Ind. County Local Rule: clay-local-rules

CLAY COUNTY CIRCUIT AND SUPERIOR COURTS LOCAL COURT RULES

TABLE OF CONTENTS

LR11-FL00-1 - INDIANA PARENTING TIME GUIDELINES

LR11-FL00-2 - DISSOLUTION PARENTING CLASSES

LR11-CR2.4-2 - CRIMINAL CASE ASSIGNMENT/CR 2.4, AR 1(E), and AR 21

LR11-CR00-1 - MINIMUM CRIMINAL BAIL SCHEDULE

LR11-JR2-1 - JURY SELECTION AND JURY ADMINISTRATOR

LR11-TR5-1 - SERVICE OF PROCESS

LR11-TR5-2 - PLEADING FILINGS

LR11-ARl5-1 - COURT REPORTER SERVICES

LR11-AR16-1 - LATE PAYMENT FEES

LR11-PR-1 - NOTICE

LR11-PR-2 – FILING OF PLEADINGS

LR11-PR-3 – BOND

LR11-PR-4 - INVENTORY

LR11-PR-5 – REAL ESTATE

LR11-PR-6 – ACCOUNTINGS

LR11-PR-7 - FEES OF ATTORNEYS AND FIDUCIARIES

LR11-PR-8 – UNSUPERVISED ESTATES

LR11-PR-9 – GUARDIANSHIPS

LR11-PR-10 – APPLICABILITY

LR11-AR01-2 - CASELOAD ALLOCATION

LR11-TR79-1 - SELECTION OF A SPECIAL JUDGE TR 79(H)

LR11-FL00-1 INDIANA PARENTING TIME GUIDELINES

The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines as of March

1, 2013 and those guidelines shall be utilized by the Clay Circuit Court and Clay Superior

Court in actions for Dissolution of Marriage, in actions for Child Custody, in actions for

Paternity, and any post-judgment actions involving any of the three.

(Amended effective July 1, 2014)

LR11-FL00-2 DISSOLUTION PARENTING CLASSES

The Clay Circuit and Superior Courts shall not conduct final hearings nor approve

waivers of a final hearing in dissolution of marriages in which there are unemancipated

children until both parties have filed an affirmation that each of them and all

unemancipated children age six or older have successfully attended the Effective

Parenting for Divorcing Couples Program conducted by Kirkman and Associates or its

pre-court approved equivalent.

The Clay Circuit and Superior Courts shall not conduct any post-dissolution hearings on

modification of custody or visitation and affidavits charging contempt of court based

upon visitation until the requirements in the first paragraph of this Rule have been

satisfied following the filing of the petition or affidavit.

The Clay Circuit Court shall not conduct any paternity hearings regarding custody or

visitation until the requirements in the first paragraph of this Rule have been satisfied

following the filing of a petition or affidavit.

The Courts reserve the right to waive the requirements of these Rules if clear and

convincing evidence demonstrates that the best interests of the child or children

would be better served. Each party shall be responsible for the individual costs of the

program.

These rules shall apply to all applicable petitions for dissolution of marriage, petitions

for modification, affidavits charging contempt and all paternity actions filed on May

15, 1996 and thereafter.

LR11-CR2.4-2 CRIMINAL CASE ASSIGNMENT/CR 2.4, AR 1(E), AND AR 21

A. All criminal cases shall be assigned and allocated to the Clay Circuit and Superior

courts in accordance with LR11-AR01-2.

B. A judge of the Circuit or Superior courts, by appropriate order entered in the

record of judgments and orders may transfer and reassign a case to any other

court of record in the county with jurisdiction to hear the charged offense subject

to acceptance by the receiving court.

C. When the State of Indiana dismisses a case and chooses to re-file that case, the

case shall be assigned to the court from which the dismissal was taken.

D. In the event additional charges are filed against a criminal defendant

subsequent to the assignment of the case, all such additional charges shall be

assigned to the court of initial assignment.

