Ind. County Local Rule: carroll-local-rules

Table of Contents

LR08-TR81-01: SCOPE OF RULES..................................................................................................... 1

LR08-TR79-02: TRANSFER OF ACTION............................................................................................ 1

LR08-TR00-03: JUDGES SITTING IN EITHER COURT...................................................................1

LR08-TR00-04: PROPOSED ORDERS................................................................................................ 2

LR08-TR73-05: MOTIONS................................................................................................................... 2

LR08-TR47-06: VOIR DIRE.................................................................................................................. 3

LR08-TR51-07: JURY INSTRUCTIONS.............................................................................................. 4

LR08-AR7-08: EVIDENCE HANDLING, RETENTION AND DESTRUCTION..............................4

LR08-TR74-09: TRANSCRIPTS........................................................................................................... 6

LR08-TR79-10: APPOINTMENT OF SPECIAL JUDGES..................................................................6

LR08-AR00-11: JURISDICTION.......................................................................................................... 8

LR08-AR00-12: DOCUMENTS, FILES, AND DEPOSITIONS..........................................................9

LR08-AR15-13: COURT REPORTERS................................................................................................ 9

LR08-AR00-14: LIBRARY BOOKS...................................................................................................11

LR08-FL-15: DOMESTIC RELATIONS............................................................................................11

LR08-TR3.1-16: MANDATORY WITHDRAWAL OF COURT-APPOINTED COUNSEL............12

LR08-CR00-17: BOND SCHEDULE..................................................................................................12

LR08-CR00-18: AUTOMATIC CRIMINAL DISCOVERY RULE...................................................14

LR08-AR21-19: SELECTION OF SPECIAL JUDGES......................................................................19

LR08-SC00-20: LANDLORD AND TENANT...................................................................................20

LR08-JR4-21: TWO-TIER NOTICE AND SUMMONS...................................................................... 20

LR08-TR00-22: PRO SE LITIGANT RESPONSIBILITIES...............................................................20

LR08-TR5-23: ALTERNATIVE SERVICE – COURT HOUSE BOX...............................................21

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LR08-TR81-01: SCOPE OF RULES

Pursuant to Trial Rule 81 of the Indiana Rules of Court, and except as otherwise

provided, these rules govern the procedure and practice of the Carroll Circuit Court and the

Superior Court of Carroll County, including the general jurisdiction docket, the small claims,

criminal, probate, estate, and guardianship dockets.

The rules with no special designation shall apply to all cases filed in the Circuit and

Superior Courts of Carroll County, Indiana, but the rules shall not apply to criminal cases, traffic

bureau cases, or cases on the small claims docket unless otherwise indicated.

These local rules shall be read and applied in a manner not inconsistent with the Indiana

Rules of Court.

These Rules shall be effective January 1, 2026, and shall supersede the rules currently

applied in the Courts.

LR08-TR79-02: TRANSFER OF ACTION

It may, from time to time, be expedient for the Judges of the Carroll Circuit and Superior

Courts to transfer cases between those courts. This shall be done with the consent of the two

judges involved in the transfers, pursuant to I.C. 33-29-1-9. If such transfer is consummated, the

time for taking a change of venue from the judge shall be extended for a period of 10 days from

the service of notice of such transfer or until such period expires pursuant to T.R. 76 or other

applicable law. Change of venue from the county shall not be affected.

LR08-TR00-03: JUDGES SITTING IN EITHER COURT

Pursuant to I.C. 33-29-1-10, the Judge of the Carroll Circuit Court authorizes the Judge

of the Carroll Superior Court to sit as Judge of the Carroll Circuit Court, at any time, in any case.

Pursuant to I.C. 33-29-1-10, the Judge of the Carroll Superior Court authorizes the Judge

of the Carroll Circuit Court to sit as Judge of the Carroll Superior Court, at any time, in any case.

This authority shall remain in force until further order.

