IN · rules

Ind. County Local Rule: delaware-local-rules

delaware-local-rules

activein force · 2026-10-02 – presentcompiled-edition

STATE OF INDIANA

Local Court Rules

Delaware Circuit Court

Delaware County

Effective

1/10/2025

01/10/2025 Index

Delaware County Court Rules

Page Local Rule Number

3 Small Claims Practice and Procedure LR18-SC00-DLR-0001

5 Domestic Relation Cases LR18-DR00-DLR-0002

8 Discovery and Motions in Limine – JD LR18-JD00-DLR-0003

Cases

10 Discovery and Motions in Limine – LR18-JC00-DLR-0004

CHINS

12 Discovery and Motions in Limine - LR18-CR00-DLR-0005

Criminal

14 Criminal Practice and Procedure LR18-CR00-DLR-0006

16 Criminal Case Reassignment and Special LR18-AR00-DLR-0006.5

Judge Selection

17 Bail Schedule LR18-AR00-DLR-0007

21 Probate Matters LR18-AR01-DLR-0008

26 Jury Selection Plan LR18-JR00-DLR-0009

27 Court Reporters LR18-AR00-DLR-0010

29 Civil Practice and Procedure – District 15 LR18-TR79-DLR-0011

32 Allocation and Assignment of Cases LR18-AR01-DLR-0012

35 Personal Property Taxes LR18-AR00-DLR-0013

LR18-SC00-DLR-0001 SMALL CLAIMS PRACTICE AND PROCEDURE

(A) Scheduling

(1) The Clerk of the Court shall schedule an initial hearing on the complaint. At the

initial hearing, the defendant shall admit or deny liability as to the claim.

(2) If the defendant fails to appear at an initial hearing after proper service, the

plaintiff may request judgment. If the plaintiff fails to appear at the initial trial after

proper notice, the court may dismiss the action without prejudice.

(3) If the defendant appears and admits liability the parties may sign and file an

Agreed Judgment.

(4) If the defendant appears and denies liability, the court shall set the matter for a

bench trial and notify all parties.

(B) Attorney Fees. A party who is represented by an attorney and is requesting

attorney’s fees shall present to the court a written affidavit detailing the time spent,

services rendered, and hourly rate requested. There shall be a rebuttable presumption

that a reasonable attorney fee based upon the amount of the judgment is as follows:

JUDGMENT ATTORNEY FEE

Less than $500.00 $150.00

Over $500.00 but less than $1,250.00 $250.00

Over $1,250.00 but less than $2,500.00 $500.00

Over $2,500.00 but less than $4,000.00 $800.00

Over $4,000.00 but less than $6,000.00 $1,000.00

Over $6,000.00 but less than $10,000.00 $1,200.00

for continuance, and the court may grant the motion if the party seeking the motion

shows good cause. Forms for continuance can be found in the Self-Help Legal Center

located in the Justice Center or online on the County Clerk’s and Courts’ websites.

(D) Judgments. A party seeking a default judgment shall file an Affidavit of Non-Military Service and Competency. These forms can be found in the Self-Help Legal

Center located in the Justice Center or online on the County Clerk’s and Courts’

websites.

(E) Proceedings Supplemental. If a party does not pay the judgment after its entry, the

party seeking payment may file a Motion for Proceedings Supplemental and an Order to

Appear in Court and Answer as to Wages, Assets, Property, and Income. The Clerk will

provide a hearing date. The forms can be found in the Self-Help Legal Center located in

the Justice Center or online on the County Clerk’s and Courts’ websites.

(F) Contempt/Issuance of Body Attachment. The procedure to be used after a debtor

fails to appear at a proceedings supplemental hearing shall be as follows:

(1) If a debtor fails to appear at a hearing as ordered, the court shall not issue a

writ of attachment unless the procedures set out in this rule are followed. The judgment

creditor may file a motion for contempt citation against the debtor for failure to appear.

The motion for contempt citation must be filed within thirty (30) days of the failure to

appear. The motion for contempt citation shall include a clear statement of the facts

alleged to constitute contempt including the date on which the contempt is alleged to

have occurred.

(2) The motion for contempt citation and order to appear must be delivered to

the judgment debtor personally and proof of personal service must be filed with the

court. Personal service includes certified mail signed by the judgment debtor.

(3) If the judgment debtor fails to appear after being personally served with the

motion for contempt citation and order to appear, the judgment creditor may file a

request for body attachment. The request for body attachment must be filed within

thirty (30) days of the debtor’s failure to appear for the hearing in the contempt citation.

The request for body attachment must reflect that the order to appear was personally

served on the judgment debtor and must include telephone numbers at which the

judgment creditor may be contacted as well as sufficient information to identify the

debtor.

(4) The writ of attachment shall contain identifying information regarding the

judgment debtor including a current address, social security number or date of birth,

and distinguishing physical features, if known. The writ shall also contain the date of

issuance.

(G) Bankruptcy Stay. Any party seeking a stay due to a bankruptcy filing should file a

Notice to Stay the Proceeding stating that they have included the debt at issue with the

bankruptcy court and include the bankruptcy cause number.

(H) Releasing Judgments. A party shall file a Release of Judgment with the court after

the opposing party has paid a judgment in full. These forms can be found in the Self-Help Legal Center located in the lobby of the Justice Center or online on the County

Clerk’s and Courts’ websites.

(I) Dismissals. The party who filed a Notice of Claim, Counterclaim, or Cross-Claim may

file a written Motion to Dismiss the claim at any time before the court enters a

judgment. These forms can be found in the Self-Help Legal Center located in the lobby

of the Justice Center or online on the County Clerk’s and Courts’ websites.

(J) Hearing Dates Following Dismissal. If the court dismisses a Notice of Claim upon

the plaintiff’s written request, and if a Counterclaim or Cross-Claim is still pending, the

hearing will be held on the Counterclaim or Cross-Claim.

(K) Small Claims Manual. The Delaware County Small Claims Manual is available on

the County Clerk and Courts’ websites.

(L) Self-Help Forms. All Self-Help forms can be found in the Self-Help Legal Center

located in the lobby of the Justice Center or online on the County Clerk’s and Courts’

websites.

(Amended effective January 1, 2020; further Amended December 14, 2020; further

Amended January 1, 2022; further Amended effective January 1, 2024)

LR18-DR00-DLR-0002 DOMESTIC RELATION CASES

(I) Termination of Representative Capacity.

(A) After a court enters a Decree of Dissolution of Marriage, Legal Separation, or

Paternity; after a court issues an order permanently modifying custody, or after a court

issues an order modifying parenting time or child support, the representative capacity of

all attorneys appearing on any party’s behalf shall be deemed terminated upon:

(1) The court entering an order withdrawing the attorney’s appearance;

(2) Expiration of the time for appealing the order had expired; or

(3) Conclusion of any appeal related to the order.

(B) Service of Pleadings. If a party is not represented by counsel pursuant to

Paragraph A above, the opposing party shall serve any pleadings directly to the party

pursuant to the Indiana Rules of Trial Procedure.

has a representative capacity in the case pursuant to Paragraph A, the court shall deem

that service a courtesy copy only.

(D) Withdrawal of Appearance. The court will not remove an attorney from the

case until a Motion and Proposed Order to Withdraw has been filed and approved.

(II) Contested Hearings.

(A) If an attorney requests contested hearing time of Two (2) Hours or more in a

Domestic Relations case; a Juvenile Paternity case; or in a Miscellaneous Case involving

Custody, Child Support, or Parenting Time issues, the Court will set an Attorneys-only

Pre-Trial Conference before setting a hearing date. The attorneys must meet with the

judge or the judge’s designee and hold a pre-trial conference. The attorneys shall bring

their calendars and be prepared to set a hearing date.

(B) During the Pre-Trial Conference, the Court will set a Settlement Conference

date and a hearing date.

Conference in person and shall be prepared to discuss settlement of all or some of the

issues between the parties. The attorneys must meet with the judge or the judge’s

designee during or at the conclusion of the Settlement Conference to discuss their

progress.

(D) Continuing a Settlement Conference date may cause the Court to continue

the contested hearing date on the court’s motion.

(E) Contested hearing time is not to be used for settlement negotiations. The

Court will expect the parties to begin promptly at the hearing time.

(F) The Court may waive the requirements in this rule for good cause shown, or

in an emergency situation.

(G) The judge may implement this rule for any hearing of any length at their

discretion.

(III) Guardian Ad Litem

(A) Appointment.

A party in a family law case may request the Court to appoint a Guardian Ad

Litem (“GAL”) to represent the child or children’s interests. The Court may appoint the

GAL, by order or after a hearing, and the GAL shall keep time records for all services

rendered.

The parties may select either “Track One” or “Track Two” GAL Appointment, as set

out in the next sections.

(B) “Track One” GAL Appointment.