E. Once a criminal case is assigned, if it must be reassigned due to a conflict

arising from the sitting judge's previous service as the Prosecuting Attorney in

Clay County, the Clerk shall reassign the case to a Senior Judge. If in these

cases a Senior Judge is unable to serve, and in all other cases, it may be reassigned under Administrative Rule 21 equally and randomly as follows:

1. Any judge or magistrate of the Vigo circuit and superior courts;

2. Any judge or magistrate of the Putnam circuit and superior courts;

3. Any judge of the Owen circuit and superior courts;

4. The judge of the Parke Circuit Court;

5. Any judge or magistrate of the Greene superior and circuit courts;

6. Any judge or magistrate of the Sullivan circuit and superior courts

F. In the event the judge presiding in a felony or misdemeanor case concludes that

special circumstances presented in such proceeding require appointment by the

Indiana Supreme Court of a Special Judge, the presiding judge may request the

Indiana Supreme Court make such appointment.

(Amended, effective January 1, 2026)

LR11-CR-00-1 MINIMUM CRIMINAL BAIL SCHEDULE

Standard minimum bail set in criminal cases shall be as follows:

Felony Classification Cash Amount

For murder or attempted murder, no bail is to be set, except by the Court at the

preliminary hearing.

A or Level 1 and 2 felony offense, $50,000

B or Level 3 and 4 felony offenses $25,000

C or Level 5 felony offense $10,000

D or Level 6 felony offense $7,000

Misdemeanor Classification Cash Amount

A or C OVWI and BAC offenses $7,000

All other A misdemeanor offenses $5,000

B misdemeanor offenses $3,000

C misdemeanor offenses $3,000

Sex Offenses: There shall be no bond until a hearing within 48 hours of arrest

to set conditions. This includes offenses of child molesting, vicarious sexual

gratification, sexual misconduct with a minor, and rape.

The Court may fix a higher or lower bail upon the showing of appropriate

circumstances. All bail fixed pursuant to this schedule shall be reviewed upon

motion of any party. The Court, after a hearing, may consider a security bond or

property bond if circumstances merit.

10% Cash Bond

1. Any person charged with a class D Felony or Level 6 felony offense, or any

misdemeanor shall be entitled to release upon posting 10% cash bond in the

defendant's name with the Clerk or Sheriff, provided the following factors:

2. Have close ties to the community;

3. Have not been previously convicted of a felony or misdemeanor-; - within the

past five (5) years; and

4. Not presently on bond, parole, or probation for any other offenses.

No Contact Provisions

Pursuant to IC. 35-33-8-3.2(a)(4), a person who is arrested for any of the following

offenses shall be held for 12 hours before any release from custody, unless

released sooner pursuant to a court order. The release of the person on bail shall

be conditioned upon the person having no direct or indirect contact with the

alleged victim(s) of the offense(s). During regular business hours of the court, the

Prosecutor, the alleged victim, or the prosecutor's victim's advocate may petition

the Court for a non contact order or ex parte protective order. If a no contact order

is needed outside of the court's regular business hours, the Prosecutor or the

primary investigating law enforcement officer may contact a Judge an request the

release of the arrested person on bond or an oral authorization for a no-contact

order which shall be reduced to a written non­ contact order and submitted to the

Judge on the next business day of the Court. The person to be released shall be

notified of the no-contact conditions of bail with receipt acknowledged by that

person.

12-Hour Hold/No-Contact Offenses

IC 35-42-2- I Battery IC 35-42-2-1.3 Domestic Battery

IC 35-42-2-1 .5 Aggravated Battery IC 35-42-2-2 Crim. Recklessness

IC 35-42-2-3 Provocation IC 35-42-2-6 Battery: Body Waste

IC 35-42-3-2 Kidnapping IC 35-42-3-3 Confinement

IC 35-42-3-4 Custody Interference IC 35-42-4-1 Rape

IC 35-42-4-2 Criminal Deviate IC 35-42-4-5 Vicarious sexual

conduct gratification

IC 35-42-4-4 Child exploitation IC 35-42-4-3 Child molesting

IC 35-42-4-6 Child solicitation IC 35-42-4-7 Child seduction

IC 35-42-4-8 Sexual battery IC 35-42-4-9 Sexual misconduct

IC 35-43-2- I .5 Residential entry IC 35-43-2-2 Criminal trespass

IC. 35-45-2- I Intimidation IC 35-45-2-2 Harassment

IC 35-45- I 0-5 Stalking IC 35-45-4-5 Voyeurism

IC 35-46-1-15 Invasion of privacy IC 35-46-1-3 Incest

Bond Exceptions On Crimes Of Domestic Violence And Sex Offenses

This Bond Schedule shall not be used for, nor be applicable for the following offenses:

1. Sex offenses where bond and no contact conditions are to be determined at a

hearing; and

2. Crimes of "domestic violence" with the element of physical force or the

threatened use of a deadly weapon where a 12-hour hold shall be applied prior to

posting bail.

Sheriff's Discretion To Reduce Bail

The Sheriff of Clay County has the discretion, under circumstances he deems

appropriate, to reduce the amount of bond or release defendant on his own

recognizance; but under no circumstances shall a defendant charged with an alcohol-related offense be released before his blood alcohol level is less than .08% pursuant to

LC. 35-33-1-6.

(Amended effective July, 2014)

LR11-JR2-1 JURY SELECTION AND JURY ADMINISTRATOR

Clay Circuit Court and Clay Superior Court adopt the two-tier notice and summons

procedure in Indiana's Jury Rule 4(b), and pursuant to Indiana Jury Rule 2 appoint the

Clerk of the Clay Circuit and Superior Court as Clay County Jury Administrator.

LR11-TR5-1 SERVICE OF PROCESS IN THE CLAY CIRCUIT AND SUPERIOR COURTS

The Clerk of the Clay Circuit and Superior Courts shall issue initial summons in pro se

small claims, pro se dissolutions of marriage, and pro se proceedings supplemental to

execution exclusively by certified mail, return receipt requested. Further the Clerk shall

issue alias summons in such cases to an address different from the initial exclusively by

certified mail, return receipt requested. The Clerk shall also issue any alias summons to

the initial address to be served by the Clay County Sheriff's Department. Either Judge

may direct the Clerk to vary from this order in any particular case.

LR11-TR5-2 PLEADING FILINGS IN THE CLAY CIRCUIT AND SUPERIOR COURTS

The Clerk of the Clay Circuit and Superior Courts shall receive for filing all pleadings on

all court matters, enter same onto the Chronological Case Summary, and distribute to

the respective Courts all filed pleadings and Orders in a timely fashion, and scan all

pleadings.

Either Judge may direct the Clerk to vary from this procedure in any particular case.

LR11-AR15-1 COURT REPORTER SERVICES

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 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, 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 workweek. Depending on the particular court, these hours

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

workweek.

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 in excess of forty (40) hours

per workweek.

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 Clay County.

11. County indigent transcript means a transcript that is paid for from county funds

and is of 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. Expedited transcript means a transcript which is requested to be

prepared within three (3) working days or less.

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 that 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 maximum per page fee a court reporter may charge for the preparation of a county

or state indigent transcript shall be four dollars and fifty cents ($4.50); the court

reporter shall submit a claim directly to the county for the preparation of any county

indigent transcripts.

3. The maximum per page a court reporter may charge for the preparation of a private

transcript shall be $4.50 per page for a private regular transcript. If a court reporter is

requested to prepare an expedited transcript, the maximum page fee shall be $7.00

when the transcript must be prepared within twenty-four (24) hours or less; $5.50 when

the transcript must be prepared within three (3) working days. The minimum transcript

fee shall be $35.00.

4. In light of the various additional requirements under the new appeal process, the

Court shall provide binders for said transcripts so prepared.

5. In the event a court reporter prepares a transcript using county owned

equipment, the court reporter shall provide the paper at the court reporter's

own expense and provide copies of the transcript using an outside copying

service at the court reporter's own expense.

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

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.

