Ind. County Local Rule: franklin-local-rules

FRANKLIN CIRCUIT COURT

LOCAL RULES

INDEX

L.R. 24-T.R.79-1 Special Judge Selection in Civil Cases

L.R. 24-A.R. 21 Special Judge Selection in Criminal Cases

L.R. 24-A.R.15-3 Transcript Fees

L.R. 24-J.R.4-4 Jury Selection Procedure

L.R. 24-A.R.1(E)-5 Case Allocations

L.R. 24-AR00-01 Presiding Judge of the Circuit

L.R. 24-T.R. 79-1 SPECIAL JUDGE SELECTION IN CIVIL CASES

In the event a special judge selected pursuant to Trial Rule 79(D), does not accept the case, a

special judge shall be designated by the Clerk of the Franklin Circuit Court in sequence from the

following list of, to-wit:

1. Judge, Wayne Superior Court #3

2. Judge, Rush Superior Court

3. Judge, Union Circuit Court

4. Judge, Fayette Superior Court

5. Judge, Fayette Circuit Court

6. Judge, Wayne Superior Court #2

7. Judge, Wayne Superior Court #1

8. Judge, Wayne Circuit Court

9. Judge, Rush Circuit Court

10. Magistrate, Wayne County

The Clerk shall maintain such records as necessary to assure that selections are rotated in the above

sequence beginning with the judge listed as number one and continuing in numerical order thereafter

and repeating the sequence as necessary.

L.R. 24-A.R. 21 SPECIAL JUDGE SELECTION IN CRIMINAL CASES

In the event it becomes necessary to reassign a Felony or Misdemeanor Case pursuant to Rule

2.4 of the Indiana Rules of Criminal Procedure or Administrative Rule 21, reassignment of a case to

another judge shall be assigned in consecutive order from the following list of judges:

1. Judge, Wayne Superior Court #3 11. Judge, Dearborn Circuit Court

2. Judge, Rush Superior Court 12. Judge, Dearborn Superior Court I

3. Judge, Union Circuit Court 13. Judge, Dearborn Superior Court II

4. Judge, Fayette Superior Court 14. Magistrate, Dearborn Circuit Court

5. Judge, Fayette Circuit Court 15.Judge, Ripley Circuit Court

6. Judge, Wayne Superior Court #2 16.Judge, Ripley Superior Court

7. Judge, Wayne Superior Court #1 17. Judge, Decatur Circuit Court

8. Judge, Wayne Circuit Court 18. Judge, Decatur Superior Court

9. Judge, Rush Circuit Court 19. Magistrate, Decatur County

10. Magistrate, Wayne Courts

The Clerk shall maintain such records as necessary to assure that selections are rotated in the above

sequence beginning with the judge listed as number one and continuing in numerical order thereafter

and repeating the sequence as necessary.

L.R. 24-A.R. 15-3 COURT REPORTER TRANSCRIPT FEES

The undersigned courts comprise all of the courts of record of Franklin County, Indiana and

hereby adopt the following local rule by which court report services shall be governed.

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 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) Workspace 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.

(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 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.

(8) Overtime hours worked means those hours worked in excess of forty (40) hours per work

week.

(9) Work week means a seven (7) 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 Franklin 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 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 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.

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

indigent transcript shall be $4.50 the court reporter shall submit a claim directly to the

county for the preparation of any county indigent transcripts.

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

indigent transcript shall be $4.50.

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

transcript shall be $4.50.

(5) Each court reporter 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 Division of State Court Administration. The reporting shall be made on

forms prescribed by the Division of State Court Administration.

Section Three. Private Practice.

(1) If a court reporter elects to engage in private practice through the recording of a

deposition and/or preparing of a deposition transcript, 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:

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

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

and supplies; and

(c) The method by which the court reporter is to reimburse the court for the use of the

equipment, work space and supplies.

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 working hours.

L.R. 24-J.R. 4-4 JURY SELECTION PROCEDURE

The Franklin Circuit Court pursuant to Jury Rule 4 hereby adopts the 2 tier Summons

procedure for summonsing jurors for jury selection.

L.R.24-A.R.1 (E)-5 CASE ALLOCATIONS

(A) Cases filed on or before July 1, 2007, or not already transferred under L.R.24-A.R.1 (E)-5,

shall remain in the court of origin, unless otherwise Ordered.