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LR08-TR00-04: PROPOSED ORDERS

Prior to entry by the Court of orders granting motions or application or setting hearing

dates, the moving party or applicant shall, unless the Court directs otherwise, furnish the Court

with proposed orders in the following matters:

(1) for enlargement of time

(2) for continuance

(3) for default judgment

(4) to compel discovery

(5) of dismissal

(6) for appointment of receiver

(7) for appointment of guardian

(8) for restraining order, temporary or permanent injunction

(9) for a protective order

(10) for immediate possession of real estate

(11) for immediate possession of personal property

(12) for findings of fact and conclusions of law

(13) for foreclosure of a mortgage or other lien

(14) setting hearing date

(15) and such other orders, judgments, or decrees as the Court may direct.

This rule does not apply to judgments on general verdicts of the jury or upon a decision

announced by the Court.

All proposed orders left with the Clerk or Court Reporter when the Judge is not available

shall be submitted in sufficient number so that distribution may be made to all affected parties.

LR08-TR73-05: MOTIONS

BRIEFS AND MEMORANDA REGARDING MOTIONS. If a party desires to file a

brief or memorandum in support of any motion, such brief or memoranda shall accompany or be

filed simultaneously with motion, and a copy served on the adverse party unless additional time

is granted by the Court. If the adverse party desires to file a brief or memorandum, the adverse

party shall file it within 10 days of service of the movant's brief or memorandum.

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LR08-TR47-06: VOIR DIRE

A. EXAMINATION OF PANEL AS A WHOLE BY COURT. Unless

otherwise directed, the entire panel of prospective jurors shall be sworn by the Court and shall

remain in the courtroom throughout the entire voir dire examination. The Court will conduct its

own voir dire examination of the entire panel, with a view primarily of establishing a basis for

challenge for cause. Examination shall be conducted in a matter consistent with Trial Rule 47.

B. JURY QUESTIONNAIRES. Jury questionnaires shall be on file with the

Bailiff and copies shall be made available to counsel, but it shall be the responsibility of

counsel to obtain such copies from the Bailiff and to review the same before voir dire begins.

Upon completion of the trial, the parties shall return all copies of the jury questionnaires.

C. CHALLENGES FOR CAUSE. Any challenge for cause must be made

when the cause becomes known.

D. SUPPLEMENTAL EXAMINATION BY COUNSEL. Following

examination by the Court, counsel shall be permitted to supplement the Court's examination on

subjects not expressly covered by the Court or the jury questionnaires. Questions shall be, so

far as possible, directed to the entire panel seated in the jury box. The side with the burden of

proof shall proceed first with such examination, and the opposing side will then proceed.

E. PEREMPTORY CHALLENGES. After each side has completed its

supplementary examination, peremptory challenges must be then made. Such challenges will be

made in writing and submitted to the Court. After submission to the Court, the Court will then

advise the prospective jurors so challenged.

F. ADDITIONAL SUPPLEMENTAL EXAMINATION. Whenever

peremptory challenges are made, replacement jurors will then be seated, and each side shall

have an opportunity for a supplemental examination as provided by subparagraph D, with

peremptory challenges made at the conclusions of such inquiry in writing in the same manner

as set forth in subparagraph E.

G. PASSING OF A JUROR ON A TWELVE PERSON JURY. No juror who

has been passed twice may be re-examined or peremptorily challenged except upon good cause

shown, and the passing of any juror twice shall be deemed a waiver of the right to peremptorily

challenge the same unless good cause is shown.

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H. PASSING OF A JUROR ON A SIX PERSON JURY. No juror who has

been passed once may be re-examined or peremptorily challenged except upon good cause

shown, and the passing of any juror once shall be deemed a waiver of the right to peremptorily

challenge the same unless good cause is shown.

I. PEREMPTORY CHALLENGES OF SAME JUROR. A peremptory

challenge of the same juror by both sides shall count against the number of challenges for each

side.

J. LIMITATION ON VOIR DIRE BY COUNSEL. Counsel should limit voir

dire examination and, unless otherwise directed by the Court, not question prospective jurors on

hypothetical statements of fact which are substantially similar or related to the facts of the case

being tried.

LR08-TR51-07: JURY INSTRUCTIONS

All requests for instructions tendered in accordance with Trial Rule 51 shall be in writing

with citations to applicable authority. Proposed preliminary instructions shall be exchanged and

filed not later than three business days prior to the beginning of the trial. The plaintiff shall

prepare and exchange with opposing counsel a proposed preliminary instruction on issues not

later than three days prior to trial. The court shall, in the interest of justice, permit the tender of

additional instructions during the trial on matters which could not have been reasonably

anticipated in advance of trial.

