Ind. County Local Rule: gibson-local-rules

LOCAL RULES FOR THE CIRCUIT AND SUPERIOR COURTS

GIBSON COUNTY, INDIANA

LR26-TR79-001 Selection of Special Judges in Civil Cases under

Trial Rule 79(H) and Criminal Cases under AR

21

LR26-AR1(E)(6) Assignment and Reassignment of Judges in

Criminal Cases

LR26-AR15-003 Court Reporter Fees

LR26-AR1-004 Case Allocation Plan

LR26-AR00-005 Alcohol and Drug Program Fees

LR26-FL00-006 Children in Dissolution Cases

LR26-AR00-007 Schedule of Fees for Problem-Solving Court

Services

LR26-AR7-008 Evidence Handling, Retention, and

Disposal

LR26-ADR-009 Mediation Prior to Trial in Certain Cases

LR26-ADR-0010 Guardian Ad Litem Appointment in Domestic

Relations Cases Involving Child Custody and

Visitation Issues

LR26-AR00-0011 Late Fees

LR26-CR00-0012 Discovery Rule for Criminal Cases in the Gibson

Circuit and Superior Courts

(Updated effective October 9, 2024)

LR26-TR79-001 Selection of Special Judges in Civil Cases under

Trial Rule 79(H) and Criminal Cases under AR 21

In the event a special judge is required under Trial Rule 79(H) in civil cases or under

Administrative Rule 21 in criminal cases, the procedures set forth in the District 26 Rule on

Special Judge Selection, as set forth below, shall be followed.

District 26 Rule on Special Judge Selection

TR 79(H), AR 21

In any District 26 circuit or superior court: 1) upon entry of an order granting a change of

judge or entry of an order of recusal or disqualification in all civil or juvenile proceedings, if the

parties shall fail to timely file an agreement in writing to an eligible special judge, or the judge so

selected by the parties declines acceptance of the appointment as special judge (all as provided

by TR 79 (D)); or 2) upon entry of an order granting a change of judge or entry of an order of

recusal or disqualification in all criminal cases (see AR 21); in all such cases (civil, juvenile and

criminal) the appointment of an eligible special judge shall be made pursuant to this District 26

Rule:

1. The case shall be randomly assigned to one of the other judges or full-time

judicial officers in the county of origin by the same process in which the case was

initially assigned. This process shall be continued until qualification of a special

judge or until each judge or full-time judicial officer in the county in which the

case originated has been disqualified or been excused from service by the Indiana

Supreme Court. If all judges or full-time judicial officers in the county in which

the case originated shall disqualify or be excused from service by the Indiana

Supreme Court, the judge exercising jurisdiction pending selection of a special

judge shall refer the case to the Administrator of the Vanderburgh Superior Court

(“Administrator”) for assignment of a special judge. The Administrator shall

assign a civil case to a judge or full- time judicial officer eligible for such service

pursuant to TR 79(J) and serving in a District 26 court outside the county in

which the case originated, or are from a contiguous county outside District 26 and

have agreed to serve as special judge in the court where the case is pending. The

Administrator shall assign a criminal case to a judge or full-time judicial officer

from contiguous counties and counties within District 26. The assignment shall be

made as set forth in paragraph 2.

2. The Administrator shall maintain a current list of District 26 judges and full-time

judicial officers eligible pursuant to TR 79(J) for appointment as special judge in

civil cases, and a current list of judges and full-time judicial officers from

contiguous counties and counties within District 26 for appointment as special

judge in criminal cases (“Civil and Criminal Cases Special Judge Lists”). Upon

referral of a case for assignment of a special judge, the Administrator shall

immediately assign a judge or full-time judicial officer from either the civil or

criminal Special Judge List seriatim and notify the court where the case is

pending of the assignment.

The judicial officer exercising jurisdiction shall enter an order of appointment and

notify the judicial officer so selected of the order of appointment. As required by

TR 79 (H) or AR 21, the judicial officer appointed to serve under this paragraph 2

must accept jurisdiction in the case unless the appointed special judge is

disqualified pursuant to the Code of Judicial Conduct, ineligible for service under

TR 79 or AR 21, or excused from service by the Indiana Supreme Court. If the

appointed judicial officer is disqualified, ineligible, or excused from service, the

Administrator shall again assign from the Special Judge List seriatim. This

process shall continue until jurisdiction vests in a special judge so selected. If no

judicial officer in District 26 shall qualify, the case shall be referred to the Indiana

Supreme Court for appointment of a special judge.