(B) Effective January 1, 2025, the limitation of filings will be in place without exception. The

allocation of cases will be as follows:

CIRCUIT COURT 2

CRIMINAL: Felonies which include MR (murder), FA (class A felony), FB (class B felony), FC

(Class C felony), Level 1 felony, Level 2 felony, Level 3 felony, Level 4 felony, MC

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

felonies, or Levels 1, 2, 3, or 4 felonies. All RF (Red Flag) case types.

CIVIL: PL (Civil Plenary), CC (Civil Collection), CT (Civil Tort), DR (Domestic Relations), RS

(Reciprocal Support), MH (Mental Health), PO (Protective Orders), MF (Mortgage

Foreclosure), AD (Adoption), MI (Miscellaneous), ES, EU, GU, TR (Probate) All RF (Red Flag)

case types, EV-Eviction - Civil.

JUVENILE: JP (Juvenile Paternity), JD (Juvenile Delinquency), EM, GM, JS (Juvenile Status),

JM (Juvenile Miscellaneous), JC (Juvenile CHINS), JT (Juvenile Termination) All RF (Red Flag)

case types, JQ (Child Protection Order)

ALL CASES IN CONFLICT WITH Circuit Court

CIRCUIT COURT

CRIMINAL: Felonies which include FD (class D Felony), Level 6 felony, misdemeanors in

conjunction with D felonies, misdemeanors in conjunction with Levels 6 felonies, Levels 5

felonies, CM (class A misdemeanors, class B misdemeanors, class C misdemeanors), IF

(Infractions) OV (Ordinance Violations, and OE (Exempted Ordinance Violation.)

CIVIL: SC (Small Claims), CC (Civil Collection), CT (Civil Tort), DR (Domestic Relations), RS

(Reciprocal Support), PO (Protective Orders), MF (Mortgage Foreclosure), MI

(Miscellaneous), and EV (Eviction – Small Claims and Civil.) ALL

CASES IN CONFLICT WITH Circuit Court 2

(C) Assignment of cases, effective January 1, 2025, the Clerk of the Franklin Circuit Court shall

perfect the following limitation of filings:

1. (CC) Civil Collections, (MF) Mortgage Foreclosures, (CT) Civil Tort, (DR) Domestic

Relations, (RS) Reciprocal Support, (MI) Miscellaneous, (EV) Civil Evictions, CE

(Commercial Court Eligible), GV (Grandparent Visitation), and RA (Review of

Administrative Decisions) shall be assigned on an alternating basis between the two

divisions of the circuit for each category above listed.

2. (PO) Protective Orders shall be assigned on an alternating basis between the two

divisions of the circuit except that multiple cause numbers arising out of same or similar

facts shall be assigned as a group before rotation to the next court.

L.R. 24-AR00-01 PRESIDING JUDGE OF THE CIRCUIT

The Franklin Circuit Court shall be comprised of two Divisions, namely, The Franklin Circuit Court

and the Franklin Circuit Court, Division 2. The Franklin Circuit Court shall have as its administrator a

Presiding Judge who shall be selected by agreement between the two judges of the Circuit. In the event

that no agreement can be reached between the two judges of the Circuit, the Presiding Judge shall be

selected based upon judicial seniority. The senior-most judge shall be the Presiding Judge and shall hold

that position while in office or until such time as the two judges of the Circuit shall otherwise agree. The

Presiding Judge shall be responsible for the following:

1. Prepare proposed local rules as are required to expedite and facilitate the court business;

2. Insure efficient operation of the court system and compliance with local rules; reassign cases

to any judge within the division as needed;

3. Maintain and distribute to the other judge the bond schedule, caseload allocation schedules,

juror excusal policy and other items necessary for the operation of the court system;

4. Provide direction and supervision of the court administrative offices and personnel

including, but not limited to, court reporters, bailiffs, probation officers and probation staff;

5. Submit an annual budget for the court system; review and approve all claims for the court

system;

6. Provide liaison between the Court and government and civic agencies;

7. Recommend appointments as specified in I.C. 33-4-10-5(1) and by local ordinance;

8. Allocate courtrooms and ancillary space as well as court personnel, and provide a schedule

outlining upon which days cases shall be scheduled within the circuit for the efficient

administration of court business;

9. Contract with the Bar for the provision of indigent defense within the circuit;

10. Provide a final resolution to any administrative dispute which may arise within the circuit

which resolution shall be binding upon the entire circuit.

This Local Rule shall be effective January 1, 2009, and shall remain in effect thereafter until

revised or repealed.