LR08-AR7-08: EVIDENCE HANDLING, RETENTION AND DESTRUCTION

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.

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.

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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

CASES (Misdemeanors, Class C & D, Level 4, 5 & 6 Felonies – including attempts).

Misdemeanor, Class D, Class C, Level 4, Level 5, Level 6 Felonies, and 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, 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 all mechanical/electronic records or tapes, shorthand, and stenographic notes

as provided in Indiana Administrative Rule 7.

C. RETENTION PERIODS FOR EVIDENCE INTRODUCED IN CRIMINAL

CASES (Class B & A, Level 1, 2 & 3 Felonies, Murder – including attempts). Class B,

Class A, Level 1, Level 2, Level 3 Felonies and Murder and 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

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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 other than small claims, the

Court shall provide actual notice, by mail 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.

LR08-TR74-09: TRANSCRIPTS

Persons requesting transcripts shall make a deposit with the clerk of Carroll County

sufficient to cover the cost of the transcript at the time of the request unless other arrangements

are made with the Court Reporter who is preparing the transcript.

LR08-TR79-10: APPOINTMENT OF SPECIAL JUDGES

JUVENILE CASES. When the appointment of a special judge in a juvenile case is

necessary pursuant to Trial Rule 79(H), then a special judge shall be appointed from Section

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(A). If no judge qualifies under Section (A), then a special judge shall be chosen from

Section (B) on a rotating basis. If no judge qualifies under Section (B), then a special judge

shall be chosen from Section (C).

A. 1. Judge of the Carroll Circuit Court

2. Judge of the Carroll Superior Court

B. To ensure the effective use of all judicial resources within this Administrative

District, the Carroll Circuit and Carroll Superior Courts shall maintain lists of full-time judicial officers within this Administrative District and (2) from contiguous

counties who have agreed to serve as special judge in juvenile court and shall assign

a judge from said list on a rotating basis.

C. Upon certification to the Supreme Court of Indiana of cases in which no judge is

eligible to serve as special judge or the particular circumstance of a case warrants

selection of a special judge by the Indiana Supreme Court.

ALL OTHER CIVIL CASES. In all other civil cases, when the appointment of a

special judge is necessary pursuant to Trial Rule 79(H), then a special judge shall be appointed

from Section (A). If no judge qualifies under Section (A), then a special judge shall be chosen

from Section (B) on a rotating basis. If no judge qualifies under Section (B), then a special

judge shall be chosen from Section (C).

A. 1. Judge of the Carroll Circuit Court

2. Judge of the Carroll Superior Court

B. To ensure the effective use of all judicial resources within this Administrative

District, the Carroll Circuit and Carroll Superior Courts shall maintain lists of full-time judicial officers, as defined by T.R. 79(J), within this Administrative District

and from contiguous counties who have agreed to serve as special judge in civil

cases and, when required pursuant to Trial Rule 79 to assign a special judge, shall

assign a judicial officer from said list on a rotating basis.

C. Upon certification to the Supreme Court of Indiana of cases in which no judge is

eligible to serve as special judge or the particular circumstance of a case warrants

selection of a special judge by the Indiana Supreme Court.

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LR08-AR00-11: JURISDICTION

Caseload Plan

A. CARROLL CIRCUIT COURT. The Carroll Circuit Court shall have exclusive

jurisdiction in the following matters, except in instances when Carroll Superior Court has

juvenile court jurisdiction as provided by Ind. Code § 31-30-1-1.

(1) Murder;

(2) Felonies;

(3) Misdemeanors;

(4) Infractions;

(5) Ordinance Violations;

(6) Red Flag;

(7) Mental Health; and

(8) Order of Protection.

B. CARROLL SUPERIOR COURT. The Carroll Superior Court shall have exclusive

jurisdiction when exercising juvenile court jurisdiction as provided by Ind. Code § 31-30-1-1,

and in the following matters:

(1) Adoption;

(2) Civil Collection;

(3) Commercial Court Eligible;

(4) Civil Plenary;

(5) Civil Tort;

(6) Dissolutions and Child Custody;

(7) Eviction;

(8) Grandparent Visitation;

(9) Judicial Review of Administrative Agency Decisions;

(10) Juvenile Matters;

(11) Mortgage Foreclosure;

(12) Probate and Guardianships;

(13) Paternity; and

(14) Small Claims.

