Ind. Elkhart Cnty. Local Rule LR20-CR1.3-305

305.1. Written Appearance

An attorney entering an appearance on behalf of any party, or defendant appearing unrepresented shall file

a written appearance electronically as provided by and in accordance with Rule 3.1 of the Indiana Rules of

Trial Procedure.

305.2. Withdrawal of Counsel

Counsel for the defendant charged with a criminal offense may file a motion to withdraw from the case

pursuant to Indiana Code 35-36-8-2. A motion to withdraw shall be in writing with an attached notice to

the client of the intention to withdraw. The notice of the intention to withdraw shall be sent to the client

no later than ten (10) days prior to the filing of the motion to withdraw. The notice of the intention to

withdraw shall include an explanation of the present status of the case, the dates of the scheduled hearings

or other pending matters in the case and the potential consequences to the client’s case resulting from the

failure of the client to act promptly or to secure new counsel.

305.3. Personal Presence of Defendants

All felony defendants shall be present, whether virtual or in person, in Court at every stage of the

proceedings conducted in open Court. All felony defendants shall be personally present at every stage of

the proceedings including hearing on motions unless otherwise agreed upon or at the direction of the court

or in emergency situations as determined under Administrative Rule 17.

305.4. Presence of Traffic and Misdemeanor Defendants

Traffic and Misdemeanor defendants represented by counsel, upon request of counsel and leave of the

Court, may be excused from appearing in Traffic and Misdemeanor Court as the court may direct. A

traffic and misdemeanor defendant who is excused under this rule stipulates that notice to the attorney of

the next court date requiring the defendant’s presence shall constitute notice to the traffic and

misdemeanor defendant.

305.5. Witness Subpoena; Release

A witness whose appearance at a criminal trial has been compelled by a subpoena remains subject to the

subpoena until either (1) released by the court or (2) such time as the trial is continued or vacated by order

of the court.