Ind. County Local Rule: decatur-local-rules

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IN THE CIRCUIT AND SUPERIOR COURTS

DECATUR COUNTY, STATE OF INDIANA

Local Court Rules

(Updated January 1, 2025)

TABLE OF CONTENTS

LR16-TR63-1 Authority to Sit in Other Court........................................................................ 2

LR16-TR79-1 Selection of Special Judges in Civil Cases...................................................... 2

LR16-CR00-1 Late Payments................................................................................................. 2

LR16-CR00-2 Bail Schedule................................................................................................... 3

LR16-JR4-1 Jury Notice and Selection................................................................................ 5

LR16-FL00-1 Dissolution Education Workshop.................................................................... 5

LR16-AR00-1 Civil Case Filings............................................................................................ 5

LR16-AR00-2 Problem-Solving Court Fees........................................................................... 5

LR16-AR7-1 Evidence Retention, Handling, and Destruction............................................. 6

LR16-AR15-1 Court Reporter Services.................................................................................. 7

LR16-AR19-1 Courthouse Security...................................................................................... 10

LR16-AR21-1 Criminal Case Filings and Reassignment...................................................... 11

LR16-TR63-1 Authority to Sit in Other Court

The judges of the Decatur Circuit Court and Decatur Superior Court may sit as acting judge in

any matter in the other court as if the judge were the elected judge of that court. The authority

to act in the other court is present even when the elected judge of the other court is present and

available in the building that contains the court.

LR16-TR79-1 Selection of Special Judges in Civil Cases

When a special judge must be appointed pursuant to Trial Rule 79(H), the other Decatur County

Judge shall be appointed as special judge. In the event that the other Decatur County Judge has

previously recused or is not eligible to serve pursuant to the Code of Judicial Conduct, the judges

of the following courts shall be eligible for appointment on a rotating basis: Jennings Circuit

Court, Jennings Superior Court, Jennings County Magistrate, Bartholomew Circuit Court,

Bartholomew Superior Court No. 1, Bartholomew Superior Court No. 2, Bartholomew Superior

Court No. 2 Magistrate, Rush Circuit Court, Rush Superior Court, Franklin Circuit Court No. 1,

Franklin Circuit Court No. 2, Brown Circuit Court, Brown Circuit Court Magistrate, Jackson

Circuit Court, Jackson Superior Court No. 1, and Jackson Superior Court No 2. All of the above-

named judges are within Administrative District 21 or are from a contiguous county and have

agreed to serve as a special judge in the court where the case is pending.

When, under this rule, 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, the presiding judge

shall certify the case to the Indiana Supreme Court for the selection of a special judge.

(Amended effective January 1, 2025)

LR16-CR00-1 Late Payments

(A) In any action in which a defendant is found to have:

(1) committed a crime;

(2) violated a statute defining an infraction;

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

(4) committed a delinquent act;

if the defendant has not been determined to be indigent and the defendant fails to pay court

costs, a fine, or a civil penalty in full by the date set by the court, there shall be imposed a late

payment fee of Twenty-Five Dollars ($25.00) pursuant to IC 33-37-5-22, which shall be paid in

addition to the costs, fine, or penalty.

(B) The court may suspend a late payment fee if the court finds that the defendant has

demonstrated good cause for failure to make a timely payment.

(Effective May 1, 2009)

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LR16-CR00-2 Bail Schedule

Pursuant to Indiana Code 35-33-8-4 and Indiana Criminal Rule 26, the Decatur Circuit Court

and Decatur Superior Court issue the following local rule establishing the amount and

conditions of bail for persons charged with criminal offenses.

(A) GENERAL PROVISIONS

(1) This bail schedule is a preliminary setting that is subject to review and

modification by the court in individual cases at any time.

(2) A person who is on pre-trial release for a pending criminal case, is on probation,

or is on community corrections, shall not be released, and bail shall be set by the

court after a hearing.

(3) For persons who are legal residents of Indiana, bail amounts may be posted by

paying ten percent (10%) of the bail amount in cash.

(4) For persons who are legal residents of other states, bail amounts may only be

posted by means of a commercial surety bond from a surety company.

(5) For persons who are foreign nationals, bail amounts may only be posted by

paying the full bail amount in cash.

(6) In addition to the stated bail amount, the person must pay the $5.00 Special Death

Benefit Fee required by Indiana Code 35-33-8-3.2(d)(1).

(7) If a person posts bail by paying ten percent (10%) cash, the person shall also pay

an administrative fee of ten percent (10%), but not to exceed fifty dollars

($50.00), as permitted by Indiana Code 35-33-8-3.2(a)(2)(B).