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C. CONCURRENT JURISDICTION. The courts shall have concurrent

jurisdiction in all other matters.

LR08-AR00-12: DOCUMENTS, FILES, AND DEPOSITIONS

REMOVAL OF ORIGINAL PLEADINGS, PAPERS, AND RECORDS. No

person shall withdraw any original pleading, paper, or record from the custody of the clerk or

other officer of this court except upon the order of the judge of the court after giving proper

receipt.

LR08-AR15-13: COURT REPORTERS

SECTION ONE. 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 and 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, and stenographic or other recording

made as required by Indiana 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. Depending on the particular court, these hours may

vary from court to court within the county but remain the same for each 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.

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(8) Overtime hours worked means those hours worked 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, Friday and Thursday.

(10) Court means the particular court for which the court reporter performs services.

Court may also mean all of the courts in Carroll 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.

(14) Rush Transcript means any transcript required within seven days from date of

request.

SECTION TWO. SALARIES, PREPARATION OF TRANSCRIPTS, AND 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

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 for gap and overtime hours, i.e., monetary compensation or

compensatory time off regular work hours.

(2) The court reporter shall not prepare transcripts during regular work hours.

(3) The maximum per page fee a court reporter may charge for the preparation of a

county or state indigent transcript shall be $4.00; the court reporter shall submit a claim

directly to the county for the preparation of any county indigent transcripts.

(4) The maximum per page fee a court reporter may charge for the preparation of a

private transcript shall be $4.00.

(5) A minimum fee of $35.00 for total cost of a transcript may be charged for any

transcript less than 10 pages.

(6) Each court reporter shall report, at least on an annual basis, all transcript fees

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received for the preparation of either county indigent, state indigent or private transcripts

to the Indiana Supreme Court Division of State Court Administration. The reporting shall

be made on forms prescribed by the Division of State Court Administration.

(7) If a court reporter elects to engage in private practice through recording a

deposition and/or preparing a deposition transcript, that such private practice shall be

conducted outside of regular working hours.

(8) The maximum per page fee a court reporter may charge for the preparation of a

Rush Transcript is $6.00 per page.

LR08-AR00-14: LIBRARY BOOKS

The books in the law library shall be in the custody of the Judges of the Carroll Circuit

Court and the Carroll Superior Court. No person shall remove any book from the courthouse

without permission from the Courts.

LR08-FL-15: DOMESTIC RELATIONS

A. NOTICE TO PARENT IN DISSOLUTION. In all uncontested dissolution matters

involving custody and support of children or the determination of real property interest or both,

the petitioner's attorney or the petitioner, if appearing pro se, shall give notice of the time and

place of the hearing by subpoena, notice of hearing, or letter served upon the respondent in

accordance with Trial Rule 4 at least 7 days prior to the hearing date, and file a copy of the

notice with the court on or before the trial date.

B. SUPPORT GUIDELINES. All support determinations shall be made in accordance

with the Indiana Child Support Guidelines, any deviation or exception shall be with good cause

and only upon written findings entered by the Court.

C. WORKSHEET - CHILD SUPPORT OBLIGATION. A copy of the worksheet

provided for in the Indiana Child Support Guidelines shall be submitted to the Court in each case

in which the Court is asked to determine support, including cases in which agreed orders are

submitted, and the worksheets shall be signed by both parties under penalties of perjury.

D. PARENTING CLASS REQUIREMENTS. All parties in dissolution cases

involving minor children shall attend a parenting class prior to the final hearing on the case. Said

parenting class shall be “Dissolution Education Workshop” or an equivalent thereto.

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E. COURT COSTS. If court costs are initially waived, they will be addressed at the

Provisional Hearing and/or the Final Hearing.

F. IN CAMERA INTERVIEWS. If the Court has an in camera interview with

child(ren), the parties and attorneys are prohibited from discussing that interview with the child

afterward.

LR08-TR3.1-16: MANDATORY WITHDRAWAL OF COURT-APPOINTED COUNSEL

Court-appointed counsel and public defenders shall be deemed “withdrawn” upon

completion of sentencing or final disposition of cause.

