Ind. County Local Rule: grant-local-rules

Local Rules of Practice and Procedure

In the Circuit and Superior Courts of the 48th Judicial Circuit

Grant County, Indiana

November 26, 2025

Index

Local Rule Name of Specific Rule Page

Number Number

LR-27 TR 63-1 Authority to Sit in Other Courts 3

LR-27 AR 01-1 Assignment of Civil Cases 3

LR-27 AR 01-2 Assignment of Criminal Cases 4

LR-27 CR 00-20 Bond Schedule for Warrantless Arrests in Grant County 6

LR-27 TR 79-3 Selection of Special Judges in Civil Cases 10

LR-27 TR 3-1 Filing Fees 11

LR 27 CR 00-23 Grant County Court Programs- Schedule of Fees 11

LR-27 TR 3.1-5 Appearances 12

LR-27 RPC 1.3-25 Timeliness and Preparation 12

LR-27 JC 2.8-26 Courtroom Dress Code 14

LR-27 TR 4.11-6 Service of Process 14

LR-27 TR 11-8 Form & Style of Papers, Number of Copies, Filing & Service 14

LR-27 TR 73-9 Motions 15

LR-27 TR 53.5-10 Continuances 15

LR-27 TR 26-11 Discovery 16

LR-27 TR 16-12 Pre-Trial Conferences 16

LR-27 JR 4-22 Jury Rules 16

LR-27 AP 9H-14 Transcript Fees 17

LR-27 AR 15-21 Court Reporters 17

LR-27 TR 77-15 Withdrawal of Original Records and Papers 19

LR-27 AR 10-16 Evidence Handling, Retention, and Disposition 20

LR 27 CR 00-30 Discovery and Motions in Limine in Criminal Cases 22

LR-27 PO 00-18 Guardianships 24

LR-27 PO 00-19 Estates 25

LR-2711USC362- Bankruptcy Notification Requirements 27

27

LR-27 AR 00-28 Court Building Security 28

LR-27 PO 00-18 Guardianship Exhibit B – Instructions to Guardian 31

Page 3 of 32

LR-27 TR 63-1

Authority to Sit in Other Courts

A. The judges of Grant Circuit Court, Grant Superior Court 1, Grant Superior

Court 2, Grant Superior Court 3, and the full-time juvenile magistrate appointed

by the judge of Grant Superior Court 2, may sit as acting judge in any matter

as if the judge were the elected or appointed judge in the courts listed below

upon the unavailability of the elected or appointed judges and shall

denominate their authority as “Acting Judge”, as provided in Ind. Administrative

Rule 1:

1. Grant Circuit;

2. Grant Superior 1;

3. Grant Superior 2;

4. Grant Superior 3;

5. Gas City City Court; and

6. Marion City Court.

LR-27 AR 01-1

Assignment of Civil Cases

A. Civil cases for the following case types shall be filed as follows:

1. All MH cases shall be filed in Circuit Court.

2. All cases related to tax sales shall be filed in Superior Court 1

3. All PO and AD cases shall be filed in Superior Court 2.

4. All IV-D cases for the collection of support shall be filed in Superior

Court 2.

5. All JP, JC, JT, and JM cases shall be filed in Superior Court 2

6. All SC, and EV cases shall be filed in Superior Court 3.

7. All ES, EU, and EM cases shall be filed in Superior Court 1.

8. All GU cases involving the guardianship of incapacitated adults and

minors shall be filed in Superior Court 1.

9. All DC, DN, MF, CC, CT, CE, GV, RA and PL cases, and all IF and

OV cases that are not designated to be filed in the Gas City City

court or the Marion City Court, may be filed in Circuit Court,

Superior Court 1, or Superior Court 2, at the filer’s election.

B. Except as set forth above, any statutory limitations on subject matter

jurisdiction civil cases may be filed in any court.

LR-27 AR 01-2

Assignment of Criminal Cases

All felony and misdemeanor (CM) cases [and all infraction (IF) cases and all ordinance (OV)

cases are to be filed in the Courts in Grant County pursuant to this Local Rule (this Rule).

The Courts are Gas City City Court (27H01), Marion City Court (27H02), Grant Circuit Court

(27C01), Grant Superior Court 1 (27D01), Grant Superior Court 2 (27D02), and Grant

Superior Court 3 (27D03).

I. Case Assignments When There Is a Pending Case or Probation

A. If charges are pending against an individual in 27C01, 27D01, 27D02 or 27D03 or if an

individual is on probation in 27C01, 27D01, 27D02 or 27D03, and a new felony charge

is filed, the new felony shall be filed in the Court with the pending charge or probation.

B. Otherwise, the felony cases shall be filed as shown in Sections II and III of this Rule.

II. Case Assignments When There Are No Pending Cases nor Probation

Cases shall be assigned as set out below when no other criminal proceeding is pending and

when the Defendant is not on probation:

A. The following cases shall be filed in 27H01:

(1) All CM and IF cases that are alleged to have occurred in Grant County, Indiana,

outside the corporate limits of the City of Marion, except those assigned to 27D03

pursuant to this Rule.

(2) All OV cases that are alleged to have occurred within the city limits of Gas City.

(3) All CM and infraction cases that are alleged to have occurred within the corporate

limits of the City of Marion, when the primary law enforcement officer is an officer

with the Grant County Sheriff’s Department or with the Indiana State Police,

except those cases assigned to 27D03 pursuant to this Rule.

(4) All CM cases in which the crime alleged is compulsory school attendance

violation [Ind. Code § 20-33-2], including cases that would otherwise be filed in

27H02.

B. The following cases shall be filed in 27H02:

(1) All CM and IF cases that are alleged to have occurred within the corporate limits

of the City of Marion, Indiana, that are not assigned to 27H01 or 27D03.

(2) All OV cases that are alleged to have occurred within the city limits of Marion.

C. The following cases shall be filed in 27C01:

(1) All waivers of jurisdiction over juveniles to adult court.

(2) All cases designated as Drug Court or Veterans Court cases.

Page 4 of 32

(3) All grand jury proceedings, including impaneling the grand jury.

D. The following cases shall be filed in 27D01:

(1) All Reentry Court cases.

E. The following cases shall be filed in 27D02:

(1) All juvenile cases except waivers of jurisdiction to adult court.

(2)

F. The following cases shall be filed in 27D03:

(1) All L6 felony cases.

(2) All CM cases that include a charge under I.C. § 9-30-5 (Operating a Vehicle While

Intoxicated).

G. When a City Court Judge enters an order of disqualification or recusal or grants a

motion for change of judge, such case shall be transferred to the remaining city court.

If both city court judges must disqualify or recuse, the case shall be transferred to the

Grant County Clerk for random selection from among the four County Courts.

III. Random Selection for All Other Criminal Cases

Level 5 and above felony cases and trial de novo cases from 27H01 and 27H02 shall be

filed by random selection in 27C01, 27D01, 27D02 and 27D03. Random selection shall be

done as follows:

A. The Clerk of the Grant Circuit Court (the Clerk) shall utilize the Odyssey case

management program’s random filing feature to select a court.