3. As provided by TR 79(H) or AR 21, the order of appointment made pursuant to

this District 26 rule by the court in which the case is pending shall constitute

acceptance. An oath or additional evidence of acceptance of jurisdiction is not

required.

4. Any judicial officer assigned by the Administrator as special judge who is

disqualified pursuant to the Code of Judicial Conduct, ineligible for service under

TR 79(J), or excused from service by the Indiana Supreme Court, shall remain on

the list in the same numeric place from which assigned. The first such judicial

officer assigned who does not serve shall accordingly be the first assigned to the

next case referred to the Administrator for assignment of a special judge. Unless

unavoidable, all District 26 judges and full-time judicial officers eligible for

service as a special judge pursuant to TR 79(J) shall serve as a special judge

before the Administrator may twice assign the same person from the Special

Judge List as a special judge.

(Amended effective October 9, 2024)

LR26-AR1(E)(6) Assignment and Reassignment of Judges in

Criminal Cases

1. All misdemeanor and felony cases shall be filed in the courts of record in Gibson County on a

random basis pursuant to the procedure and subject to the exceptions as set forth in this rule.

Upon the prosecutor specifically identifying the name of the Defendant against whom charges

are being filed, the Clerk shall use a computerized random draw so long as the computerized

process complies fully with the provisions of this rule.

2. Notwithstanding the requirement of random draw as set forth in paragraph 1, cases in which

the most serious count alleges the commission of a misdemeanor or a felony set forth in Title 9

of the Indiana Code, shall be filed and docketed in the Superior Court.

3. In the event the prosecutor files any additional charges against a Defendant against whom

charges are pending, these subsequent charges shall be filed and docketed in the court as the

original charges.

4. In the event the prosecutor files charges against a Defendant who is on probation at the time

the additional charges are filed, these charges shall be docketed in the same court through which

the Defendant is serving probation.

5. Pursuant to I.C. §33-29-6-1 and I.C. §33-29-6-2 the judges of the courts reserve the right to

transfer cases as they deem appropriate.

(Amended effective October 9, 2024)

LR26-AR15-003 Court Reporter Fees

DEFINITIONS

1. Regular Hours - the regular hours of the Court Reporter shall be the same as the

regular hours during which the Court is normally open. This shall mean 8 a.m. to 12 noon, and

from 1 p.m. to 4 p.m. each day, Monday through Friday, excluding Court holidays.

2. Gap Hours - means those hours worked that are in excess of the regular hours

worked but hours not in excess of forty (40) hours per work week.

3. Overtime Hours - means those hours worked in excess of forty (40) hours per work

week.

4. 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.

5. Equipment - means all physical items owned by the Court or other governmental

entity and used by a Court Reporter in performing reporting services. Equipment shall include,

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

other device used for recording, storing and transcribing electronic data.

6. Page - means the page unit of a transcript which results when a recording is

transcribed in the form required by Indiana Rule of Appellate Procedure 7.2.

7. Court Reporter - means 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.

8. Recording - means the electronic, mechanical, stenographic or other recording

made as required by Indiana Rule of Trial Procedure 74.

9. Court - means the particular court for which the court reporter performs services.

Court may also mean all of the courts in Gibson County.

10. 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.

11. 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.

12. Private Transcript - means a transcript, including but not limited to a deposition

transcript, that is paid for by a private party.

RULES

1. Each Court Reporter shall be paid an annual salary for time spent working under the

control, direction and direct supervision of the court during regular work hours, gap hours or

overtime hours.

2. County indigent transcript preparation shall be billed in an amount not to exceed $7.50

per page. The fee shall be paid by the County upon a claim duly submitted by the Court

Reporter.

