BARTHOLOMEW COUNTY INDIANA LOCAL COURT RULES

Adopted on January 1, 2007; Amended July 1, 2008, January 1, 2009, July 1, 2010, January 1,
2013, January 15, 2014, July 1, 2014, October 10, 2014; February 1, 2016; July 18, 2016;
January 1, 2017; June 1, 2017, July 1, 2018; April 1, 2019; February 1, 2022; July 31, 2023

PREFACE

Pursuant to Rule 81(A) of the Indiana Rules of Trial Procedure, the courts of
Bartholomew County hereby adopt the following local rules. These rules are intended to be
supplemental to the Indiana Rules of Trial Procedure and other statewide rule sets and are not
intended to be inconsistent with, nor duplicative of, any statewide rule.

Pursuant to Rule 81(H) of the Indiana Rules of Trial Procedure, if the interests of justice so
require, these local rules may be waived, suspended, or modified in an individual case by the
Court upon its own motion or the motion of counsel for one of the parties.

Pursuant to Rule 2.2 of the Indiana Rules of Criminal Procedure, the courts of Bartholomew
County hereby adopt the following local rules pertaining to the assignment of criminal cases.

Pursuant to Rule 15 of the Indiana Administrative Rules, the courts of Bartholomew County
hereby adopt the following local rules pertaining to court reporters.

Out of convenience to interested parties, the local rules are numbered in accordance with
the Indiana Rules of Trial Procedure, Indiana Rules of Criminal Procedure, and the Indiana
Administrative Rules. Additionally, the local rules appear in the table of contents underneath
the specific statewide rule to which they relate followed by a page number. If there is a
supplementary local rule that is related to a statewide rule set, but not a specific statewide rule,
the local rule will appear in the table of contents at the beginning of the section containing the
statewide rule set.

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 TABLE OF CONTENTS

INDIANA RULES OF TRIAL PROCEDURE

TITLE I – COMMENCEMENT OF ACTION; SERVICE OF PROCESS

PLEADINGS, MOTIONS AND ORDERS

PAGE
Ind. Trial Rule 3.1 Appearance

LR03-TR3.1-1: Leave to Withdraw Appearance 7

Ind. Trial Rule 5 Service and Filing of Pleadings and Other Papers

LR03-TR5-1: General Provisions Regarding Filing Documents 7

LR03-TR5-2: Special Provisions Regarding Filing Documents 8
LR03-TR5-3: Filing Requirements Needing Immediate Action 9
LR03-TR5-4: Alternative Service – Courthouse Boxes 9
LR03-TR9.2-5: New Civil Collection (CC) Filings 9

TITLE II – PLEADINGS AND MOTIONS

Ind. Trial Rule 10 Form of Pleading

LR03-TR10-1: General Rules for the Format of Pleadings, Motions, & Papers 10
LR03-TR10-2: Special Rules for the Format of Pleadings with Special Judge 11
LR03-TR10-3: Prepared Entries 11

TITLE III – DEPOSITIONS AND DISCOVERY

Ind. Trial Rule 26 Filing Notice of Discovery in CT Cases

LR03-TR26-1: Notice to Court of Serving Discovery 12

LR03-TR26-2: Disclosure of Expert Witness Testimony 12

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Ind. Trial Rule 33 Interrogatories to Parties

LR03-TR33-1: Interrogatory Limitations 12

TITLE IV – TRIALS

Ind. Trial Rule 40 Assignment of Cases for Trial

LR03-TR40-1: Assigning Cases for Trial 12

LR03-TR40-2: Mediation Requirements in Civil Cases 13
LR03-TR40-3: Settlement and Removing the Case from the Docket 13

Ind. Trial Rule 53.5 Continuances

LR03-TR53.5-1: General Requirements for Motions for a Continuance 13

LR03-TR53.5-2: Exceptions to General Requirements for Continuance Motions 14

TITLE V – TRIAL COURTS AND CLERKS

Ind. Trial Rule 72 Trial Court and Clerks

LR03-TR72-1: Court Hours 14

TITLE VI – VENUE, CHANGE OF VENUE, CHANGE OF JUDGE

Ind. Trial Rule 76 Change of Venue

LR03-TR76-1: Assigning a Court for Cases Transferred to this County 15

Ind. Trial Rule 77 Court Records

LR03-TR77-1: Costs for Obtaining Copies of any Document or Order 15

LR03-TR77-2: Removal of Original Pleadings, Papers, and Records 15
LR03-TR78-3: Judicial Officers 15

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Ind. Trial Rule 79 Special Judge Selection

LR03-TR79-1: Selection of Special Judges 15

LR03-TR79-2: Forwarding of Materials to Special Judge 17

Ind. Trial Rule 86 Electronic Filing

LR03-TR86-1: Electronic Filing 17

No Indiana Rule

LR03-TR00-TR-1: Pro Se Litigant Responsibilities 17

LR03-TR00-TR-2: Agreed Judgments, Agreed Orders to Pay, Final Orders 18

TITLE VII- FAMILY LAW RULES

No Indiana Rule

LR03-TR00-FL-1: Witness and Exhibit Exchange 18

LR03-TR00-FL-2: Marital Balance Sheet Filing 18
LR03-TR00-FL-3: Parenting Class Requirements 18
LR03-TR00-FL-4: Continuances 18
LR03-TR00-FL-5: General Principals 18
LR03-TR00-FL-6: Guardianship Filings 22
LR03-TR00-FL-7: Overpayment of Child Support 22

INDIANA RULES OF CRIMINAL PROCEDURE

No Indiana Rule

LR03-CR00-BOND-1: General Provisions for Bonds 22

LR03-CR00-DISCOVERY-1: Reciprocal Pre-Trial Discovery 23
LR03-CR00-PLEA AGREEMENTS-1: Deadlines 25
LR03-CR00-INITIAL HEARING-1: Waivers 25
LR03-CR00-LATE PAYMENTS-1: Additional Fee 26
LR03-CR00-ALCOHOL AND DRUG PROGRAM FEES-1 26

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Ind. Rule of Crim. Proc. 2.1 Appearance

LR03-CR2.1-1: Leave to Withdraw Appearance 27

Ind. Rule of Crim. Proc. 2.2 Assignment of Cases

LR03-CR2.2-2: Problem-Solving Court Specialized Court Fees 29

INDIANA ADMINISTRATIVE RULES

Ind. Admin. Rule 1 Caseload Plan

LR03-AR1-1: Caseload Plan 38

Ind. Admin. Rule 7 Judicial Retention Schedules

LR03-AR7-1: Evidence Handling, Retention and Destruction 31

Ind. Admin. Rule 9

LR03-AR9-1 Use of Mobile Phones and Other Electronic Devices 33

Ind. Admin. Rule 11 Paper Size

LR03-AR11-1: Paper Size and Filings 34

Ind. Admin. Rule 12 Facsimile Transmission

LR03-AR12-1: Fax Filings Not Accepted 34

Ind. Admin. Rule 15 Court Reporters

LR03-AR15-1: Rules Governing Court Reporters and County Employers 34

LR03-AR15-2: Rules Governing Court Reporters and Private Employers 34

Ind. Admin Rule 21 Transfer of Criminal Cases

LR03-AR21-1: Transfer of Criminal Cases

LR03-AR21-2: Judicial Officers

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 INDIANA CODE OF JUDICIAL CONDUCT

Ind. Judicial Conduct. Rule 2.17 Prohibiting Broadcasting of Proceedings

LR03-JC2.17-1: Process for Exception to Prohibition of Broadcasting 41

Forms

Form A 43
Form B 44
Form C 45

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 BARTHOLOMEW COUNTY INDIANA
LOCAL COURT RULES

RULES SUPPLEMENTING INDIANA RULES OF TRIAL PROCEDURE

LR03-TR3.1-1: Leave to Withdraw Appearance.

(A) Motion to Withdraw. In all cases, except criminal involving the appointment of a
public defender, and IV-D Child Support cases involving the appointment of a public
defender, attorneys must file a Motion for Leave to Withdraw Appearance within
forty-five (45) days in all criminal and civil cases. All withdrawals of an appearance
must be made in the form of a motion filed with the Court. Permission to withdraw is
at the discretion of the Court.

(B) Form of Motion. Motions for leave to withdraw appearance must indicate the client’s
address in the Certificate of Service and Proposed Order.

(C) Client Notification. An attorney must give his client 10 days written notice of his
intention to withdraw unless:

(1) Another attorney has filed an appearance for the same party; or

(2) The withdrawing attorney indicates in the motion that he or she has been
terminated by the client.

(D) Rules of Professional Conduct. All withdrawals of appearance shall comply fully
with the provisions of the Rules of Professional Conduct.

(E) Failure to conform to this rule may result in the denial of the motion to withdraw
as counsel. The Court, in its discretion, may decide to grant the motion
notwithstanding an attorney’s failure to comply with this rule.

LR03-TR5-1: General Provisions Regarding Filing Documents.

(A) Filings by Attorneys: All filings of pleadings, motions and other documents by
attorneys must comply with the e-filing procedures, the requirements of Indiana
Rule of Trial Procedure 86 and must be compliant with all requirements of e-filing
procedures pursuant to Indiana Rule of Trial Procedure 87.

