IN · rules

Ind. County Local Rule: bartholomew-local-rules

bartholomew-local-rules

activein force · 2008-07-01 – presentcompiled-edition

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;

July 1, 2025

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.

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 6

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

LR03-TR5-1: General Provisions Regarding Filing Documents 6

LR03-TR5-2: Special Provisions Regarding Filing Documents 6

LR03-TR5-3: Filing Requirements Needing Immediate Action 7

LR03-TR5-4: Alternative Service – Courthouse Boxes 7

Ind. Trial Rule 7 Motions to Continue

LR03-TR7-1: Procedure Following Agreed Continuances 8

Ind. Trial Rule 9 Pleading and Proof of Written Instruments

LR03-TR9.2-1: New Civil Collection (CC) Filings 8

TITLE II – PLEADINGS AND MOTIONS

Ind. Trial Rule 10 Form of Pleading

LR03-TR10-1: General Rules for the Format of Pleadings, Motions, & Papers 9

LR03-TR10-2: Special Rules for the Format of Pleadings with Special Judge 9

LR03-TR10-3: Prepared Entries 9

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 9

LR03-TR26-2: Disclosure of Expert Witness Testimony 9

Ind. Trial Rule 33 Interrogatories to Parties

LR03-TR33-1: Interrogatory Limitations 9

TITLE IV – TRIALS

Ind. Trial Rule 40 Assignment of Cases for Trial

LR03-TR40-1: Assigning Cases for Trial 10

LR03-TR40-2: Mediation Requirements in Civil Cases 10

LR03-TR40-3: Settlement and Removing the Case from the Docket 10

TITLE V – TRIAL COURTS AND CLERKS

Ind. Trial Rule 72 Trial Court and Clerks

LR03-TR72-1: Court Hours 10

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 11

Ind. Trial Rule 77 Court Records

LR03-TR77-1: Costs for Obtaining Copies of any Document or Order 11

LR03-TR77-2: Removal of Original Pleadings, Papers, and Records 11

Ind. Trial Rule 79 Special Judge Selection

LR03-TR79-1: Selection of Special Judges 11

LR03-TR79-2: Forwarding of Materials to Special Judge 12

Ind. Trial Rule 86 Electronic Filing

LR03-TR86-1: Electronic Filing 12

No Indiana Rule

LR03-TR00-TR-1: Pro Se Litigant Responsibilities 12

LR03-TR00-TR-2: Agreed Judgments, Agreed Orders to Pay, Final Orders 13

TITLE VII- FAMILY LAW RULES

No Indiana Rule

LR03-TR00-FL-1: Witness and Exhibit Exchange 14

LR03-TR00-FL-2: Marital Balance Sheet Filing 14

LR03-TR00-FL-3: Parenting Class Requirements 14

LR03-TR00-FL-5: General Principals 14

LR03-TR00-FL-6: Guardianship Filings 17

LR03-TR00-FL-7: Overpayment of Child Support 17

INDIANA RULES OF CRIMINAL PROCEDURE

No Indiana Rule

LR03-CR00-BOND-1: General Provisions for Bonds 18

LR03-CR00-PLEA AGREEMENTS-1: Deadlines 18

LR03-CR00-LATE PAYMENTS-1: Additional Fee 19

LR03-CR00-ALCOHOL AND DRUG PROGRAM FEES-1 20

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

LR03-CR2.2-2: Problem-Solving Court Specialized Court Fees 20

INDIANA ADMINISTRATIVE RULES

Ind. Admin. Rule 1 Caseload Plan

LR03-AR1-1: Caseload Plan 21

LR03-AR1-2: Judicial Officers 25

Ind. Admin. Rule 7 Judicial Retention Schedules

LR03-AR7-1: Evidence Handling, Retention and Destruction 25

Ind. Admin. Rule 9

LR03-AR9-1 Use of Mobile Phones and Other Electronic Devices 26

Ind. Admin. Rule 12 Facsimile Transmission

LR03-AR12-1: Fax Filings Not Accepted 27

Ind. Admin. Rule 15 Court Reporters

LR03-AR15-1: Rules Governing Court Reporters and County Employers 27

LR03-AR15-2: Rules Governing Court Reporters and Private Employers 28

Ind. Admin Rule 21 Transfer of Criminal Cases

LR03-AR21-1: Transfer of Criminal Cases 31

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 32

Forms

Form A 34

Form B 35

Form C 36

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 in

compliance with TR 3.1.