A “Track One” GAL Appointment is the traditional, full GAL Report with interviews

of the parties, children, and other individuals who may have information relevant to the

GAL’s investigation.

A “Track Two” GAL Appointment requires the GAL only to interview the parties

and the child or children and to provide written recommendations to the parties. The

parties would then proceed to mediation. If mediation is not successful, either party

may request the GAL to provide a full report, subject to Section D below concerning

fees.

(D) Fees:

(1) Track One GAL Appointments

For Track One appointments, the party requesting the GAL appointment shall pay

the following fees in advance to the GAL, and the GAL shall have no obligation to

commence work until the party pays the fees: $2,000.00.

This is not the entire fee, and the party requesting the Track One GAL

appointment may be required to pay additional fees to the GAL.

The party paying the fees may petition the court at any time for reimbursement

or contribution from the other party toward GAL fees.

The attorney representing the party requesting the Track One GAL appointment

shall meet with the client and review the Guidelines for GAL Appointments and Fee

Acknowledgement found in the Delaware County Administrative Rules (DAR-0019). The

attorney and party shall sign the Guidelines and Acknowledgement, and the attorney

shall file it with the court along with the request for GAL.

(2) Track Two GAL Appointments

For Track Two appointments, the party requesting the GAL appointment shall pay

the following fees in advance to the GAL, and the GAL shall have no obligation to

commence work until the party pays the fees: $1,500.00.

It is anticipated that the GAL will complete the work necessary to make

recommendations without exceeding $1,500.00.

The party paying the fees may petition the court at any time for reimbursement

or contribution from the other party toward GAL fees.

The attorney representing the party requesting the Track Two-GAL appointment

shall meet with the client and review the Guidelines for GAL Appointments and Fee

Acknowledgement found in the Delaware County Administrative Rules (DAR-0019). The

attorney and party shall sign the Guidelines and Acknowledgement, and the attorney

shall file it with the court along with the request for GAL.

(3) Testimony in Court

The courts do not anticipate that a GAL will attend a hearing or testify at a

hearing. If a party requires the GAL to attend a hearing and/or to testify at a hearing,

the party shall issue a subpoena to the GAL at least Ten (10) Days prior to the hearing

date. The party issuing the subpoena is responsible to pay the GAL in advance for the

time anticipated to attend the hearing.

(4) Court Authority

The court retains the authority to enforce orders to pay GAL fees until the parties

pay the GAL fees as ordered in full.

(Amended effective December 14, 2020; further Amended effective January 1. 2023;

further Amended effective January 1, 2024; further Amended effective January 10, 2025)

LR18-JD00-DLR-0003 DISCOVERY AND MOTIONS IN LIMINE IN

JUVENILE DELINQUENCY CASES

(I) Discovery

(A) Duty of the State of Indiana.

In all filed juvenile delinquency cases, unless relieved by court order, the

prosecuting attorney shall, at least twenty-one (21) days prior to the fact-finding

hearing, furnish the attorney for the child the following:

(1) The names and addresses of persons whom the prosecuting attorney intends

to call as witnesses at the fact-finding hearing, together with their relevant written or

recorded statements.

(2) Any written or recorded statements and any summaries of oral statements

made by the child herein or any statements of others which contain a declaration of the

child.

(3) Those portions of the Grand Jury minutes which contain statements of

witnesses whom the prosecutor intends to call and directly examine at the fact-finding

hearing, which statements are probably within the control of the prosecution and which

statements will relate to matters covered in the witness’ testimony in this case, for the

purpose of cross-examination and impeachment of such witness’ credibility.

(4) The relevant testimony which is reduced to writing of persons whom the

prosecutor intends to call as a witness at the fact-finding hearing, but who did not

testify before the Grand Jury.

(5) Any reports or statements of experts made in connection with the case,

including results of physical or mental examination and of scientific tests, experiments,

or comparisons.

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

prosecuting attorney intends to use at the fact-finding hearing or which were obtained

from or belong to the child or the child’s family.

(7) Any record or prior criminal convictions of persons whom the prosecutor

intends to call as witnesses at the fact-finding hearing.

(8) Any declarations against interest made by the child.

(9) Any evidence the prosecutor might have, favorable to the child.

(10) Copies of any photographs which the prosecution has in its possession which

it intends to introduce as evidence.

(11) Any description of the child’s conduct, if any, that the prosecution intends to

introduce as an implied admission.

(12) Any promises, rewards, or inducements provided to prosecution witnesses or

defense witnesses for the child.

(13) Any victim’s statement that was recorded or memorialized and that is under

the State’s control.

(14) Any and all medical reports in appropriate cases.

(15) That portion of police reports containing substantially verbatim statements

of witnesses.

(16) The delinquency record of the child, including arrests and adjudications.

(17) Evidence of other crimes, wrongs, or acts pursuant to Evidence Rule 404(b).

The State shall also allow counsel for the child to examine any and all physical

evidence, whether or not the prosecution intends to present the evidence at the fact-finding hearing, within thirty (30) days after the initial hearing.

(B) Duty of Counsel for the Child

In all filed juvenile delinquency cases, unless relieved by court order, counsel for

the child shall, at least fourteen (14) days prior to the fact-finding hearing, furnish the

attorney for the State of Indiana the following:

(1) Any reports or results or testimony relative thereto, of physical or mental

examination or of scientific tests, experiments or comparisons, or any other reports or

statements of experts pertaining to this case.

(2) A summary of any special or statutory defense(s), which the child intends to

make at a hearing in this cause.

(3) Names and last known addresses of persons the child intends to call as

witnesses, together with their relevant written or recorded statements, including

memoranda reporting or summarizing their oral statements, and any record of prior

delinquency adjudication known to the child.

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

intends to use as evidence or for impeachment at a hearing.

If the child is not represented by an attorney, the above requirements do not

apply, and the parties must file written motions with the Court to request discovery.

(II) Motions in Limine

In all filed delinquency cases, unless relieved by court order, the following items

are excluded from evidence, and the court prohibits any reference at the fact-finding

hearing to the following. In addition, counsel and all witnesses may not refer to,

mention, or testify about the following:

(1) The fact that the child failed to make a statement either orally or in writing at

the time of child’s arrest.

(2) Any questioning of the child, or any statements which the child may have made

while he was in the custody of the police, absent proof beyond a reasonable doubt that

the statements were made freely and voluntarily and after a knowing and intelligent

waiver of rights by the child.

(3) Any previous arrest or detention of the child which did not result in a

delinquency adjudication, or any other alleged offenses, purportedly involving the child,

in which he was neither arrested nor charged.

(4) Any prior delinquency adjudication of the child, except those which may be

used for the purpose of impeachment.

The rule regarding Motions in Limine shall apply to cases in which the Child is not

represented by an attorney.

(Amended effective March 4, 2019)

LR18-JC00-DLR-0004 DISCOVERY AND MOTIONS IN LIMINE IN

CHINS CASES

(I) Discovery

(A) Duty of Counsel for the DFC

In all filed CHINS cases, unless relieved by court order, the attorney for the

Indiana Department of Child Services (hereinafter DCS) shall, within fourteen (14) days

after the initial hearing in any CHINS action filed, furnish the attorney for the parent(s),

guardian(s) or custodian(s) (hereinafter PGC) the following:

(1) The names and addresses of persons whom the DCS intends to call as witnesses

at the fact-finding hearing, together with their relevant written or recorded statements.

(2) Any written or recorded statements and any summaries of oral statements

made by the PGC herein or any statements of others which contain a declaration of the

PGC.

(3) The relevant testimony which is reduced to writing of persons whom the DCS

intends to call as a witness at the fact-finding hearing.

(4) Any reports or statements of experts made in connection with the case,

including results of physical or mental examination and of scientific tests, experiments,

or comparisons.

(5) Any books, papers, documents, photographs or tangible objects, which the DCS

intends to use in the fact-finding hearing or which were obtained from or belong to the

PGC.

(6) Any record or prior criminal convictions of persons whom the DCS intends to

call as witnesses at the fact-finding hearing.

(7) Any declarations against interest made by the PGC.

(8) Any evidence the DCS might have, favorable to the PGC.

(9) Copies of any photographs which the DCS has in its possession which it intends

to introduce as evidence.

(10) Any description of the PGC’s conduct, if any, that the DCS intends to introduce

as an implied admission.

(11) Any promises, rewards, or inducements provided to DCS witnesses or PGC

witnesses.

(12) Any victim’s statement that was recorded or memorialized and that is under

the DCS’s control.

(13) Any and all medical reports in appropriate cases.

(14) That portion of police reports containing substantially verbatim statements of

witnesses.

(15) The criminal record of the PGC, including arrests and convictions.

(16) Evidence of other crimes, wrongs, or acts pursuant to Evidence Rule 404(b).

