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Ind. County Local Rule: floyd-local-rules

floyd-local-rules

activein force · 2025-04-01 – presentcompiled-edition

LOCAL RULES OF PRACTICE

FOR THE

COURTS OF THE 52ND

JUDICIAL DISTRICT

FLOYD COUNTY, INDIANA

LOCAL CIVIL RULES OF PRACTICE

FOR THE COURTS

OF THE 52nd JUDICIAL CIRCUIT

FLOYD COUNTY, INDIANA

Updated April 1, 2025

TABLE OF RULES

LR22-TR1-100 Applicability of Rules

LR22-TR3.1-101 Withdrawal of Appearance

LR22-TR3-102 Duties of Attorneys

LR22-TR3-103 Payment of Fees

LR22-TR5-104 Proof of Service

LR22-TR10-105 Form and Style of Pleadings/Filing of Pleadings

LR22-TR16-106 Pre-Trial Conferences/Assignment of Cases for Trial

LR22-TR7-107 Motions

LR22-TR53.5-108 Continuances

LR22-TR52-109 Findings of Fact

LR22-TR26-110 Discovery

LR22-TR32-111 Publication of Depositions

LR22-TR51-112 Jury Instructions

LR22-AR15-113 Praecipes/Transcripts

LR22-TR00-114 Ex Parte Orders

LR22-TR00-115 Sanctions

LR22-TR79-116 Appointment of Special Judges

LR22-TR00-117 Assignment of Cases to Equalize Workload between Courts

LR22-TR00-118 Contempt/Rule to Show Cause/Body Attachment

LR22-AR7-119 Evidence Handling, Retention and Destruction

LR22-JR4-120 Jury Rule

LR22-TR1-100

APPLICABILITY OF RULES

A. SCOPE. The following local rules of practice and procedure shall apply to cases filed

in the Circuit and Superior Courts of Floyd County, Indiana, but shall not apply to criminal cases

or cases on the Small Claims Docket unless otherwise indicated.

B. EFFECTIVE DATE. These local rules shall be effective _______, 2025, and shall

supersede such rules heretofore enacted by said Courts.

C. CITATION. These rules may be cited as Local Rule. (LR22-TR00- )

D. PURPOSE. These rules are promulgated pursuant to Trial Rule 81 of the Indiana

Rules of Trial Procedure and are intended to supplement the Indiana Rules of Trial Procedure.

LR22-TR3.1-101

WITHDRAWAL OF APPEARANCE

A. WITHDRAWAL OF APPEARANCE. Excepting appearances in estates and

guardianships, an attorney desiring to withdraw his appearance in any other proceeding shall file

a written motion requesting leave to do so accompanied by a notice of hearing or proof

satisfactory to the Court that at least ten [10] days prior written notice has been given to the

client and to all other parties of record in advance of the withdrawal date, which date shall be set

forth in the written notice. The motion must contain the address and phone number of the client.

B. WRITTEN NOTICE NOT REQUIRED. Written notice of intent to withdraw

representation pursuant to subdivision A is not required:

(1) In criminal, family law, and juvenile cases, where no motion is pending and

where no hearing or trial has been set; or

(2) In any case, after other counsel has appeared on the party’s behalf.

C. WITHDRAWAL IN ESTATE AND GUARDIANSHIP CASES. An attorney

desiring to withdraw his appearance in an estate or guardianship shall file a written motion

requesting leave to do so accompanied by a notice of hearing which shall be served at least ten

[10] days prior to the hearing upon the personal representative or guardian directing said person

to appear at the hearing.

D. WAIVER OF RULE. A motion for leave to withdraw an appearance accompanied by

a written appearance of successor counsel and, excepting appearances in estate or guardianship

matters, a motion to withdraw an appearance accompanied by a written consent of the client shall

constitute a waiver of the requirements of this local rule.

LR22-TR3-102

DUTIES OF ATTORNEYS

PREPARATION OF ENTRIES

A. STATUS OF PROCEEDINGS. Each attorney appearing of record and each party to

a proceeding shall at all times keep themselves informed of the status of the proceeding and shall

be particularly bound by hearing dates orally set by the Court from the bench in their presence.

B. PREPARATION OF ENTRY. When opposing counsel has appeared in a proceeding,

the attorney who has agreed to prepare an entry as requested by the Court shall place on the last

page of the entry appropriate signature lines indicating "prepared by" and "reviewed by" and shall

submit the entry to opposing counsel for examination. Opposing counsel shall promptly examine

the entry when submitted, shall sign the entry, and shall submit the entry tthe Court within five

[5] days of receiving same. If opposing counsel does not agree with the entry, counsel shall advise

the Court and request a conference, telephonic or otherwise.

C. FAILURE TO SUBMIT ENTRY. If opposing counsel shall fail or refuse to submit

the entry without advising the Court as to objections thereto within five [5] days of receiving the

same, the preparing attorney shall submit the entry to the Court advising the Court by letter of

opposing counsel's failure or refusal and the Court shall accept the entry without opposing

counsel's signature.

D. FAILURE TO PREPARE ENTRY. If an attorney agrees or is ordered to prepare an

entry and then fails to do so within fifteen [15] working days of the Court's request, opposing

counsel may prepare the entry and submit same to the Court advising the Court by letter of the

efforts made to gain preparation of the entry. Failure of counsel to prepare an entry as agreed or

as ordered may subject counsel to sanctions including the assessment of reasonable attorney fees

for counsel who prepared the entry.

E. ATTORNEYS FILING PLEADINGS WITH MULTIPLE CAUSE NUMBERS.

If an attorney files a pleading with more than one cause number, they shall provide the Court

with enough copies for each case for filing. This applies to Motions, Notices, and Orders.

LR22-TR3-103

PAYMENT OF FEES

A. INITIAL FEES. Unless the Court has previously entered a written Order waiving the

pre-payment of the filing fee in whole or in part, all fees associated with the filing of a case shall

be prepaid to the Clerk when the case is filed.

B. TRANSFER FEES. All fees and costs associated with the transfer of a case to

another county or transfer of a case from the small claims docket to the civil plenary docket shall

be paid within twenty [20] days of the Order directing transfer and the failure to pay such costs

shall result in the rescinding of the Order directing transfer and jurisdiction of the case shall

remain with the Court, or the case shall be transferred back to the small claims docket as

applicable, unless the Court has entered a written order waiving the pre-payment of the fee in

whole or in part.

LR22-TR5-104

PROOF OF SERVICE

A. TRIAL RULE 5 REQUIREMENTS. Proof of service of pleadings or papers

required to be served by Trial Rule 5 may be made either by:

[1] a certificate of service signed by an attorney of record which certificate shall identify

by name and address the person or persons to whom service is directed; or

[2] an acknowledgment of service signed by the party served or the attorney of record if

such party is represented by an attorney.

B. VERIFYING SERVICE OF PROCESS. It is the responsibility of counsel and Pro

Se parties to verify service of process. Court personnel are not required to review case files to

determine if a party has acquired service of process. Counsel and Pro Se parties may access the

Chronological Case Summary online or by use of the public access computers located in the

office of the Floyd County Clerk to determine if service of process has been acquired. If

necessary, Court files may be reviewed to verify service of process.

