Indiana Legal Forms at a Glance
Legal forms play an essential role in the legal process. They are the documents that outline the facts of legal proceedings, they are often used for the filing of official requests and they set the formal record of any given interaction between two or more parties. From the most basic agreements to complex legal arguments, it is important that any legal document be correct. In Indiana, there are a number of ways the law handles the use of forms in various matters. For example, the Indiana Supreme Court has put in place various rules, including a limited list of forms that should be used and how the forms should be used. Rule 86 for the Indiana Rules of Court is known as the "Rules for Authorized Judicial Forms." In this rule, the court has determined that under certain conditions defined by statute or rule, standard forms should be used. The rule specifies which forms to use and provides photographs of those forms in most cases. These forms have been designed to comply with all relevant statutory requirements. Under Indiana law, forms that have been promulgated by the Indiana Supreme Court or Indiana statutes "shall be used instead of any other form that is substantially similar." In most cases , parties are required to use these forms for purposes of uniformity in the state. In addition to these rules, there are numerous other types of forms that are available in Indiana. These forms can be found through private services and organizations, and they can be used to simplify a number of legal issues encountered by citizens and businesses alike. In many cases, forms may require only limited information in order to be complete, but they may also guide the party for whom the form is intended. Parties may follow an outline defining how they should approach the matter at hand. There are numerous categories of forms under Indiana law. Some of the most common forms are: As opposed to these specific forms, there are also general legal forms that cover a number of possibilities. These general forms can be used for issues of lease agreements, asset sales, bills of sale, marriage, divorce and more. Indiana legal forms, including the forms promulgated by the Indiana Supreme Court, are available from a number of sources. There are services such as Indiana Forms On Demand (IFOD) and Indiana Legal Forms, as well as legal websites where forms can be found. However, it is important to ensure that forms issued or those which are most relevant to your matter are used for the best outcome.
Legal Forms Resources in Indiana
As has already been mentioned, the State of Indiana does not require that any legal documents be filed in any particular format or style and, as such, most forms are accepted by the Court regardless of whether they are handwritten or typed, single spaced or double spaced, etc. However, formality aside, there are exceptions where the Court requires that forms be completed in a specific way. For example, if you have been served with a filed complaint, accompanying summons, pre-trial order, notice of hearing, notice of trial date and the like, the Indiana Court Rules must be followed in the manner in which answers, responses and objections are made. Failure to do so could result in a waiver of those objections or a default judgment being entered against you.
So, where do you get forms for legal documents? First and foremost it is extremely important to note that you are not required to hire an attorney to do the work for you. If you are a competent individual, the Indiana Supreme Court also has an entire section of its website devoted to forms providing numerous forms for civil, criminal, family, juvenile, and child support cases, just to name a few. Additionally, it provides forms that can be completed online as well as forms that can be printed out and completed by hand.
As for another resource, there are organizations around the state that provide legal services to the public at little or reduced cost (if any) and, as such, there are groups around the state that provide "self-representation" programs for individuals that want to try and do their own legal work. Those programs often times provide individuals with forms, guidance, and information as to how to complete the forms to avoid common pitfalls when representing oneself. Finally, and somewhat obviously, many stationary stores, office supply outlets, and bookstores carry both looseleaf forms and books providing forms related to specific needs. Of course, there are many more options available on the internet, but it is often hard to determine whether a source is legitimate or would work with the Indiana Courts. With that said, this is not intended to be an exhaustive list but hopefully it provides you with some good notable options to start with.
Popular Indiana Legal Forms
As with any state, particularly one where local laws and statutes play a major role in legal proceedings, Indiana provides its residents a variety of legal forms for all manner of business and personal reasons. You will certainly run into some legal form or another at some point in your life or while running your business here in order to adhere to state guidelines and meet certain requirements.
The following is a short list of legal forms most commonly used in Indiana:
Power of Attorney. The Indiana partment of Revenue provides a free Power of Attorney form for individuals wishing to designate someone else to make decisions on their behalf.
Last Will and Testament. Some aspects of a Will itself are covered under the laws of the state, but the document must still be filed with the county. A Last Will and Testament is necessary to ensure that your assets are allocated to the individuals you choose upon your death. In the absence of a Will, a Hoosier’s assets are subject to the state’s intestacy laws.
Quit Claim Deed. If you’re transferring real estate ownership, you’ll need to execute this type of deed. Indiana statute specifies the requirements for transfer of title, including the necessity of having the current owner’s signature and notary public verification on the form. The Indiana Quit Claim Deed form can be downloaded online for free.
Exemption Certificate. This form is required for any exemption from withholding under Indiana income tax law and is not able to be faxed in to the Department of Revenue.
Past Due Child Support Payment Form. If you’re a parent behind on child support payments for a variety of reasons, you may find yourself getting forms from the Department of Revenue to fill out and return. This form may require you to provide documentation about your current source of income, a list of assets and property, and a complete detailed list of monthly expenses.
Irrevocable Trust Form. If you are no longer able to manage your affairs and must transfer some or all of your assets into a watchful trust, this form will enable you to do so. The Indiana form can be found on the Hoosier Department of Revenue’s website.
How to Properly Complete Legal Forms
Careful reading of the instructions and proposed legal forms is the most important step in filling out the form. Do not skip this step! An error in the wrong place on the form can lead to a delay in the decision on your petition.