B. If the case must be transferred from the Court selected on the first draw, the Clerk

shall randomly select one (1) of the remaining Courts and the case shall then be filed

in that Court. The Clerk shall enter the Court so designated on the criminal information

and record the date and time the Court was selected.

C. If any court becomes over-burdened with cases from the blind draw system that Court

may be removed from further draws in criminal cases upon majority vote of the Judges

of those Courts for whatever length of time and upon such terms and conditions that

those Judges agree.

D. When a change of Judge has been granted, the successor Court shall be selected in

accordance with the random selection process outlined above. If all Grant County

Judges have declined to exercise jurisdiction or are unable to do so, a special judge

will be assigned according to the provisions of Local Rule 79-3(E).

IV. Miscellaneous Provisions

A. Multiple offenses against the same defendant arising from the same course of conduct

shall be filed contemporaneously with the other charges using the highest class of

charge in determining in which Court the case shall be filed.

Page 5 of 32

B. When multiple defendants are charged with crimes arising out of the same facts and

circumstances, all of the charges shall be filed in the same Court, which shall be

selected according to the highest class of the charges filed against any of the

defendants.

C. The Judge of one Court may transfer any case to be redocketed in another Court, if the

Judge of the receiving Court consents to the transfer and the receiving Court has

jurisdiction over the subject matter of the case.

LR-27 CR 00-20 Bond Schedule

Bail/10% Cash Bond/Surety Bond/Schedule for Warrantless Arrests

For All Courts in Grant County, Indiana

The Bail / Surety Bond Schedule for cases filed in Gas City City Court (GCCC); Grant

Circuit Court (Circuit), Grant Superior Court 1 (Superior 1), Grant Superior Court 2

(Superior 2), Grant Superior Court 3 (Superior 3), and Marion City Court (MCC) shall be

as set out below, unless otherwise ordered by a judicial officer in a specific case.

The term “bail” means the full amount (100%). The term “cash bond” refers to posting

10% of the amount of the bail in cash. The term “surety bond” refers to paying a nonrefundable fee (usually 10% of the bail) to an approved surety company, which in turn

posts its guarantee to pay the full amount of the bail, if the Defendant fails to appear

and the appropriate revocation procedures have been followed. The term “cash”

includes a credit card payment.

When a 10% cash bond or a surety bond is posted, the Defendant must also pay the $5

special death benefit fee. [See Ind. Code § 35-33-8-3.2(d)(1).]

If the Defendant posts a cash bond, a 10% administrative fee not to exceed $50 will be

assessed. [See I.C. § 35-33-8-3.2(a)(2).]

The Defendant and any other person posting cash must execute an agreement

authorizing the Court, if the Defendant is convicted, to use all or part of the cash to pay

the following: 1) fines; 2) costs; 3) fees; 4) publicly paid costs of representation; and 5)

restitution. [See I.C. § 35-33-8-1.5 and I.C. § 35-33-8-3.2(a).] In addition, the agreement

must authorize the Defendant to use all or part of the cash to privately employ and pay

an attorney to represent the Defendant in the criminal case. [See State ex rel. Williams

v. Ryan, 490 N.E.2d 1113 (Ind. 1986).]

If the Defendant is a foreign national unlawfully present in the United States under

federal immigration law, only a 100% cash bail may be posted.

A Defendant posting bail or the 10% cash bond by means of a credit card must pay the

credit card service fee under I.C. § 33-37-6.

If the Defendant is a sexually violent predator defendant, as defined in I.C. § 35-38-1-

7.5, or is arrested for or charged with the commission of an offense that would classify

the person as a sex or violent offender, as defined in I.C. § 11-8-8-5, the Defendant may

not be admitted to bail until a judicial officer has conducted a bail hearing in open court,

which should be done within 48 hours after arrest unless exigent circumstances prevent

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holding the hearing within 48 hours. [See I.C. § 35-33-8-3.5.]

If the Defendant was arrested for a crime of domestic violence as described in

I.C. § 35-31.5-2-78, the judicial officer may not authorize the Defendant to be released

until at least 8 hours from the time of the arrest. [See I.C. § 35-33-8-6.5.]

When multiple crimes have been charged, use the bail that is listed for the highest level

crime.

If the Defendant has been arrested for a violent crime (as defined in I.C. § 5-2-6.1-8)

that results in bodily injury to a person, such as battery with injury, strangulation,

domestic battery, etc., the Defendant is automatically prohibited from having any direct

or indirect contact with the alleged victim for 10 days from the Defendant’s release from

custody or until the initial hearing, whichever occurs first. [I.C. § 35-33-8-3.6]. If a judicial

officer issues a No Contact Order, it will replace the automatic no contact provision of

the bond. A No Contact Order issued by a judicial officer will be in effect until changed

or terminated by a judicial officer.

If the Defendant was on probation or parole for a case in a county court of criminal

jurisdiction when the new crime is alleged to have been committed, the Defendant is to

be held for up to 15 days after arrest on the new charge to allow the appropriate

parole or probation authority time to file a petition to revoke the Defendant’s probation

or parole, unless otherwise ordered by a judicial officer. [See I.C. § 35-33-8-6.] The 15

day hold does not apply to defendants who are on probation in GCCC and MCC.

Page 7 of 32

Grant County Bail Schedule

In columns with two figures, such as "$4,000-$400", the higher amount Surety bonds may not be used for any

is the bail and the smaller amount is the 10% cash bond. Grant Other Out-of-State person, whose identity cannot be verified

County Indiana Resident and/or for a foreign national unlawfully in

Resident Resident the United States. Only cash is accepted.

Extra bail added to the standard bail for a new felony arrest while on $25,000 - $50,000 - $75,000 - $75,000

bail or recognizance on a pending felony case $2,500 $5,000 $7,500

Probation Violation and Home Detention Violation in the Circuit & $25,000 - $50,000 - $75,000 - $75,000

Superior Courts $2,500 $5,000 $7,500

Probation Violation and Home Detention Violation in the GCCC & MCC $2,000 - $4,000 - $6,000 - $6,000

$200 $400 $600

GCCC & MCC domestic battery, battery with injury, resisting, and $4,000 - $8,000 - $12,000 - $12,000

invasion of privacy misdemeanors $400 $800 $1,200

All other GCCC & MCC misdemeanors $2,000 - $4,000 - $6,000 - $6,000

$200 $400 $600

All misdemeanors in Circuit & Superior Courts $5,000 - $10,000 - $15,000 - $15,000

$500 $1,000 $1,500

Level 6 Felony $10,000 - $20,000 - $30,000 - $30,000

$1,000 $2,000 $3,000

Level 5 Felony $20,000 - $40,000 - $60,000 - $60,000

$2,000 $4,000 $6,000

Level 4 Felony $30,000 - $60,000 - $90,000 - $90,000

$3,000 $6,000 $9,000

Level 3 Felony $50,000 - $100,000 - $150,000 - $150,000

$5,000 $10,000 $15,000

Level 2 Felony $75,000 - $150,000 - $225,000 - $225,000

$7,500 $15,000 $25,000

Level 1 Felony $100,000 - $200,000 - $300,000 - $300,000

$10,000 $20,000 $30,000

Murder, Treason, Attempted Murder, Voluntary Manslaughter,

Involuntary Manslaughter, Reckless Homicide, or the following

offenses where charged as a Level 1, Level 2, Level 3, Level 4 or An arrestee for these offenses may only be released on bail set individually

Level 5 felony: Battery, Domestic Battery, Aggravated battery, by a judicial officer following a hearing held in open court.

