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Guardianship Indiana Sample

FORMS FOR GUARDIANSHIP OF A MINOR

Forms must be filled out completely. All ORIGINAL forms get mailed to the Court; keep copies for your own record.

1.Explanation of Guardianship with commonly asked questions and answers.

2.Petition for Appointment of Guardian of a Minor- This petition is filed by someone other than the parent of the minor. The filing fee is $150.00 (per child). In order to begin the guardianship process you will need to deliver (by mail or in person) the completed petition and Minor Guardianship Social History (see 3 below) to the Court along with your filing fee. If you mail the paperwork, please give the Court two-three days to receive and process your petition.

3.Minor Guardianship Social History Form- Complete this form, both pages.

4.Notice of Hearing- Call 616-786-4110 to obtain a date and time for your Court hearing. Complete as much of the form as you are able, the rest of the information will be given to you by the Court when you call (date/time/file number).

5.Proof of Service- This form tells the Judge that you sent copies of the Petition to Appoint Guardian and Notice of Hearing to all interested parties. Interested parties include but may not be limited to the following:

a.Parents of the minor.

b.The minor of whom you are seeking guardianship if age 14 or older.

c.If known, any person named power of attorney or attorney in fact for the minor.

d.The nominated guardian or current guardian if already appointed.

e.Any government agency paying benefits in care of the minor or for which an application may be pending.

Complete the proof of service by filling in the names and addresses of each person served under the appropriate heading; by regular mail or in person and include the date the service was made. The Court requires that all interested persons be served the required documents no less than 14 days prior to the scheduled hearing if serving by regular mail and no less than 7 days before the scheduled hearing if serving by hand (in person). Don’t forget to sign and date the bottom of the form.

*******STOP PLEASE READ*******

You must make every effort to obtain addresses for the people you are required to serve, if you do not know an address you must do the following:

Check the phone book

Complete an internet search, if possible

Contact the Friend of the Court office for a last known address they may have on file Contact any known family members of the person in order to obtain a last known address

Please make all necessary copies of your petition and notice of hearing (including one for yourself and one for each interested party) *ALL ORIGINAL DOCUMENTS NEED TO BE MAILED OR PERSONALLY DELIVERED TO THE COURT

6.Acceptance of Appointment- This is signed by the proposed guardian(s); this lets the Court know that the person accepts the guardianship and its responsibilities.

COURT STAFF IS PROHIBITED BY LAW FROM GIVING LEGAL ADVICE, IF YOU HAVE ANY LEGAL QUESTIONS DURING THIS PROCESS PLEASE CONTACT AN ATTORNEY

Ottawa County Probate Court

Hours: Mon-Fri 8:00 AM- 5:00 PM

12120 Fillmore Street

Phone: 616-786-4110

West Olive MI 49460

Website: www.miottawa.org

GUARDIANSHIP OF A MINOR CHILD

Q AND A

Q.Someone has left a minor child (under age 18) with me, has not returned, and I am caring for this child. What should I do to protect myself and this child?

A.If you know where the parents are, you can ask for them to grant you a Power of Attorney (POA). This is a document that will give you the power to provide for the care of the child. A POA will be good for up to 6 months. The POA should be typed or hand written in ink and should be signed and dated by the parents. If the parents to not want to give you a POA or you cannot find the parents then you may want to contact the Ottawa County Probate Court for information about obtaining guardianship (616-786-4110).

Q.Are there different types of guardians? What types?

A.The Court can appoint a temporary, full or limited guardian.

Temporary guardianship is granted due to an emergency pending a hearing to appoint a full guardian. This is done on a case by case basis. You may contact the Probate Court to determine if this is appropriate for your case.

A full guardian is a person who cares for a child in place of the parent. The child must be living with the proposed guardian at the time the petition is filed. This type of guardianship can continue up until the child turns 18, but can also be reviewed, modified or terminated by filing a petition to modify or terminate guardianship by the parents, guardians or other interested parties of the child.

Limited guardianship is a guardianship that is established at the request of the custodial parent and includes a limited guardianship placement plan that outlines the efforts that the parent(s) must make before attempting to dissolve the guardianship. The limited guardianship is a temporary suspension of parental rights. If the parents do not complete the requirements of the placement plan the guardians may ask for a termination of parental rights and adoption of the child. Therefore, the parents should be very committed to completing the steps of the placement plan.