(8) A person who pays ten percent (10%) by means of a credit card must also pay the

credit card service fee as permitted by Indiana Code 33-37-6.

(9) At the time of his release, the person shall provide a present mailing address,

telephone number, social security number, and date of birth. Failure to provide

the required information shall result in the person being held until bail is set after

a hearing.

(B) SPECIAL OFFENSE PROVISIONS

(1) Crimes Committed Against a Family or Household Member (IC 35-33-8-

6.5). A person may not be released on bail for at least twenty-four (24) hours

from the time of the person’s arrest if the person is arrested for one (1) or more of

the following offenses committed against a family or household member: a crime

of domestic violence, Battery, Domestic Battery, Aggravated Battery,

Strangulation, Rape, Sexual Battery, Invasion of Privacy, Criminal Stalking,

Criminal Recklessness, Criminal Confinement, Burglary, and Residential Entry.

(2) Sex Offenses. A person charged with child molesting in violation of

Indiana Code 35-42-4-3, child solicitation in violation of Indiana Code 35-42-4-

6, or who is a “Sexually Violent Predator Defendant” as defined in Indiana Code

35-38-1-7.5 or Indiana Code 11-8-8-5, may not be released until bail is set at a

hearing held in conformance with Indiana Code 35-33-8-3.5(c).

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(3) Crimes of Violence (IC 35-33-8-3.6). A person released prior to his initial

hearing who is charged with committing a violent crime, as defined in Indiana

Code 5-2-6.1-8, is prohibited from having contact with the alleged victim for ten

(10) days after release or until the initial hearing, whichever occurs first. At the

initial hearing, the court may reinstate or modify the no contact order.

(4) Intoxication. No person shall be released, regardless of the other

provisions of this bail schedule, unless the person clearly manifests a state of

sobriety at the time the provisions of this bail schedule would otherwise permit

release.

(a) A person who is under the influence of alcohol or controlled

substances shall be held in custody until such time as the Sheriff of

Decatur County determines, at his discretion, that the person may be

released without danger to himself or others.

(b) If the person’s blood alcohol content is known, the person shall be

held, at a minimum, for the period of time specified in Indiana Code 35-

33-1-6.

(5) Resisting Law Enforcement. A person charged with Resisting Law

Enforcement in violation of Indiana Code 35-44.1-3-1 may not be released until

bail has been set by the court after a hearing.

(C) FELONY OFFENSES. For all felony offenses, bail shall be set by the court after a

hearing.

(D) MISDEMEANOR OFFENSES

(1) For the following misdemeanor offenses, bail shall be set by the court

after a hearing:

(a) Battery (Indiana Code 35-42-2-1),

(b) Domestic Battery (Indiana Code 35-42-2-1.3), and

(c) Invasion of Privacy (Indiana Code 35-46-1-15.1).

(2) For the following misdemeanor offenses, bail shall be $3,000:

(a) Operating a Vehicle with a Specified Amount of Alcohol or

Controlled Substance (Indiana Code 9-30-5-1),

(b) Operating a Vehicle While Intoxicated (Indiana Code 9-30-5-2),

(c) Criminal Recklessness (Indiana Code 35-42-2-2),

(d) Resisting Law Enforcement (Indiana Code 35-44.1-3-1), and

(e) Dealing in Marijuana (Indiana Code 35-48-4-10).

(3) For all other misdemeanors not specified herein, the person shall be

released on his own recognizance.

(Amended effective January 1, 2025)

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LR16-JR4-1 Jury Notice and Selection

The Decatur Circuit Court and Decatur Superior Court adopt Indiana Jury Rule 4B as the

method for notice of selection for jury pool and summons for jury service.

LR16-FL00-1 Dissolution Education Workshop

Pursuant to I.C. 31-15-9-1, the Court finds that parties to a dissolution proceeding with

minor unemancipated children can benefit from participation in a dissolution education

workshop. The purpose of the workshop is to encourage mediation and cooperation between the

parties, develop an understanding of the emotional and psychological impact on children of

divorce and to explain successful techniques for dealing with the potential problems experienced

by children during the dissolution process.

Therefore, in all dissolution actions where there are minor unemancipated children, the

parties are ordered to attend a dissolution education workshop and file proof of attendance with

the court.

Attorneys representing petitioners are ordered to give a copy of this Rule to their clients

and the Decatur County Clerk shall furnish a copy to any pro se petitioners and attach a copy to

the summons to be served on all respondents.