Kidnapping, Rape, Criminal Deviate Conduct, Child Molesting,

Sexual Misconduct with a Minor, Robbery, Burglary, Operating a

Vehicle While Intoxicated Causing Death, Catastrophic Injury, or

Serious Bodily Injury to Another Person, Child Exploitation,

Resisting Law Enforcement, Unlawful Possession of a Firearm

by a Serious Violent Felon, and/or Strangulation

Page 8 of 32

LR-27 CR 00-20 Bond Schedule

Bail/10% Cash Bond/Surety Bond/Schedule for Warrantless Arrests For All Courts in Grant County, IN

The Bail/Surety Bond Schedule for cases filed in Gas City City Court (GCCC); Grant Circuit Court (Circuit), Grant Superior Court 1 (Superior 1),

Grant Superior Court 2 (Superior 2), Grant Superior Court 3 (Superior 3), and Marion City Court (MCC) shall be as set out below, unless otherwise

ordered by a judicial officer in a specific case. The term “bail” means the full amount (100%). The term “cash bond” refers to posting 10% of the

amount of the bail in cash. The term “surety bond” refers to paying a nonrefundable fee (usually 10% of the bail) to an approved surety company,

which in turn posts its guarantee to pay the full amount of the bail, if the Defendant fails to appear and the appropriate revocation procedures have

been followed. The term “cash” includes a credit card payment.

When a 10% cash bond or a surety bond is posted, the Defendant must also pay the $5 special death benefit fee. [See Ind. Code § 35-33-8-

3.2(d)(1).]

If the Defendant posts a cash bond, a 10% administrative fee not to exceed $50 will be assessed. [See I.C. § 35-33-8-3.2(a)(2).]

The Defendant and any other person posting cash must execute an agreement authorizing the Court, if the Defendant is convicted, to use all or part

of the cash to pay the following: 1) fines; 2) costs; 3) fees; 4) publicly paid costs of representation; and 5) Page 5 of 29 restitution. [See I.C. § 35-33-

8-1.5 and I.C. § 35-33-8-3.2(a).] In addition, the agreement must authorize the Defendant to use all or part of the cash to privately employ and pay

an attorney to represent the Defendant in the criminal case. [See State ex rel. Williams v. Ryan, 490 N.E.2d 1113 (Ind. 1986).]

If the Defendant is a foreign national unlawfully present in the United States under federal immigration law, only a 100% cash bail may be posted.

A Defendant posting bail or the 10% cash bond by means of a credit card must pay the credit card service fee under I.C. § 33-37-6.

If the Defendant is a sexually violent predator defendant, as defined in I.C. § 35-38-1- 7.5, or is arrested for or charged with the commission of an

offense that would classify the person as a sex or violent offender, as defined in I.C. § 11-8-8-5, the Defendant may not be admitted to bail until a

judicial officer has conducted a bail hearing in open court, which should be done within 48 hours after arrest unless exigent circumstances prevent

holding the hearing within 48 hours. [See I.C. § 35-33-8-3.5.]

If the Defendant was arrested for a crime of domestic violence as described in I.C. § 35-31.5-2-78, the judicial officer may not authorize the

Defendant to be released until at least 24 hours from the time of the arrest. [See I.C. § 35-33-8-6.5.]

When multiple crimes have been charged, use the bail that is listed for the highest level crime.

If the Defendant has been arrested for a violent crime (as defined in I.C. § 5-2-6.1-8) that results in bodily injury to a person, such as battery with

injury, strangulation, domestic battery, etc., the Defendant is automatically prohibited from having any direct or indirect contact with the alleged

victim for 10 days from the Defendant’s release from custody or until the initial hearing, whichever occurs first. [I.C. § 35-33-8-3.6]. If a judicial officer

issues a No Contact Order, it will replace the automatic no contact provision of the bond. A No Contact Order issued by a judicial officer will be in

effect until changed or terminated by a judicial officer.

If the Defendant was on probation or parole for a case in a court of general jurisdiction when the new crime is alleged to have been committed, the

Defendant is to be held for up to 15 days after arrest on the new charge to allow the appropriate parole or probation authority time to file a

petition to revoke the Defendant’s probation or parole, unless otherwise ordered by a judicial officer. [See I.C. § 35-33-8-6.] The 15 day hold does

not apply to cases in courts that are not general jurisdiction courts, such as the GCCC and the MCC.

Page 9 of 32

Page 10 of 32

LR-27 TR 79-3

Selection of Special Judges in Civil Cases

When a change of judge has been granted by a Judge of the Grant Circuit Court,

Superior Court 1, Superior Court 2, or Superior Court 3 or if the Judge of the

Grant Circuit or Superior Court disqualifies under Indiana Trial Rule 79(C) and a

Special Judge is not selected under T.R. 79(D), then the special judge in the case

shall be selected from the full-time general jurisdiction judges of the remaining

three (3) courts. This shall be done in the following manner:

A. Random selection of the special judge shall be done by the Clerk of the

Grant Circuit Court. The Clerk shall utilize the Odyssey case management

program’s random filing feature to select a court. The Clerk shall enter the

name of the Court that has been drawn on the Chronological Case Summary

(CCS) of the case and notify the Judge that he or she has been selected to

serve as the special judge in the case. The Clerk is to redocket the case

using the court identifier of the Special Judge’s Court.

B. If a change of venue from the judge is granted by the first named special

judge or if the first named special judge disqualifies himself or herself under

T.R. 79(C), then a Court shall be selected among the remaining courts using

the Odyssey case management program’s random selection feature. The

Clerk is to notify the Judge of that Court that he or she has been selected to

serve as the special judge in the case. The Clerk is to redocket the case

using the court identifier of the second named special judge’s court.

C. If a change of venue from the judge is granted by the second named special

judge or if the second named special judge disqualifies himself or herself

under T.R. 79(C), then the Clerk is to notify the Judge of the remaining Court that

he or she has been selected to serve as the special judge of the case. The Clerk is

to redocket the case using the court identifier of the third named special judge’s

court.

D. The Special Judge selected under A, B, or C above is required to accept

jurisdiction unless he or she is disqualified, ineligible for service, or

excused by the Indiana Supreme Court. An oath or additional evidence of

acceptance of jurisdiction is not required. The order of appointment under

this Rule shall constitute acceptance. An oath or additional evidence of

acceptance of jurisdiction is not required when the Special Judge is

selected under A, B, or C above.

E. If no Judge is selected by the above-described method then the Clerk shall

select the name of a Special Judge from the list of full-time judicial officers

serving in the counties contiguous to Grant County, Blackford, Delaware,

Howard, Huntington, Madison, Miami, Tipton, Wabash, and Wells Counties.

The assignments shall begin with the judges of Blackford County, then

Delaware County, then Howard County, then Huntington County, then

Madison County, then Miami County, then Tipton County, then Wabash

Page 11 of 32

County, and finally Wells County, and then the assignments shall begin

again with the judges of Blackford County.