(B) 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:

(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).

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.

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.

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.

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-TR7-1: Procedure Following Agreed Continuances.

(A) 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.

(B) 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-TR9.2-1: 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;

(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. All

pleadings, motions, and other documents filed with the Court shall comply with TR 10.

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.

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

(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-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 4:00 p.m. All direct filings with a

Court are required to be filed no later than 3:30 p.m.

(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.

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-TR79-1: Selection of Special Judges.

(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.

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

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.

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.

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-5: General Principals.

(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;

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.

(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.

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:

(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.

(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

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.

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 or until further order of a Judge.

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.

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-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

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.

(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-CR2.2-2: 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.

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: Caseload Plan.

(A) General Rules for Assignment of Criminal Cases.

(1) 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

(2) 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 those specifically denoted

to be filed otherwise in sections (A)(1) and (A)(3); and

(b) All murder, including capital offenses.

(3) 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.

(4) Seizure of Firearms cases (RF) shall be filed between the Bartholomew

County Courts on an equal and rotating basis.

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

Rule:

(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.

(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.

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.

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

(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, CE and

RA case types, 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, including Grandparent

Visitation 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

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.

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.

(13) Seizure of Firearms cases (RF), shall be filed between the Bartholomew

County Courts on an equal and rotating basis.

(14) 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.

(15) 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-TR76-1.

(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-AR1-2: Judicial Officers. For purposes of judicial economy in the Bartholomew County

Courts, upon request, a judicial officer of a court of record within a county or district may serve

as acting judge in accordance with Administrative Rule 1(E).

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

mechanical or electronic records or tapes, shorthand or stenographic notes as

provided in Indiana Administrative Rule 7.

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

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.

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.

(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-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.

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.

(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.

(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.

(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.

(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

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

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 Superior

Court 1.

(B) In the event of a conflict for Superior Court 1, a case shall be reassigned to Circuit

Court.

reassigned to Superior Court 2.

(D) 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.

(E) 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

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.

(F) 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-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

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.

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

_____________________________________ _________________________________

AFFIDAVIT FOR HOLD FOR PRELIMINARY CHARGE (Form B)

LR03-CR00-BOND-1 (C) In the event that the arresting officer believes that the [bond]

schedule is not appropriate for a specific arrest based upon facts known to the officer or

surrounding circumstances, the officer may complete an affidavit [] 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 or until further order of a Judge. THIS 48 HOUR HOLD DOES NOT

EXCLUDE WEEKENDS AND HOLIDAYS.

Pursuant to the Bartholomew County Local Rule LR03-CR00-BOND-1(C), 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 forth by the Bartholomew County Judges, and pursuant to the

Bartholomew County Courts Bond Schedule and states the following:

The bond schedule is not appropriate for:

Name:________________________ Address: ________________________________

DOB:________________________ SSN:____________________ in that said arrestee:

____ Is not a 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 of failure to

appear; SPECIFICALLY:

__________________________________________________________________________

____________

____ Is believed to have committed an act that is in violation of a protective order, a no

contact order issued in a criminal case, or a pretrial conditions order.

____The arrestee is currently on probation or parole.

____The arrestee 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 bond at this

time.

____The arrestee is suspected of additional crimes or more serious charges that 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(s) and/or

the arrestee poses a danger to the alleged victim and/or the community.

____Victim/Officer notification sheet is attached.

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

______________________________ ______________________________

Signature Printed

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

___________________________________________________________________________

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_______-_______-_______-___________

Provenance

Source: www.in.gov
Retrieved: 2026-10-02
Edition: supplied-in-28-03-bartholomew-local-rules-2008-07-01
Content hash: 984e86836a3d3dded650b080459fcb00ef3819e6ace78a693a926071c1c029d1

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