment order to the bank upon which each check is drawn. A stop payment is not required but may be paid for as an expense of the county when the clerk considers it prudent based on the risk of loss.
    2. If the check was for child support, follow the procedures established to enter the check into ISETS. For all other checks, enter the amount of each check as a receipt in the cash book. Post the respective amounts to the trust column of the cash book and enter each amount in the name of the payee in the register of trust.
    3. Since the checks have never cleared the bank, the amount is still on deposit. Therefore, when all such checks are charged to the records and reinstated in the trust register or ISETS, the original check numbers will be eliminated as outstanding in the next reconcilement with the bank.
    4. If, at the time such checks are restored to the records, (ten years for child support checks) the original dates indicate the checks have been outstanding for at least five years, they should be paid over to the Attorney General immediately. The original date should be shown in the register of trust or on ISETS. If the checks are not old enough to be collected by the Attorney General they should be held until the proper time period has elapsed.

    The entry in the cash book, for non-child support outstanding checks, should be:

    "Old Outstanding Check No. _____ issued_____ (date) , to_____ (Name)__________ ," and extend the amounts to the total and trust fund columns.

  • Trust Item

    All items that can be legally disbursed should be paid immediately to the person or persons entitled thereto. All fees and funds five or more years old, including old outstanding checks, should be reported to the Attorney General using the procedures on the Attorney General’s website and paid over to the Attorney General as required by IC 32-34-3. They should not be allowed to accumulate beyond the proper time period for remittance to the Attorney General.

    Clerks should pay particular attention to costs collected and due other counties. These costs should be remitted the same day they are collected. Costs due other counties or due other offices in the local county should never be allowed to accumulate. Such costs include those due city and town courts, other circuit or superior courts, recorder and auditor fees.

  • Trust Items - Applied to Costs

    When any item of trust is to be applied to the costs of an action or are to be applied to a forfeiture, the clerk should:

    1. Write a check payable to the clerk from trust the same as if disbursing money to any other person. The check should read: "Clerk Circuit Courts - For Costs"
      Post the check to the cash book and the register of trust as a trust disbursement.
    2. Immediately write a receipt to the clerk the same as if any other person paid costs and distribute the amount of the check to the proper cost items. Post the receipt to the cash book and make distribution to the proper columns. Include the check in the receipts for the day and deposit it with the day's receipts.
  • Traffic Violations Bureau - Use of Credit Card

    IC 34-28-5-13 permits courts to establish a traffic violations bureau and in regard to the operation of the traffic violations bureau states in part:

    "A court may permit a person to utilize a credit card issued by a financial institution for the purpose of paying a court cost and judgment with respect to a traffic violation that is enforced under this chapter. . . . The county fiscal body must appropriate the funds to cover the costs of applicable credit card service charges before a court may permit the use of the credit card under this subsection."

    In those counties where a traffic violations bureau has been established or shall hereafter be established, if the court elects to permit a person to utilize a credit card issued by a financial institution to pay the court costs and infraction judgment in connection with a traffic violation, it will be necessary to request and obtain an additional appropriation from the county council to cover the costs of the applicable credit card service charges.

    If the court elects to permit a person to utilize a credit card, the following procedures are to be followed:

    1. All credit card invoices are to be listed on a special deposit slip and deposited daily as cash is deposited.
    2. The credit card service charge will be deducted from the county’s bank account to which credit cards are deposited.
    3. At the end of each month a claim must be filed with the county auditor for the service charge which was deducted from the account. It is recommended that a copy of the transaction analysis statement showing the service charges deducted be retained and attached to the claim filed with the county auditor at the end of the month as documentation of the amount claimed.
    4. Each infraction judgment and costs paid by credit card must be entered in the Traffic Violations Bureau Record of Payments by Credit Card, Form No. 148.
    5. The amount of credit card service charges which have not yet been reimbursed by the county auditor will affect the monthly bank reconcilements and will be shown in a manner similar to the following:

    Balance First National Bank $ xx,xxx.xx
    Add:
    Deposits in Transit xxx.xx
    Cash on Hand xxx.xx
    Credit Card Service Charges For Month of (Not Yet Reimbursed by County) xx.xx
    Investments on Hand xx,xxx.xx
    Total
    Deduct Outstanding Checks
    Net Depository Balance
    Add Cash Short Deduct Cash Long
    Record Balance

    IC 5-13-6 requires the clerk of the circuit court to deposit all fees and funds in his custody in a designated depository, including credit card receipts.

    Prescribed by State Board of Accounts
    County Form No. 148 (1984)

    COUNTY
    TRAFFIC VIOLATIONS BUREAU
    RECORD OF PAYMENTS BY CREDIT CARD

    Date of PaymentPaid byCause NumberType of Credit CardTotal of Judgment and CostsNet Amount DepositedAmount of Credit Card Service Charge
           
    TOTALS FOR MONTH   

    INSTRUCTIONS:

    1. All payments made by credit card for infraction judgments and costs shall be entered in this record.
    2. t the end of each day the amounts entered shall be totaled and the month to date totals shall be footed in the record at the close of each days' business.
    3. The total in the column headed "Amount of Credit Card Service Charge" will be the amount for which claim is filed with the county auditor for payment from the County General Fund.

Depositories - Investments

  • Designation of Depositories

    The State board of finance has on their website a listing of all depositories which are eligible to receive public funds. [IC 5-13-8-1]

    Once the clerk has determined which depository, or depositories, he or she desires to utilize, and verified the depository's eligibility, the clerk needs to seek approval of the local board of finance for the use of that depository.

    When a depository has been designated, as provided by law, the clerk shall at once deposit all fees and funds in his custody to a checking account in such designated depository. All money received by the clerk in the conduct of the business of the office shall be deposited not later than the business day following the receipt of funds on business days of the depository in one (1) or more depositories. Withdrawals can only be made on checks signed by the clerk or his authorized deputy. [IC 5-13-6-1]

  • Cash Change Fund

    Clerks of the circuit courts are to establish a cash change fund to facilitate making change in handling collections. Such fund may be established in an amount, as determined and approved by the county council. [IC 36-1-8-2]

    When such fund is approved and the amount determined, the auditor will draw a warrant for such amount on the county general fund and without appropriation being made therefor.

    The clerk will convert the warrant into cash and will be held responsible for the custody, safekeeping and proper accounting in the same manner as other funds in his custody.

    The entire cash change fund shall be returned to the fund from which it was advanced if and when it is no longer needed or upon change of custodians of such fund. [IC 36-1-8-2]

    A verified claim must be prepared and filed with the auditor. The claim should contain a statement setting forth the necessity for the fund, the amount deemed necessary in the judgment of the clerk and a reference to the authority for its establishment.

    Upon receipt of the auditor's warrant, the clerk will issue his or her official receipt thereof the same as if receiving other money. The amount will be treated as an item of trust and will be posted in the register of trust funds to the credit of "Treasurer ___________________ County, Cash Change Fund."

    When the office is opened for the transaction of business the cash drawer shall not contain an amount in excess of the cash change fund approved by the county council and advanced by the warrant of the auditor.

    Daily deposits thereafter shall be in the same amount as the receipts for the previous day. Retain only the amount of the cash change fund in the office. In no event shall receipts be held longer than the first business day after they are received.

    The amount of the cash change fund shall be included each day in the Clerk's Cash Book and Daily Balance Record in the space following the words "Cash on Hand at End of Day."

    At the expiration of any term of office, the clerk will disburse the amount of such fund from trust in favor of the county treasurer and make application to the auditor for repayment thereof.

  • Petty Cash Fund

    In like manner, a petty cash fund may be established for the purpose of paying small or emergency items of operating expense. A receipt shall be taken for each expenditure made from such fund. Periodically a voucher shall be filed by the clerk with the auditor to reimburse the fund for the expenditures so made. No reimbursement shall be made unless all original receipts in support of the cash expended are attached to the claim. The claim for reimbursement shall be approved and made in the same manner as is required for other expenditures (by the board of county commissioners). [IC 36-1-8-3]

  • Authority for Investments

    The board of county commissioners of each county may, by ordinance or resolution, authorize the purchase of investments. [IC 5-13-9-1]

    The question has been raised whether the clerk of the circuit court may invest monies or deposit without the approval of the board of county commissioners. This question was posed to the Legislative Council and they advised that it was the intent of the Legislature that the clerk had authority to invest monies without the approval of the board of county commissioners. However, it might be prudent for the clerk of the circuit court to ask the board of county commissioners for a blanket approval to invest and reinvest monies on deposit in the clerk's office to avoid any legal problems.

    The clerk is also authorized to invest funds when required by court order.

  • General Law

    The general law applicable to the investment of county funds is contained in IC 5-13-9.

  • Interest on Investments

    All interest derived from an investment by a political subdivision or by any other local public office under the authority granted by IC 5-13-9-3 shall be deposited, except as otherwise provided by law, in the general fund of the investment authority or in any other fund its governing body designates specifically or by rule.

    Interest from the following investments shall be receipted as follows:

    1. Interest from investments of funds of a political subdivision that are traceable to United States government funds must be receipted to the fund of which they are a part, if required by federal law or regulation. This applies to all funds accounted for in the ISETS System.
    2. Interest from investments of funds controlled by court orders must be receipted to that fund unless otherwise designated by the court order.

    Interest from the investment of public funds may not be paid personally or for the benefit of any public officer.

    Investments made in accordance with IC 5-13-9-3(a)(1) and the interest earned or accrued on them are public funds as the term is defined in IC 5-13-4 and are covered by the public depository insurance fund. [IC 5-13-9-6]

  • Service Charges

    Any investing officer who makes a deposit in any deposit or other account may be required to pay a service charge to the depository in which the funds are deposited, if the depository requires all customers to pay the charge for providing that service. However, the service charge imposed must be considered in the computation of the interest rate for determining which depositories are entitled to investments. If the total service charge cannot be computed before the investment, the investing officer shall estimate the service charge and adjust the interest rate based on this estimate. The service charge may be paid by direct charge to the deposit or other account or in a manner that subtracts the service charge from interest earned on the funds in the deposit or other account. [IC 5-13-9-8]

  • Manner of Investing Funds

    When an investment is made, a check will be issued payable to the bank or financial institution from which the investment is purchased. The check should clearly state the purpose for its issuance. The check should then be delivered to the financial institution and the securities, or a safekeeping receipt, or passbook in the case of a savings account, should be obtained by the clerk. Electronic transfer of funds to purchase an investment may be used if allowed by county policy or practice as long as a proper audit trail is retained for the transaction.

  • Posting Investments to Clerk's Records

    When an investment is made from "total monies on deposit," the check issued by the clerk will not be posted as a disbursement in the cash book. This is for the reason that funds are not actually disbursed but are merely transferred to an investment account. No entries will be made in the upper portion of the clerk's cash book and daily balance record. However, the investment purchased should be shown in the daily cash reconcilement section of the clerk's cash book and daily balance record in the following manner:

    Name of DepositoryDepository Balance at Beginning of DayDeposits During the DayChecks Issued During DayDepository Balance at Close of Day
    First National Bank Investments $ 10,000.00$ 10,000.00 

    The $10,000.00 investment purchased, as shown above, would be added to the investments on hand at the beginning of the day and the total would be shown in the "Depository Balance at Close of Day" column and this total would be carried forward as the balance at the beginning of the next day.

    On a sale or maturity of investments the amount sold would be shown on the investments line in the "Checks Issued During Day" column and the amount received from the sale would be included in the "Deposits During the Day" in the bank to which the proceeds were deposited.

    The clerk must keep a "Register of Investments," General Form No. 350. All investments must be entered in the register of investments at the time of purchase. The register will also be used to record receipts upon maturity of investments, including interest received thereon. The total of the investments (principal) should at all times agree with the entries of the "Investments" account in the daily balance record.