(17) The DCS shall also allow counsel for the PGC to examine any and all physical

evidence, whether or not the DCS intends to present the evidence at the fact-finding

hearing, within fourteen (14) days after the initial hearing.

(B) Duty of Counsel for the Parents/Guardians/Custodian

In all filed CHINS cases, unless relieved by court order, counsel for the PGC shall,

within twenty-one (21) days after receiving the discovery from the DCS in any CHINS

action filed against the PGC, furnish the attorney for the DCS the following:

(1) Any reports or results or testimony relative thereto, of physical or mental

examination or of scientific tests, experiments or comparisons, or any other reports or

statements of experts pertaining to this case.

(2) A summary of any special or statutory defense(s), which the PGC intends to

make at a hearing or fact-finding in this cause.

(3) Names and last known addresses of persons the PGC intends to call as

witnesses, together with their relevant written or recorded statements, including

memoranda reporting or summarizing their oral statements, and any record of prior

criminal convictions known to the PGC.

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

intends to use as evidence or for impeachment at a hearing or trial.

If the PGC is not represented by an attorney, the above requirements do not

apply, and the parties must file written motions with the Court to request discovery.

(II) Motions in Limine

In all filed CHINS cases, unless relieved by court order, the following items are

excluded from evidence, and the Court prohibits any reference at fact-finding hearing to

the following. In addition, counsel and all witnesses may not refer to, mention, or testify

about the following:

(1) Any questioning of the PGC, or any statements which the PGC may have made

while he was in the custody of the police, absent proof beyond a reasonable doubt that

the statements were made freely and voluntarily and after a knowing and intelligent

waiver of rights by the PGC.

(2) Any previous arrest or detention of the PGC which did not result in conviction,

or any other alleged offenses, purportedly involving the PGC, in which he was neither

arrested nor charged.

(3) Any prior conviction of the PGC, except those which may be used for the

purpose of impeachment.

(4) The rule regarding Motions in Limine shall apply to cases in which the PGC is

represented by counsel as well as those cases where the PGC is not represented by

counsel.

(As amended effective October 21, 2003; further Amended effective January 1, 2020)

LR18-CR00-DLR-0005 DISCOVERY AND MOTIONS IN LIMINE IN

CRIMINAL CASES

(I) Protective Order Regarding Materials Received in Discovery

In order to ensure a fair trial for both sides of the litigation as well as to provide

for the protection and privacy of witnesses and victims, the Delaware County Circuit

Court Board of Judges hereby adopts the following general Protective Order regarding

discovery materials.

(A) Discovery material shall not be used by any person for any purpose other

than to prepare for trial in a charged action and shall not be publicly exhibited,

shown, displayed, or disseminated, (including uploading it to an internet site or

social media site) in any form or fashion except in judicial proceedings and/or

disciplinary proceedings.

(B) Counsel for the State and for the Defendant may display and review

discovery materials with potential witnesses in the case, including expert

witnesses. All witnesses who review discovery materials are bound by this

Protective Order.

counsel, or the State no additional copy of the discovery material shall be made

by the State, the defendant, the defendant’s attorney, investigator, expert or any

other representative or agent of the defendant without the permission of the

Court, following notice to opposing counsel and opportunity to object. However,

defense counsel may provide a copy of the discovery material to their client and

the parties may copy discovery material for internal use to prepare for trial,

subject to the restrictions in Paragraph 1 and 2 above.

(D) Defense attorneys of record shall make the defendant aware of the

existence and content of this rule as well as the penalties for violating the

provisions of the rule.

(E) At the conclusion of the litigation, any and all copies of discovery material

which are not entered into evidence, shall be returned to party from whom they

were received or counsel shall keep them in a secure manner.

(F) This Protective Order shall not terminate upon disposition of a case but

shall remain in full effect until the court which disposed of the case enters a

contrary order, or until the Board of Judges modifies this Protective Order.

(G) Any violation of this Order may be punishable by contempt of court.

(II) Motions in Limine

In all Murder, Class A, Class B, Class C, and Class D felony cases; and in all F1

(Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony); L5 (Level 5

felony); F6 (Level 6 felony), MC (Miscellaneous Criminal), and misdemeanors in

conjunction with Level 1, 2, 3, 4, 5 and 6 felonies, unless relieved by court order, the

following items are excluded from evidence, and the Court prohibits any reference at

the fact-finding hearing to the following. In addition, counsel and all witnesses may not

refer to, mention, or testify about the following:

(1) The fact that the Defendant failed to make a statement either orally or in

writing at the time of his arrest.

(2) Any questioning of the Defendant, or any statements which Defendant may

have made while he was in the custody of the police, absent proof beyond a

reasonable doubt that the statements were made freely and voluntarily and after a

knowing and intelligent waiver of rights by the Defendant.

(3) Any previous arrest or detention of the Defendant which did not result in a

conviction.

(4) Any other alleged offenses, allegedly involving the Defendant, in which

they were neither arrested nor charged.

(5) Any prior conviction of the Defendant, except those which may be used for

the purpose of impeachment.

(6) The statutory penalty for the offense(s) charged, or any and all included

offenses.

The rule regarding Motions in Limine applies in cases where Defendant is

represented by counsel, and it also applies to cases where Defendant is not represented

by counsel.

(Amended effective January 1, 2018; further Amended effective January 1, 2020; further

Amended effective January 1, 2022; further Amended effective January 1, 2024)

LR18-CR00-DLR-0006 CRIMINAL PRACTICE AND PROCEDURE

(A) Assignment of Cases

The following case numbers shall be used for crimes committed on or before

June 30, 2014: Felonies, which include MR (Murder), FA (Class A felony), FB (Class B

felony), FC (Class C felony), FD (Class D felony), MC (Miscellaneous Criminal), and

misdemeanors in conjunction with Murder, or A, B, C felonies or D felonies. The

following case numbers shall be used for crimes committed on or after July 1, 2014: MR

(Murder); F1 (Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony);

L5 (Level 5 felony); F6 (Level 6 felony), MC (Miscellaneous Criminal), and misdemeanors

in conjunction with Level 1, 2, 3, 4, 5 and 6 felonies.

All felonies, charging Murder, Levels 1, 2, 3, 4, 5 and 6 will be assigned to the

appropriate court based upon the month in which the offense is alleged to have

occurred.

The following monthly rotation is now established, effective October 1, 2019:

• Circuit Court No. 2 - the first month (October 1, 2019)

• Circuit Court No. 3 - the second month;

• Circuit Court No. 4 - the third month;

• Circuit Court No. 5 - the fourth month;

• Circuit Court No. 1 - the fifth month.

Thereafter, the monthly rotation among the courts will continue in this sequence

until further order.

(B) Standalone Misdemeanors and Misdemeanors Transferred from Muncie City

Court.

(1) If a felony case is pending against a defendant, a misdemeanor shall be filed

in or transferred into the Division of the Circuit Court that holds the highest pending

felony charge, regardless of when the misdemeanor crime was allegedly committed.

(2) If no felony cases are pending against the Defendant, the misdemeanor will

be filed or transferred into in the Delaware Circuit Court No. 4 or No. 5 under the

following rotation schedule:

(a) Circuit Court No. 4: January, March, May, July, September and

November;

(b) Circuit Court No. 5: February, April, June, August, October, and

December.

(3) A “pending” case is a case not yet disposed of by guilty plea, jury trial, bench

trial, bench disposition, or dismissal.

A judge may transfer and reassign to any of the other five Circuit Court Judges a

pending case, by issuing a written order for transfer, and subject to the receiving court’s

acceptance, unless the conditions below are met, and acceptance is not required.

If a Defendant charged with a pending felony case is later charged with a higher

felony, the Court with the lower level felony shall transfer the lower level felony case to

the court with the higher pending felony case, either on its own motion or at a party’s

request.

A “pending” case is a case not yet disposed of by guilty plea, jury trial, bench trial,

bench disposition, or dismissal.

If the case transferred is a Level 5 or Level 6 felony, the transferring court shall

order the Clerk to transfer the case to the receiving court, and the Clerk shall transfer

the case without an order of acceptance.

(D) Filing and Reassignment of Class Level 6 felony or D felony Cases.

Any Level 6 felony or Class D felony case may be filed in the Division of the

Circuit Court that holds another pending felony charge, regardless of when the Level 6

felony or Class D felony offense was allegedly committed.

(E) Re-filing by the State.

In the event the State of Indiana dismisses a case and later re-files that case, the

State shall file the case in the court which dismissal was taken.

In the event the State of Indiana dismisses a case, any subsequent related cases

filed against such defendant within ninety (90) days shall be assigned to the court from

which dismissal was taken.

(F) Additional Related Charges.

If the State files additional related charges against a Defendant, after the case is

initially assigned, the State shall file all additional related charges in the court of initial

assignment.

(G) Additional Unrelated Charges.