3. State indigent transcripts shall be billed at an amount not to exceed $7.50 per page.

4. Private transcripts shall be billed at an amount not to exceed $7.50 per page.

5. Each Court Reporter shall report annually to the Indiana Supreme Court, Division of

State Court Administration, all transcript fees received by said Court Reporter. This requirement

extends to and includes county indigent, state indigent and private transcripts. This report shall

be filed on or before the last Friday in March of each year.

6. In the event that a Court Reporter desires to engage in private practice in addition to

Court duties, such as recording and/or transcription of depositions, and further desires to utilize

Court equipment, work space and supplies, the Court and Court Reporter shall enter into a

written agreement concerning reimbursement to the court for usage of said items. At a

minimum, said agreement will 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;

(c.) the method by which the Court Reporter is to reimburse the Court for the use of

the equipment, work space and supplies.

7. If a Court Reporter elects to engage in private practice, said practice shall be

conducted outside regular working hours, or by employing personal time by agreement with the

Court.

8. In regard to gap hours, the Court Reporter shall be entitled to compensatory time of

one hour (or fraction thereof) for each hour (or fraction thereof) of gap time.

9. In regard to overtime hours, a Court Reporter shall be entitled to compensatory time of

one and one-half (1½ ) hours (or fraction thereof) for each hour (or fraction thereof) of overtime

hours.

10. In no event shall a Court Reporter be entitled to compensation for private practice, or

compensation for county indigent transcripts, state indigent transcripts or private transcripts

performed during regular work hours, except by utilizing personal time as per paragraph 7.

11. A minimum fee of $35.00 per transcript is permissible (this minimum fee would be

instead of a per page fee for those transcripts that are small).

12. Index and Table of Contents Pages prepared by the Reporter are to be charged at the

per page rate being charged for the rest of the transcript.

13. An additional labor charge of $15.00 per hour may be charged by the Court Reporter

(based on the Court Reporter’s annual salary) for the time spent binding the transcript and the

exhibit binders.

14. Preparation of the separately-bound volumes of exhibits as required by Rule 29 is to

be considered a part of the Transcript process and billed at the same page per rate.

15. A reasonable charge for the office supplies required and utilized for the binding and

electronic transmission of the Transcript, pursuant to Indiana Rules of Appellate Procedure 28

and 29, is permissible. The costs of these supplies shall be determined pursuant to the Schedule

of Transcript Supplies which is to be established and published annually by the judge or judges

of this county.

JOINT SCHEDULE OF TRANSCRIPT SUPPLIES

Pursuant to Indiana Rules of Appellate Procedure 28 and 29, the Gibson Circuit Court

and Gibson Superior Court now establish and publish the following Joint Schedule of Transcript

Supplies for purposes of supplies required and utilized for the binding and electronic

transmission of the Transcript:

TYPE OF SUPPLIES PRICE PER ITEM

Electronic media $.80

Clasp envelope - extra heavy

10" x 13" $.50

Clasp envelope - extra heavy

12" x 15½" $.60

Clasp envelope - extra heavy

10" x 15" x 2" $1.00

2" tang binder

$3.00

1 1/8" tang binder

$2.50

Disk pocket with flap

$1.00

Expandable window envelope

10" x 13" x 2"

$3.50

Full-view window envelope

9½" x 12½"

$2.00

LR26-AR1-04 Case Allocation Plan

(See Indiana Administrative Rule 8 and Indiana Rule of Criminal Procedure 2.2)

Unless otherwise required by statute, the Clerk of Courts and the Prosecuting Attorney of Gibson

County, to the extent applicable, shall file the following cases in the following Court:

Gibson Circuit Court 1.) One half of all Level 1, 2, 3, 4, 5, and 6 felonies, CM’s, Murder

(MR/DP/LWOP) and PC’s, except in all cases alleging a violation of the Ind. Title 9 Traffic Code

if the most serious charge is a violation of the Indiana Title 9 Traffic Code. 2.) Mental Health

(MH) 3.) All Adoption or Adoption History Petitions (AD) 4.) All Estates and Trust (EU, ES, EM

and TR) 5.) All Guardianships (GU and GM) 6). One half of all family law matters (new filings

and previously filed cases- DC, DN, DR, and RS) 7.) All juvenile matters (new filings and

previously filed- JC, JT, JD, JM, JS, JQ and JP) 8.) All Protection Orders. 9.) One half of all RF

causes.