LR22-TR10-105

FORM AND STYLE OF PLEADINGS, Motions, Memoranda, and Briefs

A. Pleadings, Motions, Memoranda, and Briefs shall comply in all respects to Trial

Rule 10.

B. ORDERS AND ENTRIES. Except as required by Local Rule LR22-TR3-102, all

proposed orders and entries shall reflect the name of the preparer under the indication "prepared

by", shall be submitted in sufficient number for each person entitled to service and shall contain

a distribution list identifying by name and address each person entitled to service. The preparer

shall provide sufficient pre-stamped pre-addressed envelopes to the court for mailing of the

orders or entries.

TR22-TR16-106

PRE-TRIAL CONFERENCES

ASSIGNMENT OF CASES FOR TRIAL

A. COURT CALENDAR. A calendar of cases assigned for bench trial or jury trial shall

be kept by the Court and the Court Reporter shall enter on the calendar at the direction of the

Court, the style, cause number, and the time and date the trial is assigned to commence.

B. REQUIRED PRE-TRIAL CONFERENCE. No case shall be assigned for jury trial

without the Court having conducted a pre-trial conference thereon and any party or attorney of

record desirous of acquiring a jury trial shall first file a motion requesting a pre-trial conference

accompanied by a proposed order.

C. OTHER PRE-TRIAL CONFERENCES. The Court, in its discretion, may require a

pre-trial conference on certain cases to be heard at bench trial and the Court shall, sua sponte, set

such cases for conference. Any party or attorney of record desirous of having a pre-trial

conference for such cases may file a motion requesting same accompanied by a proposed order.

D. ATTENDANCE AT PRE-TRIAL CONFERENCE. At least one attorney for each

party who is a member of the Indiana Bar and who will participate in the trial shall appear at the

pre-trial conference. An attorney who fails to attend a pre-trial conference shall be bound by the

trial date set by the Court as well as such other matters as contained in the Court's Pre-Trial

Order.

E. REQUESTS FOR BENCH TRIAL. The assignment of a case for bench trial may be

had by motion duly filed and accompanied by a proposed order. Said motion shall reflect an

estimate of the trial time required.

F. TRIAL ASSIGNMENTS. The Court may assign a case for trial by jury on a primary

and/or secondary basis. Ten [10] days prior to the scheduled trial date, an attorney whose case

has been assigned for trial on a primary basis may file a Certificate of Readiness indicating the

intention of proceeding to trial as scheduled. The failure to file such Certificate may result in

forfeiture of the primary trial date if an attorney whose case has been assigned on a secondary

basis files such Certificate and in such event the case assigned on a secondary basis shall be

heard.

G. CERTIFICATE OF READINESS. If a Certificate of Readiness is filed pursuant to

subsection F of this Local Rule, the Certificate shall be served on all parties in a cause and shall

contain a certificate of service. The Certificate shall state:

[1] that the cause is at issue;

[2] that discovery has been completed or will be completed by the scheduled trial date;

and

[3] that opposing counsel was advised of the party's intention to file the Certificate five

(5) days prior to its filing.

LR22-TR7-107

MOTIONS

A. GENERALLY. Pursuant to Trial Rule 7(B), unless made during a hearing or trial, or

otherwise ordered by the court, an application to the court for an order must be made by written

motion. The motion must state the grounds therefor and the relief or order sought and be

accompanied by a separate proposed order.

B. HEARINGS REQUIRED. Excepting motions to correct error, motions for summary

judgment or other motions described in subsection E, subsection F and subsection G of this rule,

all motions shall be accompanied by a separate motion requesting a hearing and a proposed order

for the scheduling of a hearing date.

C. NOTICE OF MOTION AND ORDER. In lieu of the requirement of subsection C of

this rule, an attorney may utilize a Notice of Motion and Order for routine matters such as a

motion for continuance, motion to amend pleading, motion to shorten time, motion to add

parties, motion to compel discovery and the like. The Notice of Motion shall indicate that the

Court will rule on the motion and enter its Order beginning at 9:00 A.M. on the Monday which is

not less than five [5] working days from the date of the Court's actual receipt of the Notice of

Motion.

D. MOTION TO CORRECT ERROR. At any time before the Court has ruled upon a

Motion to Correct Error, any party may request a hearing on such Motion by filing a written

motion requesting a hearing and a proposed order for the scheduling of a hearing date. It shall be

discretionary with the Court whether a hearing shall be held on such Motion to Correct Error.

E. HEARING NOT REQUIRED. At the time of filing, the following motions shall be

summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing on

such motion should be scheduled.

[1] Motion for Enlargement of Time [initial request]

[2] Motion to Reconsider [denial of]

[3] Motion for Change of Venue from Judge/County

[4] Motion for Default Judgment

[5] Joint Motion for Continuance

[6] Motion to Dismiss Settled

[7] Motion to Set Hearing/Pre-trial conference/Bench Trial

[8] Motion to Withdraw Appearance excepting in Estate, Guardianship or Criminal

Matters which are subject to the provisions of [Local Rule LR22-TR3.1-101 and

LR22-CR2.1-201]

[9] Such matters as permitted by statute or Trial Rule.

F. ENLARGEMENTS OF TIME. Pursuant to Trial Rule 6, a party may receive

one automatic thirty-day enlargement of time to respond to a complaint or other pleading by

filing a notice with the court. The notice must include the date when the response was initially

due and the date to which time is enlarged. If the party files the notice on or before the original

due date, the enlargement is granted without a written order by the court.

LR22-TR53.5-108

CONTINUANCES

Written motions for continuance shall comply with Trial Rule 7(D).

LR22-TR52-109

FINDINGS OF FACT

In all cases where findings of fact by the Court are requested or required, counsel of

record shall submit to the Court proposed findings setting forth all facts claimed to have been

established and the conclusions of law thereon. The proposed findings and conclusions shall be

submitted to the Court on computer disc or by e-mail in the Court’s discretion within such time

as directed by the Court.

LR22-TR26-110

DISCOVERY

A. USE OF FORM DISCOVERY. No "form" discovery shall be served upon a party

unless all discovery requests on such forms are consecutively numbered and applicable to the

case in which the same are utilized. The intent and purpose of this rule is to prohibit the use of

form discovery unless applicable to the case at bar or where the nature of the case or the number

of the parties makes the use of such forms necessary and appropriate.

B. ADMISSIONS FORMAT. Answers or objections to requests for admissions filed

and served pursuant to Trial Rule 36 shall set forth in full the request for admissions being

answered or objected to immediately preceding the answer or objection.

C. MOTIONS FOR DISCOVERY. The Court shall refuse to rule on any and all

motions for discovery concerned with the production of documents or things, permission to enter

upon land or other property for inspection and other purposes, for physical or mental

examination, or to compel discovery provided in Trial Rules 26 through 37, unless moving

counsel shall first advise the Court in writing that after personal consultation and sincere

attempts to resolve differences with opposing counsel, they are unable to reach an accord. Such

written advisement to the Court shall include a history with the date, time and place and the

names of all parties and attorneys with whom the effort has been attempted.