(B) Filings by Unrepresented Litigants:

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 (1) All filing of pleading, motions and other documents must comply with the
Indiana Rules of Trial Procedure. If E-Filing is used, all filings must be
compliant with the E-Filing procedures pursuant to Indiana Rules of Trial
Procedure 86 and 87.

(2) Every unrepresented litigant shall sign his own pleading or motion and state
his address and e-mail address (See Trial Rule 11).

(C) Signature Required for Filing: If it is later discovered that a nonconforming

pleading, motion or document has inadvertently been accepted by the Clerk of
Court, or e-filed, upon the discovery, the pleading, motion or document may be
stricken from the record at the Court’s discretion.

LR03-TR5-2: Special Provisions Regarding Filing Documents.

(A) Special Judge. When a special judge is selected, a copy of all pending pleadings,
motions, and other documents must be mailed or delivered to the office of the
special judge with a certificate of forwarding attached and made a part of the
original papers. All proposed orders must be forwarded to the special judge as well.

(B) Filing by Mail. When pleadings, motions, or other documents are sent by mail for
filing with the Court, the filing attorney or party must include a self-addressed,
stamped envelope for the return of documents to the attorney or party. If there are
any deficiencies in the pleading, motion, or documents that precludes filing, the
Clerk is not responsible for such deficiencies. The Clerk and the Court are under no
obligation to inform the filing attorney or party of any deficiencies or to correct any
deficiencies.

(C) Filing by E-File. Pleadings, motions, or other documents that are E-Filed must
follow all requirements of Indiana Rules of Trial Procedure 86 and 87.

(D) Filing by Facsimile Transmission. Pleadings, motions, or other papers may not be
filed by facsimile transmission unless specifically authorized by the Court.

(E) Case Numbers. Except for the initial pleading (Complaint, etc.), no pleadings shall
be accepted by the Clerk or the Court unless it has a Case Number placed
prominently on the face of the pleading.

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LR03-TR 5-3: Filings Requiring Immediate Action. If the motion, pleading, or document is
e-filed, the party shall notify the Court by phone in the event that immediate action is
requested.

LR03-TR5-4: Alternative Service - Courthouse Boxes.

(A) Courthouse Boxes. Any Bartholomew County attorney or any Bartholomew

County law firm may, without charge, maintain an assigned Courthouse box in the
Bartholomew County Courthouse for receipt of notices, pleadings, process, orders,
or other communications from the Bartholomew County Courts, the Clerk, and
other attorneys or law firms which use this service. If a Bartholomew County
attorney or law firm declines to consent to receiving service by Courthouse boxes
from other attorneys or Courts, then they may not use the boxes to serve other
attorneys.

(B) How Assigned. Such Courthouse boxes shall be assigned only after such attorney
or law firm has filed with the Circuit Court a Consent to Alternate Service (Form
A). Bartholomew Circuit Court shall be responsible for assigning boxes and
maintaining a file of consents and of revocations of consents to alternate service.

(C) Effect of Consent. Deposits made in any assigned box of notices, pleadings,
process, orders, or other communications made shall be deemed to constitute and be
accepted as service equivalent to service by first class mail under Trial Rule 6(E).

(D) Limitations on Firm Use. Members of law firms must all agree to Courthouse box
service. If one member of the firm declines to accept service by Courthouse box
method, then no other members of that firm may accept service utilizing the
Courthouse box.

(E) Revocation of Consent. Consent to Alternate Service under this rule shall remain
valid until a written revocation has been filed with the Bartholomew Circuit Court.

LR03-TR9.2-5: New Civil Collection (CC) Filings.

(A) All new Civil Collection (CC) cases filed in any Bartholomew County court must
include the following as either attachments or exhibits to the CC complaint:

(1) A clear and legible copy of the contract or other written instrument on which
the claim is based in a font size that can be easily read;

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 (2) If plaintiff is not the original creditor, all notices of assignment or transfer
indicating plaintiff is the proper successor to the original creditor;

(3) An Affidavit of Debt that complies with and follows the requirements
Indiana Rule of Trial Procedure 9.2. The Affidavit of Debt must separately
include the outstanding principal amount of the account, the amount of any
interest owed, the amount of any late fees owed, the amount of any attorney
fees plaintiff is requesting and the amount of any other charges plaintiff
contends are owed;

(4) Account statements showing purchases and payments within six (6) years of
the date of filing the compliant. The court does not include late or over
limit fees in the definition of purchases; and

(5) An Affidavit establishing and verifying the defendant in not a member of

one of the branches of the United States Military. The Affidavit should
include an attachment from the United States Department of Defense
indicating the defendant in not a member of the United States Military.

(6) Additionally, plaintiff must comply with the requirements of Indiana

Supreme Court Administrative Rule 9 and Indiana Access to Court Records.

LR03-TR10-1: General Rules for the Format of Pleadings, Motions, & Papers.

(A) Paper Size, Line Spacing, and Margins. All pleadings, motions, and other
documents filed with the Court which are to be retained by the Court must:

(1) Use white, opaque paper (except those filed on green paper to conform to
Administrative Rule 9 and Indiana Access to Court Records);

(2) Use 8 1/2 by 11-inch paper;

(3) Be double-spaced in the main body of the text. Quotations may be single-
spaced if they are indented. Headings and footnotes may be single-spaced;

(4) Have one-inch margins on all four sides. Page numbers may be placed in the
margins, but no other text may appear there; and

(5) Include page numbers that are centered in the bottom margin of each page.

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 (B) File Stamp Space. All pleadings that are not e-filed shall allow sufficient blank
space to the right of the case title to allow the clerk to file stamp the pleading
without stamping over the caption or case number. The space shall be a minimum of
three inches in width and two and one-half inches in height. Pleadings that are e-
filed shall allow sufficient empty space at the top right hand corner to allow the e-
filing stamp.

(C) Type Styles. Unless otherwise accepted by a judicial officer based on a pleading,
motion or other paper filed with the Court being filed by an inmate from a jail,
detention, or prison facility, all pleadings, motions, and other papers filed with the
Court must be legibly printed in non-cursive or be typed using:

(1) A plain style font;

(2) 12-point font;

(3) Black-colored font; and

(4) Contain italics or underlines for case names or where otherwise appropriate
according to the Uniform System of Citation. Italics and underlines may also
be used for emphasis.

(D) Binding. All pleadings, motions, and other documents not e-filed with the Court
must:

(1) Be bound so that their pages appear in numerical order; and

(2) Be stapled or otherwise bound, as opposed to using a paperclip, in the upper-

left hand corner.

LR03-TR10-2: Special Rules for the Format of Pleadings with Special Judge. If the case is
before a special judge, all pleadings, motions, and other documents shall contain the following
to the right of the case title: “BEFORE SPECIAL JUDGE _______________.”

LR03-TR10-3: Prepared Entries. Entries (Orders) prepared by parties or their counsel are not
to be placed on the same document as is the underlying Motion or Petition unless said
underlying Motion or Petition is one page in length and the Entry can be placed on that same
page. If the Entry cannot be placed on the one page, then said Entry is to be placed on a
separate sheet of paper and captioned as an Order.

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LR03-TR26-1: Notice to Court of Serving Discovery. In all CT cases, parties are required to
file a “Notice of Discovery Requests” with the Court upon sending another party or entity
Requests for Production, Interrogatories, or Requests for Admissions. The Notice of Discovery
Requests shall state to whom the discovery request was sent and the date it was sent. It shall
also specify the number of Interrogatories, number of Requests for Admission, or number of
Requests for Production. The Notice of Discovery Requests shall be no more than one page in
length.

LR03-TR26-2: Disclosure of Expert Testimony.

(A) Each party shall disclose to other parties the identity of any person who may be
used at trial to present evidence under Rules 702, 703, or 705 of the Indiana Rules
of Evidence.

(B) Except as otherwise stipulated or directed by the Court, this disclosure shall, with
respect to a witness who is retained or specially employed to provide expert
testimony in the case or whose duties as an employee of the party regularly involve
giving expert testimony, be accompanied by a written report prepared and signed by
the witness. The report shall contain a complete statement of all opinions to be
expressed and the basis and reasons therefor; the data or other information
considered by the witness in forming the opinions; any exhibits to be used as a
summary of or support for the opinions; the qualifications of the witness, including
a list of all publications authored by the witness within the preceding ten years; the
compensation to be paid for the study and testimony; and a listing of any other cases
in which the witness has testified as an expert at trial or by deposition within the
preceding four years.

LR03-TR33-1: Interrogatory Limitations. A party may not submit more than forty (40)
Interrogatories, including subparts, without obtaining permission from the Court.

LR03-TR40-1: Assigning Cases for Trial.

(A) A case shall be assigned for trial and placed upon the trial calendar by the Court
upon written request of a party and notice to all other parties. Except in Small
Claims, such request must:

(1) Contain the type of trial or hearing requested (e.g. jury trial, bench trial);

(2) Contain a good-faith estimate of the time needed for the trial or hearing; and

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 (3) State when it is expected that all parties will be prepared for trial.

LR03-TR40-2: Mediation Requirements in Civil Cases.

(A) All Civil cases that will require more than two hours of trial time will be referred to
mediation, unless written waiver is granted by the Court. In the event that the
parties request a trial setting of two hours or less and the hearing has not concluded
within the time allotted, then the Court shall recess the trial and refer the matter to
mediation. In its discretion, the Court may hear the balance of the evidence without
resort to mediation.