C. Private Practice

1. If a court reporter elects to engage in private practice through the recording of a

deposition and/or preparing of a deposition transcript, and the court reporter

desires to utilize the court's equipment, work space and supplies, and the court

agrees to the use of the court 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, workspace, and

supplies.

b. The method by which records are to be kept for the use of equipment,

work space and supplies; and

c. The method by which the court reporter is to reimburse the court for

the use of the equipment, workspace, 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.

(Amended effective January 1, 2022)

LR11-AR16-1 LATE PAYMENT FEE FOR COURT COSTS, FINES AND CIVIL PENALTIES

Pursuant to Indiana Code 33-37-5-22, the Courts of Clay County adopt a late payment fee in the

sum of twenty-five ($25) for the Defendants who have not tendered timely payment of costs,

fines, or civil penalties.

Definitions

Definition of Defendant. For purposes of this local rule, an individual who has committed a

crime, violated a statute defining an infraction, violated an ordinance of a municipal

corporation or committed a delinquent act, is defined as a “defendant.”

Definition of Costs. For the purposes of this local rule, costs include court costs and fees

assessed by a Court.

Assessment Of Late Payment Fee

A defendant who is required to pay court costs (including fees), a fine, or a civil penalty and

who has not been determined by the Court imposing the costs, fine, or civil penalty to be

indigent shall pay, in addition to costs, fine or civil penalty, a late payment fee in the sum of

$25.00 to the Clerk of the Court if the defendant fails to pay the costs, fine or civil penalty in full

before the later of the following: (a) the end of the business day on which the Court enters the

conviction of Judgement; of (b) the end of the period specified in a payment schedule set for

the payment of the court costs, fines and civil penalties adopted for the operation of the Courts

of Clay County.

Clerk To Assess And Collect Late Payment Fee

When a Defendant meets the criteria described, the Clerk shall assess and collect a late

payment fee in the sum of $25.00, unless the late payment fee is suspended by Court Order.

The Clerk may take all appropriate steps to collect late payment fees, including without

limitation the retention of legal counsel to effectuate collection proceedings.

Court May Suspend Late Payment Fee

The Court that imposed the costs, fine or civil penalty may suspend the late payment fee

required by this Rule if the Court finds that the Defendant has demonstrated good cause for

failure to make a timely payment of the previously assessed costs, the assessment and

collection of the Late Payment Fee.

Interlocal Agreements

Pursuant to IC 33-36-2-5, a County may enter into an interlocal agreement under IC 36-1-7 and

pursuant to IC 33-36-3-7(b)(c). A County that enters into an interlocal agreement with a City or

Town, the sums collected by the violations clerk shall be accounted for and paid as provided in

the interlocal agreement.

The Clay County Clerk is authorized to collect all fees and late payments associated with such

violations enforced by the City of Brazil, Indiana and all towns within Clay County, Indiana.

(Amended effective January 1, 2023)

LR11-PR PROBATE RULES

LR11-PR-1 NOTICE

1.1 Whenever notice by publication and/or written notice by U.S. Mail is required

to be given, the attorney shall prepare such notice and shall ensure that such

notice is properly published and/or served. In all aspects, the notice shall comply

with all statutory requirements. It shall be the attorney's responsibility to

ascertain and provide adequate proof thereof regarding whether notice was

properly served prior to bringing a matter to the Court.

1.2 Copies of Petitions shall be sent with all notices where the hearing involved

arises from the matters contained in the Petition.

LR11-PR-2 FILING OF PLEADINGS

2.1 When pleadings are filed by mail or left with the Court for filing, a self-addressed,

stamped envelope shall be included for return of documents to the attorney,

unless the attorney is local and has a designated receptacle for such filing in the

Circuit Court for use by the Clerk of the Court for this purpose.

2.2 All attorneys shall submit a sufficient number of Orders for all proceedings,

except when expressly directed otherwise by the Court.

2.3 All initial pleadings filed in an Estate shall contain the attorney's name,

address, telephone, and Attorney's Registration Number.

LR11-PR-3 BOND

3.1 In Estates and Guardianships, the fiduciary, prior to the issuance of Letters, shall

file a Corporate Surety Bond, in an amount set by the Court, considering the

following factors:

A. That the Testator, under the terms of the Will expresses an intention that

Bond be waived.