The judges of a county shall be selected, naming the Circuit Court judge first

then the Superior Court judges next in order, i.e. Superior Court 1, Superior

Court 2, etc. In counties with a unified court system, such as Madison

County, the judge of Circuit Court 1 shall be first, then the judge of Circuit

Court 2, and so on. Other full-time judicial officers in a court of record in a

county shall be named last, in the order of the court in which they serve.

The Clerk of Grant County shall keep a list of Judges selected by the

method described here and refer to that list should it be necessary to select

a Special Judge using this method.

F. If no judge on the list is eligible to serve as special judge or the particular

circumstances in the case so warrant, the then presiding judge in the case

shall certify the matter to the Indiana Supreme Court for the appointment of

a special judge pursuant to TR79(H)(3).

LR–27 TR 3–1

Filing Fees

A. A party commencing an action shall pay to the Clerk of the Court the

amount prescribed by law as a filing fee.

B. Persons desiring to commence an action without pre-payment of court

costs shall file with the Court their verified petition as prescribed by Indiana

Code Section 33-37-3-2. Authorization to commence an action without advance

payment of court costs shall be only by order of court.

LR 27 CR 00-23

Grant County Court Programs – Schedule of Fees

Alcohol & Drug Program

All individuals ordered to enroll in the Grant County Court Alcohol and Drug

Program shall be charged a program fee of $400.00. Those clients that are referred

for transfer and/or monitoring services may be charged a $100.00 fee.

Problem-Solving Courts

All individuals ordered to enroll in the Grant County Drug Court Program Mental

Health Court Program, Reentry Court Program or the Veteran’s Treatment Court

Program shall be charged a program fee of $50 per month while in the Program.

Page 12 of 32

Transfers from Problem-Solving Courts in Other Jurisdictions

If the judge of a Problem-Solving Court accepts a transfer of a case from another

jurisdiction, the participant shall be charged a transfer fee of $25.

These program fees cover maintenance and operating costs and are separate from

the costs of referral services for education, counseling, or other treatment costs

(including urine drug screens as required). The costs of referral services will be the

client’s responsibility.

LR-27 TR 3.1-5

Appearances

A. A party’s written appearance form shall be served upon all parties of record

before or immediately upon filing.

B. When a party to an action appears without an attorney, the party shall give,

and the Clerk shall note on the docket of the cause, a name, mailing

address and phone number of the party where notices and

communications concerning the cause may be forwarded.

C. It shall be the duty of attorneys who have entered their written

appearance and of all parties who are not represented by an attorney, to

notify the Court of any change of their mailing addresses and phone

numbers. Such notification shall be in writing filed separately for each

cause to which the change applies and served upon other parties to each

cause or their attorneys of record.

D. Proof of Mailing. Certificates of service or proof of mailing of pleadings

concerning any cause shall be deemed sufficient proof of service if such

pleadings were mailed to the last address of a party or attorney noted

upon the docket of a cause.

LR-27 RPC 1.3-25

Timeliness and Preparation

It is intended that the business of the Courts in Grant County will be conducted by

the Judges and Magistrate Judge in a manner consistent with the Indiana Code of

Judicial Conduct and that the attorneys and litigants shall conduct themselves

consistent with the requirements of the Indiana Rules of Professional Conduct and

other rules of court. The conduct of proceedings in all Courts within Grant County is

appropriately described by the following quotation:

“[L]itigation provides an opportunity for private parties to dispose

of disputes in orderly and disciplined fashion. But the open forum

which our courts provide for conflict resolution is not, nor can it

ever be, a license to slander and abuse one’s adversary. Such

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conduct diminishes the integrity of an institution whose

usefulness depends upon the respect in which it is held by the

public and by the lawyers who practice in it.”

Van Iderstine v. RGJ Contracting Co., Inc., 480 F.2d 454 (2nd Cir. 1973)

As noted by former Chief Justice Warren E. Burger, “fixed rules of etiquette

and manners are the lubricant to keep the focus of the courtroom contest on

issues and facts and away from distracting personal clashes and irrelevancies.”

Burger, ABA Journal 2, 74 Vol. 60, p.171 (1974)

With this in mind, lawyers and litigants are reminded of their continuing

obligation to comply with the rules of court and to maintain an atmosphere of

civility within the courtrooms in Grant County.

Prompt Appearance at Hearings and Trials. Counsel and parties are expected

to appear on time for all hearings and trials. Should an occasion arise when

counsel or a party proceeding pro se is detained in another court or an emergency

has arisen, and he or she will be tardy for a scheduled hearing, counsel or the

party shall notify the Court immediately.

Readiness to Proceed. Counsel must be present, fully prepared, and ready to

present his or her case whenever a hearing or trial is scheduled to commence. It is

expected that all settlement negotiations will be completed before the time the case

is set to be heard by the court.

Penalties for Failure to Comply. Unless good cause is shown, the failure of

counsel or pro se litigants to comply with this rule or to appear for a scheduled

hearing or trial may result in a finding of direct contempt of court and WILL result

in a monetary fine. Fines shall accrue on a yearly basis and shall be levied as

follows:

Sanction

Number of Violations Price of Monetary

Fine

First violation $1.00

Second violation $2.00

Third violation $4.00

Fourth violation $8.00

Fifth or more violation Amount to be determined by Court

All fines shall be paid to the Court and thereafter forwarded to District 6

Access to Justice.

Page 14 of 32

LR-27 JC 2.8-26

Courtroom Dress Code

A. In order to protect the decorum and dignity of the Courts and judicial

process, all persons entering the courtrooms of the five Grant County courts,

whether as spectators or participants, shall refrain from wearing the

following inappropriate clothing:

1. Short-shorts, micro-mini skirts

2. Tank tops, muscle shirts, halter tops, tube tops

3. See-through clothing, low-cut tops

4. Clothing that exposes bare midriff and/or undergarments

5. Hats, head coverings (except those worn for religious purposes)

6. Pajamas, slippers

7. Clothing that depicts or promotes illegal activity, drug/alcohol

use, violence, sex acts or profanity

B. Any law enforcement officer and/or Court staff member may enforce this

Order as follows:

1. If the person is a party, prospective juror or witness, the Court is to

be notified so the decision can be made to: Turn the person away

with a requirement to obtain suitable clothing and return within the

time they are given (which will vary depending on where the person

has to go) or at the Court’s direction, to allow them to attend the

hearing as dressed.

2. If the person is a spectator: Turn the person away with notice of the

dress code and instruction that they will be welcome in the courtroom

when they dress appropriately.

LR-27 TR 4.11-6

Service of Process

Any party requesting the Clerk to mail the summons and a copy of the complaint by

registered or certified mail shall provide an addressed envelope and shall prepare

the return receipt and include the number of the cause of action and mark the

"RETURN TO" to the Clerk of Grant County, Courthouse, 101 East Fourth Street,

Marion, Indiana, 46952 (Amended May 12, 1997).

LR-27 TR 11-8

Form and Style of Papers, Number of Copies, Filing and Service

A. All papers, pleadings and motions presented for filing shall comply with

Rule Admin. R. 11.

Page 15 of 32

B. Every pleading filed, including estates and guardianships, shall clearly

identify the name, address, e-mail address and telephone number of the

attorney filing the pleading.