(B) Mediation must be conducted pursuant to ADR Rule 2.7. All parties, their attorneys,
representatives with settlement authority, and other individuals which the parties
and the Mediator deem necessary for full resolution of disputed issues shall be
physically present unless excused by the mediator or court.

LR03-TR40-3: Settlement and Removing the Case from the Docket. Counsel for the parties
shall be responsible for notifying the appropriate Court immediately upon settlement of a case
so that the docket can be cleared and a new case set therein.

LR03-TR53.5-1: General Requirements for Motions for a Continuance.

(A) Scheduling Conflicts. See LR03-TR53.5- 2(b).

(B) Time. In order for a motion for a continuance to be considered by the Court, it must
be filed:

(1) At least seven (7) days before the court trial or hearing to which the motion
pertains, or

(2) At least 10 days before the jury trial to which the motion pertains; or

(3) As controlled by a pretrial conference order.

(C) Information in Motion. Motions for a continuance shall contain the following
information:

(1) The date and time of the hearing or trial for which a continuance is being
sought;

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 (2) A good-faith estimate of the time needed for such hearing or trial when
rescheduled;

(3) The date and time opposing counsel was notified that the party would be
seeking a continuance; and

(4) Whether opposing counsel agrees with or objects to the request.

(D) Procedure for Agreed Continuances.

(1) If the parties agree to the continuance, the parties shall initiate a conference
call with the court reporter for the purpose of reaching an agreed date for the
hearing/trial.

(2) If the parties do not agree on the continuance, the motion shall so state and
the matter will be forwarded to the Court for consideration. If granted by the
Court, the party requesting the continuance shall initiate the conference call
described in subsection (1) above.

(3) The foregoing provisions apply regardless of whether the parties are
represented by counsel.

(4) If a party is unavailable or uncooperative with arranging the conference call,

the Court may proceed to set a date, and may bind the parties to that date.

LR03-TR53.5-2: Exceptions to the General Requirements for Continuance Motions.

Conflicting Trials in Other Courts. When counsel for a party requests a continuance because
he or she has a conflicting trial scheduled in another court, the motion for a continuance must
be filed within twenty-one (21) days after the case in this Court is set for trial or hearing. The
motion must also state the name and case number of the other case, as well as the date that the
other court set the conflicting case for trial. Failure to comply with this rule may result in a
denial of the motion for a continuance.

LR03-TR72-1: Court Hours.

(A) Normal Court Hours of Operation. The Bartholomew County Courts are
scheduled to be open to the public to conduct business Monday through Friday,
legal holidays excluded, from 8:00 a.m. until noon and from 1:00 p.m. until 4:30
p.m.

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 (B) Exceptions to Normal Court Hours. When unforeseen circumstances occur or
other matters arise, the judge of the Court may direct court closing for the day, or
part of the day. The Court shall make a reasonable effort to notify litigants
scheduled for court that day.

LR03-TR76-1: Assigning a Court for Cases Transferred to this County. Other than cases
involving the selection of a special judge under LR03-TR79-1, the Clerk shall docket all
transfer cases to one of the three Bartholomew County Court on an equal and rotating basis.

LR03-TR77-1: Costs for Obtaining Copies of any Document or Recording.

(A) Pleadings and Orders. On the application of any person and pursuant to the Open
Record laws, the Clerk of the Court shall make copies of any non-confidential
pleading or order in the Clerk’s custody at the expense of the person so requesting
the same.

(B) Recordings. On the application of any person, the court reporter of a Court shall
make copies of any non-confidential recording in the court reporter’s custody at the
expense of the person so requesting the same. The person requesting a recording
may be required to complete the public request forms in accordance with the public
access laws.

(C) Payment in Advance. All costs shall be paid in advance or at the time of receipt of
the copied pleading or order. All costs shall be paid in advance for copied
recordings.

LR03-TR77-2: Removal of Original Pleadings, Papers, and Records. No person shall

withdraw any original pleading, paper, or record from the custody of the Clerk of the Court or
other officer of the Court except upon the order of the judge of the Court.

LR03-TR78-3 Judicial Officers. For purposes of judicial economy in the Bartholomew

County Courts, the judges of each Court (Circuit Court, Superior Court 1 and Superior Court 2)
may informally consent and authorize any of the other judges, the Bartholomew Superior Court
2 Magistrate, the Circuit Court Juvenile Magistrate, the Circuit Court Commissioner, or the IV-
D Commissioner, to exercise general jurisdiction over any and all cases in each other’s courts
including, the signing of any and all warrants, detention orders and emergency custody orders.

LR03-TR79-1: Selection of Special Judges.

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(A) In the event a special judge needs to be appointed, and the parties cannot agree to a
special judge under Trial Rule 79 (D), or if the selected judge does not accept the
case, then under Indiana Rule of Civil Procedure 79 (H), the clerk shall first assign
the case to one of the other Bartholomew Court Judges on an equal and rotating
basis, and if no Bartholomew County Judge is eligible to serve, then the following
full time judicial officers shall be eligible for appointment by the Clerk of the Court
on an equal and rotating basis:

(1) Judge of the Brown Circuit Court;

(2) Magistrate of the Brown Circuit Court;

(3) Judge of the Decatur Circuit Court;

(4) Judge of the Decatur Superior Court;

(5) Magistrate of the Decatur County Courts;

(6) Judge of the Jackson Circuit Court;

(7) Judge of the Jackson Superior Court #1;

(8) Judge of the Jackson Superior Court #2,

(9) Judge of the Jennings Circuit Court;

(10) Judge of the Jennings Superior Court; and

(11) Magistrate of the Jennings County Courts.

(B) All the Judges named above are within this Court’s Administrative District Number
21. In the event a case is dismissed and refiled, the Judge last having jurisdiction in
the dismissed case shall be the Judge in the new case.

(C) A person selected and appointed to serve under this rule shall accept jurisdiction in
the case unless disqualified pursuant to the Code of Judicial Conduct, ineligible for
service under Trial Rule 79 or is excused from service by the Indiana Supreme Court.

(D) If the judge selected to serve is disqualified or is excused from service, then the Clerk
of Court shall appoint the next judge on the list. If no judge on the list is eligible to

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 serve as special judge or the particular circumstances in the case so warrant, the then
presiding judge in the case shall certify the matter to the Indiana Supreme Court for
the appointment of a special judge pursuant to TR79(H)(3).

LR03-TR79-2: Forwarding of Materials to Special Judge. After a special judge has accepted
jurisdiction, a copy of the Chronological Case Summary shall be mailed, e-mailed, or delivered
to the office of that special judge by the Court, unless the special judge waives such delivery
based upon access to Odyssey.

LR03-TR86-1: Electronic Filing. All filings shall comply with the Indiana Rules of Trial
Procedure and shall adhere to the provisions and requirements of E-Filing.

LR03-TR00-TR-1: Pro Se Litigant Responsibilities

(A) Litigants who represent themselves should present their case in the proper way.
Litigants who represent themselves will be held to the same standards as practicing
attorneys. The court and staff cannot assist litigants in a way that would put the other
side at a disadvantage. The Court cannot talk to litigants about the case without the
other party being present. In some cases, the Court cannot act upon letters from
litigants. Any letter filed with the Court shall include the parties’ names, the name of
the court where the case is filed, the case number associated with the case, and shall
comply with all other Local Rules.

(B) The Court cannot teach litigants the rules of evidence or trial procedure because that
would put the other side at a disadvantage. Litigants must follow the rules of
evidence and trial procedure when a case is presented.

(C) Likewise, it is the litigant’s responsibility to be certain that the other party has notice
about all court hearings and is served with all papers or documents the litigant files
with the court. It is also the litigant’s responsibility to make certain that any witnesses
the litigant wants to testify are notified of the hearing.

(D) It is the Court’s job to consider the testimony and evidence presented during a
hearing, determine the facts of the case from that testimony and evidence, and then
apply the law to those facts. In all cases, Courts may only consider testimony and
evidence that is properly admitted according to the Indiana Rules of Evidence and the
Indiana Rules of Trial Procedure. Further, the Court may only consider testimony and
evidence that is relevant to the issues in the case.

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LR03-TR00-TR-2: Agreed Judgments, Agreed Orders to Pay, Final Orders. All Agreed
Judgments, Agreed Orders to Pay, Final Orders in Garnishment and Limited Final Orders in
Garnishment, must provide, that all payments shall be made to the Bartholomew County Clerk,
not to plaintiff’s counsel or the judgment creditor.

FAMILY LAW RULES

Including Paternity, Guardianship, and Dissolution Cases

LR03-TR00-FL-1: Witness and Exhibit Exchange. In all contested Family Law cases except
for provisional hearings, counsel for the parties are to exchange names and addresses of all
witnesses as well as actual copies of all exhibits at least seven (7) days prior to trial. They are
further ordered to file the list of witnesses and exhibits with the Court at least seven (7) days
prior to trial. Failure to include a witness or exhibit shall preclude the witness from testifying or
the exhibit from being introduced, unless the Court waives such requirement for good case
shown.