    An official receipt must be issued for interest received to be posted in the cash book. The receipt should also indicate thereon the security (investment) on which the interest was received and, if the security matured, the principal (original cost) of the security for use as a posting media to the daily balance record. The interest should be posted to the interest column in the receipts section of the Cash Book of Receipts and Disbursements. The interest will then be paid to the county treasurer and quietused to the county general fund at the close of the month when fees and other revenues are remitted to the county.

    There may be instances where the court will order certain trust funds to be invested and the interest earned on such investments to be credited to that specific trust fund item. In such cases the procedures for recording the investment will be handled in the same manner as other investments. In addition, a notation should be made on the entry docket applicable to this trust item that the amount has been invested per order of the court. The only difference between a court ordered investment and investments made by the clerk from total monies on deposit is in accounting for the interest earned on the investment.

    An official receipt must be issued for interest received to be posted in the cash book. The receipt should also indicate thereon the security (investment) on which the interest was received and, if the security matured, the principal (original cost) of the security for use as a posting media to the daily balance record. The interest should be posted to the trust account in favor of the individual(s) or other entity as designated by the court order.

  • Monthly Report - Form No. 46-CR

    The total amount invested should be shown on the monthly financial report on Line 12 "Investments on hand at close of business last day of the month."

  • Renewal of Certificates of Deposit

    In view of the provisions of the Depository Act, it is our opinion that a certificate of deposit may be renewed for an additional term, without the original certificate of deposit being paid by the depository, and a check being issued for the purpose of a new certificate of deposit.

    In the event a certificate of deposit is renewed, the amount of interest earned should be paid to the clerk at each maturity date, so the records will reflect the amount invested at all times. The interest should not be added to the original deposit and the total reinvested by the depository.

    There is no authority for the "roll-over" or reinvestment of funds by a depository. The transactions must be handled through the records of the clerk's office.

  • Investment Cash Management System

    The fiscal body and investing officer of a political subdivision may contract with a depository for the operation of an investment cash management system.

    The contract must:

    1. Be in writing;
    2. Provide for the investment of funds by the depository with the approval of the investing officer;
    3. Provide that the depository keep those records concerning the investment cash management system that the political subdivision would maintain for audits by the State Board of Accounts;
    4. Provide that investments will be made in accordance with this article;
    5. Not have a term of more than two (2) years; and
    6. Be awarded under the bidding provisions of IC 5-22.

    If no designated depository whose principal office or branch is located within the political subdivision will provide an investment cash management service permitted in this chapter, then the contract for an investment cash management service must be awarded as provided in IC 5-13-8-9(c). If the investment cash management service contract is awarded to a financial institution whose principal office or branch is located outside the political subdivision, then the recipient of the contract does not constitute a designated depository of the political subdivision for purposes of investment under IC 5-13-9-3 unless it meets the limitation of IC 5-13-9-4 or IC 5-13-9-5, but does not constitute a depository for all other purposes. [IC 5-13-11-2]

    The contract may provide for the depository to assess a service charge for its management of the investment cash management system. The service charge may be paid by direct charge to the deposit or other account or in a manner that subtracts the service charge from interest earned on the funds in the deposit or other account. [IC 5-13-11-3]

    The depository shall furnish the political subdivision with at least one (1) report each month of transactions concerning the investment cash management system. The depository shall credit any interest or other accretion from an investment to the investment account. The interest or accretion becomes part of that account. [IC 5-13-11-4 and IC 5-13-11-5]

Special Programs - Alcohol and Drug Rehabiliation Program

  • Establishment of Alcohol and Drug Intervention, Treatment and Rehabilitation Program

    A court having misdemeanor jurisdiction in a city or county may establish an alcohol and drug services program. [IC 12-23-14-1]

    Before an alcohol and drug services program may be established in a county, the court must do the following:

    1. Have a written statement from the Indiana Judicial Center approving the establishment of the program and the plans for operation before the court may submit the petition to the legislative and appropriating body for approval.
    2. Obtain the approval of the legislative and appropriating body from which the court derives the court's money. [IC 12-23-14-8]

    The court must submit a petition for approval containing the following:

    1. A full description of a proposed program.
    2. A budget for the program, supported by statistics showing the total fines and costs collected by the court in the most recent year.
    3. Details on the implementation of the program.
    4. If the program is to be operated through a private contractor, a reference file on the contractor, including the contractor's most recent financial statement and statements of the qualifications of program staff associated with the contractor. [IC 12-23-14-9]

    If the legislative and appropriating body approves the alcohol and drug services program and the operation through a private contractor, the court may direct the appropriate attorney to draft a contract governing the rights and duties of the contractor, the court, and the appropriating authority.

    The court is responsible for the administration of the program. [IC 12-23-14-10]

    A program established under this chapter is subject to the regulatory powers of the Indiana judicial center under IC 33-38-9-4. [IC 12-23-14-13]

  • Expenses of Program

    Expenses of an alcohol and drug services program established pursuant to IC 12-23-14 shall be paid out of the city general fund or the county general fund, and may be supplemented by payment from the user fee fund upon appropriation made under IC 33-37-8. Compensation of employees and contractors shall be fixed by the court. [IC 12-23-14-14]

  • Gifts and Grant Permitted

    Such a program may apply for and receive gifts, bequests and donations from private sources, grant and contract funds from governmental sources, and other forms of financial assistance to supplement the budget. [IC 12-23-14-15]

  • Fees - If Required

    The court may require an eligible person to pay a fee for a service of the program. If a fee is required, the court shall adopt by court rule a schedule of fees to be assessed for program services. The fee for program services, excluding reasonable fees for education or treatment and rehabilitation services, may not exceed four hundred dollars ($400.00). Any fee collected shall be deposited in the city or county user fee fund. [IC 12-23-14-16]

Adult Probation Program

  • Establishment [IC 35-38-2-1]

    When the court places a person on probation it shall specify in the record the conditions of the probation.

  • Felony Convictions - Mandatory

    If the person was convicted of a felony, the court shall order the person to pay to the clerk or probation department not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) as an initial probation user's fee and a monthly probation user's fee of not less than fifteen dollars ($15.00) nor more than thirty dollars ($30.00) for each month that the person remains on probation. Also, the court shall order the convicted person to pay the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court; an alcohol abuse deterrent fee and medical fee set by the court; and an administrative fee of one hundred dollars ($100.00) to the probation department or the clerk.

    The court may modify the conditions (except the fee payment) or terminate the probation at any time. If the person commits an additional crime the court may revoke the probation.

  • Misdemeanor Convictions - At Judge's Option

    If the person was convicted of a misdemeanor, the court may order the person to pay to the clerk or probation department not more than fifty dollars ($50.00) initial probation user's fee and a monthly probation user's fee of not less than ten dollars ($10.00) nor more than twenty dollars ($20.00) for each month that the person remains on probation. Also, the court may order the convicted person to pay the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court and an administrative fee of fifty dollars ($50.00) to either the probation department or the clerk.

  • Collection of Program Fee

    If the probation department collects the adult probation program fee, the probation department shall transfer the collected adult probation program fee to the county treasurer for deposit into the supplemental adult probation services fund.

    If the clerk collects probation user fees, the clerk may keep not more than 3% of the initial and monthly probation user fees collected to defray administrative costs. These funds shall be deposited in the clerk's record perpetuation fund.

    Additionally, if requested by the county auditor, not more than 3% of the initial and monthly probation user fees collected shall be transferred to the county general fund.

    Deductions to defray administrative costs of the clerk's office and the county should not be made from probation administrative fees collected.

Juvenile Probation Program

  • Establishment of a Program of Informal Adjustment

    The intake officer may implement a program of informal adjustment if the officer has probable cause to believe that the child is a delinquent child or child in need of services after the preliminary inquiry, and upon approval by the juvenile court. The child and the child's parent, guardian, custodian, or attorney must consent to the program. A program of informal adjustment may not exceed six (6) months, except by approval of the juvenile court. The juvenile court may extend a program of informal adjustment an additional three (3) months. [IC 31-34-8]

  • Program Fee - In Lieu of Court Costs

    The juvenile court may order each child who participates in a program of informal adjustment or the child's parents to pay an informal adjustment program fee of at least five dollars ($5.00) but not more than fifteen dollars ($15.00) for each month the child participates in the program instead of the court costs fee. [IC 31-37-9-9]

  • Collection of Program Fee

    The probation department for the juvenile court shall collect the informal adjustment program fee. The probation department shall transfer the collected informal adjustment fees to the county auditor monthly for deposit into the county user fee fund. [IC 31-37-9-10]

Pretrial Diversion Program

  • Establishment [IC 33-39-1-8]

    A prosecuting attorney may withhold prosecution against an accused person if the person is charged with a misdemeanor; the person agrees to conditions of a pretrial diversion program offered by the prosecuting attorney; and the terms of the agreement are recorded in an instrument signed by the person and the prosecuting attorney; filed in the court in which the charge is pending; and the prosecuting attorney electronically transmits information required by the prosecuting attorneys council concerning the withheld prosecution to the council, in a manner and format designed by the council.

  • Program Fee - In Lieu of Court Costs

    Instead of the criminal costs fee prescribed by IC 33-37-4-1, the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-39-1-8 requires payment of those fees by the accused person. The pretrial diversion program fee is an initial user's fee of fifty dollars ($50.00) and a monthly user's fee of ten dollars ($10.00) for each month that the person remains in the pretrial diversion program.

  • Collection of Program Fee

    The clerk shall collect the program fee and transfer the fee to the county auditor monthly for deposit in the county user fee fund.

Deferral Program

  • Establishment

    A prosecuting attorney or the attorney for a municipal corporation, may establish a deferral program. Actions may be deferred against an accused person if the person is charged with an infraction or ordinance violation if:

    1. the defendant in the action agrees to conditions of a deferral program offered by the prosecuting attorney or attorney for a municipal corporation;
    2. the defendant in the action agrees to pay to the clerk of the court an initial user's fee and monthly user's fee set by the prosecuting attorney or attorney for a municipal corporation;
    3. the terms of the agreement are recorded in an instrument signed by the defendant and the prosecuting attorney;
    4. the defendant in the action agrees to pay court costs of seventy dollars ($70.00) to the clerk of the court if the action involves a moving traffic offense;
    5. the agreement is filed in the court in which the action is brought; and
    6. the prosecuting attorney electronically transmits information required by the prosecuting attorneys council concerning the withheld prosecution to the council, in a manner and format designated by the council.
  • Program Fee - In Lieu of Court Costs

    Instead of the infraction or ordinance violations costs prescribed in IC 33-37-4-2, the clerk shall collect a deferral program fee if an agreement between a prosecuting attorney and the person charged with a violation entered into under IC 34-28-5-1 requires payment of those fees by the person charged with the violation. The deferral program fee is an initial user's fee of not to exceed fifty-two dollars ($52.00) and a monthly user's fee not to exceed ten dollars ($10.00) for each month the person remains in the deferral program. [IC 33-37-4-2]

  • Collection of Program Fee

    The clerk shall collect the program fee and transfer the fee to the county auditor monthly for deposit in the county user fee fund.

Oaths and Affirmations - To Be Administered Orally

  • Examination of Prospective Jurors

    Do you swear or affirm that you will honestly answer any questions asked of you during jury selection? [Jury Rule 13]

  • Grand Jurors

    You, and each of you, do solemnly swear or affirm that you will diligently inquire and make true presentment of all offences committed or triable within this county, of which you have or can obtain legal evidence; that you will present no person through malice, hatred, or ill-will, nor leave any unpresented through fear, favor or affection, or for any reward, or the promise or hope thereof, but in all your indictments, you will present the truth, the whole truth, and nothing but the truth; that you will not disclose any evidence given or proceeding had before the grand jury; that you will keep secret whatever you or any other grand juror may have said or in what manner you or any grand juror may have voted on a matter before the grand jury. [IC 35-34-2-3]

  • Jurors - For Trial

    Do you solemnly swear (or affirm) that you will well and truly try the matter in issue between the parties; and give a true verdict according to law and evidence? [IC 34-36-3-6]

  • Witness

    Before testifying, a witness must give oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience. [Rules of Evidence 603]

  • Affirmation

    Do you affirm, under penalty of perjury, that you will testify to the truth, the whole truth, and nothing but the truth in the cause now in hearing before the court and the jury?

