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Preface
Origin - Definition - Nature of Office - Vacancies
Organization of Office, Salary and Expenses, and Fees
- Office Created
- Term of Office
- Qualifications
- Oath
- Endorsement
- Sureties
- Bond
- Amount of Bond and Approval
- Where Filed
- Cost of Bond
- Office Hours and Place
- Appointment of Deputies
- Qualification of Deputy
- First or Chief Deputy
- Bond of Deputies
- Salaries
- Budget Estimates
- Mileage
- Purchases
- Postage - Claim for Purchases
- Record of Hours Worked
- Fees - Costs - Per Diems to be Paid to County General Fund
- Official Court Seal
- Lucrative Office
- Conflict of Interest
- County Board of Elections
- Instruction for County Election Boards
- Compensation for Attendance at Meeting
- Registration of Voters
- Deputy Clerk not Entitled to Additional Compensation
Organization of Office, Salary and Expenses, and Fees - Continued
Duties in General
Official Records and Forms
- Overview
- Form Approval Conditions
- Criminal and Juvenile Entry Docket
- Other Dockets and Records
- Fee Book (Form No. 41)
- Estate Entry Docket - Fee Book - Claim and Allowance Docket, Guardian Docket and Fee Book (Form No. 42)
- Judgment Docket (Form No. 74)
- Court Order Book - Chonological Case Summary and Record of Judgments and Orders
- Clerk's Official Receipt, Clerk's Official Cash Book of Receipts and Disbursements, Daily Balance and Monthly Report
- Monthly Report (Form No. 46CR)
- Report of Collections (Form No. 362)
- Record of Instruments Copied or Proofed (Form No. 138)
- Register of Fees and Funds Held in Trust (Form No. 44)
- Change of Venue Record (Form No. 40)
- Change of Venue Claim of Expense
- Clerk's Record Perpetuation Fund
Use of Records
Filing Complaints Procedural Instructions - Disposition of Papers
Civil Entry Docket: Filing Complaint - Endorsement
- Overview
- Numbering
- Entering
- Issuing Process
- Attorney General to be Served When Actions are Brought Against the State
- Indexing
- Filing Papers
- Bench or Issue Docket
- Filing Docket Sheet
- Appearance by Attorney
- Return of Summons
- Filing Summons
- Entering a Change of Venue Case
- Minutes in Entry Docket
- Order Book - Entries to be Made
- Form of Entry
- Who to Furnish
- Prepare for Final Filing
- Docket Sheet Removed
- Permanent Files
- Entering Judgment
- Minutes Recorded in Entry Docket
- Taxing Costs
- Assemble Papers for Final Filing
- General Indexing Final Files
- Filing Docket Sheet
- Issuing Executions
- Directive Duties
- Value of Entry Docket
The Criminal Entry Docket: Use of Records - General Instructions
Juvenile Records: Use of Records - General Instructions
Probate - Opening Estates - Use of Records - General Instructions
- The Probate Code
- Opening of Estate
- Petition for Probate of Will and Appointment of Personal Representative
- When Letters to be Issued
- Persons Entitled to Domiciliary Letters
- Persons Not Qualified to Serve
- Appointment of Successor Personal Representative
- Special Administrators
- Personal Representative Bond
- Approval of Bonds
- Failure to File Bond - Letters Revoked
- Will to Be Proved
- Proof Before Evidence of Handwriting Admitted
- Proof Required for Probate and Grant of Letters
- Certificate of Probate
- Foreign Wills
- Entering in Records
- Fee
- Election to Take Against Will
- Revocation of Probate of Will - Clerk's Duty
- Will Contest - Bond Approved by Clerk
- When to Enter Proceedings
- Probate Records
- Estate Entry - Claim and Allowance Docket - Fee Book (Form No. 42)
- Entering in Docket
- Endorsement of Probate
- Administration of Oaths
- Issue Letters
- Notice of Administration [IC 29-1-7-7]
- Service of Notice
Adoptions - Use of Records - General Instructions
Guardianship - Use of Records - General Instructions
- Overview
- When Letters of Guardianship are Issued [IC 29-3-7-3]
- Temporary Guardian
- Considerations for Appointment of Guardian
- Property of Incapacitated Person not in Excess of $10,000
- Transfer of Guardianship
- Costs Upon Transfer
- Inventory of Guardianship Property
- Claim Against Guardianship
- Petition to Compromise or Settle Claim
- Foreign Guardians - Property Located in Indiana - Powers
- Notice of Petition and Hearing
