IN · rules
Ind. County Local Rule: hamilton-local-rules
hamilton-local-rules
In the Circuit and Superior Courts of Hamilton County
Local Administrative Rules
LR29-AR00-101. COURT HOURS
101.10 The Hamilton Circuit and Superior Courts shall be in session Monday through Friday,
legal holidays excluded, and during such other hours as each court may, from time to time, direct
or otherwise post.
LR29-AR00-102. COURT CLOSING
102.10 When weather conditions or other emergencies arise, any court closing shall be made by
the judge of the Court after consultation with County Officials and the Sheriff. The Court shall
make a reasonable effort to contact litigants scheduled for court if the Chronological Case
Summary has the addresses and telephone numbers of the attorneys or pro se litigants.
102.20 The Court shall not be responsible for contacting attorneys and pro se litigants if the
Chronological Case Summary does not contain a current address where notices and orders are to
be sent and a current telephone number where the attorney or pro se litigant can be reached
during normal business hours.
LR29-AR00-103. PLAN FOR ALLOCATION OF JUDICIAL RESOURCES
103.10 The Circuit and Superior Courts of Hamilton County have previously adopted various
rules concerning the filing of certain types of matters in the Hamilton Circuit and Superior
Courts. Unless changed by addition, amendment and/or deletion, those rules remain in effect. In
conjunction with the adoption of this Local Rule and plan, the following Hamilton County Local
Rules also affect the allocation of judicial resources: LR29-AR00-110. Assignment of
Infraction and Ordinance Violation Cases; LR29-TR76-210. Transfer of Small Claims,
Infraction and Ordinance Violation Cases and Protective Orders in the Event of Disqualification;
LR29-CR00-301. Criminal Random Filing; LR29-CR00-302. Clerk Procedures to Accomplish
Criminal Random Filing; LR29-CR00-303. Filing Co-Defendants Under the Hamilton County
Criminal Random Filing Rule; LR29-CR00-304. Filing Felony Cases Arising from Juvenile
Waiver Hearings; LR29-CR13-312. Coordinated Local Rule of the Courts of Hamilton County,
Enacted in Compliance with C.R. 2.2(D) and 13(C); LR29-DN01-602. Rules for Trial De Novo
Following Civil Judgments; LR29-DN02-603. Rules for Trial De Novo Following Judgments
for Infractions or Ordinance Violations; LR29-DN02-604. Rules for Trial De Novo Following
Misdemeanor Trial in City or Town Court; LR29-PR00-702. Filing of Pleadings; and LR29-
JV00-801. Assignment of Juvenile Case Numbers.
103.20 All requests for a prosecutor subpoena shall be filed in Superior Court No. 4, Superior
Court No. 6, and Superior Court No. 7 on an even and random basis.
103.30 All requests for an order requiring the Indiana Bureau of Motor Vehicles to issue a title
shall be filed in Superior Court No. 4. All petitions for change of name and/or gender marker
shall be filed in Hamilton Circuit Court. All other MI cases shall be filed in any Hamilton
Circuit or Superior Court. CE cases shall be filed in Superior Court No. 2. GV and RA cases
shall be filed in any Hamilton Circuit or Superior Court.
103.40 Evictions (EV) and Small Claims (SC) cases shall be filed in Superior Court No. 4,
Superior Court No. 6, and Superior Court No. 7.
103.50 The judges of the Courts of record of Hamilton County shall meet at least once annually
for the purpose of reviewing the weighted caseload of each court, and at such other times as may
be required either by the Courts themselves or to comply with new orders of the Indiana
Supreme Court or to comply with the District Plan.
103.60 The judge of the Circuit Court may, with the consent of the judge of a receiving Superior
Court, transfer any action either filed and/or docketed in the Circuit Court to the Superior Court
to be re-docketed and disposed of as if originally filed with the receiving Superior Court. The
judge of a Superior Court may, with the consent of the judge of the receiving Circuit Court or
other receiving Superior Court, transfer any action either filed and/or docketed in the Superior
Court to the Circuit Court or the other Superior Court to be re-docketed and disposed of as if
originally filed with the receiving Court.