LR03-TR00-FL-2: Marital Balance Sheet Filing. In all contested Dissolution of Marriage

cases, counsel for the parties are to file with the Court a marital balance sheet, including date-of-
filing asset values and debt values, as well as a proposed property and debt division. Said
documents are to be filed at least seven (7) days prior to trial. Failure to comply will result in the
Court removing the case from the trial calendar and shall subject the non-complying party to
sanctions. The Court may waive this requirement upon motion of either party, or on its own.

LR03-TR00-FL-3: Parenting Class Requirements.

(A) All parents who are seeking custody or parenting time with their minor children in
Dissolution of Marriage and Paternity actions may be required to attend a parenting
class prior to the final hearing on the case. Said parenting class shall be determined or
approved by the Court.

(B) All attorneys who represent parties with minor children in Dissolution of Marriage or
Paternity actions shall notify their client of this possible requirement within seven (7)
days of entering their appearance in the case.

LR03-TR00-FL-4: Continuances. See LR03-TR53.5-1 & 2.

LR03-TR00-FL-5: General Principals.

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(A) Ex Parte Temporary Restraining Orders. Pursuant to Indiana Code 34-26-5 and
Trial Rule 65(E), if a party files the appropriate affidavit and Motion For a
Temporary Restraining Order, the Court will issue Orders as follows:

(1) Dissipation of Assets - A Joint Order may be granted upon affidavit alleging
an injury would result to the moving party if no immediate order were issued.

(2) Removal of Other Party From Residence - This request will be more likely to
be granted when:

(a) There are specific allegations of past physical violence to the spouse;

(b) The person seeking TRO has moved from the marital residence and
seeks other party restrained from new residence;

(c) Specific allegations that the person sought to be restrained moved

from the marital residence at least 7 days prior to the filing of the
request; or

(d) Other facts are present in which the Court can make a finding that in
the best interests of the parties, they should not be residing together.

(3) Keep other Party from Place of Work - The Court may grant a Joint TRO
keeping the both parties from coming to the other’s place of work or
contacting the other at their place of work upon allegations of fear of
harassment.

(4) Keep Vehicle in Possession - This may be granted upon allegation of fear of
removal and allegation that this was normally your vehicle to drive during
marriage.

(5) Keep Tangible Personal Property in Possession - This may be granted only to
jointly keep parties from removing items from the marital residence.

(6) Temporary Custody of Children -- This may only be granted in extremely

extraordinary circumstances such as specific allegations of specific significant
harm perpetrated by other party or neglect of the children. Such harm must
rise to the level of prima facie abuse or neglect or be criminal in nature.

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 (7) Removing Children from Jurisdiction - The Court may grant a Joint TRO
prohibiting both parties from removing the children from the Court’s
jurisdiction upon allegations of fear of removal.

(B) Emergency Provisional Hearings. If a provisional hearing is set and the other party
moves for a change of venue from the judge, the Court will consider that the matter is
an emergency and the hearing will remain on the docket. The hearing will then be
held in a bifurcated fashion and the party seeking the provisional order must show
that an emergency exists. If there is no showing that an emergency exists, then the
second part of the hearing will not take place. The Court will generally consider the
need for support or maintenance as an emergency.

(C) Court Costs. If court costs are initially waived, they should be addressed at the
Provisional Hearing and/or the Final Hearing.

(D) Required Language in Every Decree Involving Child Support.

(1) Tax Benefits – Orders involving tax benefits of children should contain the
following language:

(a) “(Custodial/Non-custodial) parent shall be entitled to claim

(child(ren)’s name) for State and Federal tax benefit purposes for tax
year (20XX) and each (odd/even) calendar year thereafter.
(Custodial/Non-custodial) parent shall be entitled to claim
(child(ren)’s name) for State and Federal tax benefit purposes for tax
year (20XX) and each (odd/even calendar year thereafter, provided
(he/she) is at least 95% current on her weekly child support obligation
by January 31st of the following year. Child support obligations
include any payments ordered for regular child support plus any
payments ordered for an arrearage. The custodial parent shall execute
and deliver to the non-custodial parent the necessary tax documents to
comply with this order.”

(b) The required language above may be modified to match what was
ordered by the Court if it differs from the required language.

(2) Payment of Child Support through Withholding Orders – Orders involving

the payment of child support should contain the following language:

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 (a) “Child support shall be paid through an Income Withholding Order.
Until an Income Withholding Order is put in place, cash payments for
child support shall be made through the Bartholomew County Child
Support Office; non-cash payments may be made by personal check,
money order or cashier’s check by mailing such non-cash payments to
the Indiana State Central Collection Unit (INSCCU at INSCCU, P.O.
Box 7130, Indianapolis, Indiana 46207-7130. Such non-cash
payments must be accompanied by a Child Support Payment
Remittance Form, which can be found at www.INSCCU.com.”

(b) The required language above may be modified to match what was
ordered by the Court if it differs from the required language.

(E) Separation Agreement Signature. Separation Agreements should not have a line for
the Judge to sign. The proposed Decree of Dissolution should contain language,
which incorporates the Separation Agreement into the Decree.

(F) Higher Education - College Expenses. The Court will generally look at the Child’s
aptitude, and the parents and child’s ability to pay. Generally, the Court will not
delineate higher educational contributions years in advance of attendance. Generally,
Court will order contribution based upon in-state school expenses, regardless of
which institution of higher education child is attending. Examples of exceptions to
limiting contribution to instate costs are 1) where parents both attended a private or
out-of-state school, 2) where siblings attended private or out-of-state school, 3) child
has an extremely high aptitude, 4) where child has been promised private school or
out-of-state school for years, and 5) where private school or out-of-state school offers
classes not offered by in-state school and child intends to major in that area of
concentration. Generally, the Court will order contribution for a maximum of four
years if four years would normally be required for the degree. Generally, Court will
order contribution based upon the net costs after subtracting out grants and
scholarships that do not have to be paid back. The Court will generally start with a
presumption that the child should pay circa twenty (20%) percent of the net costs and
that the parents should contribute pursuant to their percentage of earnings for the
other eighty (80%) percent.

This presumption is general and can be influenced by availability of monies child has
from other sources (grandparents’ trust fund), parent not working because of
subsequent marriage, the child’s inability to work because of extracurricular
activities, parents' overall level of income, precedent of the way parents’ paid for
older siblings higher education, etc.

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 (G) In Camera Interviews. If the Court has an in camera interview with a child, the
parties and attorneys are prohibited from discussing that interview with the child
afterward.

LR03-TR00-FL-6: Guardianship Filings. Separate files with separate case numbers must be
opened for each prospective ward.

LR03-TR00-FL-7: Overpayment of Child Support. When a child support obligor pays a

greater amount of support than what is due, it is the responsibility of the obligor to notify the
court having jurisdiction over the child support order, to request a repayment from the county
clerk or the child support obligee. When child support is overpaid by reason of a tax refund
intercept, account seizure, or other statutory or administrative capture, there is a rebuttable
presumption that the overpayment was inadvertent and that the support obligor is entitled to the
repayment of the overpaid amount.

RULES SUPPLEMENTING INDIANA RULES OF CRIMINAL PROCEDURE

LR03-CR00-BOND-1: General Provisions for Bonds.

(A) Bond Schedule. Unless otherwise ordered by the Court, the following shall be the
cash amounts set for the bail bonds:

Charge Bond Amount

Class C Misdemeanors $2,500.00
Class B Misdemeanors $3,500.00
Class A Misdemeanors $5,000.00
Level 6 Felony $7,500.00
Class D Felony $10,000.00
Level 5 Felony or Class C Felony for HTV $15,000.00
Class C Felony other than HTV $25,000.00
Level 4 Felony $40,000.00
Level 3 Felony or Class B Felony $75,000.00
Level 2 Felony $100,000.00
Level 1 Felony or Class A Felony $150,000.00
Murder NO BOND

(B) All bonds may be posted in full in cash or ten (10%) percent in cash of the full
amount. In the event that an arrest is made without a warrant signed by a judge

22
 endorsing a specific bond, the charts above shall establish the bond for the preliminary
charge. In the event that the individual is arrested on more than one preliminary
charge, the bond shall be set in the amount of bond for the most serious offense.

(C) In the event that the arresting officer believes that the above schedule is not
appropriate for a specific arrest based upon facts known to the officer or surrounding
circumstances, the officer may complete an affidavit in a form substantially
conforming to the form attached hereto (Form B) and provide it to the Sheriff’s
Department and the Sheriff is authorized to hold such arrestee until the sooner of
forty-eight (48) hours (excluding weekends and holidays) or until further order of a
Judge.

LR03-CR00-DISCOVERY-1: Reciprocal Pre-Trial Discovery.

(A) How Made. In all criminal cases, mandatory reciprocal pre-trial discovery must be
furnished by the State within thirty (30) days of the date of the earlier of the omnibus
date or the appearance by an attorney on behalf of the defendant and the defendant’s
pre-trial discovery must be made within thirty (30) days after the State’s production.
However, in cases involving the appointment of a public defender, the thirty (30) day
time frame shall begin upon the State receiving the notice of appointment of the public
defender instead of filing of appearance.