- Where to Enter
- Taxing Costs
- Entries in Guardian Docket
- Filing and Entering as a Civil Matter
- Transferring to Guardian Docket
- Transferring Costs from Civil to Guardian Docket
- Costs - Proceedings for Adjudication of Competency
Support
- Support Defined
- Different from Other Trust Items
- Clerk to Comply with Court Order
- Accepting Personal Checks
- Delivering Checks
- Liability for Support of Parents
- Children Born Out of Wedlock - Voluntary Petition to Establish Paternity - Provision for Support
- Maintenance and Support Orders - Clerk's Fee
- Transfer of Proceedings of Support Order
- Application of Act
Change of Venue Procedures - Change of Venue Record (Form No. 40)
Change of Venue Claim For Expense
- Prepare Claim
- Contents
- File with Auditor
- Clerk's Per Diem
- Per Diem of Special Judge - Not Included as Expense
- Report of Payment
- Chargeable Items of Expense
- Trial Defined
- One Per Diem Per Day
- Change of Venue Cases not to be Docketed Unless Fee Accompanies Transcript
- Change of Venue - Certifying Unpaid Costs
- Change of Venue - Collections and Payment of Costs
- Change of Venue - Contents of Receipt
- Change of Venue - Disposition of Costs
- Change of Venue - Fee Required Upon Change of Venue
- Change of Venue - Notation on Dockets
- Change of Venue - Payment of Costs - By Whom Accepted
- Change of Venue - Posting by Receiving Clerk
- Change of Venue - Fee to Accompany Transcript
- Change of Venue - Receipt to Accompany Transcript
- Change of Venue - Clerk to Prepare Transcript
- Change of Venue in Causes Reversed by the Supreme and Appellate Courts and Remanded to the Lower Court for a New Trial
- Transcript on Change of Venue - Money to Accompany
Receiving Money - Entering in Docket of Original Entry - Taxing Costs - Schedule of Fees to be Taxed by Clerks
- Overview
- Determine Purpose
- Entering Receipts in Docket
- Trust Items
- Distribution of Estate Money
- Transfer Amounts to Individuals in Register of Trust
- Entering Money in Payment of Judgments
- Disbursing
- Releases
- Transcripts to Bind Real Estate
- Department of Revenue and Department of Workforce Development Warrants
- Writing Official Receipt
- Value and Use of Receipt
- Disbursement Entries
- Posting Tables of Fees
- Taxing Costs
- Statutory Court Cost Fees to be Charged Circuit, Superior, Probate and Municipal Courts
- Document Fees
- Licenses
- Miscellaneous Fees
- County User Fees
- State User Fees
- Supplemental Public Defender Services Fund
- Bail (10% Cash Bonds) - Administrative Fee
- Costs and Fees
- Appeal from City Court and Town Court
- Appeal by Prisoner
- Bail and Bail Procedures
- Pretrial Services Fee
- Bail Agents - Forfeited Bonds - Duty of Clerk
General Court Cost Provisions - Criminal Actions
- Criminal Actions - Costs
- Hearing to Determine Indigency
- Default in Payment of Costs
- State to Pay Costs of Trial of Offenses Committed by Prison Inmates
- Fines or Penalty in Addition to Costs
- Costs - Other - When Required
- Fee Bills - Collection of Costs
- Fee Bills - Issuance and Collection
- Fee - When Payable
- Filing Fee Not Required for Petition for Reinstatement
- Fines and Forfeitures - Remission of
General Court Cost Provisions - Civil Actions
Miscellaneous General Court Cost Provisions
- Prepayment When Not Required
- Court Cost Fees - Infractions
- Change of Venue Court Cost Fee
- Publication Requirements
- Juvenile Court - Pregnant Minors
- Nonresident Motorist - Service of Process Upon Secretary of State - Fee
- Paternity
- Statement with Remittance - Change of Venue
- Trusts - Public and Benevolent
- Vehicle License - Additional Excise Tax Judgments
- Overweight Vehicles - Fines and Penalties - Impoundment and Sale
- Highway Worksite Zone Judgments
- Witness Fees
- Jury Fees
- Clerk to Forward Claims
- Punitive Damage Awards
Accounting - Posting Records - Settlement with the County - Closing the Books - Reconciling Depository Balances
- Reconciling Cash with Receipts at the Close of the Day
- Posting the Cash Book of Receipts and Disbursements (Form No. 27A)
- Disbursements
- Add Columns - Prove Totals
- Posting Items of Trust
- Clerk's Cash Book and Daily Balance Record (Form No. 46)
- Cash Book Summary Section