If a Defendant has allegedly committed multiple offenses in different months, the

date of the highest-level alleged offense shall control the assignment. If a Defendant

has committed the same level of felony in different months, the date of the first alleged

offense shall control the assignment.

(Amended effective January 1, 2022)

LR18-AR00-DLR-0006.5 CRIMINAL CASE REASSIGNMENT AND

SPECIAL JUDGE SELECTION

(A) Reassignment.

If a judge grants a change of judge motion, or should a judge find it necessary to

disqualify and assign a different judge to a case, the Clerk shall reassign the case as

follows:

• Cases from the Delaware Circuit Court No. 1 shall be reassigned to the

Delaware Circuit Court No. 2.

• Cases from the Delaware Circuit Court No. 2 shall be reassigned to the

Delaware Circuit Court No. 3.

• Cases from the Delaware Circuit Court No. 3 shall be reassigned to the

Delaware Circuit Court No. 4.

• Cases from the Delaware Circuit Court No. 4 shall be reassigned to the

Delaware Circuit Court No. 5.

• Cases from the Delaware Circuit Court No. 5 shall be reassigned to the

Delaware Circuit Court No. 1.

If the judge to whom the case is assigned cannot assume jurisdiction for any

reason, the Clerk shall assign the case to the next judge in the consecutive order as set

out above.

(B) Special Judge Assignment – Outside Delaware County.

If the Clerk is unable to assign a special judge under the provisions of Trial Rule

79(H), then the regular sitting judge shall direct the Clerk of Delaware County to select

(on a rotating basis) one of the full-time judicial officers from the following available

panel:

(1) Presiding Judge, Blackford Circuit Court;

(2) Presiding Judge, Blackford Superior Court;

(3) Presiding Judge, Henry Circuit Court No. 1

(4) Presiding Judge, Henry Circuit Court No. 2;

(5) Presiding Judge, Henry Circuit Court No. 3;

(6) Presiding Judge, Jay Circuit Court;

(7) Presiding Judge, Jay Superior Court;

(8) Presiding Judge, Randolph Circuit Court;

(9) Presiding Judge, Randolph Superior Court;

If a special judge selected from the rotating list is ineligible for, disqualified from,

or excused from appointment, then the regular sitting judge shall direct the Delaware

County Clerk to select (on a rotating basis) the next full-time judicial officer on the list.

If the Clerk is unable to assign a special judge from the judicial officers listed

above, then the Clerk shall select a full-time judicial officer from the contiguous counties

of Madison or Grant.

In the event that no judicial officer within the above list is eligible to serve as

special judge, or if the case’s particular circumstances warrant 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 to appoint a special judge.

(Amended effective February 1, 2017; further Amended effective January 1, 2018; further

Amended effective March 16, 2018; further Amended effective October 9, 2018; further

Amended effective October 1, 2019; further Amended effective January 1, 2020; further

Amended effective January 1, 2022; further Amended effective January 10, 2025)

LR18-AR00-DLR-0007 BAIL SCHEDULE

This bail schedule shall apply as follows:

To all crimes committed on or before June 30, 2014: Felonies, which include

MR (Murder), FA (Class A felony), FB (Class B felony), FC (Class C felony), FD (Class D

felony), MC (Miscellaneous Criminal), and Misdemeanors in conjunction with Murder

and Class A, B, C, or D felonies.

To all crimes committed on or after July 1, 2014: Murder, F1 (Level 1 felony),

F2 (Level 2 felony), F3 (Level 3 felony), F4 (Level 4 felony), F5 (Level 5 felony), F6 (Level 6

felony), MC (Miscellaneous Criminal) and misdemeanors in conjunction with Murder and

Levels 1, 2, 3, 4, 5 and 6 felonies.

(A) Felonies Alleged to Have Occurred Before July 1, 2014:

Except for Class D felonies and misdemeanors, the Clerk may not accept a Ten

Percent (10%) cash deposit in lieu of bond, except upon written Order of a Judge.

(1) Unless otherwise ordered by the Court, there shall be NO BOND for the

charge of Murder, except by the Court after a hearing.

(2) The presumptive bond amount for bail on a Class A felony offense (except

those involving Dealing in Controlled Substances, including Cocaine and

Methamphetamine) shall be Thirty Thousand Dollars ($30,000.00).

(3) The presumptive bond amount for bail on a Class A or B felony offense for

Dealing in Cocaine, Dealing in Methamphetamine, or Dealing in a Controlled Substance

shall be Fifty Thousand Dollars ($50,000.00) total, regardless of the number of dealing

offenses charged.

(4) The presumptive bond amount for bail on a Class B felony offense shall be

Twenty Thousand Dollars ($20,000.00).

(5) The presumptive bond amount for bail on a Class C felony offense shall be

Ten Thousand Dollars ($10,000.00).

(6) The presumptive bond amount for bail on a Class D Felony offense shall be

Five Thousand Dollars ($5,000.00). Defendant may post a Ten Percent (10%) cash

deposit in lieu of bond.

(7) If the defendant has a prior felony conviction within the last Five (5) Years, bail

shall be twice the amount unless otherwise specified in this section.

(8) For any person charged with a Murder or a Class A, B, or C felony, and

charged with being a Habitual Offender, bail is to be set at an additional Fifty Thousand

Dollars ($50,000.00).

(9) For any person charged with a Class D felony, and charged with being a

Habitual Offender, bail is to be set at an additional Ten Thousand Dollars ($10,000.00).

(B) Felonies Allegedly Committed on and after July 1, 2014:

(1) Unless otherwise ordered by the Court, there shall be NO BOND for the

charge of Murder except by the Court after a hearing.

(2) Except as otherwise provided, the presumptive bond amount for bail on Level

1 felony offense shall be Fifty Thousand Dollars ($50,000.00).

(3) Except as otherwise provided, the presumptive bond amount for bail on a

Level 2 or 3 felony offense for Dealing in Cocaine, Dealing in Methamphetamine, or

Dealing in a Controlled Substance shall be Fifty Thousand Dollars ($50,000.00) total,

regardless of the number of dealing offenses charged.

(4) The presumptive bond amount for bail on a Level 2 felony offense shall be

Thirty Thousand Dollars ($30,000.00).

(5) The presumptive bond amount for bail on a Level 3 felony offense shall be

Twenty Thousand Dollars ($20,000.00).

(6) The presumptive bond amount for bail on a Level 4 felony offense shall be

Ten Thousand Dollars ($10,000.00).

(7) The presumptive bond amount for bail on a Level 5 or 6 felony offense shall

be Five Thousand Dollars ($5,000.00). Defendant may post a ten percent (10%) cash

deposit in lieu of bond.

(8) If the defendant has a prior felony conviction within the last Five (5) Years, bail

shall be twice the amount unless otherwise specified in this section.

(9) For any person charged with a Murder or a Level 1, 2, 3, or 4 felony offense,

and charged with being a Habitual Offender, bail is to be set at an additional Fifty

Thousand Dollars ($50,000.00).

(10) For any person charged with a Level 5 or 6 felony offense, and charged with

being a Habitual Offender, bail is to be set at an additional Ten Thousand Dollars

($10,000.00).

(1) For Class A misdemeanors, bail shall be Two Thousand Five Hundred Dollars

($2,500.00). Defendant may post a Ten Percent (10%) cash deposit in lieu of bond.

(2) For Class B misdemeanors, bail shall be One Thousand Dollars ($1,000.00).

Defendant may post a Ten Percent (10%) cash deposit in lieu of bond.

(3) For Class C misdemeanors, bail shall be Five Hundred Dollars ($500.00).

Defendant may post a Ten Percent (10%) cash deposit in lieu of bond.

(4) Trial De Novo: Any person filing a written request for a Trial De Novo

resulting from a misdemeanor conviction from the Muncie City Court may file with the

Delaware County Clerk a cash or surety bond fixed at Five Hundred Dollars ($500.00).

Filing of the bond stays the judgment of the Muncie City Court. During the period of

the stay, the defendant shall not be subject to incarceration or probation orders of the

Muncie City Court. The defendant, if incarcerated pursuant to the judgment of the

Muncie City Court, shall be released from incarceration after posting bond. If the

defendant requesting the Trial De Novo does not file the bond, the judgment of the

Muncie City Court is not stayed and the defendant shall remain incarcerated or subject

to probation orders of the Muncie City Court.

(D) Provisions Applicable to All Offenses:

(1) Persons shall be held without bond until the Pre-Charge Initial Hearing who

are arrested and in which:

(a) the true identity of a defendant is unknown; or

(b) there is good cause to believe the defendant is on probation, home

detention/house arrest, parole, on bond, on pre-trial release to probation, or

participating in the Forensic Diversion Drug Court Program or the Veteran’s Court.