LR16-AR00-1 Civil Case Filings

Civil cases with the following case types shall be filed in the Decatur Circuit Court: DC, DN,

AD, ES, EU, EM, GU, GM, TR, JC, JD, JS, JT, JP, JM, JQ, RS, TS, TP, and RF. Civil cases

with the following case types shall be filed in the Decatur Superior Court: PL, CT, MI, IF, OV,

OE, CC, MF, SC, EV, and PO. All civil cases with case types not specified herein may be filed

in either court. A case with any case type may be transferred from one court to the other court,

subject to acceptance by the receiving court.

(Amended effective January 1, 2025)

LR16-AR00-2 Problem-Solving Court Fees

Those persons directed to participate in the Decatur County Wellness Court shall pay to Decatur

County Community Corrections the following fees in accordance with Indiana Code 33-23-16-

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(A) Administrative Fee of $100.00, and

(B) Monthly Problem-Solving Court Services Fee of $30.00.

(Effective June 12, 2023)

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LR16-AR7-1 Evidence Retention, Handling, 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) Retention Periods for Civil Cases, Including Adoption, Paternity, and Juvenile

Proceedings. All models, diagrams, documents, or material admitted in evidence or pertaining to

the case placed in the custody of the court reporter as exhibits shall be taken away by the parties

offering them in evidence, except as otherwise ordered by the Court, four (4) months after the

case is decided unless an appeal is taken. If an appeal is taken, all such exhibits shall be retained

by the court reporter for two (2) years from termination of the appeal, retrial, or subsequent appeal

and termination, whichever is later.

The Court reporter shall retain the mechanical or electronic records or tapes, shorthand or

stenographic notes as provided in Indiana Administrative Rule 7.

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

C Felonies and Attempts. 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 postconviction

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.

(C) Retention Periods for Evidence Introduced in Criminal Class B and A 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.

(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

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Administrative Agency during the appeal. Such exhibits shall be briefly identified in the

Transcript where they were admitted into evidence. Photographs of any exhibit may be included

in the volume of documentary exhibits.

Under no circumstances should drugs, currency, or other dangerous or valuable items be

included in appellate records.

(E) Disposition. In all cases, within thirty (30) days following the expiration of the applicable

retention period, the parties shall take away all evidence that is in the custody of the court reporter.

At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving

and removing the evidence, 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 by the parties. The sheriff should be ordered to destroy evidence if its possession is illegal

or if it has negligible value. Evidence of some value should be auctioned by the sheriff with

proceeds going to the county general fund. These Rules and their retention periods will take

precedence over inconsistent language in statutes. Indiana Code § 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.

(Adopted October 28, 2010, effective January 1, 2011)

LR16-AR15-1 Court Reporter Services

The Courts of Decatur County adopt Model Option Three under Administrative Rule Fifteen

and elect to procure certain court reporter services by Transcription Service Agreement.

The court reporters shall be responsible for filing the transcript with the Clerk of the Decatur

Circuit Court and for providing notice of filing as provided in Appellate Rule 11(A). The court

reporters shall be responsible for preparing exhibits and the exhibit index as provided in

Appellate Rule 29.

As provided in Trial Rule 74(A), the Judges of the Decatur Circuit and Superior Courts

authorize and direct the person(s) making the transcript to certify the transcript.

Standard appeal transcripts to be filed within 45 days shall cost $4.25 per page. Non-appeal

transcripts shall cost as follows: $4.25 per page for completion within 30 days, $5.25 per page

for completion with 14 days, $6.00 per page for completion within 7 days, $7.50 per page for

completion within 3 days, and $8.50 per page for completion within 1 day. The minimum fee

for any transcript is $30.00.

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(Effective January 1, 2017)

TRANSCRIPTION SERVICE AGREEMENT

This Transcription Service Agreement (“Agreement”) is between American Platform Services,

LLC, dba TheRecordXchange, a limited liability company in Arizona (“TRX,” “We,” “Us,” or

“Our”) and Decatur County Courts, Indiana (“Court,” “You,” or “Your”), collectively the

“Parties.”

RECITALS

TRX operates a platform through which qualified transcription service providers (“Providers”)

will be made available to courts and court reporters. Providers shall be authorized to type,

compile, and certify transcripts for appeal and non-appeal purposes. Providers shall deliver

certified transcripts to the person who is specifically designated by a court to perform the

official court reporting services for the court (“Court Reporter”), or to deliver certified or non-certified transcripts to a party so requesting.