D. LIMITATION ON INTERROGATORIES. The number of interrogatories which

may be served pursuant to Trial Rule 33 shall be limited so as to require the answering party to

make no more than forty [40] answers, each sub-part of an interrogatory counting as one [1]

answer. Waiver of this limitation will be granted by order of the Court in cases in which such

limitation would work a manifest injustice or would be impractical because of the complexity of

the issues of the case. Each motion requesting waiver of this limitation shall contain as an exhibit

the interrogatories which the party proposes to serve. This limitation does not mean a limit of

forty (40) interrogatories and answers for the entire case but rather to each set of interrogatories

propounded.

LR22-TR32-111

PUBLICATION OF DEPOSITIONS

The seal on depositions shall be broken and the deposition deemed published upon filing

with the Court. When depositions are utilized in support of, or in opposition to, a motion for

summary judgment or other matter, the pleadings and/or memoranda filed in support or

opposition to such motion shall make specific reference by page and line or question number to

those places in such deposition which purport to demonstrate the presence or absence of material

fact.

LR22-TR51-112

JURY INSTRUCTIONS

Proposed final instructions, special or Indiana Model Civil Jury Instructions, shall be

submitted on letter size [8 1/2 x 11] paper, double-spaced, with all designations including

indications for the Court's disposition placed on the bottom three [3] inches of the instruction.

The parties shall submit a second set of proposed final instructions containing no

designation of who submitted them, or other identifying references, and shall contain only the

statement of law. This set of jury instructions may be sent with the jury to the jury room for use

during deliberations. These instructions shall also be presented to the court on computer disc or

by e-mail in the Court’s discretion.

LR22-AR15-113

PRAECIPES/TRANSCRIPTS

A. CONTENT. All notice of appeal and requests for transcripts shall be in writing and filed with

the Clerk of the Court. Such notices and requests for transcripts relating to trials by jury shall not

include voir dire, opening statements, and closing statements unless specifically requested.

B. COSTS. The party requesting a transcript shall obtain an estimate of the cost of the transcript

from the Court Reporter and shall pay a deposit equal to one-half of the estimated cost of the

transcript before the transcription process is undertaken by the Court Reporter. The remaining

estimated cost of the transcript shall be paid upon notification by the Court Reporter to the

requesting party that one-half of the transcript has been completed. The actual total cost of the

transcripts shall be paid in full before the transcript is released to the requesting party.

C. COURT REPORTER RULE (Pursuant to Adm. Rule 15) Definitions.

The following definitions shall apply under this local rule:

(1) 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 governmental entity and

used by a Court Reporter in performing court reporting services. Equipment shall include, but

not be limited to, telephones, computer hardware, software programs, disks, tapes and any other

device used for recording and 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 7.2.

(5) Recording means the electronic, mechanical, stenographic or other recording made as

required by Indiana Rule of Trial Procedure 74. 12

(6) Regular hours worked means those hours which the court is regularly scheduled to work

during any given work week. Depending on the particular court, these hours may vary from court

to court within the county but remain the same for each work week.

(7) Gap hours worked means those hours worked that are in excess of the regular hours worked

but 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 throughout 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 in Floyd 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.

(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, including but not limited to a deposition transcript that

is paid for by a private party.

SECTION 2

A. Salaries. 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 enter into a written agreement with the

court reporters which outlines the manner in which the Court Reporter is to be compensated for

gap and overtime hours; i.e. monetary compensation or compensatory time off regular work

hours.

B. Per Page Fees. The Court Reporter shall be compensated at the rate of Five Dollars and Fifty

Cents ($5.50) per page for any county indigent, state indigent or private transcripts prepared. The

Court Reporter shall submit directly to the county a claim for the preparation of the county

indigent transcript as other county claims are submitted.

If the Court Reporter is requested to prepare an expedited transcript, the per page fee shall be

Ten Dollars ($10.00) per page where the transcript must be prepared within twenty-four (24)

hours or less and Eight Dollars and Fifty Cents ($8.50) per page where the transcript of fifty (50)

pages or more and is to be prepared in an expedited fashion, the maximum per page fee shall be

Eight Dollars and Fifty Cents ($8.50) per page and shall be prepared within a time frame to be

agreed upon between the Court Reporter and the Attorney. Index and Table of Contents will be

charged at the same rate as the other pages. 13

Copies shall be made at the rate of Two Dollars and Seventy-five Cents ($2.75) per page.

C. Minimum Fee. A minimum fee of Fifty Dollars ($50.00) will be charged for transcripts less

than ten (10) pages in length.

D. Binding and Disk Fees. An additional fee shall be added to the cost of the transcript for:

(1) The time spent binding the transcript and the exhibit and index volumes at an hourly rate

based on one and one-half (1 ½) times the Court Reporter’s hourly rate.

(2) The costs of office supplies and utilized for finding and transmission of the transcript

pursuant to the Indiana Rules of Appellate Procedure 28 and 29. Said costs shall be pursuant to a

Schedule of Transcript Supplies established and published annually by the Courts.

E. Annual Report Requirement. Each Court Reporter shall report, at least on an annual basis,

all transcript fees received for the preparation of either county indigent, state indigent or private

transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting

shall be made on forms prescribed by the Division of State Court Administration.

F. Private Practice. If a Court Reporter elects to engage in private practice through the

recording of a deposition and/or preparing a deposition transcript, all such private practice work

shall be conducted outside regular working hours.

If a Court Reporter engages in such private practice and the Court Reporter desires to utilize the

court’s equipment, work space and supplies, and the court agrees to the use of the court

equipment for such purpose, the court and the Court Reporter shall enter into a written agreement

which must, at a minimum, designate the following:

(1) The reasonable market rate for the use of equipment, work space and supplies.

(2) The method by which records are to be kept for the use of equipment, work space and

supplies.

(3) The method by which the Court Report is to reimburse the court for the use of the equipment,

work space and supplies.

G. Disk as Official Record. Upon the filing of a notice of appeal or written request for transcript

or the Court Reporter shall transcribe any court proceeding requested and produce an original

paper transcript along with an electronically formatted transcript.

Multiple disks containing the electronically formatted transcript shall be prepared and designated

as “Official Record,” “Court Reporter’s Copy," "Court’s Copy" and “Party Copy.” Each disk

shall be labeled to identify the case number, the names of the parties, the date completed, the

Court Reporter’s name, and the disk number if more than one disk is required for a complete 14

transcript. The Court’s Copy of the electronic transcript shall become the official record of the

court proceeding, in lieu of a paper copy of the transcript, and shall be retained in the court

where said proceeding was held. The Court Reporter’s Copy shall be retained by the Court

Reporter. The original paper transcript along with the disk designated as the Official Record

shall be forwarded to the Clerk if the transcript was prepared for purposes of appeal. If the

transcript was not prepared for purposes of appeal, the original paper transcript shall be delivered

to the requested party.

SECTION 3

A. Assembly of the Clerk’s Record. Upon the filing of a notice of appeal, the trial court clerk

shall assemble the Clerk’s Record. The Clerk’s Record shall be bound and secured by using any

method which is easy to read and permits easy disassembly for copying.

(Amended effective January 1, 2012)

LR22-TR00-114

EX PARTE ORDERS

Ex parte proceedings are highly disfavored. In civil cases the Court may enter orders, ex

parte, in those matters as set forth in Local Rule LR22-TR7-107(E) or (G).

Upon motion of any party adversely affected by any ex parte proceeding not in

conformity with this rule, the Court, after notice and opportunity to be heard, may direct that the

party or attorney seeking an ex parte order shall pay to the adversely affected party the

reasonable attorneys’ fees associated with the opposition to the ex parte order.