LR29-AR00-104. PROTECTIVE ORDERS UNDER IC 5-2-9-2.1
104.10 Protective Order Filing:
a. Except as provided in (b), all protective orders (PO) shall be filed in Superior Court No.
2, 6, and 7 on an even and random basis, except that multiple protective orders with a
common party shall be filed in the same court.
b. For a change of judge pursuant to Trial Rule 76(B) or 79(C), see LR29-TR76-209.
c. From time to time, the Courts may provide orders to assist the Clerk in implementing the
Protective Orders Filing procedures.
LR29-AR00-105. FEES FOR THE HAMILTON COUNTY C.A.R.E. PROGRAM
105.10 The judges of Hamilton County have established the following fees for the Hamilton
County Court Assisted Rehabilitative Effort (C.A.R.E.) program:
Assessment, referral and case management services $150.00
LR29-AR00-106. DUPLICATION FEES
106.10 The Judges of Hamilton County, in order to comply with IC 5-14-3-8, have established
the following fees for duplication of audio and video media when permitted by the Court:
CD $1.00/each
Flash Drive $5.00/each
106.20 To obtain a CD or flash drive of a hearing a FORM AR00-106 must be completed and
submitted to the Court Reporter (copes of the Form may be obtained from the Court Reporter)
and all amounts due must be paid before the CD or flash drive will be produced.
LR29-AR00-107. COURT FACILITIES SECURITY
107.10 Indiana Administrative Rule 19 requires that “[e]ach court shall develop and implement a
court security plan to ensure security in court facilities.” The power to do so is derived in part
from the Indiana Constitution Article 3, § 1 and the Indiana Constitution Article 7. In addition,
Indiana Code 35-47-11.1-4(5) creates an exception to the general rule prohibiting a political
subdivision from regulating the possession and carrying of firearms, etc. Accordingly, the
Judges of the Hamilton Circuit and Superior Courts (“the Courts” have promulgated this local
court rule as required by Indiana Trial Rule 81. It is intended to provide for the orderly operation
of the Courts, the safety of the public, the litigants, the witnesses, and the court staff.
107.20Specifically, to accomplish the above:
1. Anyone entering the locations listed below (collectively “the courtroom facilities”) must
consent to a search of their person, including any package, briefcase, or purse:
a. the Hamilton County Government and Judicial Center and the Hamilton County
Historic Courthouse;
b. the Hamilton County Probation Department;
c. any other location where a judicial officer conducts any court proceeding.
2. If a courtroom facility has more than one entrance/exit, the Courts may designate one or
more of the entrances/exists to be used only for restricted purposes.
3. Unless exempt under item 6, below, anyone entering a courtroom facility is prohibited
from having any of the following in his or her possession while in the courtroom facility:
a. a loaded or unloaded firearm; or
b. a weapon, device, taser (as defined in Indiana Code 35-47-8-3) or electronic stun
weapon (as defined by Indiana Code 35-47-8-1), equipment, chemical substance
or other material, including a knife, razor, box-cutter, and switchblade that in the
manner it is used, or could ordinarily be used, is readily capable of causing
serious bodily injury.
4. Anyone refusing to comply with this Order is to be denied entrance to the courtroom
facilities.
5. Anyone violating this Order may be found to be in contempt of court and punished for
that contempt pursuant to the inherent power of the Courts and/or pursuant to Indiana
Code 34-47, Indiana Code 34-47-2, and/or Indiana Code 34-47-3.
6. The following individuals are exempt from this order:
a. a law enforcement officer, as defined in Indiana Code 35-31.5-2-185;
b. a judicial officer, as defined in Indiana Code 35-31.5-2-177.7;
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.
107.30 The Hamilton County Sheriff may establish any and all necessary procedures needed to
carry out this rule.