  • Interpreter

    Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to __________ the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this court so help you God (or under the pains and penalties of perjury)? [IC 34-45-1-5]

  • Deposit of Oaths

    A copy of the oath required for circuit court clerk, officers of a political subdivision or school corporation shall be deposited by the person in the office of the clerk of the circuit court of the county containing the greatest percentage of the population of the political subdivision or school corporation.

    Circuit court clerks will also maintain the oaths of deputy prosecuting attorneys that reside in or serve in the county. [IC 5-4-1-4]

Clerk's Guide

  • Recording by Miniature Photographic or Microfilm Process

    It is lawful for the clerk of the circuit court to record any and all instruments by miniature photographic process or microfilm process where the installation of such recording process is approved by the board of county commissioners. Any such process shall provide for an original and duplicate film copy of each instrument which by law such officer is required to record at length. The original copy shall be properly indexed and filed in a suitable container, folder or other device in the office where such instrument is recorded in such a manner that it will be easily accessible and readable by any interested person. The duplicate shall be preserved in a fireproof vault either within the courthouse where the clerk's office is located or in such other place as may be designated by the board of commissioners. [IC 36-2-17-4]

  • Remanded Cases

    A case leaving one county on a change of venue and thereafter remanded to the county from which it was sent has the status the same as if it had never left the county in the first instance. Therefore, no per diems for trial dates are allowable upon disposition by the trial court.

  • Certified Mail

    If a statute enacted by the general assembly or a rule, as defined by IC 4-22-2-3, requires that notice or other matter be given or sent by registered maul or certified mail, a person may use:

    1. any service of the United States Postal Service or any service of a designated private delivery service (as defined by the United States Internal Revenue Service) that:
      1. Tracks the delivery of mail; and
      2. Requires a signature upon delivery; or
    2. delivery by an employee of the unit of government sending the notice; to comply with the statute or rule.

    If means of giving notice is not covered by rules adopted by the supreme court and if a notice or other matter sent as described above is returned undelivered, the notice or other matter must be given by":

    1. delivering a copy of the notice or other matter to the person to whom the notice or other matter must be given personally;
    2. leaving a copy of the notice or other matter at the dwelling house or usual place of adobe of the person to whom the notice or other matter must be given;
    3. sending by first class mail a copy of the notice or other matter to the last known address of the person to whom the notice or other matter must be given; or
    4. serving the agent of the person to whom the notice or other matter must be given as provided by rule, statute, or valid agreement. [IC 1-1-7-1]
  • Open Door and Public Access

    Open door law, IC 5-14-1.5, and the access to public records law in IC 5-14-3 allow attendance by the public at public meetings, as well as, the ability to inspect and copy records. There are exceptions to both laws. You should review the statutes and the Public Access Handbook on the Public Access Counselor’s website at www.in.gov/pac before developing your office policies in this area.

  • Filing Complaint - Summons

    A civil action shall be commenced by filing with the court a complaint and causing a summons to be issued thereon. The clerk shall examine, date, sign and affix the seal to the summons and thereupon issue and deliver the papers to the appropriate person for service. (Trial Rule 3, 4-4.17)

  • Lis Pendens Records

    Each clerk shall keep in the office a book called the "Lis Pendens Record," which shall be a public record. [IC 32-30-11-1]

    When a suit is commenced upon any bond payable to the state in any of the courts of this state or in a district court of the United States sitting in Indiana, the plaintiff in the case shall file with the clerk of the circuit court a written notice containing:

    1. the title of the court; and
    2. the names of all parties to the suit and a statement that it is upon an official bond. [IC 32-30-11-2]

    When a person commences a suit:

    1. in any court of this state or in a district court of the United States sitting in Indiana;
    2. whether by complaint as plaintiff or by cross-complaint as defendant; and
    3. to enforce any lien upon, right to, or interest in any real estate upon any claim not founded upon:
      1. an instrument executed by the party having the legal title to the real estate, as appears from the proper records of the county, and recorded as required by law; or
      2. a judgment of record in the county wherein the real estate is located, against the party having the legal title to the real estate, as appears from the proper records;

    the person shall file, with the clerk of the circuit court in each county where the real estate sought to be affected is located, a written notice containing the title of the court, the names of all the parties to the suit, a description of the real estate to be affected, and the nature of the lien, right, or interest sought to be enforced against the real estate. [IC 32-30-11-3]

    The clerk shall record a notice filed in the Lis Pendens Record and shall note upon the record the day and hour when the notice was filed and recorded. [IC 32-30-11-4]

    It is the duty of the clerk to index the record by the names of each party whose interest in the real estate might be affected by the suit, attachment, or execution. [IC 32-30-11-6]

  • Lis Pendens Record - Written Notice to be Filed by Sheriff or Coroner

    When a sheriff or coroner seizes upon real estate or levies upon real estate by order of a court, a copy of the sheriff's or coroner's written notice of attachment or levy shall be filed with the clerk who shall record it in the Lis Pendens Record. The sheriff or coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for making and filing the notice. However, the sheriff or coroner is not required to file the notice until the attachment or execution plaintiff provides the money to pay the clerk for filing and recording the notice. [IC 32-30-11-5]

  • Lis Pendens Record of Dismissals and Satisfaction, Lien or Attachments to be Indexed

    All entries in relation to dismissals or satisfaction of liens or attachments shall be indexed in the Lis Pendens Record in the names of the judgment plaintiffs, the defendant owning the same and also in the name of the defendant at the suit of said plaintiffs. [IC 32-30-11-6]

  • Satisfaction of Lien

    It is the duty of the clerk to enter in the "Lis Pendens Record" a satisfaction of the lien, right or interest on order of the court rendering judgment in final determination of the suit. [IC 32-30-11-7]

  • Lis Pendens Record - Dismissal or Satisfaction of Attachment - Certificate

    The matter of redeeming property after the written notice of attachment or levy is recorded by the clerk and the duties of the clerk thereafter relating to making the record of dismissal or satisfaction in the Lis Pendens Record must be strictly followed in accordance with the provisions of IC 32-30-11-7 and IC 32-30-11-8. The clerk is generally guided in the legal procedure by the attorney representing the redeemer.

  • Dismissal or Satisfaction of Attachment - Certificate - Fee

    Whenever any such attachment shall be dismissed, judgment satisfied or such execution shall be satisfied without sale, or upon redemption within the time allowed by law after a sale upon execution, it shall be the duty of the clerk of the court, from which such attachment or execution was issued to make a certificate of such dismissal or satisfaction, to be entered upon the "Lis Pendens Record" if the same is in the clerk's office, or to be recorded in the "Lis Pendens Record" of the proper county where such real estate is situated; and upon such certificate being entered or recorded, such real estate shall be discharged from the lien of such attachment or execution. [IC 32-30-11-8]

  • Change of Venue - Clerk Striking

    In a change of venue, if either of the parties fail to strike off the names of the adjoining counties submitted by the court within the time limited, the clerk of the court shall strike off such names for such party. [IC 34-35-2-4]

  • Partition of Real Estate - Transcript

    If a court of this state renders a judgment for the partition or transfer of real property, the clerk of the court shall prepare a transcript of the judgment. The transcript shall describe the partition or transfer and shall state the volume and page of the order-book in which the judgment is entered. The transcript shall be signed by the clerk under the seal of the court. Except in a consolidated city, the clerk shall deliver the transcript to the auditor of the county in which the real property is situated. The auditor shall make the entries on his transfer book, note the transfer upon the back of the transcript, and then deliver the transcript in the record of deeds.

    For their respective services, the clerk of the court and the county recorder shall each charge the person entitled to the real property the fees the officials are by law permitted to charge for similar services. These fees shall be included as part of the cost of the court proceedings by the court rendering the judgment. [IC 6-1.1-5-6]

  • Transcripts of Records

    Certificates to transcripts of records made by the clerk of the court must be attested by the seal of the court. (See Brunt v. State ex rel. French (1871), 36 Ind. 330; Conkey v. Conder (1894), 137 Ind. 441, 37 N. E. 132; Johnson v. Johnson (1901), 156 Ind. 592, 60 N. E. 451; State ex rel. Miller v. Webster (1901), 157 Ind. 508, 62 N. E. 8; Comstock v. Stoner (1903), 30 App. 529, 66 N. E. 501; Hurst v. Mann (1912), 51 App. 466, 99 N. E. 828.)

  • Execution and Fee Bill

    No execution shall be issued except on written praecipe of a party to a suit, his/her representatives or assigns or attorney of record; no fee bill shall be issued unless ordered by the person to whom such fees are due and the clerk shall receive nothing for any fee bill issued for his/her own fee. [IC 34-55-2-8]

    This section does not prohibit the clerk from issuing fee bills for the collection of costs. The provisions of this section refer to fees due other persons.

  • Execution not Issued After Ten Years

    An execution cannot be issued after ten years from the entry of judgment except on motion and leave of the court and upon notice given to the adverse party. [IC 34-55-1-2]

  • Execution May Issue on Sunday

    An execution may be issued and executed on Sunday whenever an affidavit shall be filed by the plaintiff, or another person on the plaintiff's behalf, stating that the plaintiff has fear and reason to believe that he/she will lose his/her judgment unless process issue on that day. The clerk shall endorse on such execution that the defendants are not privileged from service on Sunday. [IC 34-55-1-15]

  • Execution Docket

    The clerk is required to keep an execution docket in which the clerk shall enter all executions as they are issued specifying in proper columns the names of the parties, amounts of judgment and the interest due at the time of issue, and the costs. The clerk shall prepare an additional column in which the clerk shall enter the return of the sheriff. [IC 33-32-3-5]

  • Stay of Execution - Bail

    Bail may be taken and approved by the clerk, and the recognizance entered of record, at any time before the term of the stay of execution expires. The undertaking is for the payment of the judgment, interest and costs that may accrue at or before the expiration of the term of the stay of execution. The recognizance shall be written immediately following the entry of the judgment and signed by the bail. [IC 34-55-2-1]

  • Clerk to Notify Sheriff

    When bail is entered after an execution is issued, the clerk shall immediately notify the sheriff. The sheriff shall immediately return the execution, noting the sheriff’s actions on the execution.

  • Expiration of Stay - Joint Execution Shall Issue

    At the expiration of the stay it shall be the duty of the clerk to issue a joint execution against the property of the judgment debtors and replevin bail. [IC 34-55-2-9]

  • Contempt Proceedings - (Child Support) - Bail or Escrow

    For the purpose of procuring personal jurisdiction over a person who has allegedly violated a court order or who is otherwise in contempt of court, the court may issue a writ of attachment of the body of the person.

    A writ of attachment issued under subsection (a) shall:

    1. be directed to a sheriff or assisting sheriff; and
    2. fix an amount of:
      1. bail, if the order that the person has allegedly violated does not concern a child support obligation; or
      2. escrow, if the order that the person has allegedly violated concerns a child support obligation.

    A sheriff or assisting sheriff who receives an order under this section shall immediately:

    1. serve the writ; and
    2. take the person into custody.

    A sheriff may serve a writ of attachment and take the person into custody in any county.