LR22-TR00-115

SANCTIONS

A. COURT ACTION. When a party or counsel for a party fails to comply with any of

these Local Rules, the Court, after advising the party of the noncompliance, may direct the Clerk

of the Court to refuse to accept the pleadings or papers to be filed, or, if inadvertently accepted

for filing, direct that such pleadings or papers be stricken from the record.

A. COSTS. In addition to the foregoing, the Court may order the party or counsel for the

party failing to comply with these Local Rules to pay reasonable expenses, including

attorneys fees, caused by the failure.

LR22-TR79-RULE 116

APPOINTMENT OF SPECIAL JUDGES

A. SELECTION OF ASSIGNMENT JUDGE. On or before October 1st of each year, the

Judges of the Circuit and Superior Courts of Floyd County shall meet with the presiding judges of

Administrative District 23 for the purpose of selecting a judge designated as the assignment judge

who shall serve the Administrative District for a period of twelve (12) months.

B. SECTION H APPOINTMENTS. In the event it becomes necessary to appoint a special

judge under Section H of Trial Rule 79 of the Indiana Rules of Trial Procedure, the judge before

whom the case is pending shall send notice of the need of the appointment of a special judge to the

Administrative District's assignment judge who shall then make such assignment within five (5)

days of receiving said notice.

C. METHOD OF ASSIGNMENT. The Administrative District's assignment judge shall

select special judges from a roster of the available judges in the Administrative District. The

assignments shall be in a sequential order beginning with the name of the judge following the last

judge so assigned. If, however, a judge is otherwise disqualified to hear a particular case, that judge

shall be deemed to be the next in sequence until assigned a case. The assignment judge shall

maintain a record of all assignments and shall issue a summary report of the assignments on a

quarterly basis.

D. ROSTER OF AVAILABLE JUDGES. The roster of available judges in

Administrative District 23 shall be maintained by Court designation in the following sequential

order and shall include senior judges as available:

(1) Clark Circuit #1

(2) Clark Circuit #2

(3) Clark Circuit #3

(4) Clark Circuit #4

(5) Clark Superior #5

(6) Clark Superior #6

(7) Clark Magistrate A

(8) Clark Magistrate B

(9) Clark Magistrate C

(10) Clark Magistrate D

(11) Floyd Circuit

(12) Floyd Superior #1

(13) Floyd Superior #2

(14) Floyd Superior #3

(15) Floyd Magistrate

(16) Scott Circuit

(17) Scott Superior

(18) Scott Magistrate

(19) Senior Judges who agree to serve as Special Judge

E. APPOINTMENT ORDER. Upon selecting a special judge, the assignment judge shall

prepare an Order of Appointment and forward said Order to the judge before whom the case is

pending and enter an Order of Appointment and forward a copy of the Order to the special judge

and the attorneys of record.

F. ACCEPTANCE OF JURISDICTION. The Order of Appointment, when entered on

the CCS by the judge before whom the case is pending, shall constitute acceptance of jurisdiction

by the appointed special judge unless the judge is otherwise disqualified, and no special

appearance, oath or additional evidence of acceptance shall be required.

G. IMPLEMENTATION OF RULE. In the event a selected judge does not accept an

appointment to serve as a special judge under the provisions of Section (D), (E) or (F) of

Trial Rule 79 of the Indiana Rules of Trial Procedure, the judge before whom the case is pending

shall notify the assignment judge of the need for an appointment of a special judge under this local

rule.

H. CERTIFICATION TO SUPREME COURT. If, under the provisions of this Rule, no

judge is eligible to serve as a special judge in a case, the assignment judge shall notify the judge

before whom the case is pending who shall then certify such fact to the Indiana Supreme Court for

the appointment of a special judge.

If the judge before whom the case is pending is of the opinion that the particular

circumstances of a case warrants selection of a special judge by the Indiana Supreme Court, said

judge shall certify such facts to the Indiana Supreme Court for the appointment of a special judge.

Under such circumstance this Rule shall not be implemented unless the Indiana Supreme Court

declines to appoint a special judge.

I. FORM OF ORDER. The Order of Appointment shall be in the following form:

IN THE ____________ COURT FOR __________COUNTY

STATE OF INDIANA

(CAPTION)

ORDER OF APPOINTMENT

Under the provisions of Trial Rule 79(H) of the Indiana Rules of Trial Procedures, the

Honorable __________ of the __________ Court of __________ County is hereby appointed to

serve as Special Judge in the above-captioned case.

SO ORDERED AND ASSIGNED THIS ______ DAY OF _______, 20____, BY THE

ASSIGNMENT JUDGE FOR THE 23RD JUDICIAL DISTRICT.

____________________________

Assignment Judge

(Amended effective March 1, 2022)

LR22-TR00 RULE 117

ASSIGNMENT OF CASES TO EQUALIZE

WORKLOAD BETWEEN COURTS

A. Assignment. The judges of the Circuit and Superior Courts shall meet on or before

October 15 of each year to assign cases to review the Caseload Allocation Plan. Different numbers

of cases may be assigned to each court based on the caseload statistics received each year from the

Office of Court Services.

B. Transfer. Transfer between the Floyd Circuit Court and the Floyd Superior Courts

shall be accomplished pursuant to IC 33-29-1-9 & 10, which allows the judges to transfer cases

between courts with mutual consent and to sit on any case in any court with mutual consent.

C. Authority of Judicial Officer to Serve in Other Courts. Upon request, a judicial

officer of a court of record within a county or district may serve as acting judge in any matter in

any court within the judicial officer’s county, district, and contiguous counties. The acting judge

serves as if the judicial officer were the elected judge in that court. The authority to serve as acting

judge applies even when the regular judge of the other court is present and available in the building

that contains the court.

D. Criminal Cases. Except as otherwise specifically provided for, all cases which include

Class A, Class B, Class C, Class D, Level 1, Level 2, Level 3, Level 4, Level 5 or Level 6 Felony

offenses, as the most serious charged offense, or Misdemeanor Domestic Violence cases shall be

assigned as follows:

25% in Circuit Court, 75% in Superior Court #1, unless the defendant has military history

or is participating in an adult problem-solving court, then the case shall be filed in Superior Court

#3.

(1) All Murder cases shall be filed 50% in Floyd Circuit Court and 50% in Floyd

Superior Court 1, unless the defendant has military history or is participating in an

adult problem-solving court, then the case shall be filed in Superior Court #3.

(2) If a Defendant is charged with a new offense of any Level and has a pending case, or

is presently on probation or has a case under advisement or a case which has been

diverted in the Circuit Court or Superior Court #1, then such new case shall be filed

in the respective Court where the Defendant is on probation or the other case is

pending, under advisement or diverted.

(3) If a Defendant picks up a new charge and that Defendant does not have military

history and is not participating in an adult problem-solving court but is on probation,

diversion, or has other pending case in Floyd Superior Court 3, then the probation,

diversion, or pending case shall be transferred to the Court where the new charge is

filed.

(4) All Traffic Infractions and Ordinance Violations shall be filed in the Superior Court

#2.

(5) All Motor Vehicle Code violations shall be filed in Superior Court #2, unless the

defendant has military history, then the case shall be filed in Superior Court #3.