107.40 The Hamilton County Sheriff and/or law enforcement officers shall search and seize all
deadly weapons in violation of this rule. All seized deadly weapons shall be held by the
Sheriff’s Department until further Order of the Court.
107.50 The Hamilton County Sheriff and/or law enforcement officers may detain persons which
they have reason to believe posses such deadly weapons in violation of this rule long enough to
obtain proper name, address, date of birth and social security number and/or to seize such deadly
weapon.
107.60 Any person who possesses a deadly weapon in violation of this rule shall be immediately
brought before the Court for a Direct Contempt Hearing.
LR29-AR15-108. COURT REPORTERS AND PROCEDURES
108.10 The Official Court Reporter serving each court has not only the duties assigned by the
Court she or he serves but also certain statutory duties. The purpose of this Rule is to establish
personnel policies relating to the Court Reporters’ special duties.
108.15 Definitions:
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.
b. “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.
c. “Workspace” means that portion of the Court’s facilities dedicated to each court reporter,
including but not limited to actual space in the courtroom and any designated office
space.
d. “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.
e. “Recording” means the electronic, mechanical, stenographic or other recording made as
required by Indiana Rule of Trial Procedure 74.
f. “Regular hours” worked means those hours which the Court is regularly scheduled to
work during any given work week. Hamilton County required work hours are 37.5 per
week.
g. “Gap hours” worked means those hours worked that are in excess of the regular hours but
not in excess of forty (40) hours per work week.
h. “Overtime hours” worked means those hours worked in excess of forty (40) hours per
work week.
i. “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, and Friday through Thursday.
j. “Court” means the particular court for which the court reporter performs services. Court
may also mean a group of courts, i.e., county courts.
k. “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.
l. “State indigent transcript” means a transcript that is paid for from state funds and is for
use on behalf of a litigant who has been declared indigent by a court.
m. “Private transcript” means a transcript, including but not limited to, a deposition
transcript that is paid for by a private party.
108.20 A court reporter shall be permitted to type transcripts of official court proceedings during
county-compensated hours. Equipment and supplies shall be used for the recording and/or
preparation of such transcripts. If the recording or preparation of such transcripts requires
overtime, such court reporter will be either paid overtime or given compensatory time.
108.25 A 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 hours.
108.30 The amount of the annual salary of each court reporter shall be set by each court subject
to the approval of the Hamilton County Council.
108.35 The annual salary paid to the court reporter shall be for a fixed scheduled 37.5 regular
working hours per week.
108.40 The court reporter shall, if requested or ordered, prepare any transcript during regular
working hours.
108.45 In the event that preparing a transcript could not be completed during regular working
hours, a court reporter shall be entitled to additional compensation beyond regular salary under
the two options set forth below:
a. Gap hours shall be paid in the amount equal to the hourly rate of the annual salary; and
overtime hours shall be paid in the amount of 1.5 times the hourly rate of the annual
salary; or
b. Compensatory time off from regular work hours shall be given in the amount equal to the
number of gap hours worked; and compensatory time off from regular work hours shall
be given in the amount of 1.5 times the number of overtime hours worked.
108.50 Each court and court reporter may freely negotiate between themselves as to which of the
two options may be utilized and the Court and court reporter shall enter into a written agreement
designating the terms of such agreement.
108.55 A court reporter may charge $6.25 per page for county and state indigent transcripts. A
court reporter shall submit directly to the county a claim for preparation of county indigent
transcripts.
108.60 A court reporter may, at the request of another official court reporter, agree to prepare
court proceedings of another court. Such preparation shall not be done on county-compensated
hours, but county equipment and supplies may be used. In addition, a court reporter may do
private recording or preparation of depositions, but a court reporter shall not do any recording or
preparation of private depositions during county-compensated hours, and county equipment and
supplies shall not be used for recording or preparation of such depositions.
108.65 A court reporter may charge a maximum of $6.25 per page for a transcript prepared for a
private party.