(B) State’s Mandatory Obligations. The State must furnish the following to the
defendant or the attorney for the defendant as though a Request for Production was
filed:

(1) The names and last known addresses of persons whom the State may call as
witnesses, together with their relevant written or recorded statements;

(2) Any written or recorded statements and the substance of any oral statements
made by the accused or by a co-defendant, and a list of any witnesses to the
making or acknowledgment of such statements;

(3) Any reports or statements of experts, made in connection with the particular
case, including the results of physical or mental examinations and of scientific
tests, experiments or comparisons;

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 (4) Any books, papers, documents, photographs or tangible objects which the
prosecuting attorney intends to use in the hearing, or trial, or which were
obtained from or belong to the accused;

(5) Any record of prior criminal convictions which may be used for impeachment
of the persons whom the State intends to call as witnesses at the hearing or
trial;

(6) The terms of any agreements made with co-defendants or other State’s
witnesses to secure their testimony; and

(7) Any material or information within the State’s possession that tends to negate
the guilt of the accused as to the offense charged or would tend to reduce the
defendant’s punishment.

(C) Defendant’s Mandatory Obligations. The defendant must furnish to the State the
following materials as though a Request for Production was filed:

(1) The names and last known addresses of the persons whom the defendant
intends to call as witnesses along with their relevant written or recorded
statements, and any record of prior criminal convictions of such witnesses, if
known;

(2) Any books, papers, documents, photographs, or tangible objects the defendant
intends to use as evidence or for impeachment at hearing or trial; and

(3) Medical, scientific, or expert witness evaluations, statements, reports, or

testimony, which may be used at hearing or trial.

(D) Defendant’s Obligations upon Request of the State. Upon request by the State, the
defendant must, subject to constitutional and statutory limitations:

(1) Appear in a line-up;

(2) Speak for identification by witnesses to an offense;

(3) Be fingerprinted;

(4) Pose for photos not involving reenactment of a scene;

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 (5) Try on an article of clothing;

(6) Permit samples of blood, hair, or other body , which involve no unreasonable
intrusion;

(7) Provide a sample of the defendant’s handwriting; and

(8) Submit to a reasonable physical or medical inspection of the defendant’s body.

Whenever the defendant is required for the foregoing purposes, reasonable
notice shall be given by the State to the defendant and defendant’s counsel,
who shall have a right to be present.

LR03-CR00-PLEA AGREEMENTS-1 – Deadlines.

(A) A “Plea Agreement” is defined as an offer by the State to the defendant that sets
parameters on the sentence that the Court can impose if accepted by the defendant and
approved by the Court.

(B) A “Plea Offer” is defined as an offer by the State to the defendant that dismisses
certain Counts and/or cases, or reduces the charge to a lesser-included offense.

(C) The State shall notify the defendant in writing, no later than fourteen (14) days after
discovery is sent of any plea agreement or plea offer being made to the defendant.

(D) Counsel for the defendant shall notify the defendant of each plea offer extended to the
defendant.

(E) The Court may not accept a plea agreement or plea offer after the plea hearing date, as
the purpose for scheduling a plea hearing date is to schedule a final court date for a
plea agreement or plea offer to be accepted by the Court, and if the case is not
resolved in such a manner at the plea hearing date, all parties are put on notice that the
case will proceed with a trial.

LR03-CR00-INITIAL HEARING-1 Waivers. In all C Felony or higher cases, all Level 5 or

higher cases, and all driving felony cases, the defendant is ordered to be present at the initial
hearing. In all other D-felony, Level 6, and misdemeanor cases the defendant is required to be
present at the initial hearing unless a Waiver is filed, signed by the defendant and his attorney.

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LR03-CR00-LATE PAYMENTS-1 - Additional Fee.

(A) Any defendant found to have:

(1) Committed a crime;

(2) Violated a statute defining an infraction;

(3) Violated an ordinance of a municipal corporation; or

(4) Committed a delinquent act; AND

(B) The defendant is required to pay:

(1) Court costs (including fees);

(2) a fine; or

(3) A civil penalty; AND

(C) The defendant is not determined by the Court imposing the court costs, fine, or civil
penalty to be indigent; AND

(D) The defendant fails to pay to the clerk the costs, fine, or civil penalty in full before the
later of the following:

(1) The end of the business day on which the Court enters the conviction or
judgment; or

(2) The end of the period specified in a payment schedule set for the payment of
court costs, fines, and civil penalties under rules adopted for the operation of
the Court; THEN

(E) The defendant shall pay an additional $25.00 fee pursuant to IC 33-37-5-22 and the
Clerk of the Court shall collect the late payment fee.

LR03- CR00-ALCOHOL AND DRUG PROGRAM FEES-1.

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 (A) The Judges of the Bartholomew County Courts set the following schedule of fees
pursuant to the authority granted by IC 12-23-14-16. The alcohol and drug program
fee in misdemeanor and felony cases will be $400.00.

(B) All Court Alcohol and Drug Program Fees are payable to Clerk of the Court.

LR03-CR2.1-1: Leave to Withdraw Appearance.

(A) Motion to Withdraw. In all cases, except criminal cases involving the appointment of
a public defender, and IV-D Child Support cases involving the appointment of a
public defender, attorneys must file a Motion for Leave to Withdraw Appearance
within forty-five (45 days) in all criminal and civil cases. All withdrawals of an
appearance must be made in the form of a motion filed with the Court. Permission to
withdraw is at the discretion of the Court.

(B) Form of Motion. Motions for leave to withdraw appearance must indicate the client’s
address in the Certificate of Service and Proposed Order.

(C) Client Notification. An attorney must give his client ten (10) days written notice of
his intention to withdraw unless:

(1) Another attorney has filed an appearance for the same party; or

(2) When the withdrawing attorney indicates in the motion that he or she has been
terminated by the client.

(D) Failure to conform to this rule may result in the denial of the motion to withdraw as
counsel. The Court, in its discretion, may decide to grant the motion notwithstanding
an attorney’s failure to comply with this rule.

(E) Rules of Professional Conduct. All withdrawals of appearance shall comply fully
with the provisions of the Rules of Professional Conduct.

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LR03-CR2.2-2: Problem-Solving Court Specialized Court Fees.

(A) Pursuant to the Judicial Conference of Indiana Problem-Solving Court Rules, Section
16, adopted June 16, 2011 and amended with an effective date of April 1, 2018, the
Judges of Bartholomew County Problem-Solving Courts may impose a range of fees
for necessary and appropriate intervention services, including but not limited to the
following:

(1) Screening for treatment eligibility and other appropriate services;

(2) Assessment;

(3) Education;

(4) Referral to services; and Service coordination and case management.

(B) The fees shall be as follows:

(1) $100.00 felon/$50.00 misdemeanant administration fee, due at the time of

entrance into the program (at the signing of the participant agreement); and

(2) A monthly user fee not to exceed $50, commencing in the second month of
participation and for each month thereafter for the duration of participation in
the problem-solving court.

(C) Participants must pay all user fees in full prior to successful discharge from the
program unless otherwise specified in the case plan or by the Court. Fees shall be
collected and utilized in accordance with I.C. §33-23-16-23.

RULES SUPPLEMENTING THE INDIANA ADMINISTRATIVE RULES

Preamble

In all cases, the Court shall proceed pursuant to these Rules unless the Court directs a longer
retention period after motion by any party or on its own motion.

LR03-AR1-1 Rule 1. Caseload Plan.

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(A) General Rules for Assignment of Criminal Cases.

(1) Class D and Level 6 Felony Possession of Controlled Substance Offenses. The
clerk shall docket all class D and Level 6 felony possession of controlled
substance offenses with the Circuit Court, Superior Court 1 and Superior Court
2 in an equal and rotating basis.

(2) Superior Court 2. The following types of cases shall be docketed with Superior
Court 2:

(a) All class D, C, B, and Level 6, 5, 4, and 3 felonies related to driving

offenses;

(b) All classes of misdemeanors; and

(c) All classes of infractions.

(3) Circuit and Superior Court 1. The clerk shall docket the following with the
Circuit Court and Superior Court 1 in an equal and rotating basis:

(a) All Class A-D and Level 1-6 felonies (except Class D and Level 6
felony possession of controlled substance offenses as set forth in (A)
above, and except those specifically denoted to be filed in Superior
Court 2); and

(b) All murder, including capital offenses.

(4) Domestic Violence Cases. All Class D and Level 6 felony Domestic Battery,
Strangulation, Confinement, and Intimidation cases shall be filed in Circuit
Court, Superior Court 1, and Superior Court 2 in an equal and rotating basis.

(5) Defendants with Multiple Actions. Notwithstanding all other provisions of

LR03-CR2.2-1:

(a) When a defendant has a criminal case pending against them in Circuit
or Superior Court 1, during the pendency of that case, all subsequent
criminal actions filed against that defendant shall be assigned to the
court where the initial case was assigned.

29
 (b) When a defendant has a criminal case or cases pending in Superior
Court 2, all subsequent criminal actions for misdemeanors and Level 6
felony cases shall be assigned to Superior Court 2 during the pendency
of that case or cases.

(c) For purposes of this section, a case is no longer pending once

sentencing has taken place. However, if a Petition to Revoke probation
is filed on a defendant, the criminal case is again considered pending
and any subsequent new criminal charge shall follow the above
guidelines until disposition of the Petition to Revoke probation.

(6) Co- Defendants. When two or more defendants are charged with felonies as the
result of the same underlying set of facts, they shall all be charged in the same
court.

