Ind. Elkhart Cnty. Local Rule LR20-TR79-402

402.1. 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.

402.2. 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, then the Clerk of the Court shall transfer the case to one

of the other judicial officers within Elkhart County on a rotating basis as follows: Elkhart Circuit Court,

Elkhart Superior Court 1. Elkhart Superior Court 2, Elkhart Superior Court 3, Elkhart Superior Court 4,

Elkhart Superior Court 5.

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

If, after the above transfer, the special judge 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 judicial officers within Elkhart County regardless of divisional system, then from the judges

within the judicial district and then from the contiguous counties. 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.