Make sure to sign and date the legal form. Sign your name where it says "signature" and print your name under the signature as the person filling out the legal form. If the person filling out the legal form is the petitioner, that person must sign and date as well. If the person filling out the legal form is the attorney for the petitioner or respondent, that person must print his or her name and sign as the attorney for the petitioner or respondent. Be sure to put the case number in the top right hand corner of all pages of your legal form. You should type or write in black ink.
When you list the names of people on the future spouse chart you are including with the legal form, make sure to include the first, middle (if any), and last name of each person. When you fill out the legal form, make sure to put a check mark in the box for your gender or the gender of the person you are filing the legal form about and not the opposite gender.
In the Indiana divorce legal form, remember that the "spouse" is the party seeking the divorce. The "opposing party" or "respondent" is the person on the opposite end of the divorce case. Take care to follow terms as they are used in the legal form. In many areas of law, people use the same words with different meanings, so pay attention to what the words mean in the context of the legal forms.
Pay close attention to the requirements and the information you must complete on the legal forms. It does not help an attorney to know that your address is correct if you live elsewhere. If you do not want the court to disclose your address, you should apply for the Address Confidentiality Program.
Provide all of the information requested by the legal forms. Do not leave information spaces blank.
Filling out and filing legal forms is an important part of your case. It is important that you take the time to do it correctly, because mistakes can lead to significant delays of months or longer in your case.
Legal Filing Requirements to Know in Indiana
Indiana has thirty (30) days to file a response to a lawsuit under the Indiana Rules of Trial Procedure. If you are served with a lawsuit, do not wait until the day before your response is due to hire a lawyer. It is smart to hire a lawyer as soon as possible to become familiar with the claims being made against you.
Different lawsuits come with different deadlines, but generally speaking Indiana Court rules give parties to a lawsuit thirty (30) days to answer or otherwise respond to a complaint. You can file an answer, which generally responds to the allegations in the complaint and may include several affirmative defenses. The response could include a motion, such as a motion to dismiss or a motion for default judgment, among others. Some lawsuits will have to be answered in less than thirty (30) days. For example, a preliminary injunction must be answered within seven (7) days of service. A complaint on a promissory note must be answered within twenty (20) days. A mechanics lien complaint must be answered by the fourteenth (14th) day after service if a notice of intention to hold an amended lien is not included with the complaint.
Responses to lawsuits are required to be filed electronically with the Indiana Courts. They can be filed in person at the county clerk’s office or electronically through the Indiana Courts System under Trial Court . You will need to register for an account with the courts in order to e-file. E-filing allows you to file court documents more efficiently. Use the Indiana Courts website for information on how filing documents electronically is quicker and more accurate. A short summary of the advantages of e-filing is: File your pleadings early to avoid a late filing. The Indiana Rule of Court Procedure, Rule 43(A)(3)(c)(1) provides for a presumption of timely filing if a party submits their document for filing to the e-filing service provider by midnight (CT) on the date the document is due. The e-filing service provider must e-file the submitted document by 3:00 a.m. (CT) on the next day that the "Clerk is Open" using the Indiana Supreme Court’s e-filing service provider. An e-filing cannot be filed after 11:59 p.m. on a day when the Clerk’s office is closed.
However, if you can show good cause, you can seek an order from the court exempting the document from e-filing. An application for exemption must be made at least three (3) days before the document is due and not later than seven (7) days after the event giving rise to the application occurs. The Clerk will also notify the parties by email if the exemption is granted and the specific reason for granting the exemption.
Legal Help for Indiana Legal Forms
In some cases, an Indiana legal form is not adequate for the situation a person finds himself or herself in and it may be wise to seek legal assistance. Legal assistance is available for a nominal fee through the local legal aid organization. Legal aid seeks to provide low-cost legal representation to low-income persons on a case-by-case basis. Legal aid offices provide advice and guidance with respect to the preparation of forms and procedures through limited representation with the aim of empowering people to represent themselves.
The Indiana Pro Bono Commission, which was established to promote volunteer legal services, maintains an online database of pro bono programs throughout the state. The website serves as a clearinghouse for pro bono opportunities and lawyers are encouraged to participate by providing their professional services for the benefit of others. Some of the larger law firms employ full-time pro bono employees who handle nothing but pro bono cases. Most other pro bono lawyers work either part-time or on a volunteer basis. Legal aid programs also encourage and train law students to do pro bono work.
Law students at various law schools around the nation are involved in educational programs and experiential opportunities aimed at enhancing their client representation skills. One of the hallmarks of an experiential education is the law school clinic or externship program. Typically, a law school clinic consists of a faculty member, several law students and a staff attorney who carry out the functions of a law office, preparing legal documents and representing clients before administrative bodies or in cases before judges. Externships involve students working with lawyers in various settings, setting aside time, at least one day per week, to obtain the practical experience of working in the legal community.
Hot FAQs on Indiana Legal Forms
Can I use generic online legal forms in Indiana?
While there are general forms that can be used anywhere in the U.S., it is not always recommended to use them since the forms may not conform to Indiana law. Our forms are state specific for Indiana and you should definitely consider using our forms if your situation fits them.
Can I make changes to the legal forms I bought?
In Indiana , as a matter of law you can even make the changes in ink assuming you use a pen or black or blue ink. It is best to have them all typed in and then copy them so that they are in black ink.
How do I file form or an amendment after I print it?
Our forms are all created to conform to the Indiana Rules of Court and have filing instructions where needed. You will need to take it to the court where you are filing and/or the clerk of court for your county.
How long does it take to get my completed legal forms?
You get instant access to the forms that you bought in this website after payment has gone through. They are delivered by email to your inbox.