C. Any pleading not signed by at least one attorney appearing of record as

required by Rule T.R. 11 of the Indiana Rules of Procedure shall not be

accepted for filing by the Clerk or if inadvertently accepted for filing, shall,

upon discovery of the omission, be promptly corrected.

D. All motions seeking an order of the Court shall be e-filed with a proposed

order.

LR-27 TR 73-9

Motions

A. The filing of any motion with the Clerk of the Court or with the Court shall

be brought to the attention of the Judge by the moving party within five (5)

days following the filing of the motion.

B. The time of hearing motions shall be fixed by the Court. Dates of hearings

shall not be specified in the notice of hearing of the motion unless prior

authorization shall be obtained from the Judge or Court Reporter. Any party

may request oral

argument upon a motion, but the granting of oral argument is wholly

discretionary with the Court. Any party requesting oral argument shall advise

the Court Reporter of the estimated time necessary for hearing.

C. Counsel desiring to file a brief in support of or in opposition to any motion

must file the brief prior to or at the time of hearing on the motion, unless

otherwise ordered.

LR-27 TR 53.5-10

Continuances

Motions for Continuance are discouraged. Neither side is entitled to an automatic

continuance as a matter of right.

A. A Motion for Continuance, unless made during the hearing of the cause,

shall be in writing, state whether opposing counsel objects to the motion and

whether prior continuances have been requested by the moving party. The

Court may require any written Motion for Continuance to be signed by the

party requesting the continuance.

B. A Motion for Continuance, whether it is plaintiff's or defendant's motion,

shall denominate whether it is the first (1st), second (2nd), third (3rd), etc.

Motion for Continuance filed by plaintiff or defendant.

Page 16 of 32

C. The filing of a dispositive motion shall not constitute good cause for a

Motion for Continuance of a trial if the time requirements governing such

motion will not allow for the resolution of the motion prior to the date of trial.

LR-27 TR 26-11

Discovery

A. Filing of depositions, requests for discovery or responses thereto under

Rules Tr. 27 through 36 shall be permitted only as allowed by Rule Tr.

5(D)(2), (3) and (4).

B. Strict compliance with Trial Rules 26 through 37 is required. The discovery

process is intended to be largely self-actuating, with minimal court

supervision. Therefore, the Court will not rule on requests to extend time to

respond to discovery or motions related to discovery disputes unless

moving counsel represents that, after personal or telephonic conference in

good faith effort to resolve differences, counsel are unable to reach accord.

If counsel advises the Court, by way of motion, or response thereto, that

opposing counsel has refused or delayed resolution of the discovery dispute,

the Court may, after hearing, impose appropriate sanctions.

C. Interrogatories shall be limited in number wherever possible and shall be

used solely for the purpose of discovery.

D. Any party to an action or counsel to a party to an action may obtain a

photocopy of a deposition on file with the Clerk of the Court upon tender of a

receipt of the deposing party showing payment to said deposing party of

50% of the cost of said deposition. In addition, the requesting party or

counsel shall tender to the Clerk the Clerk's standard per page copying fee.

LR-27 TR 16-12

Pre-Trial Conference

Conferences of attorneys and pre-trial conferences shall be conducted generally in

accordance with Rule Tr. 16. However, counsel should contact the Court in which a

case is pending for advice on specific procedure required by that Court relative to

these conferences.

LR-27 JR 4-22

Jury Rules

A. This local rule shall govern petit and grand jury assembly, selection and

management in the Grant Superior and Circuit Courts of Grant, Indiana. It is

the intention of these rules to implement the Indiana Jury Rules adopted by

the Indiana Supreme Court, effective January 1, 2003.

B. The Grant Circuit and Superior Courts of Grant County, Indiana, shall each

Page 17 of 32

have a jury administrator. The jury administrator’s position for each court

shall be filled by that Court's bailiff.

C. Pursuant to Rule 4 of the Indiana Jury Rules adopted by the Indiana

Supreme Court the Circuit and Superior Courts of Grant County, Indiana,

adopt the two-tier notice and summons as described within Indiana Jury Rule

4 effective January 1, 2003. The Courts of this County shall, from time to

time, develop, and revise, forms necessary to implement the two-tiered

notice system and such other forms as are necessary to implement the intent

of the Indiana Jury Rules.

LR-27 AP 9H-14

Transcript Fees

The attorney requesting a transcript of Court proceedings, for use on appeal or

otherwise, shall be personally responsible for payment of the Court Reporter's

charges.

LR-27 AR 15-21

Court Reporters

The undersigned Courts comprise all of the Courts of record of Grant County,

Indiana and hereby adopt the following Local Rule by which Court Reporter

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. 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.

Page 18 of 32

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 hours 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 Grant 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.

14. Expedited Transcript means a transcript which is requested to be

delivered by the Court Reporter in a time period which is less than 30

days.

Section Two: Salaries, Per Page Fees and Private Practice

1. The Court Reporter shall be paid an annual salary for time spent working

under the control, direction and direct supervision of the Court during all

regular work hours, gap hours or overtime. The Judge of the supervising

Court and Court Reporter(s) shall enter into a separate written agreement

addressing gap hours and overtime.

2. Effective January 1, 2023, the Court Reporter shall charge as follows:

A. A per page fee of Five Dollars and Fifty Cents

($5.50) for indigent county transcripts, state indigent

transcripts and private practice transcripts,

B. a minimum fee of $35.00 per transcript, and

C. additional labor charge for time spent binding the

transcript and exhibit binders (this is to be an hourly rate

based upon Court reporter's paid salary / 35 hour work

week and taking into consideration the additional costs

Page 19 of 32

associated with an individual who receives self -

employed income. This rate shall be calculated on an

annual basis by the Judges of Grant County and

communicated to the Court Reporters.)

D. If preparing an Expedited Transcript, the Court Reporter may

charge up to an additional $2.00 per page.

A claim for all county indigent transcripts shall be submitted to the Grant

County Auditor for payment. Depositions shall remain at Four Dollars

($4.00) per page.

3. Pursuant to Administrative Rule 15 all Court Reporters will report, on an

annual basis, to the Indiana Supreme Court Division of State Court

Administration on forms prescribed by the Division.

4. If the Court Reporter elects to engage in the private practice of recording a

deposition and/or preparation of a deposition and the Court Reporter

desires to utilize the Court=s equipment, work space and supplies, and the

Court agrees to the use of Court=s equipment for such purpose, the Court

Reporter agrees to the following:

A. Record and transcribe the deposition on the Court Reporter=s

own time and keep a record of such on employee time

sheets.

B. Reimburse the County at the rate of ten cents ($.10) per

page for use of equipment, work space and supplies.

(1) The Court Reporter shall submit a claim to the

Grant County Auditor for payment of an indigent

deposition, however, said claim shall include the

deduction for use of equipment, work space and

supplies.

(2) The Court Reporter shall remit payment to the

Grant County Auditor annually, by December

15th, for use of equipment, work space and

supplies in conjunction with a non-indigent

deposition.