LR08-CR00-17: BOND SCHEDULE

A. AMOUNTS. The following amounts shall be the amounts set for bail bonds unless

otherwise ordered by the Judge of the Carroll Circuit Court or the Carroll Superior Court:

Class or Level of Offense Bond Amount

Murder none

Habitual Offender (A, B, and C felonies) $50,000.00 additional

Habitual Offender (D felony) $5,000.00 additional

Class A felony $100,000.00 surety plus $500.00 cash

Class B felony $50,000.00 surety plus $500.00 cash

Class C felony $10,000.00 surety plus $500.00 cash

Class D felony $5,000.00 surety or $500.00 cash

Class A misdemeanor $3,000.00 surety or $300.00 cash

Class B misdemeanor $1,500.00 surety or $150.00 cash

Class C misdemeanor $1,000.00 surety or $100.00 cash

Level 1 Felony $100,000 with ten (10%) cash allowed

Level 2 Felony $75,000 with ten (10%) cash allowed

Level 3 Felony $50,000 with ten (10%) cash allowed

Level 4 Felony $25,000 with ten (10%) cash allowed

Level 5 Felony $10,000 with ten (10%) cash allowed

Level 6 Felony $5,000 with ten (10%) cash allowed

Class A Misdemeanor $3,000 with ten (10%) cash allowed

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Class B Misdemeanor $1,500 with ten (10%) cash allowed

Class C Misdemeanor $1,000 with ten (10%) cash allowed

Alleged Habitual Offender charged with

Murder or Level 1-4 Felony Additional $50,000 cash or corporate surety

Level 5 - 6 Felony Additional $10,000 cash or corporate surety

Alleged Habitual Vehicular

Substance Offender Additional $10,000 cash or corporate surety

EXCEPTIONS TO SCHEDULE

A. MULTIPLE CHARGES. If an arrest is made on more than one charge and there has

been no prior judicial determination of bail, bond shall be posted on the most serious charge

only. If the listed bond amount is inappropriate under the circumstances, the Prosecuting

Attorney shall bring such circumstances to the attention of the court by written or oral motion.

B. ARRESTING OFFICER AFFIDAVIT TO DISALLOW BOND. 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 A) 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.

C. RELEASE ON PROMISE TO APPEAR. The bail schedule shall not apply to cases in

which a person may be released upon written promise to appear or the posting of other

appropriate security as provided by law.

D. INTOXICATED PERSONS. If any person is arrested or charged involving

intoxication or use of drugs and in the opinion of the Sheriff or his department cannot safely be

released because of such condition, the person shall be held until the Sheriff or his department

determines that the person would not constitute a danger to himself or others. This provision is

subject to the rule that all persons arrested who remain in jail shall be brought into court no later

than as required by law.

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E. ARREST ON CIVIL PROCESS. This bail schedule applies only to arrest on criminal

charges. On civil arrests (body attachments), the person shall be held without bail pending court

appearance unless a bail amount is stated on the body attachment. Such bail is to be accepted in

cash only and must be posted by the person arrested. The Court will consider the cash bail posted

to be the property of the person arrested and subject to attachment.

F. CASH BONDS. In all cases in which a cash bond is posted, the court approved bond

form must be used. Cash bonds may be used to pay fines, court costs, administrative probation

fees, and other financial obligations of the defendant in any Carroll County cause. In addition,

the bond may be used to reimburse the county for the cost of court appointed counsel. Unless the

Court orders otherwise, when cash bonds are released, they may be released to the person who

posted the bond, not necessarily to the Defendant.

G. PERSONS ON PROBATION, PAROLE, BOND OR RELEASE ON OWN

RECOGNIZANCE. This bond schedule shall not be applicable in the case of a person who has

been arrested for a crime while on probation, parole, bond or released on own recognizance for

another offense. In such cases, the person shall be detained until the Court determines a proper

amount of bond. In such cases, the Court shall conduct a hearing regarding the alleged violation

or admit the person to bail within fifteen (15) calendar days of detention.