(6) All Traffic Misdemeanor and Level 6 Felony Traffic cases shall be filed in Superior

Court #2 unless the Defendant has military history, is participating in an adult problem-solving court, or has a pending case, or is presently on probation, or has a case under

advisement, or a case which has been diverted, in the Circuit Court or Superior Court

#1. In the event of such occurrence, the new charge shall be filed in the respective

Court where the Defendant is on probation or the other case is pending, under

advisement or diverted or in Superior Court #3, if the Defendant has military history or

is participating in an adult problem-solving court.

(7) If a Defendant has a pending case or is on probation or has a case under advisement

or a case which has been diverted in Superior #2 and is charged with a new Level 6 non-

traffic Felony, such cases shall be assigned as follows: 75% in Superior Court #1 and

25% in Circuit, unless the defendant has military history or participating in an adult

problem-solving court, then the case shall be filed in Superior Court #3.

(8) All other Misdemeanor offenses cases shall be filed in the Superior Court #2 unless

the Defendant has a pending case, or is presently on probation, or has a case under

advisement, or a case which has been diverted, in the Circuit Court or Superior Court

#1. In the event of such occurrence, the new charge shall be filed in the respective

Court where the Defendant is on probation or the other case is pending, under

advisement or diverted, unless the defendant has military history or is participating in a

Floyd County Adult Problem-Solving Court, then the case shall be filed in Superior

Court #3.

(9) In the event a criminal case is dismissed, and thereafter, the same or similar case is

filed against the same defendant(s) based upon the same transaction, the case shall be

assigned to the judge who entered the Order of Dismissal on the earlier case.

D. Civil Cases

(1) Except as provided by statute, Civil Tort (CT), Civil Plenary (CP), Mortgage

Foreclosure (MF), Eviction (commercial) (EV) and Miscellaneous cases (MI) shall be

filed in Superior Court #3. However, (a) any civil case filed for forfeiture of property

seized by law enforcement under a criminal case, shall be filed in the Court where the

related criminal case is filed; and (b) any civil case that has an ancillary DC, DN, GV, or

JP case shall be filed in the Court where the ancillary case is filed.

(2) Civil Collection (CC) cases $2,500 and over shall be filed in Superior Court #3.

(3) Civil Collections (CC) cases under $2,500 shall be filed in Superior Court #2.

(4) TP and TS cases (Application for Judgment and Petitions for Issuance of Tax Deed)

shall be filed in Circuit Court.

(5) RF and RA cases may be filed in any of the Floyd County Courts.

E. Protection Order. All Protection Orders (PO) shall be filed in Superior Court #3 (See

Local Rule LR22-FR00-314 regarding transfer of Protection Order cases).

F. Domestic Relations (DC, DN) and Grandparent Visitation (GV) Cases. All Pro Se

DN, DC, and GV cases shall be filed in the Superior Court #3. All non-pro se DN, DC, and GV

cases may be filed on an open basis in Circuit Court, Superior Court #1, or in Superior Court #3.

G. Reciprocal Support and IV-D Child Support Cases. All Reciprocal Support and IV-D child support cases shall be assigned to the Superior #1.

H. Small Claims. All Small Claims and Eviction (residential) (EV) cases shall be filed in

Superior Court #2.

I. Mental Health. Mental Health cases may be filed in any of the Floyd County Courts.

J. Juvenile. All JP, JC, JT and JM (CHINS) cases shall be filed in Circuit Court subject to

LR22-TR-00-117B. All JD, JS and JM (Delinquent) cases shall be filed in Circuit Court subject to

LR22-TR-00-117B. All JP, JD, JS and JM (Delinquent) shall be heard by the Magistrate unless the

Magistrate has a conflict or is unavailable. In such event the elected Circuit Court Judge or a

Senior Judge shall hear the case. If the State of Indiana files a Motion to Waive Juvenile

Jurisdiction in a JD case, the waiver hearing shall be conducted by the elected Circuit Court Judge.

K. Adoptions, Guardianships and Estates. All Adoptions, Guardianships, Trust matters

and Estates (supervised, unsupervised and miscellaneous) shall be filed in the Circuit Court.

L. Expungements (XP). A Petition for Expungement shall be filed in the Court where the

highest level of felony or misdemeanor conviction was entered. If the same level of conviction was

entered in multiple courts, the petition may be filed on an open basis in any Court in which the

highest level felony was entered.

M. Commercial Court eligible (CE). Any case which is eligible to be filed in

Commercial Court shall be filed in Superior Court #3.

N. Adult Problem Solving Court Program(s).

(1) Floyd County Problem Solving Court Program(s) shall be established pursuant to IC 33-

23-16-11 and in accordance with Floyd County Local Rules to provide specialized

services, including: clinical assessment, education, referral for treatment, and service

coordination and case management for eligible defendants and probationers, as

determined by its written policy and procedures.

(2) Those persons directed to participate in any Floyd County Problem Solving Court

Program shall pay the following fees in accordance with IC 33-23-16-23

(a) The program fee, not to exceed one hundred ($100.00) dollars, per admission for

initial problem solving court services regardless of the length of participation;

(b) The court service fee, not to exceed fifty ($50.00) dollars per month beginning in the

second month of participation and for each month of participation thereafter for the

duration of individual’s participation; and

solving court.

(d) Any additional costs associated with recommended treatment, fees, other costs and

restitution.

(e) Any fee may be waived by Order of the Court to avoid a financial hardship, upon

termination, subsequent disqualification from the program or for any other

reasonable circumstances determined by the court.

(3) The clerk of the court shall collect and transmit the program fee within thirty (30) days

after the fees are collected, for deposit by the auditor or fiscal officer in the appropriate

user fee fund established under IC 33-37-8.

(4) The day-to-day operation and management of Floyd County Problem-Solving Courts

shall be assigned to Floyd Superior Court 3.

(5) All criminal charges shall be filed as provided for in this rule. However, after a charge

has been filed, a judge may refer the defendant to a Problem Solving Court, and if

accepted by the Problem Solving Court the Judge may transfer the defendant’s case to

the Problem Solving Court for admission and disposition in accordance with IC 33-23-

16-13, 14 or 15 and the Problem Solving Court policies and procedures.

(6) A Floyd County Problem Solving Court may initiate and/or accept transfers of

individuals from another court.

M. Allocation of use of the Magistrate for Purposes of Weighted Caseload Utilization.

Circuit Court shall be allocated two and three-quarter (2 ¾) days per week for use of the

Magistrate. Superior Court #2 shall be allocated one and a quarter (1¼) days per week for use of

the Magistrate. Superior Court #1 shall be allocated three-quarters (¾) of a day per week for use of

the Magistrate. Superior Court #3 shall be allocated one-quarter (¼) day per week for use of the

Magistrate. When reporting quarterly and annual statistics to Indiana Office of Court Services, it

shall be the duty of the Court Reporter of each Court to include the Magistrate’s allocated time in

such quarterly and annual reports.

(Approved effective March 1, 2020)

LR22-TR00-118

CONTEMPT/RULE TO SHOW CAUSE/BODY ATTACHMENT

A. Contempt. Upon failure of a party/person to appear as ordered for any Court

proceeding a contempt citation may be filed as to said party/person.