(2) Delaware County Jail shall place a Fifteen (15) Day hold on any offender upon

request by a Delaware County Probation Officer or a Parole Officer employed by the

State of Indiana. If the officer fails to initiate probation or parole revocation

proceedings within the Fifteen (15) Day period, the hold shall expire.

(3) Intoxication: The Sheriff of Delaware County shall not release any person

unless such person clearly manifests that they are in a state of sobriety at the time the

provisions of this Order would otherwise permit release.

The Sheriff shall hold in custody any person who is under the influence of alcohol

or controlled substances until such time it is determined, at the Sheriff’s discretion, that

the individual may be safely released without danger to self or others.

(4) Domestic Violence: The Sheriff shall not release a person arrested on a charge

involving domestic violence until Twenty-Four (24) Hours has elapsed or until

appearance in court, whichever is earlier. After Twenty-Four (24) Hours, the person may

post bail (1) pursuant to other provisions in this Bail Order, and (2) after signing a No

Contact Agreement protecting the victim. If the person refuses to sign a No Contact

Agreement, the Sheriff shall hold the person until brought to court.

(5) Overweight Trucking Violations: The bail schedule as set out in this Order

shall not apply to overweight trucking violations. Bail for such offenses shall be

convened by I.C. 9-20-1, et seq.

(6) Full Cash Bond: When any person proposes to post a full bond in cash and

the Clerk’s Office is not open for business, the Sheriff shall accept the money and issue a

release to the person making the payment. The Sheriff shall deposit the money with the

Clerk as soon as possible.

(7) 10% Cash Bonds: Except as otherwise permitted above, the Clerk may not

accept a Ten Percent (10%) cash deposit in lieu of bond without a written Order of a

judge. If the Court approves such a bond, the Clerk shall retain from the deposit an

administrative fee of Ten Percent (10%) of the deposit, or Fifty Dollars ($50.00),

whichever is less, and a fee of Five Dollars ($5.00) pursuant to I.C. 35-33-8-3.2(d) to remit

to the Board of Trustees of the Public Employees’ Retirement Fund for deposit in the

Special Death Benefit Fund. In addition, the Court may direct the Clerk to apply the

balance of the deposit to pay any fine, court costs, public defender fees, probation

user’s fees, or restitution.

(8) Amount of Bail on Warrant: If the bail is set at a probable cause hearing, the

amount of bail set by the judge shall be endorsed upon the arrest warrant.

(9) Release of Bond: The Clerk shall not release a cash bond, except upon a

judge’s written Order after judgment has been entered and any fines, costs, or fees

(including probation fees) imposed by the Court have been paid and satisfied.

(10) This Order shall not be interpreted to limit judicial discretion.

(11) If the Delaware County Prosecuting Attorney believes a higher bond is

necessary for the safety of witnesses and/or protection of the community, the

Prosecutor may request a deviation from the scheduled bond amount.

(12) A judge may impose conditions of release through the Pre-Trial Release

Program.

(E) Adjustment of Bonds.

A court may adjust bond after a hearing pursuant to statute and upon motion by

the State of Indiana or by the Defendant. The Probable Cause Order shall control the

bail amount. If a defendant posts a bond prior to the court’s entering a Probable Cause

Order, overpayment may not result in a refund to the defendant.

If a defendant is arrested for a separate criminal offense while released on a prior

posted bond, the Court may revoke the prior posted bond.

This Bail Schedule supersedes all prior Bail Schedules previously established by

the Board of Judges of the Delaware Circuit Court.

(Amended effective January 1, 2018; further Amended effective January 1, 2020; further

Amended effective January 1, 2024; further Amended effective January 10, 2025)

LR18-AR01-DLR-0008 ATTORNEY FEES IN PROBATE MATTERS

The Delaware Circuit Court has prepared the following guidelines for Probate

matters regarding attorney fees and disallowed claims being set for trial in estate

matters.

(I) Attorney Fees.

The Delaware Circuit Court has prepared the following guidelines for fees in

probate matters in an effort to achieve the following objectives:

(A) To establish uniformity in determining a fair and reasonable fee for

supervised and unsupervised estates, guardianships, wrongful death actions, and

minor's claim settlements in Delaware County, Indiana.

(B) To provide a guideline to assist all judges of the Circuit Court of Delaware

County in determining fair and reasonable fees.

clients the fees the estate may incur before the administration commences.

(D) To assist the legal profession in arriving at a fair and reasonable fee for

estate work. The Court recognizes that every attorney and personal

representative has a right and an obligation to request a fee which is fair and

reasonable for the estate work performed, taking into account the provision in

the Rules of Professional Conduct which applies to all attorneys admitted to

practice in Indiana. Fees should always bear a reasonable relationship to the

services rendered.

(E) In determining an appropriate fee, the attorney, client, and Court should

consider the following criteria:

(1) The time required; the novelty, complexity, or difficulty of the legal questions

involved; and the skill required to perform necessary services properly.

(2) Who served as personal representative. The Court may consider how much

time the attorney devoted to legal matters and how much time the attorney devoted to

ministerial functions during supervision and representation of the personal

representative.

(3) The total fair market value of the probate assets being administered.

(4) The character of the probate and non-probate assets which are administered

or transferred, including whether non-probate assets exist which must be included for

federal or state estate tax purposes, and whether these non-probate assets require more

work for the attorney.

(5) Whether the probate assets are sufficient to pay for legal services or personal

representative fees.

(6) Timeliness in performing necessary estate services under statutory

requirements, these rules, and the Rules of Professional Conduct.

(7) Other factors deemed relevant by the attorney, personal representative,

and/or the Court.

(II) Administration of the Gross Estate.

(A) Gross Estate Services include, but will not necessarily be limited to, opening

the estate and qualifying the personal representative; preparing and filing the inventory;

collecting assets; paying claims; preparing and filing non-extraordinary petitions

(including but not limited to petitions to sell real or personal property, petitions to

deliver personal property to beneficiaries, petitions to abandon real or personal

property, and petitions for appointment of appraisers);; preparing and filing the final

report; obtaining an order approving the final report; distributing assets to beneficiaries;

obtaining discharge of the personal representative; preparing and filing the

supplemental report after distribution; and preparing and serving all necessary notices

on interested parties, including readily ascertainable creditors of the estate, during the

estate proceeding.

(B) Gross Estate Value means the fair market value of all assets in the decedent's

name and included in the decedent's probate estate.

guidelines for attorneys and fiduciaries. See Fee Guidelines. The Guidelines are NOT a

minimum fee, but a suggested maximum fee. Every attorney and personal

representative has an obligation to request a fee which is fair and reasonable for the

work performed, taking into account the Indiana Rules of Professional Conduct. In an

uncomplicated Estate, fees should be less than the maximum fees listed in the

Guidelines, and fees should always bear a reasonable relationship to the services

rendered. The Fee Guidelines are found in the Delaware Circuit Court Administrative

Rules under Administrative Rule DAR-0011.

(D) Non-Probate Assets. Non-probate assets are those assets for which the

attorney representing the personal representative may assist the transferee of those

assets in distribution. Non-probate assets include, but are not necessarily limited to:

assets jointly owned which are transferred outside the estate administration; life

insurance proceeds; annuities; retirement benefits payable to a named beneficiary other

than the estate; and assets held in trust which are reportable on the federal transfer tax

return or would be reportable if such return were required. Fee charges for assisting

beneficiaries or transferees in transferring Non-Probate Assets shall conform to the

hourly rate provision established by the Court in paragraph E below. Unless the will

admitted to probate provides otherwise, fees generated by the attorney in

administering Non-Probate Assets should be charged to the beneficiary or transferee,

and not to the estate.

(E) Additional Fees. Fees computed pursuant to the Guidelines are intended to

cover only the usual and ordinary services that are reasonably anticipated in handling

the normal estate. Such fees do not contemplate all work which may become necessary

in conjunction with administration, such as will contests; will construction; contested

claims; family settlement agreements; death tax complications; petition for instructions;

determination of heirship; generating additional income for the estate during

administration; and other similar matters. The attorney shall detail the request for

additional fees in a Petition to the Court for Additional Fees.

The Court will compensate attorneys for work involving extraordinary service at

an hourly rate. The attorney's hourly rate should conform to the prevailing hourly rate

for legal services provided in Delaware County, Indiana, at the time the attorney

provided the extraordinary services. The Court reserves the right to review and adjust

the hourly rate request after considering the attorney's expertise and the nature of the

extraordinary services provided.

(F) Unsupervised Estates. The attorney and personal representative should

negotiate fees for handling unsupervised estates. The Court shall not hear the requests

for fees unless an objection to the closing statement is timely filed. In the absence of

evidence to the contrary, the fees for handling unsupervised estates should not exceed

eighty percent (80%) of the Fee Guidelines.