Q.What are some of the issues I should consider before trying to obtain guardianship?

A.While guardianships are meant to be temporary, it is entirely possible that you could be taking care of the child until age18. Look carefully at your options and make sure you are willing and able to care for the child on a full time basis. If you think you may need assistance in caring for the child medically

or financially you should contact your local Department of Human Services to inquire about assistance that may be available to you.

Q.What criteria does the Probate Court utilize in deciding who should be a guardian for a minor?

A.The Court is interested in establishing that the candidate does not have a serious criminal record. The Court will want to satisfy itself that the candidate generally understands the responsibilities to be imposed upon them as guardian and that they are committed to looking out for the minor’s best interests and well being.

Q.How do I get the Probate Court to appoint me the guardian of a child?

A.You must file a Petition to Appoint Guardian of a Minor; packets of forms are available at the Probate Court (12120 Fillmore St., West Olive MI 49460) as well as the LSHC (Legal Self Help Center, 414 Washington, Grand Haven MI 49417) or can be completed and printed from the following websites; www.miottawa.org, http://courts.michigan.gov/scao/courtforms/index.htm There is a fee of $150.00 to file per petition (per child). Contact the Court directly with any procedural (non-legal) questions you may have.

Q.What do I do once the forms are completed?

A.You will file all original paperwork with the Probate Court. Please refer to the cover page of the packet of forms you received from the Court or visit our website www.miottawa.org for a copy of the procedural instructions for filing for guardianship of a minor.

Q.What should I expect at my Court hearing?

A.Probate Court hearings are typically scheduled on Mondays and can be scheduled for anytime between 8 a.m. and 4:00 p.m. You should arrive to the Probate Court on time, dressed neatly, and with any and all documents and/or persons you wish to present to the Court. Check in with the clerk at the Probate Court window to let them know that you are present and ready for your hearing. The clerk will then direct you to the appropriate Courtroom. Unless otherwise directed by the Judge, after your hearing you should quietly exit the Courtroom and wait in the lobby while your paperwork is being processed. Once your copies of the documents are prepared they will be presented to you in the lobby by staff.

OTTAWA COUNTY PROBATE COURT

PHONE: 616-786-4110

12120 FILLMORE STREET

WEBSITE: www.miottawa.org

WEST OLIVE, MI 49460

 

Approved, SCAO

JISCODE: FGM

STATEOFMICHIGAN PROBATECOURT COUNTYOF

PETITION FOR APPOINTMENT OF

GUARDIANOFMINOR

FILE NO.

In the matter of

 

 

XXX-XX-

, a minor

Last four digits of SSN

USE NOTE: If a parent is incarcerated and under the jurisdiction of the Michigan Department of Corrections, the petitioner must comply with MCR 2.004(B).

1. I,

, am interested in the welfare of the minor and make this

 

Name (type or print)

 

 

petition as

 

 

.

Relationship to minor (i.e. grandparent, uncle, friend, limited guardian, etc.)

2. The minor was born

 

 

, is

female,

male, is unmarried, resides in

 

 

 

 

 

 

 

Date

 

 

 

 

 

County

 

 

 

 

at

 

 

 

 

 

 

 

 

 

 

 

,

 

 

Address

 

City/Township

 

State

Zip

 

and is presently located in

 

 

 

 

at

 

 

 

 

 

 

County

 

 

 

Address (if different than above)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

.

 

 

 

 

 

City/Township

State

 

 

Zip

 

 

 

The minor is a citizen of the following foreign country:

3.

The minor is a member of an Indian tribe, or is eligible for membership in an Indian tribe and is a biological child of a

member of an Indian tribe. The name of the tribe is. The minor is not an Indian child as defined in MCR 3.002(5).

It is unknown whether the minor is an Indian child as defined in MCR 3.002(5).