    If an assisting sheriff takes a person into custody, the assisting sheriff shall notify the sheriff. The sheriff, after notification, shall immediately return the person to the county in which the writ was issued and take the person before the court that issued the writ. However, the sheriff may release the person:

    1. on bail as in criminal matters; or
    2. after any person has deposited the amount of escrow required.

    The escrow shall be:

    1. deposited with the clerk of the court;
    2. an amount:
      1. fixed by the court; and
      2. not more than any delinquent child support allegedly owed by the person to another; and
    3. subject to a court ordered attachment for satisfaction of delinquent child support and interest under IC 31-16-12-2 and IC 31-14-12-1 (before it’s repeal).

    All escrow money collected under this section (or IC 34-4-9-2.1 before its repeal) by the clerk of the court shall be deposited into a single account. The clerk shall:

    1. keep an accounting of all money transferred to the escrow account;
    2. issue a receipt to any person who transfers money to the clerk under this section; and
    3. transfer money from the escrow amount only under an order from the court that issued the writ of attachment. [IC 34-47-4-2]
  • Order of Attachment Issued by Clerk - Approval of Bond

    The clerk is required to issue an order of attachment to the sheriff when a proper affidavit is filed in the office of the clerk and the plaintiff has executed a written undertaking with sufficient surety to be approved by the clerk. [IC 34-25-2-4; IC 34-25-2-5; IC 34-25-2-6]

  • Ejectments - Affidavits for Possession - Clerk's Order to Seize

    In all actions for ejectment, or for the recovery of the possession of real estate, the plaintiff may file an affidavit with the clerk stating that the plaintiff is entitled to the possession of the property described in the complaint, that the defendant unlawfully retains possession thereof, the estimated value of the property and the estimated rental value thereof. Upon filing of such affidavit, the clerk shall issue an order for a hearing to show cause why the defendant should not be taken from the property. [IC 32-30-3-1; IC 32-30-3-2]

  • Quiet TItle Proceedings - Notice by Clerk

    For any of the following proceedings brought in a state court concerning real estate or any interest in real estate located in Indiana that are an action to:

    1. An action to:
      1. quiet or determine title to;
      2. obtain title or possession of; or
      3. partition real estate.
    2. An action by an executor or administrator to:
      1. Sell real estate to satisfy the debts of a decedent; or
      2. Enforce or foreclose a mortgage or lien on real estate.

    A person who institutes a proceeding described above may, under s circumstance set forth in (1) through (6) below, name as a defendant any of the following individuals:

    1. A person:
      1. Who may have an interest in real estate that is the subject of the proceeding; and
      2. Whose name appears of record in a record concerning the real estate.
    2. A person who bears one of the following relationships to a former owner or encumbrancer of the real estate.
      1. Spouse.
      2. Widow or widower
      3. Heir or devicee.

    The person who institutes the proceeding does not have to know the name of a person described in subdivision (2).

    A person who institutes the proceeding may name an individual described above as a defendant if public records in the county in which the real estate that is the subject of the proceeding is located any of disclose the following circumstances:

    1. There is a break or hiatus in the record title of real estate.
    2. There exsits:
      1. A defect in;
      2. An apparent defect in; or
      3. A cloud upon;
        the title of the real estate due to a defective or inaccurate legal description of the real estate.
    3. There is no record that a grantor or mortgagor was unmarried when the deed to or mortgage on the real estate was executed.
    4. An instrument affecting the real estate, including a deed, will, or mortgage, was not properly executed.
    5. A mortgage, vendor’s lien, or other lien or encumbrance affecting the real estate was not properly released
    6. The person instituting the proceeding does not know:
      1. The name of another person who may claim an interest in the real estate based on the other person’s relationship to a former owner, mortgage, or encumbrancer of the real estate; or
      2. Whether another person, including a person described in clause (A), who may have an interest in the real estate is alive or dead.

    The plaintiff in the proceeding may state the following in the complaint:

    1. The plaintiff asserts title to the real estate that is the subject of the proceeding against all other persons.
    2. The purpose of the proceeding is to quiet the title to the real estate.
    3. The plaintiff has names as defendants all persons whom the party knows may have a claim to or interest in the real estate.

    The plaintiff shall file with the complaint an affidavit that states the following:

    1. The complaint contains the names of all the persons disclosed by the public record by or through whom a claim or interest in the real estate may be asserted.
    2. The plaintiff does not know the following information about a person described in subdivision (1):
      1. Whether the person is alive or dead.
      2. The person’s legal residence.
      3. The person’s marital status.
      4. If the person is or has been married, the name or address of the person’s spouse, widow, or widower.
      5. If the person is dead, whether the person has left any heir or devisee,
      6. The name or legal residence of an heir or devisee.
    3. The plaintiff claims full and complete right and title in the real estate that is the subject of the proceeding.
    4. The plaintiff intends to quiet title to the real estate through the proceeding.

    After the plaintiff files the complaint and affidavit, the plaintiff shall file an affidavit for publication of notice under IC 34-32-1.

    After the plaintiff files the affidavit for publication of notice, the clerk of the county in which the real estate that is the subject of the proceeding is located shall publish notice of the following:

    1. The filing and pendency of the proceeding.
    2. The date on which the proceeding will take place.
    3. Designations and descriptions of any defendant whose name and legal residence are unknown.
    4. A legal description of the real estate.
    5. The purpose of the proceeding, which is to quiet title to the real estate.

    After the clerk publishes notice, the clerk shall provide proof of the publication to the court in which the proceeding is pending. Not earlier than thirty (30) days after the last publication of notice, the court may hear and determine all matters in the proceeding as if the plaintiff has known and sued all possible claimants by their proper names. All decrees, orders, and judgments issued by the court are binding and conclusive on all partied and claimants. The proceeding shall be taken as a proceeding in rem against the real estate.

    If the real estate that is the subject of the proceeding described in subsection (a) is located in more than one (1) county, the plaintiff may file a complaint in a court located in any county in which the real estate is located. The plaintiff may not file a complaint in more than one (1) court. The plaintiff shall publish notice of the complaint in each county in which the real estate is located. The published notice in each county shall contain the following:

    1. The legal description of the real estate that is located in the county.
    2. The other counties in which the real estate is located.
    3. Notice that a certified copy of the final judgment in the proceeding will be filed, not more than three (3) months after the judgment is entered, in the recorder’s office in each county in which the real estate is located.
  • Recording Decree in the Recorder's Office

    The clerk of a court shall enter in the civil order book al orders and decrees in any suit to quiet title to real estate. After a court enters final judgment in a proceeding, the clerk shall certify a copy of the final judgment and deliver the certified copy to the county recorder. The clerk shall include the costs of the transcript of the proceedings and the recording fees in the costs of the proceeding. [IC 32-30-3-17]

  • Receiverships - Record of Statements

    It shall be the duty of the clerk to keep a record suitable to enter and record statements of assets and liabilities. [IC 32-30-5-12]

    All claims against the assets in the hands of the receiver are to be filed by the receiver with the clerk. It is the duty of the clerk to record such claims with the statements in the book provided for that purpose thus making a complete record of the same. [IC 32-30-5-13]

  • Replevin Action

    If any personal goods are wrongfully taken or unlawfully detained from the owner or person claiming the possession or taken on execution or attachment, are claimed by any person other than the defendant, the owner or claimant may bring an action for the possession thereof. When a delivery is claimed, an affidavit must be made by the plaintiff, or by someone in the plaintiff's behalf. [IC 32-35-2-1; IC 32-35-2-3]

  • Order for Delivery

    When such affidavit is filed with the clerk, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear for the purpose of controverting plaintiff’s affidavit or to otherwise show cause why: a prejudgment order for possession should not issue; and the property should not be delivered to plaintiff. [IC 32-35-2-5]

  • Births - Proceedings to Establish Time and Place

    Residents and nonresidents of the State of Indiana may file their verified petition to establish a public record of the time and place of birth as provided by IC 34-28-1-1 and IC 34-28-1-2.

    It shall be the duty of the clerk to provide the forms for the petition in the same manner as other forms are provided for by law. [IC 34-28-1-3]

Clerk's Guide - Continued

  • Births - Notice to be Given

    Upon filing the application, the applicant shall give notice thereof by one insertion in some qualified newspaper of general circulation.   The form of notice shall be in the form as provided by law. The cost of the notice shall not exceed one dollar and fifty cents ($1.50).   In the event the notice cannot be published for such fee, notice shall be given by posting at a door of the courthouse and it is the duty of the clerk to make such posting and file proof thereof.   If no newspaper is published in the county where the application is filed, the applicant shall give notice in the closest newspaper printed and published in an adjoining county. [IC 34-28-1-4]

  • Birth Certificates Record to be Kept by Clerk

    In addition to the requirement for keeping a birth certificate record, the clerk shall also send a certified copy of the judgment decree to the Division of Vital Records, State Department of Health, Indianapolis, Indiana. Such judgment and decree shall be considered to be a delayed certificate of birth under the provisions of IC 16-37-2. [IC 34-28-1-9]

  • Dismissal for Failure to Prosecute

    If the applicant fails to prosecute his/her action within 120 days after filing the petition, the court shall dismiss the application and it shall be the duty of the clerk to destroy all such applications immediately subsequent to such dismissal. [IC 34-28-1-11]

  • Grand Juries

    Under the supervision of the supervising judge, the jury administrator shall prepare a written plan for the selection of grand and petit jurors in the county. The plan must be designed to achieve the objective of IC 33-28-5. The plan muse specify the following:

    (1)   Source of names for the master list.

    (2)   Form of the master list.

    (3)   Method of selecting names from the master list.

    (4)   Methods for maintaining records of names drawn, jurors qualified, and jurors’ deferrals and reasons to be deferred, including specifying any necessary forms.

    (5)   Method of drawing names of qualified jurors for prospective service.

    (6)   Procedures to be followed by prospective jurors in requesting to be deferred from jury service.

    (7)   Number of petit jurors that constitutes a panel for civil and criminal cases or a description of the uniform manner in which this determination is made.

    (8)   That upon receipt of an order for a grand jury, the jury administrator shall publicly, and in accordance with section 20 of this chapter, draw at random from the jury pool twelve (12) qualified jurors and direct them to appear before the supervising judge.   The supervising judge shall randomly select six (6) jurors after:

    (A)   explaining to the twelve (12) prospective jurors the duties and responsibilities of a grand jury; and

    (B) deferring jurors under IC 33-28-5-18.

    The plan must be submitted by the jury administrator to the judges of the courts. The judges of the courts shall approve or direct modification of the plan not later than sixty (60) days after its receipt. If the plan is found not to comply, the court shall order the jury administrator to make the necessary changes to bring the plan into compliance. The approved plan mist go into effect not later than sixty (6) days after the plan is approved by the judges of the courts.

    The plan may be modified at any time according to the procedure specified in IC 33-28-5.

    The plan is a public document on file in the office of the jury administrator and must be available for inspection at all reasonable times. [IC 33-28-5-12]

    The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, extend the terms of the members of the grand jury then convened for an additional term of three (3) months or more, as requested by the prosecuting attorney. The terms of the members of any grand jury may be so extended for successive periods of increments of three (3) months or more, to a total length of no more than two (2) years. [IC 35-34-2-13]

    The judge of any court having criminal jurisdiction may, upon due cause shown by petition of the prosecuting attorney of the judicial circuit, order the clerk of the courts, or jury administrator as defined in IC 33-28-5-3, to draw the names of competent persons to be summoned to serve on a special grand jury, which shall serve in addition to the grand jury regularly summoned and convened pursuant to law.

    A special grand jury has the powers and duties of a grand jury prescribed by law.