Gibson Superior Court 1.) One half of all Level 1, 2, 3, 4, 5, and 6 felonies, CM’s, Murder

(MR/DP/LWOP) and PC’s. 2.) All cases alleging a violation of the Ind. Title 9 Traffic Code if the

most serious charge is a violation of the Title 9 Traffic Code. 3.) All Infractions (IF) 4.) All Local

Ordinance and Exempted Ordinance Violations (OV and OE) 5.) All Small Claims (SC) 6.) All

civil actions (CP, CT, PL, CC, EV, MF, MI, TP and TS) 7.) All Problem-Solving Referrals 8.)

One half of all family law matters (new filings and previously filed cases-DC, DN, DR and RS)

9.) One half of all RF causes.

Magistrate of the Gibson Circuit and Superior Courts: The Magistrate of the Gibson Circuit and

Superior Courts is assigned the following cases beginning July 1, 2021: 1.) Circuit Court cases:

JC, JT; and RS, JD, JM, JS, JQ, JP, and all Circuit Court DC, DR, and RS cases involving the

Prosecuting Attorney’s Title IV-D Child Support Office or if the juvenile has been identified

under IND. CODE §31-41-1-1 et. seq. as a dual status. 2.) Superior Court cases: DC, DN, DR,

SC, CC, and EV. 3.) There may be instances in which the Magistrate may be assigned and/or hear

other types of cases in the discretion of the Circuit and Superior Court Judges.

Other Filings: 1) Expungement petitions (XP) filed under IND. CODE §35-38-9 shall be filed in

the court where the conviction occurred or was filed if no conviction occurred. If the Petition for

Expungement involves convictions in both Circuit and Superior Courts, the petition shall be filed

in the court with the highest-level case. If a petition is filed under IND. CODE §35-38-9-1(a)

(arrest with no charges ever having been filed), the Petition shall be filed in the Court which

would have handled the most serious charge not filed. 2) All MI and MC causes may be filed in

the court of choice.

(Amended effective October 9, 2024)

LR26-AR00-005 Alcohol and Drug Program Fees

Those persons directed to participate in the Gibson County Alcohol and Drug Program shall

pay a $200 program fee, as well as any additional costs associated with recommended

treatment. There is also a $30 drug test fee.

(Amended effective May 15, 2010)

LR26-FL00-006 Children in Dissolution Cases

1. This rule applies to all parties in all dissolution of marriage, separate maintenance,

change of custody, visitation, other domestic relations actions, excluding domestic violence and

contempt actions, filed on or after October 20, 1993, where the interests of children under 18

years of age are involved.

2. All parties shall successfully complete the program entitled “Transparenting -

Moving Families Through Change.”

3. The seminar shall be successfully completed within 60 days of service of the original

petition upon the original respondent.

4. Upon a party’s failure to successfully complete the seminar pursuant to this rule, the

assigned Judge may take appropriate action, including but not limited to actions for contempt.

5. The attorney(s) will be responsible for providing their client a copy of the brochure of

Doulos, Inc. which contains the seminar admission form and information. The Clerk of this

Court will be responsible for attaching a copy of said brochure to the service of process issuing

from this office.

6. For good cause shown, the assigned Judge may waive the requirement of completion

of this program in individual cases.

Current LR26-AR00-007 Schedule of Fees for Problem-Solving Court Services

Those persons directed to participate in the Gibson County Substance Abuse Treatment Court may

be assessed fees in accordance with the following SCHEDULE OF FEES pursuant to the authority

granted by Ind. Code 33-23-16-23:

(1) A Treatment Court administration fee of $100.00 per participant, payable to the Gibson County

Probation Office;

(2) A Treatment Court user fee of $50.00 beginning in the second month of participation and for

every month that an individual participates in Treatment Court, payable to the Gibson County

Probation Office;

(3) A Treatment Court transfer fee of $25.00 per participant per transfer, payable to the Gibson

County Probation Office.