4. The persons interested in this proceeding are:

NAME

ADDRESSANDTELEPHONENUMBER

RELATIONSHIP

 

 

Father/DOB

 

 

 

 

 

 

 

 

 

 

 

 

 

Mother/DOB

 

 

 

 

 

 

 

 

 

 

 

Conservator

 

 

 

 

 

 

 

 

 

Guardian

 

 

 

 

 

 

 

 

 

Person with care/

 

 

custody of minor*

*Also list persons who had principal care and custody of the minor during the 63 days before filing the petition.

 

 

 

 

 

If neither parent is living, the names and addresses of the minor's grandparents and nearest of kin who are adults are:

NAME

ADDRESSANDTELEPHONENUMBER

RELATIONSHIP

 

 

 

 

 

 

None of these persons is under any legal incapacity except

.

Name, incapacity, and representative of the person, if any

(SEE SECOND PAGE)

USE NOTE: If this form is being filed in the circuit court family division, please enter the court name and county in the upper left-hand corner of the form.

Do not write below this line - For court use only

PC 651 (9/11) PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR MCL 700.5204, MCL 700.5213, MCR 5.125(C)(19), MCR 5.404

5. An action within the jurisdiction of the family division of circuit court involving the family or family members of the minor has

been previously filed in

 

Court, Case Number

 

, was

assigned to Judge

 

, and

remains

is no longer pending.

6. The minor is in need of a guardian because

a.

OR b.

OR c.

the parental rights of both parents or of the surviving parent have been terminated or suspended by

death.

a previous court order other than an order appointing a limited

disappearance.

guardian of the minor.

confinement in a place of detention.

judgment of divorce or separate maintenance.

judicial determination of mental incompetency.

 

the parent(s) permit(s) the minor to reside with another person and the parent(s) do/does not provide the other person with legal authority for the care and maintenance of the minor and the minor is not residing with a parent at this time.

the biological parents of the minor were never married to each other and

 

,

the custodial parent

died

has disappeared since

 

 

, and the other parent

has not been granted legal custody by court order. The proposed guardian is related to the minor within the fifth degree by marriage, blood, or adoption.

7. A temporary guardian is necessary because

.

IREQUEST:

 

 

 

 

 

8.

 

 

, whose address and telephone number are

 

 

Name

 

 

 

Address

 

 

 

 

 

, be appointed guardian of the minor.

 

City/Township

State

Zip

Telephone no.

9. The court order the parent(s) to provide

reasonablesupportfor

parenting time with

contact with

the minor.

I declare under the penalties of perjury that this petition has been examined by me and that its contents are true to the best of my information,knowledge,andbelief.

Date

Signature of petitioner

Address

City, state, zip

Telephone no.

Date

Signature of petitioner

Address

City, state, zip

Telephone no.

10. I am 14 years of age or older. I nominate

 

 

 

 

 

as my guardian,

 

 

 

Name

 

 

 

 

 

 

who lives at

 

 

 

 

 

 

 

.

 

 

Address

 

 

 

City

State

Zip

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

 

Signature of minor

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney signature

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney name (type or print)

Bar no.

City, state, zip

 

Telephone no.

Approved, SCAO

JIS CODE: MGS

STATE OF MICHIGAN PROBATE COURT

COUNTY

CIRCUIT COURT - FAMILY DIVISION

MINOR GUARDIANSHIP

SOCIAL HISTORY

FILE NO.

USE NOTE: File this form with the petition for appointment of guardian. This information is confidential and will not be placed in the public court file.

Parent and Minor Child Information:

Name of minor

 

 

 

 

 

 

Minor's birth date

Minor's social security no.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minor's present address

 

 

 

 

 

City

 

 

State

Zip

 

 

 

 

 

 

 

 

 

 

 

 

Mother's name

 

 

 

 

Mother's birth date

Father's name

 

 

Father's birth date

 

 

 

 

 

 

 

 

 

Father's name on minor's birth certificate

Paternity established through court proceedings If yes, specify court and county where paternity was established

 

Yes

No

 

Yes

 

No

Circuit

Probate

 

 

 

 

County

 

 

 

 

 

 

 

 

 

 

Minor's parents married to each other

Minor's parents divorced from each other If yes, specify county of divorce

 

 

Yes

No

 

Yes

 

No

 

 

 

 

 