    The members of the special grand jury serve terms of three (3) months or more, as requested by the prosecuting attorney. The terms of members of a special grand jury shall be extended for the same period of time and in the same manner in which the terms of grand jury members may be extended under section 13 of this chapter. [IC 35-34-2-14]

    When names of grand jurors are ordered drawn to be summoned under section 14 of this chapter, the judge shall specify the number of names to be drawn, and shall enter an order in sufficient time before the grand jury session to permit counsel to know and investigate the panel of special grand jurors. The order of names listed in the panel and called for service and entered in the order book of the court shall be the same as provided in IC 33-28-5.   The clerk shall issue summonses for such jurors as the courts may direct. The sheriff or bailiff shall then call the special grand jurors to the jury box in the same order as that in which their names were drawn from the jury pool and certified thereto. [IC 35-34-2-15]

  • Oath of Attorneys - Attorney List

    A person before proceeding to discharge the duties of an attorney shall take an oath to support the Constitution of the United States and of this state, and faithfully and honestly discharge the duties of an attorney at law. The oath shall be entered in the order book of the court. At each term of court, the clerk will furnish a list of names to the court of all attorneys having business in such court. [IC 33-43-1-1; IC 33-43-1-2]

    As a ready reference and a method of convenience, we recommend each clerk of the circuit court keep a record or roll of the names of attorneys admitted to practice law in their respective courts. The register should show the name, date of admission and any other pertinent information necessary for a complete record. The names should be filed in alphabetical order.

  • Certificate of Authority or Acknowledgement - Fee

    The clerk is often requested to attest the official character of persons who affix their seal and signature to conveyances or other instruments. This is frequently true when a notary public affixes their jurat to an instrument.

    A certificate of acknowledgement of conveyance or other instrument in writing that is required to be recorder, signed, and sealed by the officer taking the acknowledgement shall be written on or attached to a deed. When by law the certificate of the clerk of the proper county is required to accompany the acknowledgement, the certificate shall state that: the officer before whom the acknowledgement was taken was, at the time of acknowledgment acting lawfully; and the clerk’s signature to the certificate of acknowledgement is genuine. [IC 32-21-2-9]

    The clerk's fee for this service is one dollar ($1.00) and is the property of the county. [IC 33-37-5-3]

  • Tender of Money Refused

    When an action is begun in court where money has been tendered in settlement of a demand and the tender refused by the party or parties, the money may be brought into court to keep the tender good. The clerk shall accept such tender and enter it in the proper records to the credit of the person for whom it is intended. The tender is an item of trust. The clerk must be particularly cautious not to disburse the money until the case in litigation is finally adjudicated by judgment by the court or jury or upon dismissal by the plaintiff. The clerk must never refund the tender to the party who paid it unless by judgment of the court it is so ordered and the amount determined. When money is tendered into court, the clerk is responsible for the money.   The disbursement of the tender, except by judgment or order of the court, may result in an action against the clerk or on his/her official bond.

    If the court or jury trying the case finds that a less amount is due on the demand than that tendered and brought into court, the person refusing the tender shall receive no more of the sum paid into court than the court or jury finds is due on the demand. [IC 34-54-9-2]

  • Failure to Pay Over Fees Collected

    An officer who fails to pay the amount due from him/her into the county treasury shall forfeit to the state a sum equal to the amount of fees actually collected during the quarter, to be collected by the prosecuting attorney of the county and paid into the common school fund of the county. [IC 36-2-7-17]

  • Witnesses for Grand Jury

    The clerk is required to issue subpoenas for witnesses to appear before any regular session of the grand jury in the manner provided by law for the issuance of such. [IC 35-34-2-5]

    The clerk may be required to draw names of competent persons to serve on the grand jury. [IC 35-34-2-14]

  • Indictment - Duty of Clerk

    Whenever an indictment or information is filed, the clerk of the court shall mark the date of filing on the instrument and the indictment or information shall be recorded in a record book kept for that purpose by the clerk. The clerk shall make available to the defendant, or the defendant's attorney, a copy of the indictment or information.

    Whenever an indictment or information is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court shall issue a bench warrant for the arrest of the defendant.

    The court may order that the indictment or information be sealed. If a court has sealed an indictment or information, no person, may disclose the fact that an indictment or information is in existence or pending until the defendant has been arrested or otherwise brought within the custody of the court. A violation of this subsection is punishable as a contempt. [IC 35-34-1-1]

  • Recognizance Filed With and Recorded by Clerk

    Every recognizance taken by any peace officer must be delivered to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance and it shall have the same effect as if taken in open court. [IC 35-33-8.5-2]

  • Recognizance - Recording a Lien - Real Estate in Other Counties - Release of Liens - Fees of Clerk - Judgement Upon Forfeiture

    All recognizances taken to secure the appearance of a defendant in the criminal or circuit court shall be immediately recorded by the clerk of said court in the order book and entered in the judgment docket of said court and from the date of recording shall be a lien on all the real estate in such county owned by the several obligors.

    If the real estate of any one or more of the obligors be situated in a county other than in that where the prosecution is pending, it shall be the duty of the clerk, upon order of the court and as such court may direct, to immediately transmit to the clerk of the court of the county where such real estate is situated, a certified copy of the recognizance.

    The clerk of the court to which the transcript is sent shall immediately record the recognizance upon the judgment docket of the circuit court of such county in the same manner as required of the clerk wherein the cause in pending. And the same shall be a lien on real estate owned by the obligors in such county in the same manner and to the same extent as if the lands were situated in the county where the cause is pending.

    The clerk to which such document is transmitted shall be entitled to charge and collect one dollar ($1.00) to be paid by the defendant or the obligors, which sum shall accompany the certified copy.

    Upon the final determination of said cause and the full and complete compliance with all requirements and conditions of the recognizance, the court shall order the release of all liens created by the recognizance and the clerk shall transmit to the clerk of the circuit court of each county wherein said lien may have been recorded, and such order when recorded in any of said counties shall operate as a full and complete release of all lands of such obligors situated in such county.

    The fee of any clerk for recording any such release shall be fifty cents ($.50), which fee shall be paid by the obligor and shall accompany the order of release when transmitted by the clerk.

    Judgment, if any, rendered in the event of a forfeiture of any recognizance, shall bind and be a lien upon the real estate of the principal and sureties within the county in which such judgment is rendered. A transcript of the judgment shall also be filed in the office of the clerk of each other county, if any, where such recognizance may have been recorded and when recorded, shall be a lien upon the lands of any obligor therein situated in like manner as in the county of origin jurisdiction. Should such surety be relieved from liability from such bond as by law provided, such clerk shall proceed to release from the lien provided herein all his/her such real estate as though such case had been completed and the case finally determined. [IC 35-33-8.5-9]

  • Fines or Costs - Default

    Whenever the court imposes a fine, it shall conduct a hearing to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order: (1) that the person pay the entire amount at the time sentence is pronounced; (2) that the person pay the entire amount at some later date; (3) that the person pay specified parts at designated intervals; or (4) at the request of the person, commitment of the person to the county jail for a period of time set by the court in lieu of a fine. If the court orders a person committed to jail, the person's total confinement for the crime that resulted in the conviction must not exceed the maximum term of imprisonment prescribed for the crime under IC 35-50-2 or IC 35-50-3.

    A court may impose a fine and suspend payment of all or part of the fine until the convicted person has completed all or part of the sentence. If the court suspends payment of the fine, the court shall conduct a hearing at the time indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the fine:

    (1)   at the time the fine is due; or

    (2)   in the manner described in (2) through (4) above.

    If the court suspends payment of the fine, the court retains jurisdiction over the convicted person until the convicted person has paid the entire amount of the fine.

    Upon any default in the payment of the fine: (1) The county attorney may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if he/she is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20.00) for each twenty-four (24) hour period he/she is confined, until the amount paid plus the amount credited equals the entire amount due; or the court may institute contempt proceedings or order the convicted person’s income garnished in accordance with IC 24-4.5-5-105. [IC 35-38-1-18]

  • Official Bonds Approved by Clerk

    The official bonds of county officers, required to give bonds except: county sheriff; county coroner; county recorder; and clerk of the circuit court, if sufficient, shall be approved by the clerk of the circuit court. The specific officers mentioned above shall have their bonds approved by the county executive. [IC 5-4-1-8]

  • New Bond - Notice by Clerk

    Whenever the clerk of the circuit court with jurisdiction in the county where an officer resides determines or a voter eligible to vote for an officer files an affidavit with the clerk stating that:

    1. the sureties for the official bond of an officer have ceased to do business in Indiana;
    2. the security for an official bond of an officer has become insufficient; or
    3. the penalty has become inadequate to secure the faithful performance of the duties of an officer's office by the diminution of the penalty by suit, an increase of liabilities from the enactment of statutes after the commencement of an officer's term, or other sufficient cause:

    the clerk shall issue a writ to the sheriff commanding the officer to appear before the judge of the circuit court with jurisdiction in the county in which the officer resides ten (10) days after the service of process and answer the complaint. The summons shall be served, return made, and fees charged as in the case of other summons. [IC 5-4-4-1]

    On the return of the process served, the clerk shall immediately notify the judge of the time and place of hearing the complaint and the judge shall attend thereupon. [IC 5-4-4-2]

  • Administration of Oath

    Clerks of the circuit courts are authorized to administer oaths and take acknowledgments of all documents pertaining to all matters where an oath is required. [IC 33-42-4-1; IC 33-32-2-5]

  • Compensation - Division of Penalty

    It is a Class B misdemeanor for any deputy or assistant to divide the compensation with the officer or any other person in consideration of such employment or for the officer or other person to accept any such division of compensation. [IC 36-2-8-6]

  • Session Laws - Receipt by Clerk - Distribution

    Immediately upon receipt of the session laws by the legislative council, one (1) copy of these session laws shall be delivered by certified mail to each of the clerks of the counties of the state.

    It is the duty of each county clerk, upon delivery to the county clerk of the copy of the session laws referred to in the preceding paragraph, to send to the Governor by first class mail a certificate under the seal of the clerk's office showing the date of the clerk's receipt for such laws, as provided in IC 1-1-3-1.

    The legislative council shall furnish additional copies of the session laws to each county clerk sufficient to provide copies for local officials as directed by the legislative council.

    The legislative council shall distribute copies of the session laws to all state elected officials and state governmental agencies and shall fill requests from official agencies in other states. When such distribution is completed, additional copies of the session laws may be sold by the Indiana Legislative Services Agency at the cost set by statute. All moneys so collected shall be turned over to the Treasurer of State. [IC 2-6-1.5-4]

  • Unclaimed Property - Report to Attorney General

    It is the duty of the clerk to report all property of whatsoever kind or character which remains unclaimed in the office for a period of five years to the Attorney General of the state. The provision of this statute covers any item of trust. [IC 32-34-1-20 and IC 32-34-1-26]]

  • Delivery of Unclaimed Property to Attorney General

    On the date the report of unclaimed property is filed with the Attorney General, the clerk shall deliver or pay to the Attorney General the property described in the report with few exceptions as listed in IC 32-34-1-27.

    Follow the guidance on the Attorney General’s Website for reporting and remittance.

  • Successor to Receive Books, Records and Papers

    At the expiration of his/her term, the clerk shall deliver to his/her successor all the records, books and papers belonging to the office. [IC 33-32-3-8]

  • Department of Workforce Development (DWD) Warrants

    Upon receipt of a warrant for the collection of delinquent contributions due the Department of Workforce Development, the clerk shall, within five (5) days, enter the warrant in the judgment docket in the same manner as other judgments are entered, which shall constitute a lien upon the title and interest in the real and personal property of the employing unit against which it is issued. After making the proper entry in the judgment docket, the clerk will return the original warrant to the department. [IC 22-4-29-7]

    If the clerk fails to record and issue the warrant, to the department, within five (5) days after it has been received, the clerk shall forfeit to the State of Indiana for each failure the sum of twenty dollars ($20.00). [IC 22-4-29-8]

    Within one hundred twenty (120) days from the date of receipt of the warrant (or immediately after service if the warrant is fully satisfied or found to be wholly uncollectible) the sheriff shall return it, together with the money collected, less fees and costs payable to the department, and make his/her return thereon.