H. PERSONS HELD WITHOUT BOND UNTIL A HEARING WITH THE COURT.

Arrestees meeting the criteria of Indiana Code § 35-33-8-6.5 and/or Indiana Code § 35-33-8-3.4

shall be held without bond until a hearing with the court if probable cause is found within forty-eight (48) hours of arrest.

LR08-CR00-18: AUTOMATIC CRIMINAL DISCOVERY RULE

A. GENERAL PROVISIONS

1. Upon the entry of an appearance by an attorney for a defendant or a defendant’s pro

se written appearance, the State shall disclose and furnish all relevant items and

information under this Rule to the defendant within thirty (30) days from the date of

the appearance, subject to Constitutional limitations and such other limitation as the

court may specifically provide by separate order, and the defense shall disclose and

furnish all relevant items and information under this rule to the State within thirty

(30) days after the State’s disclosure.

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2. No written motion is required, except:

a. To compel compliance under this Rule;

b. For additional discovery not covered under this Rule;

c. For a protective order seeking exemption from the provisions of this Rule; or

d. For an extension of time to comply with this Rule.

3. Although each side has a right to full discovery under the terms of this Rule, each side

has a corresponding duty to seek out the discovery. Failure to do so may result in the

waiver of the right to full discovery under this Rule.

4. All discovery shall be completed on or before the omnibus date unless otherwise

extended for good cause shown.

5. The party seeking disclosure or a protective order under this Rule shall include in the

party’s motion or request a statement showing that the attorney making the motion or

request has made a reasonable effort to reach agreement with opposing counsel

concerning the matter set forth in the motion or request. In addition, this statement shall

recite the date, time and place of this effort to reach agreement, whether the effort was

made in person or by telephone and the names of all parties and attorneys participating

therein. The court may deny a discovery motion filed by a party who has failed to

comply with the requirements of this subsection.

B. STATE DISCLOSURES

1. The State shall disclose the following materials and information within its possession

or control:

a. The names and last known addresses of persons whom the State intends to call

as witnesses along with copies of their relevant written and/or recorded

statements. However, the State may refrain from providing a witness’ address

under this Rule if the State in good faith believes the disclosure of the witness’

address may jeopardize the safety of the witness and the witness’ immediate

family. If the State does not disclose the witness’ address for the reason stated

under this Rule, then the State shall make the witness available for deposition

or interview by defense counsel upon reasonable notice. Should there be a

dispute among the parties concerning the disclosure of a witness’ address,

counsel shall meet and make a reasonable effort to resolve this dispute before

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seeking intervention from the court. If an attorney for any party advises the

court in writing that an opposing attorney has refused or delayed meeting and

discussing the issue of witness address disclosure, the court may take such

action as is appropriate;

b. Any written, oral, or recorded statements made by the accused or by a co-defendant, and a list of witnesses to the making and acknowledgment of such

statements;

c. If applicable, the State shall provide a copy of those portions of any transcript

of grand jury minutes, within the State’s possession, which contain the

testimony of persons whom the State intends to call as a witness at hearing or

at trial. If such transcripts do not exist, the defendant may apply to the court for

an order requiring their preparation;

d. Any reports or statements of experts, made in connection with the particular

case, including results of physical or mental examinations and of scientific tests,

experiments or comparisons;

e. Any books, papers, documents, photographs, or tangible objects that the State

intends to use in the hearing or trial or which were obtained from or belong to

the accused; and

f. Any record of prior criminal convictions that may be used for impeachment of

the persons whom the State intends to call as witnesses at any hearing or trial.

2. The State shall disclose to the defense any material or information within its

possession or control that tends to negate the guilt of the accused as to the offense(s)

charged or would tend to reduce the punishment for such offense(s).

3. The State may perform these disclosure obligations in any manner mutually

agreeable to the State and the defense. Compliance may include a notification to the

defense that material and information being disclosed may be inspected, obtained,

tested, copied, or photographed at a specified reasonable time and place.