B. That the Fiduciary is an heir or legatee of the Estate, or the sole heir or

legatee.

C. Where all heirs or legatees have filed a written request with the Court that

the Fiduciary serve without bond. Whether the Estate is supervised or

unsupervised.

D. No Bond shall be required in any supervised Estate or Guardianship in

which a Corporate Banking Fiduciary qualified by law as such is either the

Fiduciary or one of several Co-Fiduciaries.

3.2 In lieu of a Bond as required by rule 3.1, a Fiduciary may restrict transfer of all

or part of the Estate or Guardianship liquid assets by placing those assets in a

federally insured financial institution with the following restriction placed on

the face of the account or document:

NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF

THE CIRCUIT COURT OF CLAY COUNTY, INDIANA.

All Petitions to open an Estate or Guardianship shall set forth the probable value of

the personal property, plus the estimated annual rents and profits to be derived from

the property in an Estate or Guardianship, if such information is readily available to

the Petitioner, Personal Representative, or the attorney for the Estate.

LR11-PR-4 INVENTORY

An Inventory shall be filed by the Fiduciary in al Estate and Guardianships as follows:

Estates (supervised and unsupervised), within sixty (60) days; Guardianships within

ninety (90) days of permanent Guardians and within thirty (30) days for temporary

Guardians. All times relate to the date of appointment of the Fiduciary.

LR11-PR-5 REAL ESTATE

5.1 In all Supervised Estates and Guardianships in which real estate is to be sold, the

personal representative shall have filed an Inventory and Appraisement listing the

fair market value of the real estate to be sold.

5.2 All Deeds submitted to the Court for approval in either Estate or Guardianship

proceedings shall be signed by the Fiduciary and the signature notarized prior

to its submission. All such Deeds shall be submitted with the Report of Sale of

Real Estate.

In all Unsupervised Estates in which real estate is distributed to heirs/devisees, the

Deed shall be recorded with the County Recorder by the personal representative

prior to delivery to the Grantee(s), and at the Estate's expense.

LR11-PR-6 ACCOUNTINGS

6.1 All Accountings to the Court shall contain an itemized statement of assets on

hand.

6.2 All Accountings to the Court shall follow the prescribed statutory format.

Informal, handwritten statements and/or Accountings will not be accepted.

Transactional Accountings are acceptable, provided the Fiduciary is a State or

Federally chartered Financial Institution, and that such Institution can provide

details regarding said Accountings, if required by the Court.

6.3 All Court Costs shall be paid on or before any hearing date in any Accounting.

6.4 In lieu of filing vouchers with the Final Account, a statement shall be made in

the Final Account, or by separate Affidavit, that the vouchers are in the

possession of the personal representative and are available for examination

by interested parties.

LR11-PR-7 FEES OF ATTORNEYS AND FIDUCIARIES

7.1 The Court, in approving attorney fees for estates and guardianships, will

determine whether the attorney fees are just reasonable in accordance with

Indiana statutory and case law. Among the factors the Court may consider are:

A. The time and labor required; the novelty, complexity, or difficulty of the

questions involved; the skill required to perform the services properly and

shall include a determination as to how much of the Attorney's time was

devoted to legal matters and how much of it was devoted to ministerial

functions.

B. The nature and extent of the responsibilities assumed by the Attorney, and

the results obtained, shall include the considerations of the identity of the

personal representative and the character of the Probate and non-Probate

transferred assets.

C. The sufficiency of assets properly available to pay for legal services and

shall consider whether the Attorney's duties are expanded by the existence

of non-Probate assets because of their inclusion for Tax purposes, both

Federal and State.

D. The timeliness with which the necessary services are performed is consistent

with statutory requirements, the Court's Rules of Procedure, and the Rules of

Professional Conduct applicable thereto.

In considering all of these factors, all Attorneys are urged to discuss their fee and

that of the Personal Representative at the time they are retained, in all Probate

matters.