    "Costs" as referred to in this subsection includes the fees of the clerk and sheriff as are specifically provided for and costs of storage, appraisal, publication, and other necessary and properly chargeable expenses incurred in the sale of property on execution. The costs herein specifically prescribed for the clerk and sheriff shall be as follows:

    1. Clerk's fee of three dollars ($3.00) to be charged on the warrant and paid to the clerk for recording the warrant.
    2. Sheriff's fee of:
    • six dollars ($6.00) to be charged on the warrant and paid to the sheriff in every instance in which the warrant has been duly and properly served and the schedules and affidavits hereinafter provided for have been executed and signed;
    • ten dollars ($10.00) for sale of property on execution or decree, including making a deed or certificate of sale, to be charged on the warrant. [IC 22-4-29-8]

    The fees and charges provided in IC 22-4-29-8 for the clerk and sheriff shall be the property of the clerk and sheriff, and, excepting additional payments to the sheriff provided for in this section, shall be the only fees and charges payable for their services relating to the warrants herein and shall be in lieu of all fees and charges provided for in other statutes for services relating to recording and serving of warrants and levying of executions, whether such other statutes relate to clerks, sheriffs, governmental units, or subdivisions thereof. Such costs shall be charged against the employing unit and collected from it by the sheriff.

    In case the amount collected is sufficient to satisfy the entire amount of the warrant and all costs thereon, the sheriff shall retain an amount equal to ten percent (10%) of the assessment in addition to the fees provided in section 8 of this chapter. If such amount is not collected in full, the sheriff shall retain an amount equal to five percent (5%) of the amount collected.

    However, in instances wherein the sheriff makes no collection upon a warrant and it has been returned to the department as uncollectible and the warrant is thereafter paid voluntarily in whole or in part by the employing unit to the clerk or to the department, the sheriff shall not be entitled to either of the payments mentioned above, and the damages assessed in the warrant shall be deposited in the unemployment insurance benefit fund. [IC 22-4-29-9]

    The return by the sheriff to the department of the warrants shall be made monthly on or before the fifth day of the month. All money so returned to the department shall be receipted for by the department and its endorsement upon the check transmitted by the sheriff shall be conclusive evidence of such payment by the sheriff and no other receipt shall be necessary.

    If a warrant is not satisfied within one hundred twenty (120) days specified in IC 22-4-29-8, nothing herein shall operate to prevent the department from issuing subsequent warrants upon the identical amount of the unpaid assessment. Subsequent warrants shall not be recorded by the clerk, and no fees shall be chargeable by the clerk. Upon any subsequent warrant, the sheriff shall be entitled to a sum for mileage equal to that sum per mile paid to state officers and employees, with the rate changing each time the state government changes its rate per mile, but shall not be entitled to any other fee if the same has been paid the sheriff for services upon the original warrant, except that in case collection is made in part or in full with respect to any such subsequent warrant, the sheriff is entitled to the five percent (5%) or ten percent (10%) as provided in IC 22-4-29-9(b).

    In every instance in which the sheriff shall return any warrant unsatisfied, the sheriff shall attach to the sheriff's return an inventory or schedule of all the property, real and personal, tangible and intangible, of the employing unit, sworn to by the employing unit, and describing the real estate by metes and bounds and the personal property by separate items, specifically noting thereon all encumbrances, or in lieu thereof a sworn statement by the employing unit that it possesses no property whatever. [IC 22-4- 29-10]

  • Gross Income Tax Warrants - Clerk to Enter

    When the Department of State Revenue issues a tax warrant, it may not file the warrant with the circuit court clerk of any county in which the person owns property until at least twenty (20) days after the date the demand notice was mailed to the taxpayer. The department may also send the warrant to the sheriff of any county in which the person owns property and direct the sheriff to file the warrant with the circuit court clerk:

    1. at least twenty (20) days after the date the demand notice was mailed to the taxpayer; and
    2. no later than five (5) days after the date the department issues the warrant.

    When the circuit court clerk receives a tax warrant from the department or the sheriff, the clerk shall record the warrant by making an entry in the judgment debtor's column of the judgment record, listing the following:

    1. The name of the person owing the tax.
    2. The amount of the tax, interest, penalties, collection fee, sheriff's costs, clerk's costs, and fees established under section 4(b) of this chapter when applicable.
    3. The date the warrant was filed with the clerk.

    When the entry is made, the total amount of the tax warrant becomes a judgment against the person owing the tax. The judgment in favor of the state that attaches to all the person's interest in any:

    1. chose in action in the county; and
    2. real or personal property in the county excepting only negotiable instruments not yet due.

    A judgment obtained under this section is valid for ten (10) years from the date the judgment is filed. The department may renew a judgment for additional ten (10) year periods by filing an alias tax warrant with the circuit court clerk of the county in which the judgment previously existed.

    A judgment in a county shall be released by:

    1. the department after the judgment, including all accrued interest to the date of payment, has been fully satisfied; or
    2. the department if the department determines that the tax assessment or the issuance of the tax warrant was in error.

    If the department determines that the filing of a tax warrant was in error, the department shall mail a release of the judgment to the taxpayer and the circuit court clerk of each county where the warrant was filed. Each clerk where the warrant was filed shall expunge the warrant from the judgment debtor’s column of the judgment record. The department shall mail the release as soon as possible but no later than seven (7) days after:

    1. the determination by the department that the filing of the warrant was in error; and
    2. the receipt of information by the department that the judgment has been recorded under subsection (d).

    If the department determines that a judgment described in IC 6-8.1-8-2(h) is obstructing a lawful transaction, the department shall immediately upon making the determination mail:

    1. a release of judgment to the taxpayer; and
    2. an order requiring the clerk of each county where judgment was filed to expunge the warrant.

    A release issued must state that the filing of the tax warrant was in error. Upon the request of the taxpayer, the department shall mail a copy of a release issued and the expungement order to each major credit reporting company located in each county where the judgment was filed.

    The commissioner shall notify each state agency or officer supplied with a tax warrant list of the issuance of a release.

    If the sheriff collects the full amount of a tax warrant, the sheriff shall disburse the money collected. If a judgment has been partially or fully satisfied by a person's surety, the surety becomes subrogated to the department's rights under the judgment. If a sheriff releases a judgment:

    1. before the judgment is fully satisfied;
    2. before the sheriff has properly disbursed the amount collected; or
    3. after the sheriff has returned the tax warrant to the department;

    the sheriff commits a Class B misdemeanor and is personally liable for the part of the judgment not remitted to the department. [IC 6-8.1-8-2]

    A lien on real property described in IC 6-8.1-8-2(e)(2) is void if both of the following occur:

    (1) The person owing the tax provides written notice to the department to file an action to foreclose the lien.

    (2) The department fails to file an action to foreclose the lien not later than one hundred eighty

    (180) days after receiving the notice.

    A person who gives notice in number (1) above by registered or certified mail to the department may file an affidavit of service of the notice to file an action to foreclose the lien with the circuit court clerk in the county in which the property is located. The affidavit must state the following:

    (1)   The facts of the notice.

    (2)   That more than one hundred eighty (180) days have passed since the notice was received by the department.

    (3)   That no action for foreclosure of the lien is pending.

    (4)   That no unsatisfied judgment has been rendered on the lien.

    Upon receipt of the affidavit, the circuit court clerk shall make an entry showing the release of the judgment lien in the judgment records for tax warrants. [IC 6-8.1-2]

    The county sheriff of a county shall attempt to levy on and collect a judgment on a tax warrant in that county for a period of one hundred twenty (120) days from the date the judgment is entered, unless the sheriff is relieved of that duty at an earlier time by the department. The sheriff's authority to collect the warrant exists only while the sheriff holds the tax warrant, and if the sheriff surrenders the warrant to the department for any reason the sheriff's authority to collect that tax warrant ceases. During the period that the sheriff has the duty to collect a tax warrant, the sheriff shall collect from the person owing the tax, an amount equal to the amount of the judgment plus the accrued interest to the date of the payment. The sheriff shall make the collection by garnisheeing the person's wages and by levying on and selling any interest in property or rights in any chose in action that the person has in the county. The Indiana laws which provide relief for debtors by exempting certain property from levy by creditors do not apply to levy and sale proceedings for judgments arising from tax warrants.

    A sheriff shall sell property to satisfy a tax warrant in a manner that is reasonably likely to bring the highest net proceeds from the sale after deducting the expenses of the offer to sell and sale. A sheriff may engage an auctioneer to advertise a sale and to conduct a public auction, unless the person being levied files an objection with the clerk of the circuit or superior court having the tax warrant within five (5) days of the day that the sheriff informs the person of the person's right to object. The advertising conducted by the auctioneer is in addition to any other notice required by law, and shall include a detailed description of the property to be sold. When an auctioneer is engaged under this subsection and the auctioneer files a verified claim with the clerk of the circuit or superior court with whom the tax warrant is filed, the sheriff may pay the reasonable fee and reasonable expenses of the auctioneer from the gross proceeds of the sale before other expenses and the judgment arising from the tax warrant are paid. As used in this section, "auctioneer" means an auctioneer licensed under IC 25-6.1.

    The sheriff shall deposit all amounts that the sheriff collects under this section, including partial payments, into a special trust account for judgments collected that arose from tax warrants. On or before the fifth day of each month the sheriff shall disburse the money in the tax warrant judgment trust account in the following order:

    1. The sheriff shall pay the department the part of the collections that represents taxes, interests, and penalties.
    2. The sheriff shall pay the county treasurer and the clerk of the circuit or superior court the part of the collections that represents their assessed costs.
    3. Except as provided in (4) and (5) below, the sheriff shall keep the part of the collections that represents the ten percent (10%) collection fee added.
    4. If the sheriff has entered a salary contract under IC 36-2-13-2.5, the sheriff shall deposit in the county general fund the part of the collections that represents the ten percent (10%) collection fee added.
    5. If the sheriff has not entered a salary contract under IC 36-2-13-2.5 the sheriff shall deposit in the county general fund the part of the collections that:
    6. (A)    Represents the ten percent (10%) collection fee; and

      (B)   Would, if kept by the sheriff, result in the total amount of the sheriff’s annual compensation exceeding the maximum amount allowed under IC 36-2-13-17.

      The department shall establish the procedure for the disbursement of partial payments so that the intent of this section is carried out.

      After the period described has passed, the sheriff shall return the tax warrant to the department. However, the department determines that: (1) at the end of this period the sheriff is in the process of collecting the judgment arising from a tax warrant in periodic payments of sufficient size that judgment will be fully paid within one (1) year after the date the judgment was filed: and (2) the sheriff’s electronic data base regarding tax warrants is compatible with the department’s data base; the sheriff may keep the tax warrant and continue collections.

      Notwithstanding any other provision of this chapter, the department may order a sheriff to return a tax warrant at any time, if the department feels that action is necessary to protect the interests of the state.

      The following applies only to the sheriff of a county having a consolidated city or second class city. In such a county, the ten percent (10%) collection fee added under section 2(b) of this chapter shall be divided as follows:

      (1)     Unless it causes the sheriff’s annual compensation to exceed the maximum allowed by IC 36-2-13-17, the sheriff may retain forty thousand dollars ($40,000), plus one-fifth (1/5) of any fees exceeding that forty thousand dollar ($40,000) amount.

      (2)     Two-fifths (2/5) of any fees exceeding that forty thousand dollar ($40,000) amount shall be deposited in the sheriff's department's pension trust fund.

      (3)     Two-fifths (2/5) of any fees exceeding that forty thousand dollar ($40,000) amount shall be deposited in the county general fund.