County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Check any of the following that are true about the child, father, or mother and describe below (include the name of any case worker)

 

 

Child

Father

Mother

 

Victim of domestic violence

 

 

 

 

 

Child

Father

Mother

 

Had contact with the protective services unit of the Department of Human Services

 

Child

Father

Mother

 

Experienced a substance abuse problem

 

 

 

 

 

Child

Father

Mother

 

Experienced a mental health problem

 

 

 

 

 

Name of school child attends (specify if home schooled)

Describe child's school attendance, behavior, and grades

Describe child's relationship and extent of contact with parent(s)

If the child is a member of an Indian tribe, or is eligible for membership in an Indian tribe and is a biological child of a member of an Indian tribe, list the child's tribal affiliation.

Proposed Guardian Information:

Name of proposed guardian (including any prior names)

Birth date

Driver's license no.

 

Social security no.

 

 

 

 

 

 

 

 

 

Present address

 

City

State

Zip

Length of time at this address

 

 

 

 

 

 

 

 

 

Relationship to minor

Home phone no.

Work phone no.

Cell phone no.

Best number to call between 8:00 a.m. and 5:00 p.m.

 

 

 

 

 

 

 

 

 

Guardianship of any other minor

If yes, give name and file numbers of each minor child

 

 

 

 

 

 

 

 

 

 

 

 

Occupation

Employer's name and telephone no.

 

 

Length of time with this employer

 

Check any of the following that are true about the proposed guardian and describe below (include the name of any case worker) Victim of domestic violence

Had contact with the protective services unit of the Department of Human Services

Experienced a substance abuse problem

Experienced a mental health problem

Specify the date, place, and nature of any offense, other than a minor traffic violation, for which you were convicted; check if none None

PC 670 (3/10) MINOR GUARDIANSHIP SOCIAL HISTORY

MCR 5.404(A)

Proposed Guardian Questionnaire: (the proposed guardian must complete all items below) 1. Describe the reasons for the guardianship.

2. Do the parents agree with this guardianship?

Yes

No

If no, explain.

3.Describe the parents' visiting schedule with the child after you are the guardian. If there is no understanding about this, check none.

4.Describe any physical and/or mental limitationsyou havethat wouldaffect your abilitytoraisethis child. If there are none, check none.

5.Describe the type (visits, telephone calls, etc.) and frequency of contact (daily, weekly, etc.) you have had with the minor in the past.

6.Explain how you propose to handle the additional financial burden of this guardianship. List annual income of the household and the sources of that income.

7.Describe the sleeping space you have in your home for this child.

8.Indicate how many other children live in your home.

9.Describe the methods of discipline you would use to control this child.

10.Provide the full name and date of birth of every adult living in the home.

11.List two people the court may contact for references. Provide their names, addresses, and telephone numbers.

12.Specify any other information you believe would be helpful to the court.

Date

Signature

Approved, SCAO

JIS CODE: NOH

STATE OF MICHIGAN PROBATE COURT COUNTY OF

NOTICE OF HEARING

FILE NO.

In the matter of

TAKE NOTICE: A hearing will be held on

 

 

 

at

 

,

 

 

Date

 

 

 

Time

at

before Judge

 

 

 

Location

 

 

 

Bar no.

for the following purpose(s): (state the nature of the hearing)

 

 

 

 

 

If you require special accommodations to use the court because of a disability, or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.

 

 

 

Date

 

 

 

 

 

 

Attorney name

Bar no.

Petitioner name

 

 

 

 

 

 

Address

 

 

Address

 

 

 

 

 

City, state, zip

Telephone no.

City, state, zip

Telephone no.

USE NOTE TO COURT: If this hearing is for a guardianship matter involving an Indian child as defined in MCR 3.002(5), you must comply with MCR 5.109(2).

USE NOTE: If this form is being filed in the circuit court family division, please enter the court name and county in the upper left-hand corner of the form.

Do not write below this line - For court use only

PC 562 (9/11) NOTICE OF HEARING

MCL 700.1401, MCL 710.21 et seq., MCR 3.802(A)(3), MCR 5.102, MCR 5.109(2)

Approved, SCAO

JIS CODE: PSV

STATEOFMICHIGAN PROBATECOURT COUNTYOF

PROOF OF SERVICE

FILE NO.