(G) Petitions and Hearings on Fee Requests. All requests for approval of estate

fees in supervised estates shall be submitted to the Court in writing, along with an

appropriate proposed order. Petitions for fees shall include affidavits in support thereof

from the attorney and the personal representative and provide the following

information:

(1) Details as to the work done by the affiant.

(2) Time spent to accomplish said work.

(3) Hourly rate used to calculate fees.

(4) Total amount of fees being requested.

If the petition to approve fees includes a request for additional fees, the Court

will schedule a hearing on the petition, unless all interested parties execute a waiver and

consent stating they have been advised that the fee request exceeds the Court's

Guidelines for administering the Gross Estate and that the fee request is for additional

services. If a waiver and consent form is filed with the petition for additional fees, the

Court, at its discretion, may waive the requirement for hearing on the petition.

(H) Instructions to Personal Representatives Required in Unsupervised Estates.

Attorneys shall file “Instructions to Personal Representative of Unsupervised Estate”

along with the Petition and other paperwork to open the Estate. The Court may decide

not to sign the Order appointing the Personal Representative if the Attorney does not

provide an executed copy of the Instructions. The Court’s Instructions are found in the

Delaware Circuit Court Administrative Rules under Administrative Rule DAR-0012.

(I) Instructions to Personal Representatives Required in Supervised Estates.

Attorneys shall file the “Instructions to Personal Representative of Supervised Estate”

form along with the Petition and other paperwork to open the Estate. The Court may

decide not to sign the Order appointing the Personal Representative if the Attorney

does not provide an executed copy of the Instructions. The Court’s Instructions are

found in the Delaware Circuit Court Administrative Rules under Administrative Rule

DAR-0013.

(J) Required Acknowledgement Concerning Attorney’s Fees in All Estates: Within

Thirty (30) Days after the Court signs the Order Appointing Personal Representative in

an estate, the Attorney shall file an Acknowledgement by Personal Representative of

Receipt of Local Rule Regarding Fees in Probate Matters. The Acknowledgement is

found in the Delaware Circuit Court Administrative Rules under Administrative Rule

DAR-0014.

(III) Wrongful Death Claim Administration.

If a wrongful death claim is settled before trial, the fee should not exceed thirty-three and one-third percent (33 1⁄3%) of the settlement amount.

If a wrongful death action proceeds to trial by court or by jury, the attorney fee

should not exceed forty percent (40%) of the court or jury award.

If a wrongful death action is appealed after trial, the attorney fee should not

exceed fifty percent (50%) of the court or jury award.

The fee guidelines for wrongful death actions does not preclude the attorney

from recovering litigation expenses incurred in preparing for trial or in pre-trial

discovery proceedings.

(IV) Disallowed Claims to be set for Trial.

When a claim is disallowed and is to be set for trial, the party making the claim

shall open a new case in the Court where the estate is filed.

(1) The case caption shall be creditor versus the personal representative or the

estate.

(2) If it can be filed as a small claims matter, it shall be filed with an SC cause

number.

(3) If it is above the small claims jurisdictional amount, it shall be filed with a

PL cause number.

(4) The petitioner shall pay the appropriate filing fee.

(5) The case shall be filed in the same court as the estate is filed.

(6) The case shall be related to the estate cause.

(V) Guardianship

(A) Fees

Attorneys should charge fees generated in guardianship proceedings at the

customary and prevailing hourly rates in Delaware County for opening the guardianship;

selling real or personal property; assisting the Guardian in filing the inventory and

necessary accounting; and providing professional advice.

Attorneys shall submit petitions to approve attorney fees in writing in all cases,

along with an appropriate proposed order. Petitions for fees for both the guardian and

the attorney for the guardian shall include affidavits in support thereof and provide the

same information as outlined in Paragraph I.G. above. The Court, at its discretion, may

require a hearing on the fee request of the attorney or the Guardian.

(B) Attorney’s Obligation

An attorney representing a guardian shall report to the Court, any failure by the

guardian to perform their fiduciary and statutory duties.

Attorneys shall, within Ten (10) Days after the Court signs the Order Appointing a

Guardian Over the Estate of an Individual, file a copy of the following Instructions, along

with the Two (2) Acknowledgements stating that the Attorney has given the Guardian a

copy and has discussed the Instructions with the Guardian, and that the Guardian has

reviewed the Instructions and agrees to comply with them. The Court’s Instructions to

Guardians are found in the Delaware Circuit Court Administrative Rules under

Administrative Rule DAR-0015.

(D) Attorney’s Undertaking and Obligation Required with Restricted

Accounts.

If a Guardian is required to deposit Guardianship Assets into a restricted account,

the Attorney shall file, within Ten (10) Days after the Order is entered requiring the

restricted account, the Undertaking and Obligation which can be found in the Delaware

Circuit Court Administrative Rules under Administrative Rule DAR-0016.

(VI) Fees for Compromising, Settling, or Trying a Minor or Incompetent Adult’s

Claim.

Fee requests to compromise, settle, or try a minor or incompetent adult’s claim

should not exceed the fee limitations imposed by the Court for representing the client in

a wrongful death action; however, the attorney may request reimbursement for suit

costs and pre-trial discovery in addition to those fees.

(Amended effective March 4, 2019; further Amended effective January 1, 2020; further

Amended effective January 1, 2024)

LR18-JR00-DLR-0009 JURY SELECTION PLAN

Pursuant to Jury Rule 4, the Board of Judges have selected option (b) for

summoning jurors to wit: Two tier notice and summons. The jury administrator may

send summons at a later time. If the jury administrator sends the jury qualification form

and notice first, the jury administrator shall summon prospective jurors at least one (1)

week before service. Further details concerning jury selection procedures can be found

in Delaware Circuit Court Administrative Rules.

LR18-AR00-DLR-0010 IN RE: COURT REPORTERS

(A) 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 government

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

shall include, but not be limited to, telephones, copy machines, fax machines, computer

hardware, software programs, disks, tapes and any other device used for recording,

storing and transcribing electronic data.

(3) Work space means that portion of the court’s facilities dedicated to each court

reporter, including but not limited to actual space in the courtroom and any designated

office space.

(4) Page means the page unit of transcript which results when a recording is

transcribed in the form required by Indiana rule of Appellate Procedure.

(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 work week.

(7) Gap hours worked means those hours worked 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 work week.

(9) Work week means a seven (7) consecutive day week that consistently begins

and ends on the same days through the year, i.e., Sunday through Saturday, Wednesday

through Tuesday, Friday through Thursday.

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

services. Court may also mean all of the courts of record in Delaware 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. The county indigent transcript will also include any requests from the local

Prosecutor’s Office.

(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 that is paid for by a private party, but

not limited to a deposition transcript.

(14) Expedited means transcripts which are requested to be completed within

three (3) days.

(15) Rush/Overnight means transcripts which are requested to be completed

within twenty-four (24) hours.

(B) Section Two. 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 inform the court

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

overtime hours, by receiving compensatory time off regular work hours.

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

a county indigent, State indigent, or private transcript shall be $5.50, including cover

pages; $1.00 per page for a paper copy of a transcript provided to the Public Defender’s

Office or the Prosecutor’s Office; and .50¢ per exhibit. The fee for an “expedited”

transcript (preparation within three (3) days) on a county case shall be $7.50 per page.

The court reporter shall submit a claim voucher to the supervising judge for approval of

payment by the county for the preparation of any county indigent transcripts.

(3) If a court reporter is requested to prepare an indigent “rush/overnight”

transcript (preparation within twenty-four (24) hours or less), the per page fee shall be

$8.50.

(4) An additional labor charge approximating the hourly rate based upon the

court reporter’s annual fixed compensation as reflected in the court budget, may be

charged for the time spent binding the transcript and exhibit binders. The labor charge

shall not exceed two (2) hours, unless unusual circumstances permit the submission of a

recapitulation enumerating the hours spent beyond the two (2) hour base.

(5) The Index and Table of Contents pages shall be charged at the per page rate

being charged for transcript preparation either for county, state or private cases.

(6) A minimum fee up to $35.00 per transcript shall be allowed for transcripts

under eight (8) pages.

(7) The court reporter or designated court employee 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 Supreme Court Office of Judicial

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

Judicial Administration.

(8) The preparation of any transcript for payment shall not be performed during

regular work hours, including but not limited to, transcribing, copying, or other

functions related to the compilation of the transcript.

(9) An electronic or digital copy of any transcript that has already been prepared

will not be assessed a fee, unless the court reporter is supplying the media, in which a

fee of $10.00 will be charged.

(1) 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 work hours and the court reporter will not

be allowed to utilize the court equipment to do so.

(D) Section Four. Supplies

(1) All supplies for County or State indigent transcripts, i.e., transcript paper,

binders and copy paper shall be provided through the court system’s office supply

account.