      Money deposited into a county general fund must be used to reduce any unfunded liability of a sheriff’s pension trust. Any remaining amount must be applied to the costs of operating the sheriff’s department. [IC 6-8.1-8-3]

  • Distress Sales (Going out of Business Sales) - License

    Any applicant for a license to conduct a distress sale under the provisions of IC 25-18-1, shall file an application for a license with the clerk of the circuit court. [IC 25-18-1-3]

    The application shall be in such form and contain such information as set out in IC 25-18-1-3. This application shall be made in writing and under oath, at least ten (10) days prior to the opening date of the sale. A detailed and complete inventory of all goods to be sold shall be filed with the application.

    The form of inventory is prescribed by the act.

    The clerk shall note on the license the effective date of the sale which shall not be less than ten (10) nor more than fifteen (15) days from the date of the issuance of the license. The license shall expire and be void sixty (60) days after the effective date unless renewed in accordance with the requirements and limitations of Section 9. A renewal license shall expire thirty days from its effective date. An additional license fee is required.

    The form of license shall contain information and statements prescribed by IC 25-18-1-6. It shall be issued in duplicate either in typewritten or printed form. The clerk shall retain one copy.

    The clerk shall endorse upon each application the date of its filing and preserve it as a public record of the office. A book shall be kept and properly indexed, showing the name of the applicant, date of application, the descriptive name of the proposed sale, place where sale is to be conducted, date of issuance of license and effective date thereof.

    No license required by the act shall be issued if such business was established or relocated for the ultimate purpose of holding such sale. It shall be presumed by the clerk that any business maintained at the sale location less than six months was established for such ultimate purpose. The applicant may rebut such presumption to the satisfaction of the clerk when the application is filed. [IC 25-18-1-14]

    The clerk is charged with the duty to see that the provisions of the act are strictly complied with and to report for prosecution all cases of violation of or refusal or neglect to comply with such provisions. It is unlawful for any licensee to refuse any information or facts in connection with the sale for which a license was issued which the clerk may require for the enforcement of the act. [IC 25-18-1-18]

  • Distress Sales - License Fee

    Inventories of $25,000.00 or less, the fee is $40.00; inventories of $25,000.00 to $50,000.00, $65.00; $50,000.00 to $75,000.00, $100.00; $75,000.00 and over, $150.00. [IC 33-32-5-2]

  • County Commission on Public Records - Created

    A commission is created in each county of the state to be known as the commission of public records of county. The commission consists of the judge of the circuit court, the president of the board of county commissioners, the county auditor, the clerk of the circuit court, the county recorder, the superintendent of schools of the school district in which the county seat is located and the city controller of the county seat city, and if there be no such city controller then the clerk- treasurer of such county seat city or town, shall be a member of the commission. The commission shall elect one of the members to be chairman and the clerk shall be the secretary. The members shall serve without compensation and shall receive no reimbursement for any expense. [IC 5-15-6-1]

  • County Commission on Public Records - Duties

    According to IC 5-15-6-2, as amended by Acts of 1979, Public Law 40, Section 17, the county records commission is to determine:

    1. Which public records, if any, are no longer of official or historical value.
    2. Which public records are of current official value and should be retained in the office where they are required to be filed.
    3. Which public records are of official value but are consulted and used so infrequently that they are no longer of appreciable value to the officer with whom they are required to be filed.
    4. Which public records are of no apparent official value but which do have historical value.

    The county commission may request the assistance of the commission on public on public records at the state in developing records management programs. Additional information is available at www.IN.gov/icpr.

    No financial records or records relating thereto shall be destroyed until an examination and audit of such records by the State Board of Accounts has been completed, a report filed and any exceptions set out in such report satisfied.

  • Railroad Police

    Each police officer commissioned by the Governor shall, before entering upon his/her duties, take and subscribe an oath of office, which shall be endorsed upon his/her commission, and such commission, with the oath, shall be recorded in the office of the clerk of the circuit court of the county in which such police officer resides. [IC 8-3-17-2]

    When the services of the police officer are terminated by the company, it shall file a notice to the effect, under its corporate seal, with the clerk where the commission is recorded. The notice of termination must be noted on the margin of the record where the commission is recorded. The company shall also file a notice with the Secretary of State. Thereupon, the powers of such police officer shall cease and terminate. [IC 8-3-17-8]

  • Handwritten Records

    The clerk of the circuit court, county auditor and county recorder shall use permanent, jet-black, nonfading ink when preparing official records in longhand. A person who violates this subsection commits a Class C infraction. [IC 36-2-17-2]

  • Attorney Lien

    An attorney, not later than sixty (60) days after the date judgment is rendered, must enter in writing upon the docket or record in which the judgment is recorded, the attorney’s intention to hold a lien on the judgment, along with the amount of the attorney’s claim. If an appeal is taken on a judgment, the lien may be entered not later than sixty (60) days from the date the opinion of the higher court is recorded in the office of the clerk of the trial court or after the date of final judgment where the case is reversed and retried. [IC 33-43-4-2]

Clerk's Guide - Continued

  • Official's Bonds

    Bonds of elected or appointed public officials, except those of the county recorder, deputy or employees thereof, are required to be filed and recorded in the office of county recorder in the county of residence of such official. The bonds of the county recorder, deputy or employee are required to be filed and recorded in the office of clerk of the circuit court. [IC 5-4-1-5.1]

  • City and Municipal Court Judges

    When a person is appointed as a judge of a city or municipal court, a certified copy of the appointment shall be sent by the appointing authority to the clerk of the circuit court of the county in which the city is located. The appointment shall be recorded in the order book of the circuit court. The record or municipal authorizes the clerk to certify that the judge is the duly appointed, qualified and acting judge of the city or municipal court for which the judge was appointed. [IC 33-38-3-1; IC 33-38-3-2]]

  • Acting Township Trustee

    Upon filing a petition by not less than twenty-five (25) resident freeholders of any township alleging that the duly elected, qualified and acting township trustee is incapable of performing the duties of that office due to mental or physical incapacitation, the clerk shall issue a summons to be served upon such trustee to be returnable not less than ten (10) days from date of issue. Immediately following the return date as set out in the summons, a hearing shall be held by the judge of the court on the alleged matter. Upon hearing the evidence and being duly advised, the court shall enter its finding and judgment.

    If the court or judge thereof determines the elected trustee is incapable of holding such office, the clerk shall certify a copy of the judgment to the board of county commissioners who shall within five (5) days appoint a resident of the township to act as trustee during the period of incapacitation.

    When an incapacitated executive files a petition with the circuit court of the county alleging that the executive is restored to mental or physical ability to perform the duties of office, the court shall immediately hold a hearing on the matters alleged.   After hearing the evidence and being fully advised, the court shall enter its findings and judgment.

    If the court finds the executive capable of resuming duties, the clerk of the court shall certify a copy of the judgment to the county executive, which shall, within five (5) days, revoke the appointment of the acting executive.

    For purposes of this section, the board of county commissioners is considered the executive of a county having a consolidated city. [IC 36-6-4-16]

    Since the hearing and determination of the action seems to be summary, it is our opinion that a filing fee is not required at the time of filing. Neither should any other items of costs be taxed, charged and collected upon final determination.

  • Revocation and Suspension of License - Reporting

    Any court or other agency of this state, or a subdivision thereof, that has jurisdiction to take any action suspending, revoking, or otherwise limiting a license to drive shall report that action and the adjudication upon which the action is based to the bureau within five (5) days on forms approved by the bureau. [IC 9-28-1-5]

  • Notice of Conviction - Motor Vehicle Owners

    If a court convicts a person for a moving traffic offense and the person is known or believed by the court not to be the owner of the motor vehicle, the court shall, within seven (7) days after entering the conviction, deposit with the United States Postal Service, first class postage prepaid, notice addressed to the owner of the motor vehicle giving the owner the following information:

    (1)   The name and addresses of the person convicted.

    (2)   The name and addresses of the owner of the motor vehicle.

    (3)   The offense upon which the conviction was made.

    (4)   The date of arrest of the person convicted and the location of the place of the offense.

    (5)   The license plate number of the motor vehicle.

    (6)   The operator’s or chauffeur’s license number of the person convicted.

    (7)   The date of the conviction and the name of the court making the conviction. [IC 9-30-3-14]

  • Report of Judgement

    A court, shall forward to the bureau a certified abstract of the record of a judgment for damages if the rendering and nonpayment of the judgment requires the bureau to suspend or revoke the driving license of the judgment debtor under IC 9-25. The abstract shall be forwarded to the bureau immediately upon the expiration of thirty (30) days after the judgment becomes final and has not been stayed or satisfied, as shown by the records of the court. [IC 9-25-6-9]

  • Change of Venue - Appeal

    On the filing of a petition under IC 9-30-4-10 for judicial review, the cause shall be docketed by the clerk of the court in the name of the petitioner against the bureau. The issues shall be considered closed by denial of all matters at issue without the necessity of filing any further pleadings. Changes of venue from the judge or from the county shall be granted either party under the law governing changes of venue in civil causes. The bureau is not liable or taxable for any costs in any action for judicial review.

    An appeal from the judgment of the court may be prosecuted by either party as in civil causes, provided a notice of intention to appeal is filed with the court within fifteen (15) days from the date of the judgment, together with an appeal bond conditioned that the appellant will duly prosecute the appeal and pay all costs if the decision of the court having appellate jurisdiction over the appeal is determined against the appellant with surety approved by the court. A bond is not required of the bureau.

    IC 4-21.5 does not apply to this chapter. A court does not have jurisdiction to review any order or act of the bureau except as provided for in this chapter, any other law to the contrary, regardless of the date of enactment of the other law. [IC 9-30-4-11]

  • Judicial Review

    A petition for judicial review under IC 9-30-10 must:

    1. be verified by the petitioner;
    2. state the petitioner's age, date of birth, place of residence, and driver's license identification number;
    3. state the grounds for relief and the relief sought;
    4. be filed in the county in which the petitioner resides; and
    5. be filed in a circuit, superior, county, or municipal court.

    A summons in an action under IC 9-30-10 shall be issued and served in the manner provided for civil actions. The prosecuting attorney of the county in which the petition is filed and the bureau shall be served with the summons and a copy of the petition.

    In an action under IC 9-30-10, the petitioner must bear the burden of proof by a preponderance of the evidence to prevail.

    IC 9-30-3-15 and the rules of trial procedure apply in these proceedings. However, a responsive pleading is not required when a petition for review has been filed, and a person is not entitled to a change of venue from the county.

    The prosecuting attorney of the county in which the petition is filed shall represent the state in relation with the bureau.

    Court costs (including fees) shall be assessed and paid by the petitioner at the time of filing in an amount equal to the costs (including fees) assessed in the enforcement of infractions. However, a petitioner who has the petitioner's driving privileges reinstated under IC 9-30-10-8 is entitled to a refund of all costs paid. [IC 9-30-10-7]

  • Reorganizations of Schools - Elections - Petitions

    After the state board approves a comprehensive plan or partial plan for reorganization of school corporations as submitted to the state board by a county committee, the state board shall promptly, by certified mail with return receipt requested, give written notice of the approval to: the chairperson of the county committee submitting the plan; and the judge of the circuit court of the county from which the county committee was appointed.

    After notice is given under subsection (a), a community school corporation proposed by a plan referred to in subsection (a) may be created:

    (1) by petition as provided in IC 20-23-4-20;

    (2)   by election as provided in IC 20-23-4-21; or (3) under IC 20-23-4-22.

    If a proposal for the formation of a community school corporation is rejected by the voters, the county committee shall devise a new plan or direct the county election board to resubmit the same plan that was rejected by the voters to go through the process described in IC 20-23-4-23.