LR-27 TR 77-15

Withdrawal of Original Records and Papers

No person shall withdraw any original pleading, paper, record, model or exhibit from

the custody of the Clerk or other officer of the Court having custody thereof except

(1) upon order of a Judge of the Court and (2) upon leaving a proper receipt with the

Clerk or officer.

LR-27 AR10-16

Evidence Handling, Retention and Disposition

A. Preamble

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.

B. Retention Periods for Evidence introduced in Civil Proceedings

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. Exceptions to

this rule are the following case types: GU, JP, MI, and DR. For those case types, all

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

case placed in the custody of the court reporter shall be taken away by the parties

offering them in evidence 10 years after the case is decided.

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

shorthand or stenographic notes as provided in Administrative Rule 7.

C. Retention Periods for Evidence Introduced in Criminal Misdemeanor, Class C

Felony, Class D Felony, Level 5 Felony and Level 6 Felony

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.

D. Retention Periods for Evidence Introduced in Class A Felony, Class B Felony,

Level 1 Felony, Level 2 Felony, Level 3 Felony, and Level 4 Felony

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,

Page 20 of 32

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.

E. Drugs, currency, or other dangerous or valuable items shall not be included in

appellate records.

F. Notification and Disposition. In all cases, the court shall provide actual notice, by

mail or through the Madison County Courthouse mailbox system, 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, 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 should be ordered to 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 take precedence over inconsistent language in

statutes. I.C. 35-33-5-5(c)(2).

G. 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 can consider the issue and rule appropriately before 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.

H. Rationale on Destruction and Disposal of Evidence There are two goals in the

destruction or disposal of stored evidence. The first is that nothing of a confidential

nature be compromised, and second, that storage space is created.

The following are suggested methods of disposal of such items in the absence of

any statutory provision:

1. Paper: shredding or burning.

2. Drugs: to Sheriff for disposal.

3. Guns: to Sheriff for auction or destruction.

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4. Plastic, glass, stone or stone-like objects, wood: to County Dump.

5. Money: per statute

6. Jewelry or other valuables: Notify owner to retrieve or sale at Sheriff’s auction.

7. For any other material: The presiding Judge shall make written instructions for

disposal.

8. For any of the above, or for any item not mentioned, the presiding Judge may

give written instructions for disposal.

LR-27 CR 00-30

Discovery and Motions in Limine in Criminal Cases

I. Discovery

A. Duty of the State of Indiana

In all Murder, class A, class B, class C, and class D felony cases, (filed

prior to July 1, 2014); and in all F1 (Level 1 felony); F2 (Level 2 felony); F3

(Level 3 felony); F4 (Level 4 felony); F5 (Level 5 felony); F6 (Level 6 felony);

MC (Miscellaneous Criminal), and misdemeanors in conjunction with Level 1,

2, 3, 4, 5, and 6 felonies (filed after July 1, 2014), unless relieved by court

order, the Prosecuting Attorney shall, within thirty (30) days after the initial

hearing furnish the attorney for the Defendant the following:

1. The names and addresses of persons whom the Prosecuting Attorney

intends to call as witnesses at the trial, together with their relevant

written or recorded statements;

2. Any written or recorded statements and any summaries of oral

statements made by the accused herein or any statements of others

which contain a declaration of the accused;

3. Those portions of the Grand Jury minutes which contain statements of

witnesses whom the Prosecutor intends to call and directly examine at

trial, which statements are probably within the control of the

prosecution and which statements will relate to matters covered in the

witness’ testimony in this case, for the purpose of cross-examination

and impeachment of such witness’ credibility;

4. The relevant testimony which is reduced to writing of persons whom

the Prosecutor intends to call as a witness at the trial, but who did not

testify before the Grand Jury;

5. Any reports or statements of experts made in connection with this

case, including results of physical or mental examination and of

scientific tests, experiments, and comparisons;

6. Any books, papers, documents, photographs or tangible objects, which

the Prosecuting Attorney intends to use in the trial or which were

obtained from or belong to the accused or his family;

7. Any declarations against interest made by the Defendant;

8. Any evidence the Prosecutor might have, favorable to the Defendant;

9. Copies of any photographs which the prosecution has in its possession

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which it intends to introduce as evidence;

10. Any description of the Defendant’s conduct, if any, that the prosecution

intends to introduce as an implied admission;

11. Any promises, rewards, or inducements provided to prosecution

witnesses or defense witnesses;

12. Any victim’s statement that was recorded or memorialized and that is

under the State’s control;

13. Any and all medical reports in the State’s possession or under the

State’s control in appropriate cases;

14. That portion of police reports containing substantially verbatim

statements of witnesses;

15. The criminal record of the Defendant, including arrests and

convictions; and

16. Evidence of other crimes, wrongs, or acts pursuant to Evidence Rule

404(b).

The State shall also allow counsel for the Defendant to examine any and

all physical evidence, whether or not the prosecution intends to present

the evidence at trial, within thirty (30) days after the initial hearing.

B. Duty of Counsel for the Defendant.

In all Murder, class A, class B, class C, and class D felony cases (filed

prior to July 1, 2014); and in all F1 (Level 1 felony); F2 (Level 2 felony); F3

(Level 3 felony); F4 (Level 4 felony); F5 (Level 5 felony); F6 (Level 6 felony),

MC (Miscellaneous Criminal), and misdemeanors in conjunction with Level 1,

2, 3, 4, 5, and 6 felonies (filed after July 1, 2014), unless relieved by court

order, counsel for the Defendant shall, within thirty (30) days after receiving

the discovery from the State of Indiana in any criminal action filed against the

Defendant, furnish the attorney for the State of Indiana the following:

1. Any reports or results or testimony relative thereto, of physical or

mental examination or of scientific tests, experiments or

comparisons, or any other reports or statements of experts

pertaining to this case;

2. A summary of any special or statutory defense(s), which Defendant

intends to make at a hearing or trial in this cause;

3. Names and last known addresses of persons Defendant intends to

call as witnesses, together with their relevant written or recorded

statements, including memoranda reporting or summarizing their

oral statements, and any record of prior criminal convictions known

to the Defendant; and

4. Any books, papers, documents, photographs, or tangible objects

Defendant intends to use as evidence or for impeachment at a

hearing or trial.

Page 23 of 32

Page 24 of 32

C. Duty When Defendant is Not Represented by Counsel.

If a Defendant is not represented by an attorney, the above duties do not

apply. The parties must file written motions with the court to request

discovery.

II. Motions in Limine.

In all Murder, class A, class B, class C, and class D felony cases, (filed

prior to July 1, 2014); and in all F1 (Level 1 felony); F2 (Level 2 felony); F3

(Level 3 felony); F4 (Level 4 felony); F5 (Level 5 felony); F6 (Level 6

felony); MC (Miscellaneous Criminal), and misdemeanors in conjunction

with Level 1, 2, 3, 4, 5 and 6 felonies (filed after July 1, 2014), unless

relieved by court order, the following items are excluded from evidence,

and the Court prohibits any reference at the fact-finding hearing to the

following. In addition, counsel and all witnesses may not refer to, mention,

or testify about the following:

1. The fact that the Defendant failed to make a statements either

orally or in writing at the time of his arrest;

2. Any questioning of the Defendant, or any statements which

Defendant may have made while he was in the custody of the

police, absent proof beyond a reasonable doubt that the statements

were made freely and voluntarily and after knowing and intelligent

waiver of rights by the Defendant;

3. Any previous arrest or detention of the Defendant which did not

result in a conviction;

4. Any other alleged offenses, allegedly involving the Defendant, in

which he or she was neither arrested nor charged;

5. Any prior conviction of the Defendant, except those which may be

used for the purpose of impeachment; and

6. The statutory penalty for the offense(s) charged, or any and all

included offenses.