(2) All supplies for Private transcripts, i.e., transcript paper, binders and copy

paper shall be the responsibility of the court reporter. The court reporter will not be

allowed to charge for the cost of such supplies due to the allotted fee approved herein

for the preparation of a private transcript.

(As amended effective September 24, 2002, further amended July 13, 2018; further

Amended effective January 1, 2020; further Amended effective January 10, 2025)

LR18-TR79-DLR-0011 CIVIL PRACTICE AND PROCEDURE

The following local rule regarding selection of special judges where a special

judge does not accept a civil case under TR 79(D), is now adopted by the undersigned

judges of the Delaware Circuit Court, in conjunction with the other Courts of

Administrative District 15.

(A) Conflicts by Circuit Court No. 2 Judge in DR (Domestic Relations) and JP

(Juvenile Paternity) cases from Title IV-D Court.

In DR (Domestic Relations) and JP (Juvenile Paternity) cases from Title IV-D Court

where the Circuit Court No. 2 Judge has a conflict and enters an order of disqualification

or recusal, and parties do not agree to a particular special judge pursuant to TR 79(D),

the Clerk of Delaware County shall assign the case to the regular sitting Judge in Circuit

Court No. 3. If that Judge is unable to serve as set forth in Trial Rule 79 (H), then the

Clerk shall select a special judge pursuant to paragraph B or C of this local rule.

(B) Conflicts by Circuit Court No. 2 Judge in JC (Juvenile CHINS) cases

from Title IV-D Court.

In JC (Juvenile CHINS) cases from Title IV-D Court where the Circuit Court No. 2

Judge has a conflict and enters an order of disqualification or recusal, and parties do not

agree to a particular special judge pursuant to TR 79(D), the Clerk of Delaware County

shall assign the case to the regular sitting Judge in Circuit Court No. 1. If that Judge is

unable to serve as set forth in Trial Rule 79 (H), then the Clerk shall select a special judge

pursuant to paragraph B or C of this local rule.

In civil cases where the appointment of a special judge is required under TR 76,

or the presiding judge has disqualified or recused under TR 79(C), and parties do not

agree to a particular special judge pursuant to TR 79(D); the regular sitting judge shall

direct the Clerk of Delaware County to select (on a rotating basis) one of the full-time

judicial officers from the following available panel (omitting the judicial officer from

whom the change of venue is being taken):

(a) Presiding Judge, Delaware Circuit Court No. 1;

(b) Presiding Judge, Delaware Circuit Court No. 2;

(d) Presiding Judge, Delaware Circuit Court No. 4;

(e) Presiding Judge, Delaware Circuit Court No. 5;

(f) Presiding Judge, Blackford Circuit Court;

(g) Presiding Judge, Blackford Superior Court;

(h) Presiding Judge, Henry Circuit Court No. 1

(i) Presiding Judge, Henry Circuit Court No. 2;

(j) Presiding Judge, Henry Circuit Court No. 3;

(k) Presiding Judge, Jay Circuit Court;

(l) Presiding Judge, Jay Superior Court;

(m) Presiding Judge, Randolph Circuit Court; and

(n) Presiding Judge, Randolph Superior Court.

If a special judge selected from the rotating list is ineligible for, disqualified from,

or excused from appointment, then the regular sitting judge shall direct the Delaware

County Clerk to select (on a rotating basis) the next full-time judicial officer on the list.

If all judicial officers in Delaware County are ineligible to serve, the sitting judge

shall direct the Clerk of Delaware County to select (on a rotation basis) one of the full-time judicial officers from the Administrative District (omitting all Delaware County

judicial officers).

In the event that no judicial officer within the above list is eligible to serve as

special judge, or if the case’s particular circumstances warrant 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 to appoint a special judge.

(D) Assignment – Juvenile.

In juvenile cases where the appointment of a special judge is required under TR

76, or the presiding judge has disqualified or recused under TR 79(C), and parties do not

agree to a particular special judge pursuant to TR 79(D); the regular sitting judge shall

direct the Clerk of Delaware County to select (on a rotating basis) one of the following

available full-time judicial officers:

(a) Presiding Judge, Blackford Circuit Court;

(b) Presiding Judge, Henry Circuit Court No. 1

(d) Presiding Judge, Randolph Circuit Court;

If a special judge selected from the rotating list is ineligible for, disqualified from,

or excused from appointment, then the regular sitting judge shall direct the Delaware

County Clerk to select (on a rotating basis) the next full-time judicial officer on the list.

In the event that no judicial officer within the above list is eligible to serve as

special judge, or if the case’s particular circumstances warrant 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 to appoint a special judge.

(E) Maintaining Separate Lists.

The Delaware County Clerk shall maintain separate civil and juvenile lists, in the

rotation order as set forth in this Rule, from which the clerk may determine the

appropriate appointment in civil and juvenile cases.

(F) Forfeiture Proceedings

If the respondent has filed an answer, the court shall schedule a hearing, upon

the conclusion of any related criminal matter, to determine the legitimacy of the

forfeiture by a preponderance of the evidence pursuant to I.C. 34-24-1-4.

(G) Protective Orders

If a Protective Order is filed in a court and the judicial officer cannot rule on the

ex parte request due to a conflict, the judicial officer shall instruct the Clerk to reassign

the protective order pursuant to LR18-CR00-DLR-0006.5(A).

(Amended effective June 4, 2013; further Amended effective January 1, 2018; further

Amended effective March 4, 2019; further Amended effective January 1, 2020; further

Amended December 14, 2020; further Amended effective January 10, 2025)

LR18-AR00-DLR-0012 ALLOCATION AND ASSIGNMENT OF CASES

Cases shall be filed per the following allocation:

Circuit Court No. 1

Criminal: Crimes committed on or before June 30, 2014: Felonies, which include MR

(Murder), FA (Class A felony), FB (Class B felony), FC (Class C felony), FD (Class D felony),

MC (Miscellaneous Criminal), and misdemeanors in conjunction with Murder, or A, B, C

Felonies or D Felonies. Crimes committed on or after July 1, 2014: MR (Murder); F1

(Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony); F5 (Level 5

felony); F6 (Level 6 felony), MC (Miscellaneous Criminal – excluding Waiver of

Reinstatement of Fees Cases), misdemeanors in conjunction with Levels 1, 2, 3, 4, 5 and

6 felonies, and RF (Firearm Seizures).

Civil: PL (Civil Plenary), CC (Civil Collection), CT (Civil Tort), DR, DC, DN (Domestic

Relations), AD (Adoption), MI (Miscellaneous – excluding Specialized Driving Privilege

Cases, excluding Judicial Review of Habitual Violator Suspension Cases, excluding Traffic

Amnesty Cases), ES, EM, EU, GU, TR (Probate), PO (Protective Orders), PC (Post-Conviction Relief), RF (Firearm Seizures), SC (Small Claims-for disallowed claims filed in

conjunction with ES and EU cases only), GV (Grandparent Visitation, RA (Judicial Review

of Administrative Agency Decisions).

Circuit Court No. 2

Criminal: Crimes committed on or before June 30, 2014: Felonies, which include MR

(Murder), FA (Class A felony), FB (Class B felony), FC (Class C felony), FD (Class D felony),

MC (Miscellaneous Criminal), and misdemeanors in conjunction with Murder, or A, B, C

Felonies or D Felonies. Crimes committed on or after July 1, 2014: MR (Murder); F1

(Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony); F5 (Level 5

felony); F6 (Level 6 felony), MC (Miscellaneous Criminal – excluding Waiver of

Reinstatement of Fees Cases), and misdemeanors in conjunction with Levels 1, 2, 3, 4, 5

and 6 felonies.

Juvenile: JD (Juvenile Delinquency), JS (Juvenile Status), JM (Juvenile Miscellaneous), JC

(Juvenile CHINS), JT (Juvenile Termination), JQ (Juvenile Protective Order), JM (Juvenile

Miscellaneous.

Civil: PL (Civil Plenary), CC (Civil Collection), CT (Civil Tort), DR, DC, DN (Domestic

Relations), AD (Adoption), MI (Miscellaneous - excluding Specialized Driving Privilege

Cases, excluding Judicial Review of Habitual Violator Suspension Cases, excluding Traffic

Amnesty Cases), GU-with related juvenile cases ONLY, PO (Protective Orders), PC (Post-Conviction Relief), GV (Grandparent Visitation), RA (Judicial Review of Administrative

Agency Decisions).

Circuit Court No. 3

Criminal: Crimes committed on or before June 30, 2014: Felonies, which include MR

(Murder), FA (Class A felony), FB (Class B felony), FC (Class C felony), FD (Class D felony),

MC (Miscellaneous Criminal), and misdemeanors in conjunction with Murder, or A, B, C

Felonies or D Felonies. Crimes committed on or after July 1, 2014: MR (Murder); F1

(Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony); F5 (Level 5

felony); F6 (Level 6 felony), MC (Miscellaneous Criminal, Waiver of Reinstatement of Fees

Cases), and misdemeanors in conjunction with Levels 1, 2, 3, 4, 5 and 6 felonies, OV

(Ordinance Violations).