    There is also an appeals process in IC 20-23-4-25 for those aggrieved by the decision of the county committee that the court plays a role in carrying out.

    Additional information regarding responsibilities of the court and clerk can be found in each of the above statutes. If the county you serve is going through a school reorganization please review IC 20-23- 4 for the details you will need to understand the process and carry out your duties.

    Since the costs of conducting the special school election is to be paid by the school corporation, it is our opinion such expense will be paid by the county in the first instance and reimbursement made thereafter by the school corporation from current operating funds not otherwise appropriated and without appropriation therefor.

  • Eminent Domain

    Any person, plaintiff or defendant, aggrieved by the assessment of damages, benefits, compensation or value of property fixed by appraisers in proceedings for the condemnation or appropriation of property for public use, may file written exceptions in the office of clerk, where the case is pending. The case shall proceed to issue, trial and judgment as in civil actions. See additional information and duties in IC 32-24-1-11. [IC 32-24-6-1]

  • Eminent Domain - Execute Deed

    The clerk is required to execute a deed conveying title of real property to the unit of government for the benefit of its department of redevelopment upon direction of the judge of the circuit or superior court when such real property is acquired by proceedings in the exercise of eminent domain. [IC 36-7-14- 20]

  • Eminent Domain - Payment of Damages to One or More Defendants

    When a report of the appraisers is filed with a court under this chapter, the circuit court clerk shall send written notice of the filing of the report by certified mail to:

    (1) all known parties to the action; and

    (2)   the attorneys of record of the parties.

    Any party to an action under this chapter aggrieved by the assessment of benefits or damages in a report of the appraisers may file written exceptions to the assessment in the office of the circuit court clerk. Exceptions to the assessment must be filed by a party:

    (1)   after the report of the appraisers is filed with the court; and

    (2)   not later than forty-five (45) days after the date the circuit court clerk mails the report.

    The case shall further proceed to issue, trial, and judgment as in civil actions. The court may make orders and render findings and judgments that the court considers just. Either party may appeal a judgment as to benefits or damages as in civil actions.

    Forty-five (45) days after the date the circuit court clerk mails the report, and if the plaintiff has paid the amount of damages assessed to the circuit court clerk, any one (1) or more of the defendants may file a written request for payment of each defendant’s proportionate share of the damages held by the circuit court clerk. The defendants making a request for payment must also file sufficient copies of the request for service upon the plaintiff and all other defendants not joining in the request. The defendants making the request may withdraw and receive each defendant’s proportionate share of the damages upon the following terms and conditions:

    (1)   Each written request must:

    (A) Be verified under oath; and

    (B) state:

    (i)   the amount of the proportionate share of the damages to which each of the defendants joining in the request is entitled;

    (ii)  the interest of each defendant joining in the request; and

    (iii) the highest offer made by the plaintiff to each of the defendants for each defendant’s respective interest in or damages sustained in respect to the property that has been acquired by the plaintiff.

    (2)   Upon filing of a written request for withdrawal and payment of damages to any of the defendants, the circuit court clerk shall immediately issue a notice to the plaintiff and all defendants of record in the cause who have not joined in the request for payment.

    The notice must contain the following:

    (A) The names of the parties.

    (B) The number of the case.

    (C)  A statement that a request for payment has been filed.

    (D)  A notice to appear on a day, to be fixed by the court, and show cause, if any, why the amounts requested should not be withdrawn and paid over by the circuit court clerk to those defendants requesting the amounts to be paid.

    (E) A copy of the request for payment.

    If a defendant not requesting payment is a nonresident of Indiana, or if that defendant’s name or resident is unknown, publication and proof of the notice and request for payment shall be made as provided in IC 32-24-1-4.

    (3)   After a hearing held after notice of a written request, the court shall determine and order the payment by the circuit court clerk of the proportionate shares of the damages due to the defendants requesting payment. Any of the defendants may appeal an order under this subdivision within the same time and in the same manner as provided for allowable appeals from interlocutory orders in civil actions.

    (4)   If exceptions to the appraisers’ report have been duly filed by the plaintiff or any defendant, the circuit court clerk may not make payment to any defendant of any part of the damages deposited with the clerk by the plaintiff until the defendants requesting payment have filed with the circuit court clerk a written undertaking, with surety approved by the court, for the repayment to the plaintiff of all sums received by those defendants in excess of the amount or amounts awarded as damages to those defendants by the judgment of the court upon trial held on the exceptions to the assessment of damages by the appraisers. However, the court may waive the requirement of separate surety as to any defendant who is a resident freeholder of the county in which the case is pending and who is owner or real property in Indiana that is liable to execution, not included in the real property appropriated by the plaintiff, and equal in value to the amount by which the damages to be withdrawn exceed the amount offered to the defendants as stated in their request or the amount determined by the court if the plaintiff has disputed the statement of the offer. A surety or written undertaking may not be required for a defendant to withdraw those amounts previously offered by the plaintiff to the defendant if the plaintiff has previously notified the court in writing of the amounts so offered. The liability of any surety does not exceed the amount by which the damages to be withdrawn exceed the amount offered to the defendants with whom the surety joins in the written undertaking. Each written undertaking filed with the circuit court clerk shall be immediately recorded by the clerk in the order book and entered in the judgment docket, and from the date of the recording and entry the written undertaking is a lien upon all the real property in the county owned by the several obligors, and the undertaking is also a lien upon all the real property owned by the several obligors in each county of Indiana in which the plaintiff causes a certified copy of the judgment docket entry to be recorded, from the state of the recording.

    (5)   The withdrawal and receipt from the circuit court clerk by any defendant of that defendant’s proportionate share of the damages awarded by the appraisers, as determined by the court upon the written request and hearing, does not operate and is not considered as a waiver of any exceptions duly filed by that defendant to the assessment of damages by the appraisers.

    (6)   In any trial of exceptions, the court or jury shall compute and allow interest at an annual rate of eight percent (8%) on the amount of a defendant’s damages from the date plaintiff takes possession of the property. Interest may not be allowed on any money paid by the plaintiff to the circuit court clerk:

    (A) after the money is withdrawn by the defendant; or

    (B)   that is equal to the amount of damages previously offered by the plaintiff to any defendant and which amount can be withdrawn by the defendant without filing a written undertaking or surety with the court for the withdrawal of that amount. [IC 32- 24-1-11]

  • Eminent Domain Payment of Damages - Possession of Property

    If the plaintiff pays to the clerk of the circuit court the amount of damages assessed, the plaintiff may take possession of and hold the interest in the property so acquired, for the uses stated in the complaint, subject to the appeal provided for in IC 32-24-1-8. But the amount of the benefits or damages shall be subject to review as provided in IC 32-24-1-11.

    Upon payment by the plaintiff of the amount of the award of the court appointed appraisers, the plaintiff shall file or cause to be filed with the auditor of the county in which the property is located a certificate, certifying the amount paid to the clerk of the court and including the description of the property being acquired. The auditor of the county shall then transfer the property being acquired to the plaintiff on the tax records of the county. [IC 32-24-1-10]

  • When Filing Fee is Required

    If exceptions to the report are filed by a person other than one acting in behalf of the state or any municipality specified in the act, such other exceptor or exceptors will be required to pay the filing fee. It is the exceptor who institutes the action. Although either party aggrieved may file such exceptions, the state or any of its subdivisions are exempt from payment of the filing fee.   [1933 Attorney General Opinion]

  • Direct Deposit of Compensation by Auditor

    An employee of any county may make written request to have any compensation due the employee from the county to be deposited to the employee's account in any bank or trust company specified in the request. [IC 5-10-9-2]

  • Delinquent Tax Judgements

    Delinquent personal property installments shall be listed in a record by the county treasurer and filed with the clerk of the circuit court in accordance with the provisions of IC 6-1.1-23-9. The treasurer shall swear to the accuracy of the record before the clerk of the circuit court. Upon depositing the record in the clerk's office, the amounts of the delinquent taxes, penalties and costs stated therein shall have the same force and effect as judgments. The judgment shall be in favor of the county for the benefit of all taxing units having an interest in it. Beginning the day the record is filed, the delinquent taxpayer shall instead of penalties, pay interest on the amount of the judgment at the same rate imposed on other judgments.

    The treasurer shall file a praecipe for the issuance of an execution with the clerk after notifying the taxpayer at least ten (10) days prior thereto, if the treasurer determines that execution on the judgment will be used to pursue collection. [IC 6-1.1-23-10] [IC 6-1.1-23-9]

    Provision is made in IC 6-1.1-23-11 of said act for the treasurer to file a certificate of judgment with treasurers of other counties where additional property may be located. The receiving treasurer shall cause the judgment to be indexed by the clerk in the judgment docket in the same manner as if entered originally and shall proceed to cause execution to be issued.

  • Setting Aside Tax Judgment - Grounds

    Any judgment entered as provided in IC 6-1.1-23-9 or IC 6-1.1-23-11 shall be set aside only for one (1) of the following reasons:

    1. The person against whom the judgment was entered was not liable for the delinquent taxes, penalties, and collection expenses for which the judgment was entered.
    2. The delinquent taxes, penalties, and collection expenses have been paid either in whole or in part.
    3. The required written demand was not given in the manner prescribed in section 1 of this chapter.
    4. The person against whom the judgment was entered is deceased, as evidenced by a certificate of death.
    5. The corporation against whom the judgment was entered has been formally dissolved or is no longer in business.
    6. The judgment is uncollectible as a result of bankruptcy.
    7. The county treasurer has exhausted all reasonable efforts to collect the delinquent taxes, penalties, and collection expenses for the period specified in IC 6-8.1-8-2(f) without success.

    For purposes of subdivision (2), if only part of the items have been paid, the judgment may be set aside only in the amount of the payment.

    A judgment may be set aside under this section only under a finding entered or record by a court which has jurisdiction. [IC 6-1.1-23-12]

  • Satisfaction of Tax Judgment

    Payment of delinquent tax judgments and interest shall be made to the county treasurer. The county treasurer shall on a daily basis enter a satisfaction of all judgments paid in the record of delinquent tax judgments maintained in the office of the clerk of the circuit court. Such treasurer shall apply the amount so paid to the delinquent taxes, penalties and costs for which the judgment was entered. [IC 6-1.1-23-13]

  • Title IV-D Incentive Payments
    1. These funds must be used to supplement other funds used for Title IV-D program activities.
    2. Incentive Distributions which will carryover to the next year and may continue to be spent without appropriation.
    3. Claims should be filed, advertised and allowed in the same manner as other county claims.
    4. Incentive funds may not, without approval of the county fiscal body, be used to increase or supplement the salary of an elected official. [IC 31-25-4-23]
  • Jury Fees

    Jurors of circuit, superior, county, probate courts, and members of a grand jury are entitled to fees equal to the mileage rate paid to state officers for each mile necessarily traveled to and from the court, except for counties where the county fiscal body has adopted an ordinance to pay parking fees in lieu of mileage. Additionally, each juror receives payment at the rate of fifteen dollars ($15) for each day the juror is in actual attendance in court until the jury is impaneled, and forty dollars ($40) for each day the juror is in actual attendance after impaneling and until the jury is discharged.

    County council may adopt an ordinance to pay from county funds a supplemental fee in addition to the aforementioned fees.   They may also, by ordinance, provide for payment of parking fees incurred by jurors instead of paying mileage.

    A prospective juror who is summoned for jury duty and who reports to the summoning court on the day specified in the summons is in actual attendance on that day for the purposes of this section. [IC 33-37-10-1]

  • Jury Claims

    The clerk shall note juror fees when they are claimed and forward the claims to the county auditor or city or town fiscal officer.

    The clerk is not entitled to a fee for providing an affidavit or other proof of attendance to a juror.

    The county auditor or city or town fiscal officer shall disburse jury fees. [IC 33-37-10-4]