C. DEFENDANT DISCLOSURES

1. Defendant’s counsel (or defendant where the defendant is proceeding pro se) shall

furnish the State with the following material and information within his or her

possession or control:

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a. The names and last known addresses of persons whom the defense intends to

call as witnesses along with copies of their relevant written and/or recorded

statements. However, the defense may refrain from providing a witness’

address under this Rule if the defense in good faith believes the disclosure of

the witness’ address may jeopardize the safety of the witness and the witness’

immediate family. If the defense does not disclose the witness’ address for the

reason stated under this Rule, then the defense shall make the witness available

for deposition or interview by the State upon reasonable notice. Should there

be a dispute among the parties concerning the disclosure of a witness’ address,

counsel shall meet and make a reasonable effort to resolve this dispute before

seeking intervention from the court. If an attorney for any party advises the

court in writing that an opposing attorney has refused or delayed meeting and

discussing the issue of witness address disclosure, the court may take such

action as is appropriate.

b. Any books, papers, documents, photographs, or tangible objects the defense

intends to use as evidence at any trial or hearing;

c. Any medical, scientific, or expert witness evaluations, statements, reports, or

testimony which may be used at any trial or hearing;

d. Any defense, procedural or substantive, which the defendant intends to make

at any hearing or trial; and

e. Any record of prior criminal convictions known to the defendant or defense

counsel that may be used for impeachment of the persons whom the defense

intends to call at any hearing or trial.

2. After the formal charge has been filed, upon written motion by the State, the court may

require the accused, among other things, to:

a. Appear in a line-up;

b. Speak for identification by witnesses to an offense;

c. Be fingerprinted;

d. Pose for photographs not involving re-enactment of a scene;

e. Try on articles of clothing;

f. Allow the taking of specimens of material from under his/her fingernails;

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g. Allow the taking of samples of his/her blood, hair and other materials of his/her

body that involve no unreasonable intrusion;

h. Provide a sample of his/her handwriting; and

i. Submit to a reasonable physical or mental examination.

Whenever the personal appearance of the accused is required for the foregoing

purposes, reasonable notice of the time and place of such appearance shall be given by the

State to the accused and his/her counsel, who shall have the right to be present. Provision may

be made for appearances for such purposes in an order admitting the accused to bail or

providing for his/her release.

D. ADDITIONS, LIMITATIONS AND PROTECTIVE ORDERS

a) Discretionary Disclosures: Upon written request and a showing of materiality, the

court, in its discretion, may require additional disclosure not otherwise covered by

this Rule.

b) Denial of Disclosure: The court may deny disclosure required by this rule upon a

finding that there is substantial risk to any person of physical harm, intimidation,

bribery, economic reprisals or unnecessary annoyance or embarrassment resulting

from such disclosure which outweighs any usefulness of the disclosure.

c) Matters not subject to Disclosure:

i. Work Product: Disclosure hereunder shall not be required of legal

research or records, correspondence, reports, or memoranda to the

extent that they contain the opinions, theories, or conclusions of the

State or members of its legal or investigative staff, or of defense counsel

or his/her staff;

ii. Informants: Disclosure of an informant’s identity shall not be required

where there is a paramount interest of non-disclosure and where a failure

to disclose will not infringe upon the Constitutional rights of the

accused. However, disclosure shall not be denied hereunder of the

identity of witnesses to be produced at trial or hearing; and

iii. Any matters protected by law.

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d) Protective Orders: Either the State or defense may apply for a protective order for

non-disclosure of discovery required hereunder or any additional requested

discovery.

E. DUTY TO SUPPLEMENT RESPONSES. The State and the defense are under a

continuing duty to supplement the discovery disclosures required hereunder as required

upon the acquisition of additional information or materials otherwise required to be

disclosed hereunder. Supplementation of disclosures shall be made within a reasonable

time after the obligation to supplement arises.

F. SANCTIONS UPON FAILURE TO COMPLY. Failure of a party to comply with

either the disclosure requirements or the time limits required by this Rule may result in

the imposition of sanctions against the noncompliant party or attorney. These sanctions

may include, but are not limited to, the exclusion of evidence at a trial or hearing and

attorney fees.

LR08-AR21-19: SELECTION OF SPECIAL JUDGES

Pursuant to Indiana Administrative Rule 1 and Indiana Administrative Rule 21, this rule

shall apply to the reassignment of the case and the selection of special judges in felony and

misdemeanor cases where a change of judge is granted pursuant to Ind.Crim.Rule 2.4 or an order

of disqualification or recusal is entered in the case.