108.70 The court reporter shall report on an annual basis to the State Court Administrator all
transcript fees, whether county indigent, state indigent, or private received by the court reporter.
108.75 Modification of this policy may be made to meet the security, scheduling or other unique
needs of a particular case. Any modification shall be by written order of the Court. An
individual requesting modification of this policy should provide the Court a factual and/or legal
basis for such request and specifically set forth what items are being requested. (Form AR15-
109).
LR29-AR00-109. ASSIGNMENT OF INFRACTION (IF) AND ORDINANCE
VIOLATION (OV) CASE NUMBERS
109.10 The Clerk shall as near equally as possible assign cause numbers for new filings of all IF
and OV case types to Hamilton Superior Courts No. 4, 6, and 7 (i.e., 1/3 in each court).
109.20 The Clerk shall accomplish the above by assigning cause numbers to the courts based
upon the first letter of the defendant’s or respondent’s last name or other method as the judges of
said courts shall agree.
LR29-AR00-110. FEES FOR THE HAMILTON COUNTY DRUG COURT
110.10 The Judges of Hamilton County have established the following fees for the Hamilton
County Drug Court:
Administration fee (per admission) $100.00
Service fee (per month, per referral) not to exceed $50.00
NOTE: Chemical testing fees will be assessed in addition to the Drug Court services fee.
LR29-AR00-111. AUDIO AND/OR VIDEO RECORDING OF COURT PROCEEDINGS
111.10 Pursuant to Indiana’s Code of Judicial Conduct Rule 2.17, and the inherent authority of
the Court to prevent the disruption of court proceedings, the recording of audio and taking of
video or photographs in the courtroom and adjacent hallways is prohibited. The broadcasting,
televising, distribution, or possession of any unauthorized photographs or audio and/or video
recordings of any court proceeding is also prohibited. The recording of audio and/or taking of
video or photographs or the broadcasting, televising, distribution or possession of any such
recording, without the prior written approval of the Court, may be punishable as a contempt of
court.
111.20 A person who aids, induces, or causes the unauthorized recording of audio and//or taking
of video or photographs of court proceedings or a person who broadcasts, televises, distributes or
possesses an unauthorized audio or video recording or photograph of a court proceeding is also
subject to contempt of court proceedings.
111.30 In order to ensure compliance with and/or to determine if there is a violation of this rule,
the Court may order the seizure of any electronic device suspected of containing or being used in
the transmission of unauthorized photographs or recordings. In addition to the possible sanctions
for contempt, including imposition of a fine and/or commitment to the Hamilton County Jail, the
Court may confiscate any audio recording, video recording, or photograph that is in violation of
this rule.
LR29-AR07-112. CUSTODY, REMOVAL, AND DISPOSAL OF ORIGINAL RECORDS
AND EXHIBITS
112.10 GOVERNED BY LOCAL RULES. Except as provided for in Administrative Rule 7, the
custody, removal, and disposal of original records and exhibits shall be governed by this rule.
112.20 TIME PERIOD FOR COURT REPORTER TO MAINTAIN CUSTODY. After being
marked for identification, all models, diagrams, exhibits and materials (hereinafter “items”)
offered or admitted into evidence in any case pending or tried in the Hamilton Circuit and
Superior Courts shall be placed in the custody of the Court Reporter and, unless ordered
otherwise by the Court, shall not be removed until after the time periods specified below.
a. Criminal Cases:
1. Misdemeanor, Class C, D, Level 5 and 6 felony cases two (2) years after the latest
of the following events:
a. the case is dismissed;
b. the defendant is found not guilty;
c. the defendant is sentenced; or
d. if there was an appeal, the filing of the final order (i.e., the order disposes
of all issues) of the reviewing Court in the office of the Clerk.
