Ind. County Local Rule: clinton-local-rules

CLINTON COUNTY LOCAL COURT RULES

TABLE OF CONTENTS

LR12 – AR1(E) - RULE 01 FILING OF CRIMINAL CASES

LR12 - AR21 - RULE 02 SPECIAL JUDGE IN CRIMINAL CASES, POST-CONVICTION

PROCEEDINGS, INFRACTIONS, AND ORDINANCE VIOLATIONS

LR12 - AR1(E) - RULE 03 FILING OF CIVIL CASES

LR12 - TR79 - RULE 04 COORDINATED LOCAL RULE ON SELECTION OF SPECIAL JUDGE IN

CIVIL CASES

LR12 - TR79 - RULE 05 SPECIAL JUDGE IN SMALL CLAIMS CASES, PROTECTION ORDER

CASES, INFRACTION CASES, EVICTION CASES, AND JUVENILE

DELINQUENCY CASES

LR12 - TR63 - RULE 06 TEMPORARY JUDGES

LR12 - CR00 - RULE 07 AUTOMATIC DISCOVERY IN CRIMINAL CASES

LR12 - AR15 - RULE 08 COURT REPORTER SERVICES

LR12 - JR04 - RULE 09 JUROR SUMMONING

as amended January 1, 2026

LR12 - AR1(E) - RULE 01

FILING OF CRIMINAL CASES

1.10 As required by Administrative Rule 21 and subject to approval by the Indiana Supreme

Court, Clinton Circuit Court and Clinton Superior Court adopt the following Local Rule by which

felony and misdemeanor cases are assigned to each court:

1.20 General Provisions. Except as provided by LR12 – AR 1(E) - Rule 1.30, misdemeanor

cases shall be assigned on a monthly rotating basis according to the month in which the crime is

alleged to have occurred, with cases occurring in odd-numbered months assigned to Superior

Court and cases occurring in even-numbered months assigned to Circuit Court. Except as

provided by LR12 - CR2.2 - Rule 1.30, felony cases shall be assigned on a monthly rotating basis

according to the month in which the crime is alleged to have occurred, with cases occurring in

even-numbered months assigned to Superior Court and cases occurring in odd-numbered

months assigned to Circuit Court.

1.30 Exceptions.

a. Cases involving crimes at I.C. 20-33-2 (compulsory school attendance) shall be

assigned to Circuit Court.

b. Cases involving crimes at I.C. 35-46-1-5, I.C. 35-46-1-6, and I.C. 35-46-1-7 (non

support) shall be assigned to the Court that issued the support order. If the case will be filed

based on multiple support orders, or if the support order was issued in another jurisdiction, or

if the case will be filed based on any other basis, the case shall be assigned to Circuit Court.

1.40 Application of Assignment Rules. Where multiple offenses are filed, the most serious

offense shall control the court assignment. Where multiple offenses are filed, the date of the

earliest offense shall control the court assignment. Should the month of the offense be

unknown, the case shall be assigned according to the year of the offense, with odd-numbered

cases assigned to Circuit Court and even-numbered cases assigned to Superior Court. Where

the foregoing rules still do not define a court for assignment, a felony case shall be assigned to

Circuit Court and a misdemeanor case shall be assigned to Superior Court.

1.50 Added Charges. In the event additional related charges are filed against a defendant

after a court has been assigned, such additional charges shall be filed in the same court where

the case is pending.

LR12 - AR21 - RULE 02

SPECIAL JUDGE IN CRIMINAL CASES, POST-CONVICTION PROCEEDINGS, INFRACTIONS,

AND ORDINANCE VIOLATIONS

2.10 As required by Rules 2.2, 12, and 13 of the Indiana Rules of Criminal Procedure and

subject to approval by the Indiana Supreme Court, Clinton Circuit Court and Clinton Superior

Court adopt the following local rule concerning the reassignment of cases and also the

appointment of special judges.

2.20 Reassignment and Transfer of Cases by Agreement of the Courts. A judge of either

court may reassign a case to the judge of the other court for any reason, including to balance

caseload among the courts, alleviate congestion, avoid a potential conflict of interest, or avoid

delay due to a judge’s temporary absence, subject to acceptance by the receiving judge. The

judge receiving a request may:

a. refuse reassignment;

b. agree to sit as judge in the case for a temporary period; or

c. accept reassignment to the other court by entry of an order directing the clerk to

assign a new cause number.