7.2 The Court reserves the right to approve or disapprove any fee contracts.

LR11-PR-8 UNSUPERVISED ESTATES

8.1 Whenever deemed practical, Unsupervised Administration shall be used.

LR11-PR-9 GUARDIANSHIPS

9.1 If guardianship is predicated upon incapacity, other than minority, or if the

alleged incapacitated person will not be produced in Court, a Guardian Ad

Litem shall be appointed, unless (1) said person will be represented by counsel,

or (2) represented by another person acting under a properly executed Power

of Attorney, which Power was given before the onset of the incapacity.

If the incapacity is predicated solely upon minority, and any of the provisions of IC.

29-3-2-3(b) will not be met, a Guardian Ad Litem shall be appointed.

LR11-PR-10 APPLICABILITY

If at any time a statutory provision or Rule of the Indiana Supreme Court is adopted,

which conflicts with these Local Rules, the Local Rules shall be deemed to have been

superseded as to any such portion in conflict with said other statutory provisions or

Supreme Court Rules.

LR11-AR01-2 CASELOAD ALLOCATION

A. Criminal cases shall be filed pursuant to LR11-CR2.4-2 and as follows:

1. Murder and A, B, and C, and Level 1,2,3, and Level 4

felony cases: The Clerk shall equally assign and allocate

between the Clay Circuit Court and the Clay Superior Court

criminal cases identified as murder (MR); and all felonies

filed as A(FA), B(FB) and C(FC), as well as designations for

Level 1,2,3 and 4 Felonies; except that no Felony cases

involving Operating under the influence of alcohol and/or

drugs and driving above the legal limit shall be filed in the

Clay Circuit Court.

2. D felony cases and Level 5 and 6 Felony offenses: The Clerk

shall equally assign and allocate between the Clay Circuit

Court and the Clay Superior Court all criminal cases

identified as D Felonies (FD) as well as Level 5 and Level 6

felony offenses; except that no Felony cases involving

Operating under the influence of alcohol and/or drugs and

driving above the legal limit shall be filed in the Clay Circuit

Court.

3. Post-Conviction Relief Cases: The Clerk shall assign and

allocate any post-conviction relief cases to the original court

of criminal jurisdiction for which the post-conviction relief is

based; however, the Clerk shall assign a civil cause number

to the Post-Conviction Relief cases.

4. A, B and C Misdemeanor cases: All misdemeanor cases

shall be assigned to the Clay Superior Court if the highest-

level charge filed is a misdemeanor.

5. Miscellaneous Criminal Cases: The Clerk shall equally assign

and allocate between the Clay Circuit Court and Clay

Superior Court all criminal cases identified as miscellaneous

criminal (MC) and criminal red flag (RF).

B. Traffic and Ordinance Violation cases: The Clerk shall assign all

cases designated traffic (IF) and ordinance violation (OV) to the

Clay Superior Court.

C. Juvenile Cases: The Clerk shall assign all cases designated

juvenile cases identified as JC, JD, JM, JS, JP, and JT to the Clay

Circuit Court.

D. Estate/Guardianship/Trusts/Adoption: The Clerk shall assign

all cases designated as estate (ES, EU, and EM), guardianship

(GU), trusts (TR) and adoption (AD and AH) to the Clay Circuit

Court.

E. Other Civil cases shall be filed as follows:

1. The Clerk shall equally assign and allocate between the Clay

Circuit Court and the Clay Superior Court other civil cases

identified as mortgage foreclosure (MF), eviction (EV), civil

collection (CC), dissolution of marriage/separation (DR,

grandparent visitation (GV), miscellaneous civil (MI), court

business (CB), mental health (MH), and civil red flag (RF),

and judicial review of administrative agency decisions (RA).

2. The Clerk shall assign all plenary (PL) and commercial court

eligible (CE) cases to the Clay Superior Court arising out of

counterclaims initially filed in the small claims division of

the Clay Superior Court.

3. The Clerk shall assign and allocate civil cases identified as

civil tort (CT) as follows:

A. Two-thirds to Clay Circuit Court;

B. One-third to the Clay Superior Court

4. The Clerk shall assign all cases identified as reciprocal

support (RS) to the Clay Circuit Court.