2. Class A, B, Level 1, 2, 3, and 4 felony and Murder cases twenty (20) years after
the latest of the following events:
a. the case is dismissed;
b. the defendant is found not guilty;
c. the defendant is sentenced; or
d. if there was an appeal, the filing of the final order (i.e., the order disposes
of all issues) of the reviewing Court in the office of the Clerk.
b. Civil Cases:
1. Thirty (30) days after the latest of the following events:
a. the case is decided; or
b. if there was an appeal, the filing of the final order (i.e., the order disposes
of all issues) of the reviewing Court in the office of the Clerk.
112.30 TIME PERIOD FOR REMOVAL BY PARTIES. Unless ordered otherwise, all items
placed in the custody of the Court Reporter shall be removed by the parties or their attorneys
who offered them into evidence no later than ninety (90) days after the expiration of the time
periods set forth in above subsection 113.20. At the time of removal, a detailed receipt shall be
provided by the party removing said items and this receipt will be filed in the case. No motion or
order is required prior to the removal of an exhibit pursuant to this subsection.
112.40 DISPOSAL OF UN-REMOVED ITEMS. If the parties or their attorneys do not remove
the items within the time period set forth in subsection 113.30, the Court may direct disposition
or destruction of the items. For all cases decided or otherwise disposed of as to all issues prior to
the effective date of this rule, if the parties or their attorneys do not remove the items within sixty
(60) days after the effective date of this rule, the Court may direct disposition or destruction.
112.50 CURRENCY AND CONTRABAND. Currency exhibits and contraband exhibits, such
as controlled substances and weapons, shall be released to the investigative agency at the
conclusion of the trial and not placed in the custody of the Court Reporter. A receipt shall be
issued and a photograph substituted when such exhibits are released.
112.60 BIOLOGICALLY CONTAMINATED EVIDENCE. A party who offers biologically
contaminated evidence must file a pre-trial notice with the Court and serve all the parties so that
the Court can consider the issue and rule appropriately before trial.
LR29-AR00-113. FEES FOR THE HAMILTON COUNTY VETERANS COURT
113.10 Pursuant to the authority granted by IC § 33-23-16-23, the Judges of Hamilton County
have established the following fees for the Hamilton County Veterans Court:
Administration fee (per admission) $100.00
Service fee (per month, per referral) $50.00
NOTE: Chemical testing fees will be assessed in addition to the Veterans Court service fee.
LR29-AR00-114. FEES FOR THE HAMILTON COUNTY PRETRIAL SERVICES
114.10 Pursuant to IC § 35-33-8-3.3, the Judges of Hamilton County have established the
following fee for Hamilton County Pretrial Services:
One (1) Initial Pretrial Service fee $50.00
LR29-AR00-115. TRAFFIC VIOLATION BUREAU AND PROCEDURES
115.10 Pursuant to Indiana Code 34-28-5-7, Hamilton Superior Courts No.s 4, 5, and 6 (“the
Courts”) establish a Traffic Violations Bureau and appoint the Clerk of Hamilton County (the
“Clerk”) as the Violations Clerk to serve in that capacity at the direction and control of the
courts. The Clerk is authorized to appoint such Deputy Violations Clerks as the Clerk deems
necessary.
115.20 Pursuant to Indiana Code 34-28-5-8, the duties of the Violations Clerk, or Deputy
Violations Clerk, shall be to:
a. Accept written appearances, waiver of trial, admissions of violations, declarations of nolo
contendere for moving traffic violations, payments of judgments (including costs in
traffic violation cases), and any deferral agreements made pursuant to statute as well as
deferral program fees prescribed by statute, and any community restitution or service
agreements made pursuant to statute.
b. Issue receipts, account to the appropriate unit of government as provided by law for any
judgment (including costs) collected, and the payment of judgments (including costs)
collected.
115.30 The Courts will designate traffic violations that are within the authority of the Violations
Clerk and a schedule of judgments to be imposed for certain violations which shall be
prominently posted in the office of the Violations Bureau where fines and costs are to be paid
and distributed to the police departments within Hamilton County. The Violations Clerk shall
accept, receipt, and account for all money tendered for designated traffic violations in
accordance with the same policies and procedures under which the Clerk performs such duties
for the acceptance, receipt, and accounting of all other monies received by the Clerk.
