Ind. Elkhart Cnty. Local Rule LR20-TR79-223

223.1. Selection of Agreed Special Judge

Within seven (7) days of the notation in the Chronological Case Summary of a judge granting a motion

for change of judge or recusing or disqualifying from a case pursuant to Trial Rule 79(C) or otherwise, the

parties shall attempt to select a special judge by agreement. As required by Trial Rule 79(D), the parties

shall have seven (7) days within which to file a written agreement:

223.2. When No Agreed Special Judge

When a change of judge has been granted and the parties are unable to agree upon a special judge or have

agreed to proceed directly under this subsection: a. If the case is in Elkhart Superior Court 2, it must be

transferred to Elkhart Superior Court 5. b. If the case is in Elkhart Superior Court 5, it must be transferred

to Elkhart Superior Court 2.

223.3. Failure of Special Judge to Accept or to Qualify; Failure to Meet Selection Deadlines

If, after the above transfer, the judge of the transferee court is unable to hear the case, the Chief Judge of

the administrative judicial district of which Elkhart County is a member, must appoint a special judge first

from the other full-time judicial officers within Elkhart County regardless of divisional assignment and

then from the full-time judicial officers within the judicial district. If the Chief Judge of the administrative

judicial district is unable to make the appointment, the district judge, who is not a judicial officer in

Elkhart County, with the most time of judicial service shall make the appointment.