In the matter of

1. Titles of the papers served or mailed:

2. According to court rule, I served by

first-class mail

registered mail (copy of return receipt attached)

certified mail (copy of return receipt attached)

the papers described above on:

Name

Complete address of service

Date

3. According to court rule, I served by personal service the papers described above on:

Name

Complete address of service

Date and Time

4. After diligent search and inquiry, I have been unable to find and serve the following interested persons. I have served these persons by publication. Attached are copies of form PC 617.

I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Service fee

Miles traveled Fee

$

 

$

Incorrect address fee

Miles traveled Fee

$

 

 

$

 

 

 

TOTAL FEE

$

Date

Signature

Name (type or print)

USE NOTE: If this form is being filed in the circuit court family division, please enter the court name and county in the upper left-hand corner of the form.

Do not write below this line - For court use only

PC 564 (9/10) PROOF OF SERVICE

MCL 700.1306, MCL 700.1401, MCR 5.104(A), MCR 5.105, MCR 5.107

Approved, SCAO

JIS CODE: AOT

STATEOFMICHIGAN PROBATECOURT COUNTYOF

ACCEPTANCE OF APPOINTMENT

FILE NO.

In the matter of

 

 

 

 

 

1.

I have been appointed

 

 

of the person/estate.

 

 

 

 

Type of fiduciary

2.

I accept the appointment, submit to personal jurisdiction of the court, and agree to file reports and to perform all required duties.

 

3. For a period of

 

 

days from the date of my appointment, I exclude from the scope of my responsibility the

not to exceed 91 days

following real estate or ownership interest in a business entity:

Describe real property or business interest

because I reasonably believe the real estate or other property owned by the business entity is or may be contaminated by a hazardous substance, or is or has been used in an activity directly or indirectly involving a hazardous substance that could result in liability to the estate or otherwise impair the value of property held by the estate.

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature

 

 

 

 

 

 

 

 

 

 

Attorney name (type or print)

Bar no.

Name (type or print)

 

 

 

 

 

 

 

 

 

 

Attorney address

 

 

Address

 

 

 

 

 

 

 

 

 

 

City, state, zip

Telephone no.

City, state, zip

 

Telephone no.

 

 

 

 

 

 

 

 

 

 

Date of birth

 

 

 

USE NOTE: If this form is being filed in the circuit court family division, please enter the court name and county in the upper left-hand corner of the form.

Do not write below this line - For court use only

 

MCL 700.3601, MCL 700.3602, MCL 700.5214, MCL 700.5301,

PC 571 (9/10) ACCEPTANCE OF APPOINTMENT

MCL 700.5307, MCL 700.5412, MCL 700.7202, MCR 5.501

File Characteristics

Fact Name Details
Purpose of Form The Guardianship Indiana form is used to petition for the appointment of a guardian for a minor.
Filing Fee A filing fee of $150.00 is required for each child when submitting the petition.
Submission Method All original forms must be mailed or delivered in person to the Court. Copies should be retained for personal records.
Minor Guardianship Social History This form must be completed in full and submitted alongside the petition.
Notice of Hearing To obtain a hearing date, contact the court at 616-786-4110.
Proof of Service Requirements Interested parties must be served documents at least 14 days prior to the hearing if mailed, or 7 days if served in person.
Acceptance of Appointment The proposed guardian must sign this form to indicate acceptance of the guardianship responsibilities.
Legal Advice Court staff cannot provide legal advice. Consultation with an attorney is recommended for legal questions.
Types of Guardianship The court can appoint temporary, full, or limited guardians based on the situation.
Governing Laws This process is governed by MCL 700.5204, MCL 700.5213, and MCR 5.125(C)(19).

Essential Points on This Form

  1. What is the purpose of the Guardianship Indiana form?

    The Guardianship Indiana form is used to petition the court for the appointment of a guardian for a minor child. This process is necessary when the child's parents are unable or unwilling to care for them. The form ensures that the child's best interests are considered and provides a legal framework for the guardian's responsibilities.