(Amended effective September 27, 2024)

LR26-AR7-008 EVIDENCE HANDLING, RETENTION, AND DISPOSAL

In all cases, the Court shall proceed pursuant to these Rules unless the Court directs a

longer retention period after motion by any party or on its own motion.

A. CIVIL CASES, INCLUDING ADOPTION, PATERNITY, AND JUVENILE 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 will destroy or otherwise

dispose of items not removed by the parties within a reasonable time of the notice. The

Court or the parties may substitute photographs for the actual exhibits if approved by the

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

shorthand or stenographic notes as provided in Indiana Administrative Rule 7.

B. RETENTION PERIODS FOR EVIDENCE INTRODUCED IN CRIMINAL MISDEMEANOR,

CLASS D, CLASS C FELONIES AND LEVEL 3,4,5 AND 6 FELONIES.

Unless otherwise agreed to by the parties, and except for deoxyribonucleic acid (DNA)

evidence, 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, 180 days after

the case is dismissed or the defendant is found not guilty. If the defendant is sentenced,

unless an appeal is taken, exhibits shall be taken away after two (2) years. 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,

unless an action challenging the conviction or sentence, or post-conviction action, is

pending. The Court will notify the parties at their last known address, including last known

email address, when the items need to be removed. The Court will destroy or otherwise

dispose of items not removed by the parties within a reasonable time of the notice. The

Court or the parties may substitute photographs for the actual exhibits if approved by the

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

shorthand or stenographic notes as provided in Indiana Administrative Rule 7.

C. RETENTION PERIODS FOR EVIDENCE INTRODUCED IN CRIMINAL CLASS B AND A

FELONIES AND LEVEL 1 AND 2 FELONIES.

Unless otherwise agreed to by the parties, and except for deoxyribonucleic acid (DNA)

evidence, 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, one (1) year

after the case is dismissed or the defendant found not guilty. If the defendant is sentenced,

unless an appeal is taken they shall be taken away after ten (10) years. If an appeal is taken,

all such exhibits shall be retained by the court reporter for ten (10) 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 will notify the parties at their last known address, including last known email address,

when the items need to be removed. The Court will destroy or otherwise dispose of items

not removed by the parties within a reasonable time of the notice. The Court or the parties

may substitute photographs for the actual exhibits if approved by the Court. The court

reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic

notes as provided in Indiana Administrative Rule 7. The court reporter will either scan or

photograph as much evidence as possible and remind parties of the requirements of

Appellate Rule 29(B).

C. MURDER

Except for deoxyribonucleic acid (DNA) evidence, 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, 2 years after the case is dismissed or the defendant is found

not guilty. If the defendant is sentenced, the exhibits shall be taken away after fifty (50)

years. If an appeal is taken, all such exhibits shall be retained by the court reporter for fifty

(50) 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 will notify the parties at their last known address

when the items need to be removed. The Court will destroy or otherwise dispose of items

not removed by the parties within a reasonable time of the notice. The Court or the parties

may substitute photographs for the actual exhibits if approved by the Court. The court

reporter shall retain the mechanical or electronic records or tapes, shorthand or stenographic

notes as provided in Indiana Administrative Rule 7. The Court may photograph as much

evidence as possible and remind parties of the requirements of Appellate Rule 29(B).

D. NON-DOCUMENTARY AND OVERSIZED EXHIBITS.

Non-documentary and oversized exhibits shall not be sent to the Appellate level Court,

but shall remain in the custody of the trial court during the appeal and shall be disposed of

pursuant to the preceding rules. 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 drugs, currency, or other

dangerous or valuable items be included in appellate records.

E. NOTIFICATION AND DISPOSITION.

In all cases, the Court shall provide notice, by last know mail or email address, to all

attorneys of record and to parties 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 or email address shall be sufficient. Counsel’s last known address or email address

shall be ascertained by reference to the Indiana Roll of Attorneys maintained by the Indiana

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

disposition date and evidence shall be held in a secure area. At the time of removal, the

party receiving and removing the evidence shall give a detailed receipt to the court reporter,

and the receipt will be made part of the court file. In all cases, the Court, or the sheriff on

the Court’s order, should dispose of evidence that is not retaken after notice. The sheriff

may destroy evidence if its’ possession is illegal or if it has negligible value. The sheriff

should auction evidence of some value with proceeds going to the county general fund.