2.30 Appointment of Special Judge. Upon granting of a change of judge, disqualification, or

recusal of judge, the case shall be reassigned to the other court, and the judge of the other

court shall accept reassignment unless disqualified or ineligible for service, in which case a

special judge shall be selected on a rotating basis from an alternate appointment list

maintained by each court that shall include:

a. Judge of the Boone Circuit Court;

b. Judge of the Boone Superior Court 1;

c. Judge of the Boone Superior Court 2;

d. Judge of the Carroll Circuit Court;

e. Judge of the Carroll Superior Court; and

f. Judge of the Tipton Circuit Court.

2.40 Appointment by Indiana Supreme Court. In the event no judge is available for

reassignment of a criminal case, such case shall be certified to the Indiana Supreme Court for

appointment of a special judge. In the event the presiding judge in a criminal case concludes

that the unique circumstances presented in such proceeding require appointment of a special

judge, the presiding judge may request that the Indiana Supreme Court make such an

appointment.

LR12 - AR1(E) - RULE 03

FILING OF CIVIL CASES

3.10 General Provisions. All small claims cases, infraction cases, eviction cases, and

ordinance violations shall be filed in the Superior Court. All juvenile cases (Child in Need of

Services, Termination of Parental Rights, and miscellaneous) shall be filed in the Circuit Court.

Unless governed separately by statute or Indiana Rules of Court, other civil cases, including

dissolutions of marriage and paternity cases, shall be filed in the Court designated by the filing

party, except as provided in LR12 - AR1(E) - Rule 3.20.

3.20 Exceptions.

a. A petition to expunge or seal a Clinton County criminal conviction shall be filed in

the court where the conviction order was issued; however, if the petitioner seeks to expunge

more than one conviction, the petition shall be filed in the Court where the most recent

conviction occurred.

b. A petition for issuance of a Protection Order shall be filed in the court having

jurisdiction over a divorce or paternity case involving the same parties.

c. A petition for issuance of a Protection Order filed against a respondent who is

under the age of eighteen (18) years shall be filed in the Clinton Circuit Court.

d. Any other petition for issuance of a Protection Order shall be filed in the Clinton

Superior Court.

e. A petition for issuance of specialized driving privileges shall be filed in the Clinton

Superior Court.

f. A petition to waive BMV reinstatement fees shall be filed in the Clinton Superior

Court.

g. A petition for Tax Sale and any Petition for Issuance of a Tax Deed shall be filed in

the Clinton Superior Court.

LR12 - TR79 - RULE 04

COORDINATED LOCAL RULE ON

SELECTION OF SPECIAL JUDGE IN CIVIL CASES

4.10. Pursuant to Trial Rule 79(H) of the Indiana Rules of Trial Procedure, the Circuit and

Superior Courts of Clinton County, in conjunction with the other Courts of Administrative

District 12 (Boone County, Hamilton County, and Tipton County, Indiana), have adopted the

following rule to establish procedures for the selection of special judges in civil cases:

4.20. A change of judge or an order of disqualification in a small claims case, protection order

case, infraction case, or juvenile delinquency case shall first be addressed through LR12 - TR79 -

Rule 05.

4.30. Within seven (7) days of the notation in the Chronological Case Summary of an order

granting a change of judge or an order of disqualification, the parties pursuant to Trial Rule

79(D) may agree to any judge eligible under Trial Rule 79(J).

4.40. If a special judge is required to be selected under Trial Rule 79(H) then the special judge

shall be selected as follows:

4.40.10. If the case was originally filed in a court of record in Hamilton County, then the judge

will be selected randomly from among the regular judges and full time judicial officers of

Hamilton County subject to all existing local rules regarding case allocation and transfer.

4.40.20. If the case was originally filed in a court of record in Boone, Clinton, or Tipton County,

then the judge will be selected on a rotating basis from among the regular judges of those

counties subject to all local rules in each individual county regarding case allocation and

transfer.

4.40.30. If for any reason a judge cannot be selected by the above methods then the special

judge shall be selected on a rotating basis from among all the regular judges of the District not

already disqualified.