B. Body Attachment. Body Attachment shall be requested and issued only when the

party/person previously ordered to appear for a Court proceeding was personally served with

notice of a contempt hearing pursuant to I.C. 34-47-4-1.

C. Expiration and Recall of Body Attachments.

(1) Expiration. Body Attachments expire one year after issuance.

(2) Recall. If during the pendency of a Body Attachment, a party desires to recall said

Body Attachment, said party shall file a written notice to recall Body Attachment forthwith

stating the reason for the recall.

APPENDIX

Local Civil Forms

1 Body Attachment - (Local Rule: LR22-TR00-118)

IN THE FLOYD CIRCUIT/SUPERIOR/COUNTY COURT

STATE OF INDIANA

PLAINTIFF/PETITIONER

VS CAUSE NO:

DEFENDANT/RESPONDENT

WRIT OF BODY ATTACHMENT

Expiration Date:

TO THE SHERIFF OF FLOYD COUNTY, STATE OF INDIANA:

You are hereby commanded to attach the body of:

NAME:

ADDRESS:

DOB:

SS#:

pursuant to IC 34-47-4-2, and forthwith bring him/her before the Judge of the Floyd

Circuit/Superior Courts to answer for a Contempt of Court for: [state reason].

BAIL: $ COURT CASH OR SURETY

ESCROW: $ DEPOSITED WITH THE FLOYD COUNTY CLERK

[IF CHILD SUPPORT ARREARAGE]

SO ORDERED this day of, 200_.

JUDGE

FLOYD CIRCUIT/SUPERIOR COURT

LR 22-AR Rule 7-1-119

EVIDENCE HANDLING, RETENTION AND DESTRUCTION

Retention Periods for Evidence Introduced in All Non-criminal 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 Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and

parties are reminded of the requirements of Appellate Rule 29.

Retention Periods for Evidence Introduced in Criminal Misdemeanor, Level 6

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 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 post-conviction action, is

pending.

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

stenographic notes as provided in administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and

parties are reminded of the requirements of Appellate Rule 29.

Retention Periods for Evidence Introduced in level 1-5 Felonies and Attempts.

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

case placed I 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 Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and

parties are reminded of the requirements of Appellate rule 29.

Retention Periods for Evidence Introduced in Murder, Life without Parole, and

Death Penalty Cases.

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

case placed in the custody of the court reporter shall be retained for the lifetime of the defendant

in cases where the defendant is found guilty. 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 or the defendant found not

guilty, 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 Administrative rule 7.

Courts should be encouraged to photograph as much evidence as possible and courts and

parties are reminded of the requirements of Appellate Rule 29.

Non-documentary and Oversized Exhibits

Non-documentary and oversized exhibits shall not be sent to the appellate level courts,

but shall remain in the custody of the trial court or trial court 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 guns, drugs, currency, or other dangerous or valuable

items be included in appellate records.

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 may consider the issue and rule appropriately

before trial. A party may 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.

Notification and Disposition

In all cases, the court shall provide actual notice, by mail (including e-mail), to all

attorneys of record and to parties only if unrepresented by counsel, that the evidence will be

destroyed by a date certain if not retrieved before that date. Counsel and parties have the duty to

keep the court informed of their current addresses and notice to the last current address shall be

sufficient. Court reporters should maintain a log of retained evidence and scheduled disposition

date, and evidence should be held in a secure area. At the time of removal, a detailed receipt

shall be given to the court reporter by the party receiving and removing the evidence. The

receipt will be made part of the court file.

In all cases, evidence which is not taken back after notice should be disposed of by the

sheriff on the court’s order. 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.

LR 22-JR4 - Rule -120

Jury Rule

Pursuant to Indiana Jury Rule 4, the Floyd Circuit and Superior Courts select by Local Rule the

two-tier notice and summons procedure. The jury administrator for the Floyd Circuit and

Superior Court shall compile the jury pool by randomly selecting names from the Master list

created by the Jury Pool Project and compiled at least quarterly. The jury pool is accessible for

either petit or grand jury. The jury administrator shall mail a jury qualification form and notice

of the period for jury service after the drawing of names from the jury pool as required by the

judges of the Floyd Circuit and Superior Courts. As needed, the judges of the Floyd Circuit and

Superior Courts shall inform the jury administrators periodically to summon prospective jurors

for trials, and summonses transmit through regular mail to the prospective jurors. The judges of

the Floyd Circuit and Superior Courts shall furnish to the jury administrator the form of the

summons, jury qualification form, and notification form.

This Local Rule shall be effective ____, 2025.

LOCAL CRIMINAL RULES OF

PRACTICE

FOR THE COURTS

OF THE 52nd JUDICIAL CIRCUIT

FLOYD COUNTY, INDIANA

Updated: April 1, 2025

TABLE OF RULES

LR22-CR1-200 Applicability of Rules

LR22-CR2.1-201 Withdrawal of Appearance

LR22-CR18-202 Duties of Attorneys/Preparation or Entries

LR22-TR7-203 Motions

LR22-CR2.2-204 Pre-Trial Conferences/Assignment of Cases for Trial

LR22-TR53.5-205 Continuances

LR22-TR52-206 Findings of Fact

LR22-CR00-207 Bonds and Bond Schedules

LR22-CR2.2-208 Case Assignment

LR22-CR2.3-209 Transfer

LR22-CR2.2-210 Re-assignment

LR22-CR00-211 Warrants

LR22-TR28-212 Depositions

LR22-TR51-213 Jury Instructions

LR22-CR00-214 Transcripts

LR22-CR00-215 Sanctions

LR22-JR4-216 Jury Rule

LR22-CR1-200

APPLICABILITY OF RULES

A. SCOPE. The following local criminal rules of practice and procedure shall apply to

cases filed in the Circuit and Superior Courts of Floyd County, Indiana.

B. EFFECTIVE DATE. These local rules shall be effective as of ____, 2025.

C. CITATION. These rules may be cited as Local Criminal Rule. LR22-CR00- )

D. PURPOSE. These rules are promulgated pursuant to, and are intended to supplement,

the Indiana Criminal Rules as adopted by the Indiana Supreme Court.

LR22-CR2.1-201

WITHDRAWAL OF APPEARANCE

A. WITHDRAWAL OF APPEARANCE. An attorney desiring to withdraw his

appearance shall file a written motion requesting leave to do so accompanied by a notice of

hearing which shall be served upon the defendant directing said person to appear at the hearing,

unless incarcerated, in which event the defendant shall be produced in Court for said hearing.

The motion must contain the address and phone number of the defendant.

B. WAIVER OF RULE. A motion for leave to withdraw an appearance accompanied by

a written appearance of successor counsel and a written consent of the defendant shall constitute

a waiver of the requirements of this local rule.

C. TERMINATION OF APPEARANCE. An attorney’s representation of a Defendant

shall be conclusively presumed to be withdrawn/terminated five (5) days from the

expiration of the time within which a Notice of Appeal must be filed.

LR22-CR18-202

DUTIES OF ATTORNEYS

PREPARATION OF ENTRIES

A. STATUS OF PROCEEDINGS. The Prosecuting Attorney and each attorney

appearing of record shall at all times keep themselves informed of the status of the proceeding

and shall be particularly bound by hearing dates orally set by the Court from the bench in their

presence.