5. The Clerk shall assign all cases identified as small claims

(SC), including small claims eviction cases (EV), to the Clay

Superior Court.

6. All adult protective orders (PO) shall be assigned to the

Clay Superior Court.

7. This rule does not preclude the following findings in the

Clay Circuit Court. Petitions for protective orders (PO)

cause numbers when litigation between the same parties

is pending in the Clay Circuit Court. All Felonies (MR, F1,

F2, F3, F4, and F5) cause numbers when the same

Defendant has a more serious criminal charge pending in

either of the Clay Circuit Court or Clay Superior Court than

in that event a new charge shall be filed in the Court with

pending more serious charges.

8. As in the past, the, Clay County Judges shall continue to

cooperate with one another to insure the effective and

efficient administration of justice by assisting one another

with hearings, should they be available to do so.

(Amended effective January 1, 2026)

LR11-TR79-01 Selection of a Special Judge Pursuant to TR 79(H)

A. The Presiding Judge in Administrative District 19 shall administer reassignment of

cases pursuant to T.R. 79(H). The Presiding Judge shall be selected from the sitting

Judges and Magistrates in District 19. The initial Presiding Judge's term shall

commence April 1, 2013, and terminate December 31, 2013. All subsequent terms

shall be for a calendar year. Should the Presiding Judge leave the bench during the

term, a successor Judge shall be selected to fulfill the balance of that term as well as

the entirety of the next term. A Judge may not refuse to serve as Presiding Judge.

B. During his or her term of service, the Presiding Judge shall maintain a record of the

cause number of each case certified for reassignment and appointment of a special

judge, the Judge who certified the case, and the Judge to whom the case was

reassigned. The Presiding Judge shall submit a written semi-annual report to all

District 19 Judges and Magistrates no more than ten (10) days following the end of

the first and third quarters of each calendar year. The Presiding Judge may assign

administrative duties to local court support staff to assist in fulfilling these

responsibilities. The Presiding Judge shall transfer the records maintained during his

or her term of service to the succeeding Presiding Judge.

C. Pursuant to Trial Rule 79(H), the District Judges and Magistrates shall certify to the

Presiding Judge cases for reassignment and special judge appointment. The

certification shall include a prepared order of appointment, as exhibited in Appendix

A. When the Presiding Judge receives a certification requiring reassignment, the

Presiding Judge shall appoint a full-time judicial officer in the following manner:

1. At the beginning of each calendar year, the Presiding Judge shall create a list of

full-time judicial officers in District 19. The District will follow the principle that

each full-time judicial officer will receive a new case for each case from which he

or she has been removed- a one­ off, one-on formula. Upon receiving a

certification, the Presiding Judge shall assign the case to the first eligible full-time

judicial officer on the list.

The order of appointment shall be filed in the court where the case originated. The

order of appointment shall constitute acceptance, and neither oath nor additional

evidence of acceptance is required.

D. A Senior Judge may elect to participate in District 19 special judge selection by

submitting a written petition to the Presiding Judge no later than January 15 of any

calendar year indicating that the Senior Judge wishes to participate during the year.

E. When a full-time judicial officer vacates the bench and is certified as a Senior

Judge that judicial officer shall retain jurisdiction of all previously existing Special

Judge Cases as provided by Administrative Rule 5. In the event the full-time

judicial officer vacates the bench and is not certified as a Senior Judge or is

unavailable as indicated under Trial Rule 79(L), then the successor full-time judicial

officer shall assume jurisdiction over all previous Special Judge Cases of the

vacating full-time judicial officer. The county's judicial personnel shall first attempt

to absorb conflicts of interest of the Successor Judge within the county without

undue hardship.

F. If no full-time judicial officer is eligible to serve as a Special Judge, or if the Presiding

Judge determines the selection of a Special Judge by the Indiana Supreme Court is

warranted under the particular circumstances of a case, the Presiding Judge shall

certify the case to the Indiana Supreme Court for appointment of a Special Judge.

(Amended effective January 1, 2026)