Juvenile: JP (Juvenile Paternity)

Civil: PL (Civil Plenary), CC (Civil Collection), CT (Civil Tort), DR, DC, DN (Domestic

Relations), MI (Miscellaneous, Specialized Driving Privilege Cases, Judicial Review of

Habitual Violator Suspension Cases, Traffic Amnesty Cases), MH (Mental Health), PO

(Protective Orders), XP (Expungement), PC (Post-Conviction Relief), GV (Grandparent

Visitation), RA (Judicial Review of Administrative Agency Decisions), RS (Reciprocal

Support).

Circuit Court No. 4

Criminal: Crimes committed on or before June 30, 2014: Felonies, which include MR

(Murder), FA (Class A felony), FB (Class B felony), FC (Class C felony), FD (Class D felony),

MC (Miscellaneous Criminal), and misdemeanors in conjunction with Murder, or A, B, C

Felonies or D Felonies. Crimes committed on or after July 1, 2014: MR (Murder); F1

(Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony); F5 (Level 5

felony); F6 (Level 6 felony), MC (Miscellaneous Criminal – excluding Waiver of

Reinstatement of Fees Cases), and misdemeanors in conjunction with Levels 1, 2, 3, 4, 5

and 6 felonies.

City Court: Any criminal cases transferred from Muncie City Court may be filed in the

Division of the Circuit Court that holds the highest pending felony charge, regardless of

when the misdemeanor crime was allegedly committed.

If no felony cases are pending against the Defendant the misdemeanor will be filed in

the Delaware Circuit Court No. 4 or No. 5 under the following rotation schedule:

• Circuit Court No. 4: January, March, May, July, September and November;

• Circuit Court No. 5: February, April, June, August, October, and December.

A “pending” case is a case not yet disposed of by guilty plea, jury trial, bench trial, bench

disposition, or dismissal.

Civil: PL (Civil Plenary), CC (Civil Collection), CT (Civil Tort), DR, DC, DN (Domestic

Relations), AD (Adoption), MI (Miscellaneous - excluding Specialized Driving Privilege

Cases, excluding Judicial Review of Habitual Violator Suspension Cases, excluding Traffic

Amnesty Cases) PO (Protective Order), SC (Small Claims), EV (Eviction), PC (Post-Conviction Relief), GV (Grandparent Visitation), RA (Judicial Review of Administrative

Agency Decisions).

Circuit Court No. 5

Criminal: Crimes committed on or before June 30, 2014: Felonies, which include MR

(Murder), FA (Class A felony), FB (Class B felony), FC (Class C felony), FD (Class D felony),

MC (Miscellaneous Criminal), and misdemeanors in conjunction with Murder, or A, B, C

Felonies or D Felonies. Crimes committed on or after July 1, 2014: MR (Murder); F1

(Level 1 felony); F2 (Level 2 felony); F3 (Level 3 felony); F4 (Level 4 felony); F5 (Level 5

felony); F6 (Level 6 felony), MC (Miscellaneous Criminal – excluding Waiver of

Reinstatement of Fees Cases), and misdemeanors in conjunction with Levels 1, 2, 3, 4, 5

and 6 felonies.

City Court: Any criminal cases transferred from Muncie City Court may be filed in the

Division of the Circuit Court that holds the highest pending felony charge, regardless of

when the misdemeanor crime was allegedly committed.

If no felony cases are pending against the Defendant the misdemeanor will be filed in

the Delaware Circuit Court No. 4 or No. 5 under the following rotation schedule:

• Circuit Court No. 4: January, March, May, July, September and November;

• Circuit Court No. 5: February, April, June, August, October, and December.

A “pending” case is a case not yet disposed of by guilty plea, jury trial, bench trial, bench

disposition, or dismissal.

Civil: PL (Civil Plenary), CC (Civil Collection), CT (Civil Tort), DR, DC, DN (Domestic

Relations), MF (Mortgage Foreclosure), MI (Miscellaneous – excluding Specialized

Driving Privilege Cases, excluding Judicial Review of Habitual Violator Suspension Cases,

excluding Traffic Amnesty Cases), PO (Protective Order), SC (Small Claims), EV (Eviction),

ES, EU, EM, GU, TR (Probate), TS (Tax Sale), TP (Tax Deed Petition), PC (Post-Conviction

Relief), GV (Grandparent Visitation), RA (Judicial Review of Administrative Agency

Decisions).

(1) Assignment of cases as heretofore set out will continue to be subject to all

Local Rules regarding non-discretionary assignment of felony and misdemeanor cases.

(2) Forfeiture Proceedings – The State of Indiana shall file the forfeiture action as

a miscellaneous civil (MI) action in the Circuit Court Division where the State either has

filed or is required to file the related criminal action pursuant to Local Rule. If the State

does not intend to file a criminal action, or the criminal action has been filed with

Muncie City Court, the State shall then file the forfeiture as a miscellaneous (MI) action

in the Circuit Court where the criminal case would have been filed had it been filed in

Circuit Court.

(Amended effective January 1, 2018; further Amended effective March 4, 2019; further

Amended effective January 1, 2020; further Amended December 14, 2020; further

Amended March 1, 2021; further Amended effective January 1, 2022; further Amended

effective January 1, 2024; further Amended effective January 10, 2025)

LR18-AR00-DLR-0013 LOCAL RULE GOVERNING THE COLLECTION

OF PERSONAL PROPERTY TAXES

The Judges of the Delaware Circuit Court hereby issue the following Local Rule in

relation to collecting personal property taxes:

(A) Using the Circuit Courts to Collect Personal Property Taxes:

(1) Indiana Code Section 6-1.1-23-9:

Pursuant to Indiana Code Section 6-1.1-23-9(c), the Treasurer files the record of

delinquent personal property taxes with the Clerk of the Court, and the “amount of

delinquent taxes, penalties, and collection expenses stated in the record constitute a

debt of the named taxpayer.” The statute further provides, “This debt in all respects has

the same force and effect as a judgment.”

The Treasurer shall not initiate any legal action in a court in Delaware County to

enforce a judgment for delinquent personal property taxes except as provided by

statute, as follows: (1) in order to obtain a court order restraining the taxpayer from

transacting business in the county, pursuant to Indiana Code Section 6-1.1-23-10(b); (2)

to request attorney’s fees pursuant to Indiana Code Section 6-1.1-23-10(e); or (3) to set

aside a judgment for personal property taxes pursuant to Indiana Code Section 6-1.1-

23-12.

A taxpayer may open a cause of action in the Delaware Circuit Courts to set aside

a judgment for personal property taxes pursuant to Indiana Code Section 6-1.1-23-12.

(2) Clerk’s Duties:

The Clerk of Delaware County shall not open for filing in the Circuit Courts in

Delaware County any legal action to enforce a judgment for delinquent personal

property taxes except as provided in Section A(1). If the Treasurer presents for filing in a

Circuit Court a pleading related to personal property taxes, and if the Clerk is not certain

whether to accept the pleading, or to open the case for filing, the Clerk shall consult

with the Judge designated by the Board of Judges of the Delaware Circuit Court, who

shall instruct the Clerk whether to accept the pleading or open the case for filing.

If the Designated Judge is not available and action is necessary before the Designated

Judge becomes available, the Clerk shall refer the issue to the Court Administrator, who

will consult with a judge of the Delaware Circuit Court.

(B) Adjudicating Attorney Fees for Collecting Personal Property Taxes:

Pursuant to Indiana Code Section 6-1.1-23-1.5, the Treasurer may enter into a

contract, subject to the county executive’s approval, for services considered necessary to

collect delinquent personal property taxes.

Pursuant to Indiana Code Section 6-1.1-23-10(e), the Treasurer must file a

petition in the Designated Judge’s Court for approval to pay attorney’s fees for legal

services not related to formal judicial proceedings. The Treasurer shall file the petition

in the “Miscellaneous” Docket for the Circuit Court in which the Designated Judge is

serving. The Designated Judge shall approve the attorney’s fees for collecting personal

property taxes before the Treasurer makes payment, in all cases not formally filed in a

court.

In determining fees for collecting delinquent personal property taxes, the court

will consider the contract executed by the Treasurer and the attorney pursuant to I.C. 6-

1.1-23-1.5. The Court must also consider the factors established in Rule 1.5(a) of the

Rules of Professional Conduct in determining the fees.

Provenance

Source: www.in.gov
Retrieved: 2026-10-02
Edition: supplied-in-28-19-delaware-local-rules-2026-10-02
Content hash: 5b79c552c45b11ac08dd40c0b409ed55958943fe0b7edb416b842779be96d560

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