(7) Charges Alleging violation of Protective Order. When a defendant is charged

with violation of a Protective Order, those charges shall be filed in the court
where the protective order was issued.

(8) Prosecutor’s Knowledge of Potential Conflict. In the event the prosecutor has
knowledge prior to the filing of a case that a judge should not receive a case
because of a conflict, or for some other reason, the prosecutor may request the
filing of a case in a specific court by making specific allegations in a written
request filed at the time of filing said case. The judge of the Court in which the
prosecutor seeks to file said case may approve this request.

(9) The above rules for the assignment of criminal cases may not be manually
overridden by anyone without written permission from one of the
Bartholomew County Judges.

(10) When the clerk dockets criminal cases according to these rules, they shall
docket each case according to the highest level of offense charged without
taking into consideration the count number when there are multiple counts
filed under a single criminal case. In addition, judges of two different courts
may mutually agree to transfer a criminal case from one of their courts to the
other in order to ensure that the intent of these rules for assignment of
criminal cases is not circumvented by the manner in which offenses are
charged.

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(B) Transfer of Criminal Cases. See LR03-AR21-1.

(C) Civil Case Filings.

(1) Infraction cases (except for juvenile non-driving infractions) shall be filed in
Superior Court 2.

(2) Ordinance Violation cases shall be filed in Superior Court 2.

(3) Juvenile Chins, Delinquents, Status, Termination, Miscellaneous, Juvenile

Infractions (non-driving infractions), and Juvenile Ordinance Violation cases
shall be filed in Circuit Court.

(4) Civil Plenary, Reciprocal, Adoption, Estates, Guardianships Trusts, and

Miscellaneous Civil cases shall be filed between the Bartholomew County
Courts on an equal and rotating basis, except that all MI cases filed by a
governmental entity shall be filed in Circuit Court.

(5) Civil Tort, Paternity, and Domestic Relations cases shall be filed between the
three Bartholomew County Courts on an equal and rotating basis.

(a) This assignment rate applies unless there has been a protective
order case involving the parties in another Bartholomew County
Court. If a protective order has been filed in a Bartholomew
County Court case involving two parties, any future DC, DN or JP
case involving the same two parties shall be filed in the same
Bartholomew County Court.

(b) Under Circuit Court’s assignment only, Paternity and Domestic

Relations cases shall be assigned as follows: Two-Thirds (2/3) of
the cases shall be assigned to the Circuit Court Judge and one-third
(1/3) of the cases to the Circuit Court Commissioner, on a rotating
basis.

(6) Mortgage Foreclosure cases shall be filed in Circuit or Superior 1 on an equal

and rotating basis.

(7) Civil Collection cases filed by a governmental entity shall be filed in Circuit.
All other Civil Collection cases shall be filed on the following rotating

31
 percentage basis: Circuit Court, 15%, Superior Court 1, 35%, Superior Court
2, 50%.

(8) Small Claim cases shall be filed in Superior Court 2.

(9) Mental Health cases shall be filed in Superior Court 1.

(10) Protective Order cases shall be filed between Superior Court 1, Circuit and
Superior Court 2 Courts on an equal and rotating basis.

(a) This assignment rate applies unless there is a DC or JP case involving

the parties in another Bartholomew County Court. If there is a DC or
JP case involving the parties in another Bartholomew County Court,
then the protective order case shall be filed in the court where the
other DC or JP is filed, even if there is nothing pending in the DC or
JP case.

(b) This assignment rate also applies unless there is a DN case where a
dissolution decree has not been entered involving the parties in
another Bartholomew County Court. If there is a DN case where a
dissolution decree has not been entered involving the parties in
another Bartholomew County Court, then the protective order case
shall be filed in the court where the DN case is filed.

(c) If a protective order has been filed in a Bartholomew County Court

case involving two parties, any future protective order case involving
the same two parties shall be filed in the same Bartholomew County
Court.

(d) All protective order cases where the respondent is a juvenile shall be
filed in Circuit Court.

(11) Specialized Driving Privilege MI cases shall be filed in Superior Court 2

unless statutorily required to be filed in Superior Court 1 or Circuit Court.

(12) Eviction cases (EV), whether filed as a small claims or civil matter, shall be
filed in Superior Court 2.

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 (13) The above rules for the assignment of civil cases may not be manually
overridden by anyone without written permission from one of the
Bartholomew County Judges.

(14) In the event of a conflict for Circuit Court, Superior Court 1 or Superior
Court 2, the reassignment of the case shall follow the process outlined in
LR03-CR13-1 (Transfer of Cases).

(D) Notwithstanding the rules established in the Caseload Plan in LR03-AR1-1 Rule 1, if
there are causes that contain a similar set of facts and/or similar parties, the judicial
officers assigned the causes can, by mutually agreement, order the Clerk of Courts to
transfer and/or assign the causes to one judicial officer for purposes of judicial
economy. In general, the causes should be transferred and/or assigned to the judicial
officer who was assigned the first cause that contains the similar set of facts and/or
similar parties, unless agreed otherwise by the judicial officers assigned the causes.

LR03-AR7-1: Evidence Handling, Retention and Destruction.

(A) Civil Cases, Including Adoption, Paternity, and Juvenile Proceedings. All
models, diagrams, documents, or material admitted in evidence or pertaining to the
case placed in the custody of the court reporter as exhibits shall be taken away by the
parties offering them in evidence, except as otherwise ordered by the Court, four (4)
months after the case is decided unless an appeal is taken. If an appeal is taken, all
such exhibits shall be retained by the court reporter for two (2) years from
termination of the appeal, retrial, or subsequent appeal and termination, whichever is
later. The court reporter shall retain the mechanical or electronic records or tapes,
shorthand or stenographic notes as provided in Indiana Administrative Rule 7.

(B) Retention Periods for Evidence Introduced in Criminal Misdemeanor, Class D

and Class C Felonies and Attempts. Misdemeanor, Class D and C Felonies and
Attempts as well as Level 5 and 6. All models, diagrams, documents, or material
admitted in evidence or pertaining to the case placed in the custody of the court
reporter as exhibits shall be taken away by the parties offering them in evidence
except as otherwise ordered by the Court, three (3) years after the case is dismissed,
the defendant is found not guilty, or the defendant is sentenced, unless an appeal is
taken. If an appeal is taken, all such exhibits shall be retained by the court reporter for
three (3) years from termination of the appeal, retrial, or subsequent appeal and
termination, whichever is later, unless an action challenging the conviction or
sentence, or post-conviction action, is pending. The court reporter shall retain the

33
 mechanical or electronic records or tapes, shorthand or stenographic notes as
provided in Indiana Administrative Rule 7.

(C) Retention Periods for Evidence Introduced in Criminal Class B and A Felonies
and Murder Attempts. Class B and A Felonies, Level 1, 2, 3 and 4, and Murder as
well as Attempts. All models, diagrams, documents, or material admitted in evidence
or pertaining to the case placed in the custody of the court reporter as exhibits shall
be taken away by the parties offering them in evidence, except as otherwise ordered
by the Court, twenty (20) years after the case is dismissed, the defendant found not
guilty, or the defendant is sentenced, unless an appeal is taken. If an appeal is taken,
all such exhibits shall be retained by the court reporter for twenty (20) years from
termination of the appeal, retrial, or subsequent appeal and termination, whichever is
later, unless an action challenging the conviction or sentence, or post-conviction
action, is pending. The court reporter shall retain the mechanical or electronic records
or tapes, shorthand or stenographic notes as provided in Indiana Administrative Rule
7. Courts should be encouraged to photograph as much evidence as possible and
courts and parties reminded of the requirements of Appellate Rule 29(B).

(D) Non-documentary and Oversized Exhibits. Non-documentary and oversized

exhibits shall not be sent to the Appellate level Court, but shall remain in the custody
of the trial court or Administrative Agency during the appeal. Such exhibits shall be
briefly identified in the Transcript where they were admitted into evidence.
Photographs of any exhibit may be included in the volume of documentary exhibits.
Under no circumstances should drugs, currency, or other dangerous or valuable items
be included in appellate records.

(E) Notification and Disposition. In all cases, the Court shall provide actual notice, by
mail or through the Bartholomew County Courthouse mailbox system, to all
attorneys of record and to parties if unrepresented by counsel, that the evidence will
be destroyed by a date certain if not retrieved before that date. Counsel and parties
have the duty to keep the Court informed of their current addresses and notice to the
last current address shall be sufficient. Court reporters should maintain a log of
retained evidence and scheduled disposition date and evidence should be held in a
secure area. At the time of removal, the party receiving and removing the evidence
shall give a detailed receipt to the court reporter, and the receipt will be made part of
the court file. In all cases, the Court, or the sheriff on the Court’s order, should
dispose of evidence that is not retaken after notice.

The sheriff should be ordered to destroy evidence if its possession is illegal or if it

has negligible value. The sheriff should auction evidence of some value with

34
 proceeds going to the county general fund. These Rules and their retention periods
will take precedence over inconsistent language in statutes. I.C. 35-33-5-5(c)(2).