4.50. A special judge selected under 4.40 must accept jurisdiction unless disqualified pursuant

to The Code of Judicial Conduct or excused from service by the Indiana Supreme Court. The

Administrator of Courts for Hamilton County shall maintain a list of the judges eligible for

selection under 4.40.20 and a list of the judges eligible for selection under 4.40.30 and shall be

contacted by the selecting court each time a judge must be selected from one of those lists.

The Administrator of Courts shall provide the name of the next judge on the appropriate list

upon a request from the selecting court and then strike the name of the judge selected from

that list. The judge selected in this manner shall not be eligible to be selected again from the

same list until all other judges have been selected from that list except as required to avoid

certification to the Supreme Court.

4.60. In the event that no judicial officer within Administrative District 12 is eligible to serve as

special judge or the particular circumstance of the case warrants selection of a special judge by

the Indiana Supreme Court, the judge of the Court in which the case is pending shall certify the

matter to the Indiana Supreme Court for appointment of a special judge.

LR12 - TR79 - RULE 05

SPECIAL JUDGE IN SMALL CLAIMS CASES, PROTECTION ORDER CASES,

INFRACTION CASES, EVICTION CASES, AND JUVENILE DELINQUENCY CASES

5.10. For the orderly and prompt administration of small claims cases, protection order cases,

infraction cases, eviction cases, and juvenile delinquency cases, these rules shall govern in the

event of an order granting a change of judge or an order of disqualification in a small claims

case, a protection order case, an infraction case, or a juvenile delinquency case.

5.20. In the event of an order granting a change of judge or an order of disqualification in a

small claims case, a protection order case, an infraction case, an eviction case, or a juvenile

delinquency case, and no special judge agreement is submitted pursuant to Trial Rule 79(D),

then the judge of the other court in Clinton County shall serve as judge.

5.30. In the event that the judge of the other court in Clinton County is unwilling or unable to

serve as judge in the case, then selection of a special judge shall be pursuant to LR12 - TR79 -

Rule 04, omitting from the list of judges in Clinton County.

LR12 - TR63 - RULE 06

TEMPORARY JUDGES

6.10. Each regular sitting judge shall be empowered to act as a temporary judge of the other

Court for all types of cases in the absence or unavailability of the regular sitting judge of the

other Court or for any other reason.

6.20. As needed, a regular sitting judge may appoint one or more pro tempore judges to serve

in the event of his temporary unavailability and the unavailability of the other judge.

6.30. Where a pro tempore judge or the other regular sitting judge sits as judge for a

temporary period, the judge of the court where the case is pending retains jurisdiction and may

resume sitting as judge for all proceedings without any formal order discontinuing the

temporary judge’s service.

LR12 - CR00 - RULE 07

AUTOMATIC DISCOVERY IN CRIMINAL CASES

7.10 General Provisions.

a. 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 limitations 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.

b. No written motion is required, except:

(1) To compel compliance under this Rule;

(2) For additional discovery not covered under this Rule;

(3) For a protective order seeking exemption from the provisions of this Rule; or

(4) For an extension of time to comply with this Rule.

c. 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.

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

extended for good cause shown.

e. 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 dates,

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.

7.20 State Disclosures.

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

possession or control:

(1) 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 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;

(2) 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;

(3) 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 a

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

order requiring their preparation;

(4) 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;

(5) 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

(6) 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.

b. 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).

c. 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.

7.30 Defendant Disclosures.

a. 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:

(1) 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 any attorney for any

party advises the court in writing that an opposing attorney has refused or

delayed meeting and discussing the issue of the witness address disclosure, the

court may take such action as is appropriate.

(2) Any books, papers, documents, photographs, or tangible objects the

defense intends to use as evidence at any trial or hearing;

(3) Any medical, scientific, or expert witness evaluations, statements,

reports, or testimony which may be used at any trial or hearing;

(4) Any defense, procedural or substantive, which the defendant intends

to make at any hearing or trial; and

(5) 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.

b. After the formal charge has been filed, upon written motion by the State, the

court may require the accused, among other things, to:

(1) Appear in a line-up;

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

(3) Be fingerprinted;

(4) Pose for photographs not involving re-enactment of a scene;

(5) Try on articles of clothing;

(6) Allow the taking of specimens of material from under his/her fingernails;

(7) Allow the taking of samples of his/her blood, hair, and other

materials of his/her body that involve no unreasonable intrusion;

(8) Provide a sample of his/her handwriting; and

(9) Submit to a reasonable physical or mental examination.

c. 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 appearance for such purposes in an order admitting the accused to bail or

providing for his/her release.