Court wishes to use TRX’s platform as an efficient portal to access Providers for the term of this

Agreement. This Agreement shall apply to transcription services provided to the Court and any

other party wishing to order transcripts or audio recorded by the Court using Our platform.

AGREEMENT

In consideration of the above recitals and the mutual covenants in this Agreement, the Parties

agree as follows:

1. Qualified Providers. TRX shall be responsible for vetting potential Providers under

this Agreement. Providers shall meet the following requirements:

a. Have a licensed business operating in the United States;

b. Agree to perform all transcription services under this Agreement in the United States;

c. Have at least 3 years of experience providing transcription services to courts in the

United States;

d. Have a confidentiality agreement on file with TRX and with any independent contractors

employed to work on transcriptions under this Agreement;

e. Be certified by at least one of the following accredited industry organizations: American

Association of Electronic Reporters and Transcribers (AAERT), National Court

Reporters Association (NCRA), or National Verbatim Reporters Association (NVRA);

f. All transcripts provided hereunder shall be certified by an individual with a valid

certificate from one of the above-listed organizations; and

g. Agree to provide transcription services in compliance with the Indiana Rules of

Appellate Procedure, including the standards for preparing electronic transcriptions

found in Appendix A of the rules.

2. Services to be Provided. Providers shall be responsible for delivering the completed

transcription to the appropriate Court Reporter. The Judges of Decatur County authorize

and direct Providers to certify the transcripts that are required to be certified under

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Indiana Rules of Court. Providers shall complete their work in accordance with this

Agreement and the TRX terms of service. If there is a conflict between the terms of these

documents, this Agreement shall prevail.

3. Payment. Standard appeal transcripts to be filed within 45 days shall cost $4.25 per

page. Non-appeal transcripts shall cost as follows: $4.25 per page for completion within

30 days, $5.25 per page for completion with 14 days, $6.00 per page for completion

within 7 days, $7.50 per page for completion within 3 days, and $8.50 per page for

completion within 1 day. The minimum fee for any transcript is $30.00.

TRX and Provider shall be responsible for invoicing and collecting payment from the requesting

party. Provider shall be responsible for paying any fees owed to TRX.

4. Term. The term of the Agreement shall begin on the date designated by the Indiana

Supreme Court in its Order of Approval (“Effective Date”). TRX or the Court may terminate

this Agreement by providing 30 days’ notice of termination. The Court may terminate this

agreement at any time with cause. Termination shall not impact the duties of the Parties to

perform for any work requested under this Agreement prior to the termination date.

5. Dispute Resolution. If there is a dispute between the Parties related to this Agreement,

the Parties agree to act in good faith and attempt to resolve the problem between

themselves. If the problem is not resolved after 30 calendar days, the Parties agree to

submit the matter to the Chief Administrative Officer of the Indiana Supreme Court for

resolution.

6. Authorization. This Transcription Service Agreement is subject to approval by the

Indiana Supreme Court under Administrative Rule 15 and Trial Rule 81.

7. Modification. This Agreement can only be modified in a written document signed by

both Parties, and subject to Indiana Supreme Court approval.

8. Notice. Unless otherwise specified, all notices required by this Agreement may be

handdelivered, sent via certified mail to the receiving Party’s last known address, or sent

via email to their last known email address.

9. Additional Actions. Each Party agrees to do all acts and things and to make, execute,

and deliver such written instruments and documents as shall be reasonably required to

carry out the terms of this Agreement.

10. Counterparts. This Agreement may be executed in multiple counterparts, each of

which will be deemed an original, but all of which, when taken together, will constitute

one and the same instrument.

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LR16-AR19-1 Courthouse Security

Ind. Administrative Rule 19 requires that “(e)ach court shall develop and implement a court

security plan to ensure security in court facilities”. The power to do so is derived in part from

Indiana Constitution Article 3 § 1 and Ind. Const. Art. 7. In addition, Ind. Code § 35-4711.14(5)

creates an exception to the general rule prohibiting a political subdivision from regulating the

possession and carrying of firearms, etc.

The Judges of the Decatur Circuit and Superior Courts (“the Courts”) have promulgated this

local court rule as required by Ind. Trial Rule 81. It is intended to provide for the orderly

operation of the Courts, the safety of the public, the litigants, the witnesses, and the court staff.

1. Anyone entering the Decatur County Courthouse must consent to a search of their person,

including any package, briefcase, or purse.

2. The Courts designate the north entrance to be used as the main entrance, and the Courts

designate the east and west entrances to be used only by county employees or others as

determined by the Decatur County Sheriff.