(F) Biologically Contaminated Evidence. A party who offers biologically contaminated

evidence must file a pretrial notice with the trial court and serve all the parties so that
the Court can consider the issue and rule appropriately before trial. A party can show
contaminated evidence or pass photographs of it to jurors, but no such evidence,
however contained, shall be handled or passed to jurors or sent to the Jury Room
unless specifically ordered by the Court.

LR03-AR9-1: Use of Mobile Phones and Other Electronic Devices.

(A) There are possible exceptions in this rule contained in LR03-JC2.17-1.

(B) Attorneys, the parties in cases before the Bartholomew County Courts and the public
may bring their mobile phones and other electronic devices into the Bartholomew
County Courthouse. Attorneys, the parties in cases before the Bartholomew County
Courts and the public may also take their mobile phones and other electronic devices
in the various Bartholomew County courtrooms. All mobile phones and other
electronic devices must either be turned off or set to silent mode if taken into any
Bartholomew County courtroom.

(C) Attorneys, the parties before any Bartholomew County Court and the public shall not
use their mobile phone or other electronic device to make, send, answer or respond to
phone calls, text messages and email messages, or take photos or videos, if they are
in a Bartholomew County courtroom while that court is in session. Attorneys, the
parties before any Bartholomew County Court and the public shall not use their
mobile phone or other electronic device to check social media sites, post pictures or
videos, notices, updates or other comments on social media sites, play games, watch
videos, listen to music, “surf” the internet or conduct any type of internet search if
they are in a Bartholomew County courtroom while that court is in session.

(D) Pursuant to Rule 2.17 of the Indiana Code of Judicial Conduct and Indiana Supreme
Court Administrative Rule 9(D)(4), attorneys, parties before any Bartholomew
County Court and the public shall not use their mobile phone, or any other device, to
make any type of video or audio recording of the proceeding before the court, the
parties and the witnesses in that proceeding, the courtroom, the court staff and the
judge, magistrate or commissioner of that court.

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 (E) Attorneys, parties before any Bartholomew County Court and the public may not use
their mobile phone, or any type of camera, to take pictures or video of the proceeding
before the court, the parties and witnesses in the proceeding, the courtroom, the court
staff or the judge, magistrate or commissioner of that court.

(F) Failure to comply with this rule may result in the court taking possession of a mobile
phone until the court is no longer is session or may result in a finding of contempt of
court. Exceptions to this rule may be granted at the court’s discretion.

LR03-AR11-1: Paper Size and Filing Requirements. See LR03-TR10-1. Except as otherwise
provided herein, all filings must comply with the e-filing procedures and the requirements of
Indiana Rules of Trial Procedure 86 and 87, and the Indiana Court Access Rules.

LR03-AR12-1: Fax Filings. The Court does not accept facsimile filing unless specifically
ordered under exceptional circumstances.

LR03-AR15-1: Rules Governing Court Reporters and County Employers.

(A) Salary. A court reporter shall be paid an annual salary for time spent working under
the control, direction, and direct supervision of the Court during all regular work
hours and overtime hours. Each court, subject to the approval of the Bartholomew
County Council, shall set the amount of salary. Such salary shall be based on a
regular workweek of forty (40) hours.

(B) Overtime. Whether to be paid overtime or credited with time off may be negotiated
between the court reporter and the Court and is subject to the decision of the Court.

(C) Transcripts Prepared for Other Courts. A court reporter may, at the request of
another official court reporter, prepare transcripts for another court. Such preparation
may not be done during regular workweek hours while at work.

LR03-AR15-2: Rules Governing Court Reporters and Private Employers.

(A) Definitions. The following definitions shall apply under this local rule;

(1) A court reporter is a person who is specifically designated by a court to

perform the official court reporting services for the court including preparing
a transcript of the record.

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(2) Equipment means all physical items owned by the court or other
governmental entity and used by a court reporter in performing court
reporting services. Equipment shall include, but not be limited to, telephones,
computer hardware, software programs, disks, tapes, and any other device
used for recording, storing and transcribing electronic data.

(3) Work space means that portion of the court's facilities dedicated to each court
reporter including, but not limited to, actual space in the courtroom and any
designated office space.

(4) Page means the page unit of transcript which results when a recording is
transcribed in the form required by Indiana Rule of Appellate Procedure 7.2.

(5) Recording means the electronic, mechanical, stenographic or other recording

made as required by Indian Rule of Trial Procedure 74.

(6) Regular hours worked means those hours which the court is regularly
scheduled to work during any given work week.

(7) Gap hours worked means those hours worked that are in excess of the regular
hours worked but hours not in excess of forty (40) hours per work week.

(8) Overtime hours worked means those hours worked that are in excess of forty
(40) hours per work week.

(9) Work week means a seven (7) consecutive-day week that consistently begins
and ends on the same days throughout the year, i.e., Sunday through Saturday,
Wednesday through Tuesday, and Friday through Thursday.

(10) Court means the particular court for which the court reporter performs
services. Court may also mean all of the courts in Bartholomew County.

(11) County indigent transcript means a transcript that is paid for from County
funds and is for the use on behalf of a litigant who has been declared
indigent by a court.

(12) State indigent transcript means a transcript that is paid for from State funds
and is for the use on behalf of a litigant who has been declared indigent by a
court.

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 (13) Private transcript means a transcript including, but not limited to, a
deposition transcript that is paid for by a private party.

(B) Salaries and Per-Page Fees.

(1) Court reporters shall be paid an annual salary for time spent working under
the control, direction, and direct supervision of their supervising court during
any regular work hours, gap hours, or overtime hours. The supervising court
shall enter into a written agreement with the court reporters which outlines the
manner in which the court reporter is to be compensated and county
reimbursed for use of equipment, if any.

(2) The maximum per-page fee a court reporter may charge for the preparation of
a county indigent transcript shall be $5.50. The court reporter shall submit a
claim directly to the county for the preparation of any county indigent
transcripts.

(3) The maximum per-page fee a court reporter may charge for the preparation of
a State indigent transcript shall be $5.50.

(4) The maximum per-page fee a court reporter may charge for the preparation of
a private transcript shall be $5.50

(5) With the court's approval, a court reporter may charge a maximum per-page
fee of $6.00 for transcripts requested within five (5) working days and a
maximum per-page fee of $7.00 for transcripts requested to be prepared
within a twenty-four (24) hour time period (example: a witness' testimony
during a jury trial to be used in closing arguments).

(6) A minimum fee of $35.00 may be charged for any transcript.

(7) An additional labor charge approximating the hourly rate based upon the
court reporter's annual court compensation may be charged for the time spent
binding the transcript and the exhibit binders.

(8) The maximum per-page fee a court reporter may charge for a copy of the
previously typed transcript shall be $1.00. A copy of a transcript shall include
all forms of a transcript including, but not limited to, paper, electronic, and
digital.

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 (9) A reasonable charge for the office supplies required and utilized for the
binding and electronic transmission of the transcript is permissible. The costs
for these supplies shall be determined pursuant to a Schedule of Transcript
Supplies that shall be established and published annually by the judges of
Bartholomew County.

(10) A deposit of at least 1/2 of the estimated cost of the completed transcript
will be required by the court reporter BEFORE beginning any transcript.

(11) Each court reporter shall report, at least on an annual basis, all transcript
fees received for the preparation of either county-indigent or private
transcripts to the Indiana Supreme Court Office of Court Services. The
reporting shall be made on forms prescribed by that office.

(12) Disk as Official Record. Upon the filing of a written request or praecipe for
transcript, the court reporter shall transcribe any court proceedings
requested and produce an original paper transcript along with an
electronically-formatted transcript. Multiple disks containing the
electronically-formatted transcript shall be prepared and designated as
"Original Transcript," "Court Reporter's Copy," and "Court's Copy." Each
disk shall be labeled to identify the case number, the names of the parties,
the date completed, the court reporter's name, and the disk number if more
than one disk is required for a complete transcript.

The court's copy of the electronic transcript shall become the official record
of the court proceeding in lieu of a paper copy of the transcript and shall be
retained in the court where said proceedings were held. The court reporter's
copy shall be retained by the court reporter. The original paper transcript
along with the disk designated as the original transcript shall be forwarded
to the clerk if the transcript was prepared for purposes of appeal. If the
transcript was not prepared for purposes of appeal, the original paper
transcript shall be delivered to the requesting party.

(C) Private Practice.

(1) If a court reporter elects to engage in private practice through the recording of
a deposition and/or preparing of a deposition transcript and the court reporter
desires to utilize the court's equipment, work space and supplies, and the
Court agrees to the use of the court's equipment for such purpose, the Court

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 and the court reporter shall enter into a written agreement which must, at a
minimum, designate the following:

(a) The reasonable market rate for the use of equipment, work space, and
supplies;

(b) The method by which records are to be kept for the use of equipment,
work space, and supplies; and

(c) The method by which the court reporter is to reimburse the court for
the use of the equipment, work space, and supplies.

(2) If a court reporter elects to engage in private practice through the recording of
a deposition and/or preparing of a deposition transcript, all such private
practice work shall be conducted outside of regular working hours.

LR03-AR21-1 Rule 1. Transfer of Criminal Cases.

(A) In the event of a conflict for Circuit Court, a case shall be reassigned to either Superior
Court 1 or Superior Court 2 on an equal and rotating basis.

(B) In the event of a conflict for Superior Court 1, a case shall be reassigned to either
Circuit Court or Superior Court 2 on an equal and rotating basis.

