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Filing a Miscellaneous Proceeding

Official Procedure Last Change May 1, 2019

Filing a Miscellaneous Proceeding

How to file:

Consult with the Clerk's Office before attempting to file a miscellaneous proceeding. If a miscellaneous proceeding is needed, it cannot be filed electronically. The document will need to be mailed or hand delivered to the Clerk's office. The miscellaneous case will then be opened by the Clerk's office.

General Information

A miscellaneous case is opened whenever a proceeding needs to be filed within this court, but either does not relate to any bankruptcy case or adversary proceeding filed in the Southern District of Indiana, or relates to multiple cases.

Examples:

  • Registration of foreign (i.e., from outside the Southern District of Indiana) judgment.
  • Rule 2004 subpoena from another district - see more information.
  • Requests to remove documents pursuant to Rule 9037 in multiple cases - see separate procedure.
  • Substitution of counsel in multiple cases.
  • Notice of Removal of state court action related to a bankruptcy case pending outside of the Southern District of Indiana.

Step-by-Step Instructions

1. The filing attorney, who must be a registered ECF user, contacts the Clerk's office about file preparation details.

2. The filing attorney delivers Miscellaneous Case paperwork with wet signature and filing fee to the Clerk's office. (Filing fee is not required if the miscellaneous case is being opened as part of the attorney surrogacy process.)

3. The Clerk's office will open a miscellaneous case. Once this is done, a Notice of Electronic Filing is automatically sent to the filing party, which contains the case number. (Miscellaneous cases always begin with 56 after the hyphen, e.g. 15-56001)

4. The filing attorney electronically files an appearance and any other documents needed in the miscellaneous case. (Appearance is not required if the miscellaneous case is being opened as part of the attorney surrogacy process.)

5. The Clerk's office will docket the Filing any document not in a case filing fee, if due. View current fees

6. Once the fee (if required) has been docketed by the Clerk's office, it may be paid online via pay.gov. Once this is done and any needed order has been entered, the Clerk's office completes the processing of the miscellaneous case.