B. PREPARATION OF ENTRY. When the Prosecuting Attorney or an attorney of

record for a defendant has agreed to or has been directed by the Court to prepare an order or

entry, such attorney shall place on the last page of the entry appropriate signature lines indicating

"prepared by" and "reviewed by" and shall submit the entry to opposing counsel for examination.

Opposing counsel shall promptly examine the entry when submitted, shall sign the entry, and

shall submit the entry to the Court within five [5] days of receiving same. If opposing counsel

shall fail or refuse to sign or submit the order or entry within five (5) days of receiving same

without advising the Court and the preparing attorney as to objections thereto, the preparing

attorney shall advise the Court by letter of opposing counsel’s failure or refusal to sign or submit

such order or entry and submit the same to the Court. The Court shall accept such order or entry

without opposing counsel’s signature unless after examining the record, the Court determines

that the same is erroneous.

C. FLAT FILING. The files of the Clerk of the Court shall be kept under the flat filing

system. All pleadings presented for filing with the Clerk or the Court shall be flat and unfolded.

D. PAPER SIZE. All pleadings, motions, entries, orders, judgments and other papers

shall be filed on letter size [8 ½ x 11] paper.

C. PROPOSED ORDERS AND ENTRIES. All proposed orders and entries shall

reflect the name of the preparer under the indication "tendered by", shall be submitted

in sufficient number for each person entitled to service and shall contain a distribution

list identifying by name and address each person entitled to service. The preparer

shall provide sufficient pre-stamped pre-addressed envelopes to the court for mailing

of the orders or entries.

D. PROPOSED ORDERS AND ENTRIES. All proposed orders and entries shall

reflect the name of the preparer under the indication "tendered by", shall be submitted

in sufficient number for each person entitled to service and shall contain a distribution

list identifying by name and address each person entitled to service. The preparer

shall provide sufficient pre-stamped pre-addressed envelopes to the court for mailing

of the orders or entries.

E. ATTORNEYS FILING PLEADINGS WITH MULTIPLE CAUSE NUMBERS.

If an attorney files a pleading with more than one cause number, they shall provide

the Court with enough copies for each case for filing. This applies to Motions,

Notices, and Orders.

LR22-TR7-203

MOTIONS

A. PROPOSED ORDERS REQUIRED. Proposed orders shall accompany motions in

the following matters:

[1] to enlarge or shorten time

[2] for setting of hearing, conference or trial

[3] for continuance

[4] for reduction of bond

[5] for psychiatric examination for competency

[6] to compel discovery

[7] to withdraw appearance

[8] for dismissal

[9] for change of venue

[10] for modification of sentence

[11] for post-conviction relief

[12] for such other orders, judgments or decrees as the Court may direct;

and shall comply with Local Rule LR22-CR18-202(E).

B. HEARINGS REQUIRED. Excepting motions to correct error, all motions shall be

accompanied by a separate motion requesting a hearing and a proposed order for the scheduling

of a hearing date.

C. GENERALLY. Excepting motions made during the course of a recorded proceeding,

all motions shall be in writing.

LR22-CR2.2-204

PRE-TRIAL CONFERENCES

OMNIBUS DATE

ASSIGNMENT OF CASES FOR TRIAL

A. COURT CALENDAR. A calendar of cases assigned for bench trial or jury trial shall

be kept by the Court and the Court Reporter shall enter on the calendar at the direction of the

Court, the style, cause number, and the time and date the trial is assigned to commence. In order

to comply with Indiana Criminal Rule 4, the Prosecuting Attorney may submit a motion for trial

date setting out the requested trial date which the Court will grant unless a congested calendar

exists in which event the next available date shall be the trial date.

B. PRE-TRIAL CONFERENCES AND OMNIBUS DATE.

Pre-trial Conferences. The Court, in its discretion, may require a pre-trial conference on

certain cases and, sua sponte, set such cases for conference. Any party or attorney of record

desirous of having a pre-trial conference for any case may file a motion requesting same

accompanied by a proposed order.

Omnibus Date. The Omnibus date shall be set by the Court pursuant to the Indiana

Criminal Code. All matters required to be resolved, filed or notices given, and all time limits

required to be observed, shall be complied with on or before said date as required by the Indiana

Criminal Code.

C. ATTENDANCE AT PRE-TRIAL CONFERENCE AND OMNIBUS HEARING

DATE. At least one attorney for each defendant who is a member of the Indiana Bar and who

will participate in the trial shall appear at the pre-trial conference and omnibus date. The

defendant must also be present for any pre-trial conference or omnibus date in the Circuit and

Superior Courts. An attorney and a defendant who fails to attend a pre-trial conference or

omnibus date shall be bound by the trial date set by the Court as well as such other matters

determined at the conference or omnibus date. A bench warrant may be issued in the discretion

of the Court for any defendant who fails to attend a pre-trial or omnibus date.

D. REQUESTS FOR BENCH TRIAL. The assignment of a case for bench trial may be

had by motion duly filed and accompanied by a proposed order. Said motion shall reflect an

estimate of the trial time required.

LR22-TR53.5-205

CONTINUANCES

Written motions for continuance shall comply with Trial Rule 7(D).

LR22-CR00-206

FINDINGS OF FACT

PROPOSED FINDINGS. In all cases where findings of fact by the Court are requested or

required, counsel of record shall submit to the Court proposed findings setting forth all facts

claimed to have been established and the conclusions of law thereon. The proposed findings

and conclusions shall be submitted to the Court on computer disc or by e-mail in the Court’s

discretion within such time as directed by the Court.

LR22-CR00-207

BONDS AND BOND SCHEDULES

A. BOND SCHEDULE. During regular court hours the judge of each court, or

magistrate on cases assigned to him or her in each court, shall determine the bond on all cases

filed in that court. The judges of the various courts may, in their discretion, institute and adopt

bond schedules. These bond schedules are for the convenience of the court’s and sheriff’s

offices for use after regular court hours. The sheriff’s office may assign bonds for any

individual arrested based on the nature of the charge per the schedule.

B. EXCEPTIONS. The bond may be changed by the judge of the court providing the

bond schedule, and the magistrate on cases assigned to him in such court, at any time for any

specific case. Any of the other judges and the magistrate may change a bond on any individual

after court hours regardless of which court the individual is charged in, if the bond has not

already been reviewed by one of the other judges or magistrate.

C. OTHER CASES. The bond on any case that is not on a bond schedule due to the

severity and nature of the offense, may be set by any of the judges and the magistrate after

regular court hours. The judges of the courts wherein the case is appropriate to be sent should

be contacted first. In the event said judge or judges are unavailable, then a judge of either of

the other courts or the magistrate may set the bond. Nevertheless, any judge or the magistrate

may assign a bond to any individual case regardless of the offense or where the case will be

filed provided none of the other judges or the magistrate have previously reviewed said bond

and taken action thereon.

D. TYPES OF BONDS. The following bonds are approved for the courts of Floyd

County: Surety, Cash and Ten (10%) percent Bonds posted in the Clerk’s Office (Court

Cash Bonds) and any other bond approved by the Court and consistent with the law.

LR22-CR2.2-208

CASE ASSIGNMENT

A. APPLICATION. In the event a case charges both a felony and a misdemeanor,

the case shall be considered a felony for the application of this rule.