The reassignment procedure set forth in this rule also shall apply where a change of judge

is granted pursuant to Ind.Post-Conviction Remedy Rule 1(4)(b) and in proceedings to enforce a

statute defining an infraction and ordinance violation cases where a change of judge is granted

for cause pursuant to Crim.R. 2.4.

A special judge shall be selected from Section (A). If no judge qualifies under Section

(A), then a special judge shall be chosen from Section (B) on a rotating basis. If no judge

qualifies under Section (B), then a special judge shall be chosen from Section (C).

A. 1. Judge of the Carroll Circuit Court

2. Judge of the Carroll Superior Court

B. To ensure the effective use of all judicial resources within this Administrative

District, the Carroll Circuit and Carroll Superior Courts shall maintain lists of

eligible full-time judicial officers within this Administrative District and (2) from

contiguous counties and shall assign a judge from said list on a rotating basis.

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C. Upon certification to the Supreme Court of Indiana of cases in which no judge is

eligible to serve as special judge or the particular circumstance of a case warrants

selection of a special judge by the Indiana Supreme Court.

LR08-SC00-20: LANDLORD AND TENANT

A. If the defendant has vacated the premises by the time of the hearing on possession, the

plaintiff may present evidence of damage to the premises at that time. If the defendant has not

vacated by the time of the hearing, the court will set another hearing date to consider the

question of damages.

B. The Sheriff will assist a party prevailing on a claim for possession only to the extent of

obtaining possession of the premises, and the party will be fully responsible for moving and

storage of personal property.

C. It shall be the duty of any party obtaining an order for possession to contact the Sheriff

and make arrangements for assistance in obtaining possession of the involved property.

LR08-JR4-21: TWO-TIER NOTICE AND SUMMONS

The judges of Carroll County have selected a two-tier notice and summons procedure

for sending summons to prospective jurors as provided by Indiana Jury Rule 4(b).

LR08-TR00-22: PRO SE LITIGANT RESPONSIBILITIES

Litigants who represent themselves should present their case in the proper way. The

Court cannot treat pro se litigants differently than if a lawyer represents a litigant. 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 should have the

parties’ names, the name of the court where the case is filed and the case number on it. 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 your case is presented. 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 you

file with the court. It is also your responsibility to make certain that any witnesses you want to

testify are notified of your hearing.

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It is the Court’s job to consider the testimony and evidence presented during your hearing

determine the facts of your 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.

LR08-TR5-23: ALTERNATIVE SERVICE – COURT HOUSE BOX

A. Any Carroll County attorney or any Carroll County law firm may, without charge,

maintain an assigned Courthouse box in the offices of the Carroll Circuit Court and the Carroll

Superior Court for receipt of notices, pleadings, process, orders, or other communications from

the Carroll County Courts and the Clerk, and other attorneys or law firms which use this service.

If a Carroll 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). The Carroll

Circuit Court shall be responsible for maintaining a file of consents and of revocations of

consents to alternate service. The Carroll Circuit Court and the Carroll Superior Court shall be

responsible for assigning boxes in the respective court.

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 Carroll Circuit Court.

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FORM A

CONSENT TO ALTERNATE SERVICE – COURTHOUSE BOXES

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:

(a) Carroll County Courts;

(b) Carroll County Clerk;

(c) 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 seven days after filing with the Carroll 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 agree(s) to notify the Carroll County Courts and Carroll County Bar

Association promptly of any changes in the list of attorneys designated in the Consent.

DATED:

________________________________________(Individual Practitioner) (Firm Name)

By:______________________________________(Printed)

Managing or Senior Partner

List of Attorneys in Law Firm Hereby Consenting:

________________________________ __________________________________

________________________________ __________________________________

__________________________________ ___________________________________

__________________________________ __________________________________

(File with the Carroll Circuit Court.)

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FORM B

AFFIDAVIT FOR HOLD FOR PRELIMINARY CHARGE

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 CARROLL COUNTY COURTS BOND SCHEDULE that states as follows:

The bond schedule is not appropriate for:

Name ___________________________

D.O.B. _______________, Soc. Sec. No. XXX-XX-____________ 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 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:

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

Signature

Print name

Law Enforcement Agency

CONFIDENTIAL -- DO NOT RELEASE WITHOUT COURT ORDER

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