(C) In the event of a conflict for Superior Court 2, a case shall be reassigned to either
Circuit Court or Superior Court 1 on an equal and rotating basis.

(D) In the event that no courts in Bartholomew County are available to hear a case, then
that case shall be transferred on a rotating basis to a full time judicial officer of one of
the other courts in the district in the following order; Judge of the Brown Circuit
Court, Magistrate of the Brown Circuit Court; Judge of the Jackson Circuit Court,
Judge of the Jackson Superior Court No 1, Judge of the Jackson Superior Court No 2,
Judge of the Jennings Circuit Court, Judge of the Jennings Superior Court, Magistrate
of the Jennings County Courts, Judge of the Decatur Circuit Court, Judge of the
Decatur Superior Court, Magistrate of the Decatur County Courts, Judge of the
Johnson Circuit Court, Judge of the Johnson Superior Court No 1, Judge of the
Johnson Superior Court No 2, Judge of the Johnson Superior Court No 3, Judge of the
Johnson Superior Court No 4, Magistrate of the Johnson Circuit Court, Magistrate of
the Johnson County Courts, Judge of the Shelby Circuit Court, Judge of the Shelby
Superior Court No 1, and Judge of the Shelby Superior Court No 2. A judge shall be

40
 skipped in the rotation when such judge is known to the court to be ineligible or
disqualified. If a judge is so skipped in the rotation, he or she shall be selected for the
next eligible case if the ineligibility has been removed.

(E) In the event that no judge is available for assignment or reassignment, such case shall
be certified to the Indiana Supreme Court for the appointment of a special judge.

LR03-AR21-2: Judicial Officers. For purposes of judicial economy in the Bartholomew County
Courts, the judges of each Court (Circuit Court, Superior Court 1 and Superior Court 2) may
informally consent and authorize any of the other judges, the Bartholomew Superior Court 2
Magistrate, the Circuit Court Juvenile Magistrate, the Circuit Court Commissioner, or the IV-D
Commissioner, to exercise general jurisdiction over any and all cases in each other’s courts,
including, the signing of any and all warrants, detention orders and emergency custody orders.

LR03-JC2.17-1: Process for Exception to Prohibition of Broadcasting. The Code of

Judicial Conduct Rule 2.17 prohibits the broadcasting, televising, recording, digital
streaming, or photographing of court proceedings or the courtroom while court is in session.
Requests to photograph the courtroom when court is not in session may be granted at the
Court’s discretion.

A member of the news media may request permission to broadcast by submitting a written
request at least 7 days in advance of the hearing or proceeding. The request shall be made
using the form found in Form C. The Court has discretion to approve or deny a request. An
affirmative approval is required. The Court has discretion to modify the request period. If
granted, the Court must post notice in the courtroom that news media personnel may be
present for broadcast of court proceedings, and filming, photographing, and recording is
limited to the authorized news media personnel.

News media is defined as persons employed by or representing a newspaper, periodical,

press association, radio station, television station, or wire service and covered by Ind. Code §
34-46-4-1. Representatives of news media organizations may be required to wear
identification. The Court has discretion to determine who may be eligible to be admitted as
news media and under what conditions.

Broadcast is defined as any broadcasting or recording of court proceedings by news media

using still, video or audio equipment.

If approved, all broadcasting shall take place in an area designated by the Court. The Court
has discretion to limit or terminate broadcast by a news media organization at any time
during the proceeding. The Court may direct the manner in which the proceedings are

41
covered by news media. News media are to be unobtrusive and quiet. News media may not
move around the courtroom during proceedings. News media may not conduct interviews in
the courtroom. All cameras shall be on a fixed mounting. Handheld cameras are not
permitted. Once the court session starts, the camera or recording device may not be moved,
tilted or panned. Devices shall use ambient lighting only. Power, internet and other utilities
will not be provided by the Court. No cords or boom microphones are allowed.

Broadcasting, recording, digitally streaming, or photographing proceedings will always be

prohibited in proceedings that are closed to the public, either by state statute or Indiana
Supreme Court rules. This prohibition also applies to minors; juvenile delinquency and
child in need of services matters; protective order proceedings; guardianship proceedings;
civil proceedings in which children are involved; alleged victims of violent offenses, sex
offenses, and domestic abuse; jurors and prospective jurors and the jury selection process;
proceedings or portions of proceedings where the court deems it necessary for the
administration of justice (i.e. to protect a witness, other persons or confidential information);
attorney-client communications; bench conferences; and materials on counsel tables and
judicial bench.

Any violation of this rule may be punishable by contempt of court and/or the impositions of
sanctions. Sanctions may include suspension and/or termination of broadcast privileges.

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 CONSENT TO ALTERNATE SERVICE – COURTHOUSE BOXES (Form A)

The undersigned, as an individual practitioner or for and on behalf of the law firm below,
hereby consents to service of any notice, pleading, process, order or other communication by deposit
of the same in an assigned Courthouse box by the Bartholomew County Courts, the Bartholomew
County Clerk; and other attorneys and law firms which also consent to alternative service.

“Deposit” pursuant to this Consent shall constitute and be accepted as 1st class mail under
Trial Rule 6(E). The Consent shall remain valid until revoked in writing. The Consent or revocation
will be effective fourteen days after filing with the Bartholomew Circuit Court.

This Consent shall also apply to any attorneys who become associates with the undersigned
law firm after the date of this consent. The undersigned agrees to notify the Bartholomew County
Courts and Bartholomew County Bar Association promptly of any changes in the list of attorneys
designated in the Consent.

________________________________________ _________________________
Signature of Representative Date

________________________________________
Printed Name of Representative

________________________________________
Firm Name

Printed Names of Attorneys in Law Firm

_____________________________________ _________________________________

_____________________________________ _________________________________

_____________________________________ _________________________________

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 AFFIDAVIT FOR HOLD FOR PRELIMINARY CHARGE (Form B)

The undersigned law enforcement officer makes this affidavit for the purpose of requesting
that the sheriff hold the named arrestee, and that said arrestee shall not be allowed to post bond
pursuant to the schedule set by the judges of this county and pursuant to the provisions of the
BARTHOLOMEW COUNTY COURTS BOND SCHEDULE that states as follows:

The bond schedule is not appropriate for _________________________________,

(Name)
_______________, _____________________ in that said arrestee:
(Date of Birth) (Social Security Number)

_____ is not a resident of this resident of this community and/or appears to have no
significant ties to the community and appears to the undersigned to present a higher
than normal risk to fail to return; or

_____ is believed to have committed an act which is in violation of a previous court order; or

_____ has made threats of violence to this officer or to another person which if carried out
would warrant a substantially higher charge and bond, and it appears likely to the
undersigned that the arrestee would carry out these threats if permitted to post the
standard bond; or

_____ is suspected of additional or more serious charges which will require further
investigation, and the bond for the offense for which the arrestee is now held is not
likely to be sufficient to assure attendance at proceedings for the suspected offense; or

_____ other grounds not set forth above: _________________________________________.

_____ Victim/officer notification sheet is attached.

I affirm under penalties for perjury that the above is true to the best of my knowledge.

___________________________________ ________________________
Signature Date

____________________________________
Print name

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REQUEST FOR NEWS MEDIA COVERAGE OF A COURT PROCEEDING (Form C)

Date of Request: _____________ Date/time of proceeding: __________________________

Case number of proceeding: 03_______-_______-_______-___________

By signing this form, I certify to the judge that I am a member of the news media as defined
in Indiana code of Judicial Conduct Rule 2.17: “News media is defined as persons employed
by or representing a newspaper, periodical, press association, radio station, television station,
or wire service and covered by Indiana Code § 34-46-4-1.”

As a member of the news media, I request permission to broadcast or record a court

proceeding in the case above, and my request is for (mark all that apply):

_____ Still photography _____ Video recording equipment

_____ Audio recording equipment _____ Coverage by a pool camera
_____ Live broadcast _____ Delayed broadcast

Please specify your equipment and intended use of the requested news media coverage:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

I understand that the presiding judge has discretion to approve or deny this request for
broadcast coverage and may, if granted, limit, interrupt, or terminate broadcast coverage at
any time. I also understand the presiding judge may determine the location and quantity of
broadcast equipment. I have reviewed the Bartholomew County Local Rule LR03-JC2.17-1,
and I agree to abide it. I understand that violation of a court order may result in a finding of
contempt of court and that sanctions may be imposed for a violation.

_____________________________ ______________________________
Signature Printed name

___________________________ ___________________________
Media Outlet making request Network or publisher affiliation

___________________________ ___________________________
Telephone number email address

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___________________________________________________________________________
For Court Use:

_____ Denied:

_____ The requestor is not news media as defined by Judicial Conduct Rule 2.17.

_____ Safety and security concerns.

_____ The proceeding is closed to the public by either state statute, Indiana Supreme
Court Rules, or local rule.

_____ Other.

_____ Granted for:

_____ Still photography _____ Video recording equipment

_____ Audio recording equipment _____ Coverage by a pool camera

_____ Live broadcast _____ Delayed broadcast

With the restrictions outlined in the Bartholomew County Local Rule LR03-JC2.17-1, and
the following additional restrictions:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

To be filed in Cause Number 03_______-_______-_______-___________

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