These Rules and their retention periods will implement the exception under Indiana Code

I.C. 35-33-5-5(d)

F. BIOLOGICALLY CONTAMINATED EVIDENCE.

A party who wants to offer biologically contaminated evidence shall notify the trial

court that the evidence may be biologically contaminated prior to offering the evidence at

trial. A party can 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 unless specifically ordered by the Court.

(Effective February 15, 2019)

LR26-ADR-009 Mediation Prior to Trial in Certain Cases

A. Fifteen (15) days or more after the period allowed for peremptory change of judge under

Trial Rule 76(B) has expired, and before any civil plenary, civil tort, domestic relations

dissolution, custody, or legal separation contested final hearing is conducted, the parties must

submit all issues of disagreement to mediation as set forth in the Indiana Rules of Alternative

Dispute Resolution.

B. For the parties in either a civil or domestic relations case to be excused from attempting

to settle their case issues through mediation, they must apply for and receive from the Court an

order excusing the parties from the mediation requirement. Such orders shall not be sought as a

matter of course by the parties or their counsel, and such relief shall be granted by the Court only

upon extraordinary circumstances and for good cause.

(Effective May 15, 2019)

LR26-ADR-0010 Guardian Ad Litem Appointment in Domestic Relations

Cases Involving Child Custody and Visitation Issues

In all domestic relations matters involving child custody or visitation, if the parties have not

reached an agreement on those issues prior to the final hearing, the Court may appoint a

Guardian Ad Litem to assist the Court and the parties.

(Effective May 15, 2019)

LR26-AR00-0011 Late Fee for Failure to Pay Court Fines and Fees in a Timely

Fashion

The Clerk of the Court shall collect a late payment fee of $25.00 in every infraction, misdemeanor or

felony case in Gibson Circuit or Superior Court in which an individual fails to pay in a timely fashion the

fines and court costs assessed by the Court. In every infraction case, the late payment fee shall be assessed

when a citation remains unpaid for 30 days from the date the Court enters a judgment. For all misdemeanor

and felony cases, the late payment fee shall be assessed when any portion of fines and court costs remain

unpaid at the close of business on the day on which the court enters conviction or judgment unless the court

extends the period of payment at the request of the defendant.

The Clerk of the Court shall not collect a late payment fee from any person found to be indigent by the

Court or from any person found by the Court to have good cause for failing to timely pay the fines and

costs.

(Effective July 1, 2022)

LR26-CR00-0012 Discovery Rule for Criminal Cases in the Gibson Circuit and

Superior Courts

The Gibson County Prosecutor’s Office and the law enforcement agencies that are involved in a

criminal case shall produce to the defense attorney the entire discoverable case file, including a list

of all evidence held, within thirty (30) days of service of the defense attorney’s written appearance.

The State shall file a Notice of Compliance indicating the State has complied with this Rule.

This Notice shall list the evidence provided and the date Defense counsel was notified of the

availability of evidence.

Production of evidence, including video evidence, is satisfied when the Gibson County

Prosecutor’s Office makes copies of evidence available by electronic means via the Gibson County

Prosecutor’s shared file system, by email attachment, or by DVD/CD.

If Defense counsel is unable to view electronic evidence provided by the Prosecutor, they may

view that video evidence at the Gibson County Prosecutor’s Office upon appointment.

Upon the entering of an appearance of a new attorney, the Defendant’s former attorney shall

transfer to new Defense counsel the entire portion of the evidentiary file received from the State.

Except by order of the court, a defense attorney receiving a case file shall not reveal any

victim’s or witnesses’ confidential identifying information, including Social Security number,

driver’s license number, and date of birth, to anyone other than an associate or employee of the

attorney. In the event the defense attorney wishes to show the case file to any other person,

including the defendant, the attorney shall first redact such information from the file.

This is a continuing rule, and the Gibson County Prosecutor’s Office shall immediately produce

all additions to the case file upon their creation.

(Effective 12/01/2022)