The rule regarding Motions in Limine applies in cases where Defendant is

represented by counsel, and it also applies to cases where Defendant is not

represented by counsel.

LR-27 PO 00-18

Guardianships

A. In all guardianship or protective proceedings seeking to declare an adult

incapacitated, either the person alleged to be incapacitated shall be present

at the hearing or the petitioner shall present sufficient medical evidence to

establish that a Court appearance would result in injury to the person's health

or safety.

B. In all guardianship or protective proceedings seeking to declare an adult

incapacitated, a physician's report must be completed and presented to the

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Court at or before the hearing.

C. No guardian of an adult shall be appointed or protective order entered

without notice, except upon verified allegations that delay may result in

immediate and irreparable injury to the person or loss or damage to

property.

D. No guardian of a minor shall be appointed or protective order entered

without notice to, or consents from, both natural parents.

E. No surety bond is required where a corporate fiduciary serves as guardian

or co- guardian. In all other cases, a bond will be required in an amount

equal to the value of the protected person's assets.

F. Biennial accountings will be required in all permanent guardianship of the

estate cases, unless otherwise ordered by the Court. Biennial reports will be

required in all permanent guardianship of the person cases. Biennial reports

filed by guardians of the person shall state the present residence and

general welfare of the incapacitated person.

G. In every petition for the appointment of a guardian of the person of a minor

child, the following information shall be given:

1. The child's birth date and present address;

2. The places where the child has lived within the past two (2)

years and the names and present addresses of persons with

whom the child has lived during that period;

3. Whether, to Petitioner's knowledge, any other litigation is

pending concerning the custody of the child in this or any

other state.

4. Whether, to Petitioner's knowledge, any person not a party to

the guardianship proceeding has physical custody of the child

or claims to have custody or visitation rights with respect to the

child.

H. In all cases where the guardian of the estate is not a corporate fiduciary, the

guardian shall sign and file with the Court, within five (5) days of the order

appointing guardian, the "Instructions to Guardian Concerning Financial

Matters" form attached to these Rules as Exhibit B.

LR-27 PO 00-19

Estates

A. All petitions to open an estate shall set forth the probable value of the

personal property plus the estimated annual rents and profits to be derived

from the property in the estate.

B. In every unsupervised and supervised estate the Personal Representative

shall file a corporate surety bond in an amount determined by the Court to

Page 26 of 32

be adequate to protect distributees, creditors and taxing authorities, except:

1. No surety bond is required where a corporate fiduciary

serves as Personal Representative or Co-Personal

Representative.

2. No surety bond is required in a solvent estate where the

decedent's spouse serves as Personal Representative and is

the sole distributee.

3. Where a Will provides that bond be dispensed with, the Court

may fix a bond in an amount adequate to protect creditors and

taxing authorities.

4. Where the Personal Representative is a distributee, the bond

may be reduced by the Personal Representative's estimated

net distributive share, but the Court will fix a bond adequate to

protect other distributees (if any), creditors and taxing

authorities.

5. Where all distributees consent in writing that the Personal

Representative serve without bond, the Court may fix a bond

in an amount adequate to protect creditors and taxing

authorities.

C. In all supervised estates, the Personal Representative shall file an

inventory conforming with the requirements of I.C. 29-1-12-1 within two

(2) months of appointment.

D. In all unsupervised estates, the Personal Representative shall, within

two (2) months of appointment either:

1. file an inventory conforming with the requirements of I.C. 29-1-

7.5- 3.2(b); or

2. file a verified certification that an inventory conforming

with the requirements of I.C. 29-1-7.5-3.2 has been

prepared and is available to be furnished to distributees

on request.

E. Personal Representatives shall comply with I.C. 29-1-16-2, which provides

as follows: "Every Personal Representative shall close the estate as

promptly as possible. Unless for good cause shown, the time for filing the

final account in the estate shall not exceed one (1) year from the appointment

of a Personal Representative".

F. Whenever a supervised estate cannot be closed within one (1) year, the

Personal Representative shall file an intermediate account with the Court

within thirty (30) days after the expiration of one (1) year and each

succeeding year thereafter. The accounting:

1. Shall state facts showing why the estate cannot be closed

and an estimated date of closing.

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2. Shall propose partial distribution of the estate to the extent

that partial distribution can be made without prejudice to

distributees and claimants.

G. In unsupervised estates a closing statement shall be filed within one (1)

year after opening the estate. Whenever an unsupervised estate cannot

be closed within one (1) year, the Personal Representative shall file a

status report indicating why the estate cannot be closed and an estimated

date of closing.

H. In estates opened for the sole purpose of prosecuting a wrongful claim the

Personal Representative shall annually file a status report as to the

progress of the claim or suit.

I. Disputes regarding Personal Representative and attorney fees in estates

shall be resolved utilizing the fee guidelines adopted by the Probate

Committee of the Indiana Judicial Conference.

LR-27 11 USC 362-27

Bankruptcy Notification Requirements

A. When a local court proceeding is stayed by federal bankruptcy law, such as

when a party to the local court proceeding files a bankruptcy proceeding,

that party shall promptly file with the local court and serve on every other party to

the local proceeding a notice reciting:

1. the filing of a bankruptcy petition by the party;

2. the bankruptcy case number;

3. the date the bankruptcy proceeding was filed;

4. the name and address of the bankruptcy court; and

5. the name, address, and phone number of the attorney

representing the party in the bankruptcy proceeding, if any.

B. The party shall also promptly file with the local court and serve on every

other party to the local proceeding a copy of the bankruptcy court order

setting out any of the following:

1. the order closing the case;

2. the order dismissing the case;

3. the order granting or denying the discharge.

C. If the party to the local court proceeding is represented by an attorney in the

local court proceeding, the attorney shall comply with the foregoing on behalf

of his or her client. If the party is not represented by an attorney in the local

court proceeding, the party is personally responsible to comply with the

foregoing.

Page 28 of 32

LR-27 AR 00-28

Court Building Security

Pursuant to the inherent power of the Courts to provide for the orderly operation of

the Courts and for the safety of litigants, witnesses, court staff, and the public, the

judges of the Grant Circuit and Superior Courts (“the Courts”) enter the following

orders after completing the process of publishing this Court Building Security Order

as a local court rule:

1. Everyone entering the Grant County Courthouse and any other location

where a judicial officer of any of the Courts maintains an office or conducts

court proceedings (collectively “the courtroom buildings”), must consent to a

search of their person, including any package, briefcase, or purse.

2. If a courtroom building has more than one entrance/exit, the Courts

may designate one or more of the entrances/exits to be used only for

restricted purposes, as the Courts deem to be appropriate.