  2. Who can file a Petition for Appointment of Guardian of a Minor?

    Anyone who is not the child's parent can file this petition. This could include relatives, family friends, or other individuals who have a vested interest in the child's welfare. The petitioner must be able to demonstrate that they are capable of caring for the child and that it is in the child's best interest to appoint them as guardian.

  3. What is the filing fee for the guardianship petition?

    The filing fee for the Petition for Appointment of Guardian of a Minor is $150.00 for each child involved. This fee must be submitted along with the completed petition and the Minor Guardianship Social History form to the court.

  4. What documents are required to initiate the guardianship process?

    To begin the guardianship process, you will need to submit the following documents:

    • Petition for Appointment of Guardian of a Minor
    • Minor Guardianship Social History Form
    • Notice of Hearing
    • Proof of Service
    • Acceptance of Appointment (signed by the proposed guardian)

    All original documents must be mailed or personally delivered to the court, and you should keep copies for your records.

  5. How do I serve the interested parties with the required documents?

    You must provide copies of the Petition and Notice of Hearing to all interested parties, which may include the child's parents, the child (if they are 14 or older), and any current or nominated guardians. You can serve these documents by regular mail or in person. If you serve by mail, ensure it is done at least 14 days before the hearing; if in person, do so at least 7 days prior.

  6. What should I do if I cannot locate the interested parties?

    If you are unable to find the addresses of the interested parties, you should take the following steps:

    • Check the phone book for contact information.
    • Conduct an internet search.
    • Contact the Friend of the Court for any last known addresses.
    • Reach out to known family members for assistance.

    It is crucial to make every effort to locate these individuals, as you must serve them with the required documents.

  7. What can I expect during the court hearing?

    During the court hearing, you should arrive on time and dress appropriately. Bring all necessary documents and any witnesses you wish to present. After checking in with the court clerk, you will be directed to the appropriate courtroom. Once your hearing is complete, you may need to wait in the lobby while your paperwork is processed. The court staff will provide you with copies of the documents once they are ready.

  8. What are the different types of guardianship available?

    The court can appoint different types of guardianship, including:

    • Temporary Guardianship: Granted in emergencies, pending a hearing for a full guardian.
    • Full Guardianship: A long-term arrangement where the guardian takes over parental responsibilities until the child turns 18.
    • Limited Guardianship: Established at the request of a custodial parent, with specific conditions that must be met before the guardianship can be dissolved.

  9. What factors does the court consider when appointing a guardian?

    The court evaluates several criteria when deciding on a guardian for a minor, including:

    • The candidate's criminal history.
    • The candidate's understanding of the responsibilities of guardianship.
    • The candidate's commitment to the child's well-being and best interests.

    These factors help ensure that the child will be placed in a safe and supportive environment.

Misconceptions

  • Misconception 1: The Guardianship Indiana form can be submitted without completing all sections.

    • This is not true. All forms must be filled out completely before submission. Incomplete forms can delay the process significantly.

  • Misconception 2: I can file the guardianship petition without paying a fee.

    • There is a filing fee of $150.00 for each child. This fee must be paid at the time of filing the petition. Failure to pay may result in the rejection of your application.

  • Misconception 3: I can serve interested parties less than 14 days before the hearing.

    • According to the rules, interested parties must be served at least 14 days before the scheduled hearing if served by regular mail. If serving in person, it must be at least 7 days prior. Not adhering to this timeline can jeopardize your case.

  • Misconception 4: I do not need to provide proof of service to the Court.

    • Proof of service is a critical component of the guardianship process. This document informs the Judge that all interested parties have been notified. It must be completed accurately and submitted with your forms.

  • Misconception 5: Guardianship is a permanent arrangement.

    • While guardianships can last until the child turns 18, they are intended to be temporary. The arrangement can be modified or terminated based on the circumstances surrounding the minor's welfare.

  • Misconception 6: I can get legal advice from Court staff.

    • This is a common misunderstanding. Court staff are prohibited by law from providing legal advice. If you have legal questions, it is essential to consult with an attorney.

  • Misconception 7: I can file the forms online.

    • Currently, all original documents must be mailed or delivered in person to the Court. Online submissions are not accepted, so make sure to prepare your documents accordingly.

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