3. Unless exempt under Paragraph 6, below, anyone entering the Decatur County Courthouse

is prohibited from having any of the following in his or her possession while in the

courtroom facility:

(a) a loaded or unloaded firearm; or

(b) a weapon, device, taser (as defined in I.C. § 35-47-8-3) or electronic stun weapon (as

defined by I.C. § 35-47-8-1), equipment, chemical substance or other material,

including a knife, razor, box-cutter, and switchblade that in the manner it is used, or

could ordinarily be used, is readily capable of causing serious bodily injury.

4. Anyone refusing to comply with this Order is to be denied entrance to the Decatur County

Courthouse.

5. Anyone violating this Order may be found to be in contempt of court and punished for that

contempt pursuant to the inherent power of the Courts and/or pursuant to I.C. § 34-47, I.C.

§ 34-47-2, and/or I.C. § 34-47-3.

6. The following individuals are exempt from this order:

(a) a law enforcement officer, as defined in I.C. § 35-31.5-2-185;

(b) a judicial officer, as defined in I.C. § 35-31.5-2-177.7;

(c) a probation officer appointed pursuant to I.C. § 11-13-1-1, who has satisfied all of

the conditions listed in I.C. § 11-13-1-3.5;

(d) an employee of a locally or regionally operated Community Corrections Program,

who is authorized to carry a firearm by his or her supervisor;

(e) any other person authorized by at least one (1) full-time judicial officers of the

Courts shall be exempt until at least one (1) full-time judicial officers of the Courts

withdraw the exemption. The judicial officers are to promptly provide the Decatur

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County Sheriff with a copy of the authorization or the withdrawal of the

authorization.

7. Any person listed in Paragraph 6 SHALL NOT BE EXEMPT whenever they or any

member of their family is a party to any proceeding taking place. This does not include

appearing in the individual’s official capacity.

8. The statutes cited above may change from time to time. This local court rule shall

automatically refer to the relevant statutes in effect at any given time.

LR16-AR21-1 Criminal Case Filings and Reassignment

(A) If the highest offense level charged is a misdemeanor, then the case shall be filed in the

Decatur Superior Court.

(B) If the highest offense level charged is a felony, then the case shall be filed according to

the following rules, to be applied in order:

(i) If the highest offense level charged is a felony arising under Title 9 of the Indiana

Code, then the case shall be filed in the Decatur Superior Court.

(ii) If the defendant has a pending criminal case charging a felony offense in either

the Decatur Circuit Court or the Decatur Superior Court, then the case shall be filed in the

court where the pending case is. In the event that the defendant has pending criminal

cases charging felony offenses in both courts, then case assignment shall be done by

random selection.

(iii) All other criminal cases charging felony offenses shall be assigned by random

selection with one-half (1/2) of the cases assigned to each court.

(C) Judges of the Decatur Circuit Court and the Decatur Superior Court may transfer any

pending case to the other Decatur County Court or may appoint the other Decatur County Judge

as special judge.

(D) In the event that a change of judge is granted or a judge is disqualified or recuses, then

reassignment shall be made on a rotating basis to one of the judges/magistrates of the following

courts: Jennings Circuit Court, Jennings Superior Court, Jennings County Magistrate,

Bartholomew Circuit Court, Bartholomew Superior Court No. 1, Bartholomew Superior Court

No. 2, Bartholomew Superior Court No. 2 Magistrate, Rush Circuit Court, Rush Superior Court,

Franklin Circuit Court No. 1, Franklin Circuit Court No. 2, Ripley Circuit Court, Ripley Superior

Court, Shelby Circuit Court, Shelby Superior Court No. 1, Shelby Superior Court No. 2, Shelby

County Magistrate, Jackson Circuit Court, Jackson Superior Court No. 1, Jackson Superior Court

No. 2, Brown Circuit Court, and Brown Circuit Court Magistrate.

(E) When, under these rules, no judge is available for appointment, or when, in the discretion

of the regular presiding judge, the particular circumstance warrants selection of a special judge

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by the Indiana Supreme Court, the presiding judge shall certify these facts to the Indiana

Supreme Court and request an appointment of a special judge under the applicable procedural

rules.

(Adopted May 22, 2008, effective January 1, 2009; amended June 1, 2011; amended June 1,

2012; amended effective February 11, 2013; amended effective February 15, 2017; amended

effective July 1, 2017; amended effective December 19, 2017; amended effective July 1, 2018;

amended effective September 1, 2021; amended effective January 1, 2025).

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