7.40 Additions, Limitations, and Protective Orders.

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

the court, in its discretion, may require additional disclosures 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.

(1) 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;

(2) 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

(3) Any matters protected by law.

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.

7.50 Duty of Supplemental 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.

7.60 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. These sanctions may include, but are not limited to,

the exclusion of evidence at a trial or hearing.

LR12 - AR15 - RULE 08

COURT REPORTER SERVICES

8.10 General Provisions. The Clinton Circuit Court and Clinton Superior Court comprise all of

the courts of record of Clinton County, Indiana and hereby adopt the following local rule by

which court reporter services shall be governed.

8.20 Definitions. The following definitions shall apply under this local rule:

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.

b. Equipment means all physical items owned by the court or other governmental

entity and used by a court reporter in performing court reporter services. Equipment shall

include, but not be limited to, telephones, computer hardware, software programs, disks,

tapes, and any other devices used for recording and storing, and transcribing electronic data.

c. 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.

d. Page means that page unit of transcript which results when a recording is

transcribed in the form required by Indiana Rule of Appellate Procedure 7.2.

e. Recording means the electronic, mechanical, stenographic, or other recording

made as required by Indiana Rule of Trial Procedure 74.

f. 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.

g. 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.

h. Overtime hours worked means those hours worked in excess of forty (40) hours

per work week.

i. 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 through Thursday.

j. Court means the particular court for which the court reporter performs services.

Court may also mean all of the courts in Clinton County.

k. 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.

l. 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.

m. Private transcript means a transcript, including but not limited to a deposition

transcript, that is paid for by a private party.

8.30 Salaries. 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. Salary does not include transcription fees. The

supervising court shall enter into a written agreement with the court reporter which outlines

the manner in which the court reporter is to be compensated for gap and overtime hours by

monetary pay or compensatory pay. Should court reporters work over (forty) 40 hours in one

week on regular court business, they should be paid time and a half or receive and one and

one-half times overtime worked. The Council has requested a 35 hour work week.

8.40 Fees for Private Transcript. The maximum per page fee a court reporter may charge for

the preparation of a private transcript shall be as follows:

a. $6.00 generally.

b. $7.00 for transcription of older cases. Older cases are those cases in which the

hearing was held in excess of four (4) years prior to the date the transcription is requested.

c. $8.00 for expedited transcripts. Expedited transcripts are those transcripts

which are requested to be completed within seven (7) days.

8.50 Fees for County Indigent Transcript. The maximum per page fee a court reporter may

charge for the preparation of a county indigent transcript shall be $6.00; the court reporter

shall submit a claim directly to the county for the preparation of county indigent transcripts.

8.60 Fees for State Indigent Transcript. The maximum per page fee a court reporter may

charge for the preparation of a state indigent transcript shall be $6.00.

8.70 Reporting. Each court reporter shall report, at least on an annual basis, all transcript

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

Indiana Office of Judicial Administration. The reporting shall be made on forms prescribed by

the Indiana Office of Judicial Administration.

8.80 Private Practice. If a court reporter elects to engage in private practice through the

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

desires to utilize the court’s equipment and work space, and the court agrees to the use of the

court equipment for such purpose:

a. The court reporter shall provide his/her own supplies; and

b. The court reporter shall maintain records regarding use.

c. Preparation of a private practice deposition transcript shall be conducted outside

of regular working hours.

d. The court reporter may charge a $25.00 deposition sit fee while engaged in

private practice, and such fee shall be waived by the court reporter if the deposition begins not

later than thirty (30) minutes after the date and time for the scheduled deposition. The sit fee

will remain due and owing if the deposition is canceled by either party without advance notice

to the court reporter.

LR12 - JR04 - RULE 09

JUROR SUMMONING

9.1 Juror Summoning. Pursuant to Indiana Jury Rule 4, Clinton Circuit Court and Clinton

Superior Court adopt the Single Tier Notice and Summons Procedure for summoning jurors.

Accordingly, the jury administrator and/or Court shall send a summons at the same time the

Jury Qualification Form and Notice is mailed, which shall be at least six weeks before jury

service.