- Daily Cash Reconcilement Section
- Depositing Receipts
- Report to the Auditor and Payment of Fees to the Treasurer
- Closing Books at the End of Each Month
- Court Costs Due State - Semiannual Settlement
- Reconciling the Register of Fees and Funds Held in Trust
- Reconciling the Depository Balance with the Record Balance
- Prepare Monthly Financial Report
- Contents of Report
- Form of Reports
- Preparation of Report
- Filing Report
- Unclaimed or Returned Outstanding Checks
Clerk of Circuit Court
Depositories - Investments
- Designation of Depositories
- Cash Change Fund
- Petty Cash Fund
- Authority for Investments
- General Law
- Interest on Investments
- Service Charges
- Manner of Investing Funds
- Posting Investments to Clerk's Records
- Monthly Report - Form No. 46-CR
- Renewal of Certificates of Deposit
- Investment Cash Management System
Special Programs - Alcohol and Drug Rehabiliation Program
Adult Probation Program
Juvenile Probation Program
Pretrial Diversion Program
Deferral Program
Oaths and Affirmations - To Be Administered Orally
Clerk's Guide
- Recording by Miniature Photographic or Microfilm Process
- Remanded Cases
- Certified Mail
- Open Door and Public Access
- Filing Complaint - Summons
- Lis Pendens Records
- Lis Pendens Record - Written Notice to be Filed by Sheriff or Coroner
- Lis Pendens Record of Dismissals and Satisfaction, Lien or Attachments to be Indexed
- Satisfaction of Lien
- Lis Pendens Record - Dismissal or Satisfaction of Attachment - Certificate
- Dismissal or Satisfaction of Attachment - Certificate - Fee
- Change of Venue - Clerk Striking
- Partition of Real Estate - Transcript
- Transcripts of Records
- Execution and Fee Bill
- Execution not Issued After Ten Years
- Execution May Issue on Sunday
- Execution Docket
- Stay of Execution - Bail
- Clerk to Notify Sheriff
- Expiration of Stay - Joint Execution Shall Issue
- Contempt Proceedings - (Child Support) - Bail or Escrow
- Order of Attachment Issued by Clerk - Approval of Bond
- Ejectments - Affidavits for Possession - Clerk's Order to Seize
- Quiet TItle Proceedings - Notice by Clerk
- Recording Decree in the Recorder's Office
- Receiverships - Record of Statements
- Replevin Action
- Order for Delivery
- Births - Proceedings to Establish Time and Place
Clerk's Guide - Continued
- Births - Notice to be Given
- Birth Certificates Record to be Kept by Clerk
- Dismissal for Failure to Prosecute
- Grand Juries
- Oath of Attorneys - Attorney List
- Certificate of Authority or Acknowledgement - Fee
- Tender of Money Refused
- Failure to Pay Over Fees Collected
- Witnesses for Grand Jury
- Indictment - Duty of Clerk
- Recognizance Filed With and Recorded by Clerk
- Recognizance - Recording a Lien - Real Estate in Other Counties - Release of Liens - Fees of Clerk - Judgement Upon Forfeiture
- Fines or Costs - Default
- Official Bonds Approved by Clerk
- New Bond - Notice by Clerk
- Administration of Oath
- Compensation - Division of Penalty
- Session Laws - Receipt by Clerk - Distribution
- Unclaimed Property - Report to Attorney General
- Delivery of Unclaimed Property to Attorney General
- Successor to Receive Books, Records and Papers
- Department of Workforce Development (DWD) Warrants
- Gross Income Tax Warrants - Clerk to Enter
- Distress Sales (Going out of Business Sales) - License
- Distress Sales - License Fee
- County Commission on Public Records - Created
- County Commission on Public Records - Duties
- Railroad Police
- Handwritten Records
- Attorney Lien
Clerk's Guide - Continued
- Official's Bonds
- City and Municipal Court Judges
- Acting Township Trustee
- Revocation and Suspension of License - Reporting
- Notice of Conviction - Motor Vehicle Owners
- Report of Judgement
- Change of Venue - Appeal
- Judicial Review
- Reorganizations of Schools - Elections - Petitions
- Eminent Domain
- Eminent Domain - Execute Deed
- Eminent Domain - Payment of Damages to One or More Defendants
- Eminent Domain Payment of Damages - Possession of Property
- When Filing Fee is Required
- Direct Deposit of Compensation by Auditor
- Delinquent Tax Judgements
- Setting Aside Tax Judgment - Grounds
- Satisfaction of Tax Judgment
- Title IV-D Incentive Payments
- Jury Fees
- Jury Claims