B. ASSIGNMENT. For specific case assignment, refer to Local Rule (Civil)

LR22- TR00-117 ‘Assignment of Cases’.

C. Authority of Judicial Officer to Serve in Other Courts. Upon request, a

judicial officer of a court of record within a county or district may serve as acting judge in any

matter in any court within the judicial officer’s county, district, and contiguous counties. The

acting judge serves as if the judicial officer were the elected judge in that court. The authority

to serve as acting judge applies even when the regular judge of the other court is present and

available in the building that contains the court.

LR22-CR2.3-209

TRANSFER

A. TRANSFER BETWEEN COURTS. Transfer between the Floyd Circuit Court

and the Floyd Superior Courts shall be accomplished pursuant to I.C. 33-29-1-9 & 10, which

allows the judges to transfer cases between courts with mutual consent and to sit on any case

in either court with mutual consent.

LR22-CR2.2 RULE 210

CRIMINAL CASE ASSIGNMENT AND

APPOINTMENT OF SPECIAL JUDGES

IN CRIMINAL CASES

A. When a change of judge becomes necessary in a criminal case pending in the Floyd

Circuit or Superior Courts such case may be transferred between the Courts as provided for in

LR22-TR00 Rule 117 B.

B. Pursuant to Ind. Crim. Rule 2.4, this rule shall apply to the reassignment of the case

and the selection of special judges in felony and misdemeanor cases where a change of judge is

granted pursuant to Ind. Crim. Rule 2.4 or an order of disqualification or recusal is entered in the

case.

The reassignment procedure set forth in this rule shall also apply where a change of judge

is granted pursuant to Ind. Post-Conviction Remedy Rule 1(4)(b) and in proceedings to enforce a

statute defining an infraction and ordinance violation case where a change of judge is granted for

cause pursuant to Crim. Rule 12(C).

C. A special judge shall be selected, by the Assignment Judge, from the list of judges

below on a rotating basis, which includes all judges from administrative district 23, other

contiguous counties and senior judges:

(1) Clark Circuit #1

(2) Clark Circuit #2

(3) Clark Circuit #3

(4) Clark Circuit #4

(5) Clark Superior #5

(6) Clark Superior #6

(7) Clark Magistrate A

(8) Clark Magistrate B

(9) Clark Magistrate C

(10) Clark Magistrate D

(11) Floyd Circuit

(12) Floyd Superior #1

(13) Floyd Superior #2

(14) Floyd Superior #3

(15) Floyd Magistrate

(16) Scott Circuit

(17) Scott Superior

(18) Harrison Circuit

(19) Harrison Superior

(20) Washington Circuit

(21) Washington Superior

(22) Senior Judges who agree to serve as a Special Judge

D. APPOINTMENT ORDER. Upon selecting a special judge, the assignment judge

shall prepare an Order of Appointment and forward said Order to the judge before whom the

case is pending and enter an Order of Appointment and forward a copy of the Order to the

special judge and the attorneys of record.

E. ACCEPTANCE OF JURISDICTION. The Order of Appointment, when entered on

the CCS by the judge before whom the case is pending, shall constitute acceptance of jurisdiction

by the appointed special judge unless the judge is otherwise disqualified, and no special

appearance, oath or additional evidence of acceptance shall be required.

F. FORM OF ORDER. The Order of Appointment shall be in the following form:

IN THE ____________ COURT FOR __________COUNTY

STATE OF INDIANA

(CAPTION)

ORDER OF APPOINTMENT

Under the provisions of Criminal Rule 13 of the Indiana Rules of Criminal Procedure, the

Honorable __________ of the __________ Court of __________ County is hereby appointed to

serve as Special Judge in the above-captioned case.

SO ORDERED AND ASSIGNED THIS ______ DAY OF _______, 20____, BY THE

ASSIGNMENT JUDGE FOR THE 23RD JUDICIAL DISTRICT.

____________________________

Assignment Judge

G. IMPLEMENTATION OF RULE. In the event a selected Judge does not accept an

appointment to serve as a special judge, the judge before whom the case is pending shall notify

the assignment judge of the need for an appointment of a special judge under this local rule.

H. CERTIFICATION TO SUPREME COURT. If, under the provisions of this rule, no judge

is eligible to serve as a special judge in a case, the assignment judge shall notify the judge before

whom the case is pending who shall then certify such fact to the Indiana Supreme Court for the

appointment of a special judge. If the judge before whom the case is pending is of the opinion that

the particular circumstances of a case warrants selection of a special judge by the Indiana Supreme

Court, said judge shall certify such facts to the Indiana Supreme Court for the appointment of a

special Judge. Under such circumstances this Rule shall not be implemented unless the Indiana

Supreme Court declines to appoint a special judge.

LR22-CR00-211

WARRANTS

A. RE-ISSUANCE OF WARRANTS. All warrants issued for misdemeanors shall

be returned to the issuing court six (6) months from issuance date and shall be reissued at

the request of the Prosecuting Attorney. All warrants for felonies shall be returned to the

issuing court one (1) year from issuance date. All bench warrants for contempt of court,

failure to appear, revocation of probation, etc.; whether felony or misdemeanor, shall be

returned to the issuing court one (1) year from issuance date. The court shall then reissue

said warrants as it deems necessary.

LR22-TR28-212

DEPOSITIONS

A. PUBLICATION. The seal on depositions shall be broken and the deposition

deemed published upon filing with the Court. When depositions are utilized, specific

reference by page and line or question number to those places in such deposition which

purport to demonstrate the presence or absence of material fact shall be provided.

LR22-TR51-213

JURY INSTRUCTIONS

A. FORM. Proposed final instructions, special or pattern, shall be submitted on

letter size [8 1/2 x 11] paper, double-spaced, with all designations including indications for

the Court's disposition placed on the bottom three [3] inches of the instruction. The parties

shall submit a second set of proposed final instructions containing no designation of who

submitted them, or other identifying references, which shall contain only the statement of

law. This set of jury instructions may be sent with the jury to the jury room for use during

deliberations. These instructions shall also be presented to the court on computer disc or by

e-mail in the Court’s discretion.

LR22-CR00-214

TRANSCRIPT

A. COSTS. Costs for a transcript shall be in accordance with the Local Rule

(Civil) LR22-AR15-113. The party requesting a transcript shall obtain an estimate of the cost

of the transcript from the Court Reporter and shall pay a deposit equal to one-half of the

estimated cost of the transcript before the transcription process is undertaken by the Court

Reporter. The remaining estimated cost of the transcript shall be paid upon notification by the

Court Reporter to the requesting party that one-half of the transcript has been completed. The

actual total cost of the transcript shall be paid in full before the transcript is released to the

requesting party. Nevertheless, this provision shall not apply to defendants whom the Court

has determined to be indigent and unable to pay for the cost of a transcript.

LR22-CR00-215

SANCTIONS

A. COURT ACTION. When a party or counsel for a party fails to comply with any of

these Local Criminal Rules, the Court, after advising the party of the noncompliance, may direct

the Clerk of the Court to refuse any pleadings or papers filed in non-compliance with these

rules; or, if inadvertently accepted for filing, direct that such pleadings or papers be stricken

from the record; or take whatever other appropriate action deemed necessary.

LR 22-JR4 – 120

JURY RULE