3. Unless exempt under Paragraph 6, below, everyone entering a courtroom

building is prohibited from having any of the following in their possession

when in the courtroom building:

a. an audiovisual recording device as defined by I.C. § 35-31.5-2-

23 & I.C. § 35-46-8-2

b. body armor as defined by I.C. § 35-31.5-2-28 & I.C. § 35-47-5-13(a)

c. a bomb as defined by I.C. § 35-31.5-2-31

d. a camera as defined by I.C. § 35-31.5-2-33 & I.C. § 35-45-4-5(a)(1)

e. a cell phone or similar communication device, unless the person is 1)

an attorney licensed to practice law in the State of Indiana; 2) a

member of the attorney’s support staff; 3) a governmental employee;

or 4) a workman or vendor, so long as the attorney, staff member,

governmental employee, workman or vendor is conducting business in

the courtroom building

f. a Chinese throwing star as defined by I.C. § 35-31.5-2-41 & I.C. §

35-47- 5-12

g. a dangerous device as defined by I.C. § 35-31.5-2-82 & I.C. § 35-

47-6- 1.1(a)

h. a dangerous gas as defined by I.C. § 35-31.5-2-83

i. a deadly weapon as defined by Ind. Code § 35-31.5-2-86

j. a destructive device as defined by I.C. § 35-31.5-2-92 & I.C. § 35-47.5-

2-4

k. a detonator as defined by I.C. § 35-31.5-2-93 & I.C. § 35-47.5-2-5

l. an electronic stun weapon as defined by I.C. § 35-47-8-1

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m. an explosive as defined by I.C. § 35-31.5-2-125 & I.C. § 35-47.5-2-7

n. a firearm as defined by I.C. § 35-31.5-2-133, I.C. § 35-47-1-5, & I.C.

§ 35- 47-15-1

o. a handgun as defined by I.C. § 35-31.5-2-148 & I.C. § 35-47-1-6

p. a knife as defined by I.C. § 35-31.5-2-180 & I.C. § 35-47-5-2.5(a) and

(b)

q. a stun gun as defined by I.C. § 35-31.5-2-112 & I.C. § 35-47-8-1

r. a taser as defined by I.C. § 35-31.5-2-324 & I.C. § 35-47-8-3

s. a tear gas device such as Mace® or pepper spray

t. and any other material that, in the manner in which it is used, could

ordinarily be used or is intended to be used and is readily capable of

causing serious bodily injury (as defined by I.C. § 35-31.5-2-292) as

initially determined by the Grant County Sheriff’s Officers and as approved by

any of the judges of the Courts.

4. Anyone refusing to comply with this Order is to be denied entrance to

the courtroom buildings.

5. Anyone violating this Order may be found to be:

a. in direct contempt of court under I.C. § 34-47-2, if the violation

occurs in the presence of a judicial officer; or

b. in indirect contempt of court under I.C. § 34-47-3, if the violation is

willful and occurs out of the presence of a judicial officer.

6. The following individuals are exempt from this order:

a. Any law enforcement officer appearing at any of the courtroom

buildings on official duty is exempt. The term “law enforcement

officer” is defined in

I.C. § 35-31.5-2-185 as follows:

(1) a police officer (including a correctional police officer),

sheriff, constable, marshal, prosecuting attorney, special

prosecuting attorney, special deputy prosecuting attorney,

the securities commissioner, or the inspector general,

(2) a deputy of the people listed in Paragraph 6(a)(1),

(3) an investigator for a prosecuting attorney or for the

inspector general,

(4) a conservation officer,

(5) an enforcement officer of the alcohol and tobacco commission,

and

(6) an enforcement officer of the securities division of the office

of the Secretary of State.

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b. Any federal enforcement officer as defined in I.C. § 35-31.5-2-129 is

a “law enforcement officer”. This includes a Federal Bureau of

Investigation special agent, a United States Marshals Service

marshal or deputy, a United States Secret Service special agent, a

United States Fish and Wildlife Service special agent, a United

States Drug Enforcement Agency agent, a Bureau of Alcohol,

Tobacco, Firearms and Explosives agent, a United States Forest

Service law enforcement officer, a United States Department of

Defense police officer or criminal investigator, a United States

Customs Service agent, a United States Postal Service investigator,

a National Park Service law enforcement commissioned ranger, a

United States Department of Agriculture–Office of Inspector

General special agent, a United States Citizenship and Immigration

Services special agent, and any individual who is an employee of a

federal agency and is authorized to make arrests and carry a firearm in

the performance of the individual’s official duties;

c. Indiana Department of Correction Officers,

d. Community Correction officers,

e. judicial officers,

f. probation officers,

g. employees of the courtroom buildings, who carry chemical spray

devices for personal protection are also exempt, and

h. any other person authorized by at least three (3) full-time judicial

officers of the Courts shall be exempt until at least three (3) full-time

judicial officers of the Courts withdraw the exemption. The judicial

officers are to provide the Grant County Sheriff with a copy of the

authorization and/or the withdrawal of the authorization for the

exemption to be valid.

7. Any person listed in Paragraph 6 SHALL NOT BE EXEMPT whenever

they or any member of their family is a party to any proceeding taking

place. This does not include appearing in the individual’s official capacity.

8. The statutes cited above may change from time to time. This local court rule

shall automatically refer to the relevant statutes in effect at any given time.

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LR-27 PO 00-18 Exhibit B

Instructions to Guardian Concerning Financial Matters

You have been appointed to serve as guardian of an individual who, because of

some infirmity, is unable to manage his or her own financial affairs. It is important

that you understand the significance of this appointment and your responsibilities

as guardian.

Upon being appointed guardian, you are required to a post a bond in the amount

set by the Court and take an oath to faithfully discharge your duties as guardian.

Along with your other duties as guardian, you should be aware of the following:

A. You are required to file in the Clerk’s Office a verified inventory and

appraisement of all property belonging to the Protected Person within ninety

(90) days after your appointment.

B. Every two (2) years you must file with the Court a verified accounting

detailing all property and income received and all expenses paid with

receipts to verify each expenditure of the guardianship.

C. You must pay bond premiums and court costs as they become due.

D. You must file Federal & State Tax Returns for the Protected Person & pay

taxes.

E. You are required to file a final accounting with the Court upon the

termination of the guardianship or upon the death of the Protected Person

detailing all property and income received and all expenses paid with

receipts to verify each expenditure.

F. You must deposit all money directly into the Guardianship Account and

obtain and keep receipts (preferably cancelled checks) for all

expenditures.

It is the duty of the guardian to protect and preserve the Protected Person’s

property, to account for such assets faithfully and to perform all duties required by

law of a guardian. You may not make expenditures or investments from

guardianship funds without Court’s authorization.

Guardianship funds should never be co-mingled with personal funds. Accurate

accounts must be kept and accurate reports made. Unauthorized use of

guardianship funds may result in personal liability, and/or criminal prosecution.

It is important to understand that a guardian has the same duties and

responsibilities concerning the Protected Person even if the Protected Person is

a relative.

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If any questions arise during the guardianship you should consult your attorney.

Signed on. ,

Judge

I acknowledge receipt of a copy of the above instructions and affirm under the

penalties for perjury that I will follow the instructions carefully.

Signed on. ,

Guardian