115.40 The Courts may hold a joint session designated for hearing alleged traffic violations
involving infractions and ordinance violations on a recurring day and time as agreed upon by the
Courts. For these joint sessions, one of the Judges of the Courts, or his/her designee, shall
preside with full power and authority over all cases docketed for the joint session as if all
docketed cases were in fact filed in the court of the presiding judge. The Judges of the Courts
shall rotate as the presiding judge of the joint sessions.
115.50 Any person charged with a traffic violation that is within the authority of the Violations
Clerk may mail or deliver the amount of the judgment (including costs indicated on the posted
schedule) and a signed admission of the violation or a plea of nolo contendere (if the action is for
a moving traffic violation) and need not appear in open court. The Violations Clerk is authorized
to accept such payments, but, before accepting any pleading admitting to a violation or entering a
declaration of nolo contendere to a moving traffic violation, the Violations Clerk shall inform the
person (or determine that the person has been informed) that the person’s signature to an
admission of the violation or to a pleading of nolo contendere will have the same effect as a
judgment of the Court and that a record of the judgment will be sent to the Commissioner of the
Bureau of Motor Vehicles (the “BMV”) of Indiana or to the BMV of the state where the person
received a license to drive.
115.60 To assist in the efficient functioning of the Courts, the Traffic Violations Bureau and the
Clerk’s Order Book Office for the Courts further establishes the following procedures:
a. The Court takes notice that a person cited into court for a traffic violation that is either an
infraction or an ordinance violation is given personal notice of his/her appearance date.
Accordingly, any person so cited who fails to appear (“FTA”) as required shall be
deemed to have had sufficient legal notice and is subject to the sanctions of Indiana Code
9-30-3-8 including but not limited to the issuance of an arrest warrant for Indiana
residents.
b. Notwithstanding the above subparagraph (116.60 a), no action shall be taken for an FTA
for a joint night court session until 30 days have elapsed from the date of the scheduled
appearance. At the end of the 30 days, the Violations Clerk shall promptly send notice of
the FTA to the BMV as required by statute.
c. Once the defendant has FTA and notice of that FTA has been sent to the BMV, the
defendant may resolve his/her FTA status in the following manner:
1. For all Class D infractions, either: Pay $25.00 on or before a date set by the
Violations Clerk/court staff (said date not to exceed 20 days from the date of the
request). The Violations Clerk/court staff shall inform the defendant that failure
to pay by the date established will result in the imposition of an additional late fee
of $25.00. Or, appear in court on a date set by the Violations Clerk/court staff not
to exceed 30 days from the date of the request. The Violations Clerk/court staff
shall inform the defendant that no continuance will be granted, and that a second
FTA could result in a warrant being issued for the defendant’s arrest.
2. For all scheduled offenses for which the defendant is not required to appear,
either: Pay the scheduled fine plus court costs for each separate cause. This shall
be paid by a date set by the Violations Clerk/court staff not to exceed 30 days
from the date of the request. The Violations Clerk/court staff shall inform the
defendant that failure to pay by the date established will result in the imposition of
an additional late fee of $25.00 for each separate cause. Or, appear in court on a
date set by the Violations Clerk/court staff not to exceed 30 days from the date of
the request. The Violations Clerk/court staff shall inform the defendant that no
continuance will be granted, and that a second FTA could result in a warrant
being issued for the defendant’s arrest.
3. For all offenses for which the defendant is required to appear in court: Appear in
court on a date set by the Violations Clerk/court staff not to exceed 30 days from
the date of the request. The Violations Clerk/court staff shall inform the
defendant that no continuance will be granted, and that a second FTA could result
in a warrant being issued for the defendant’s arrest.
d. The Clerk is authorized to send letters previously approved by the Courts in those
situations where incorrect amounts have been tendered as payment for court costs and
fine, or where payment has been tendered by mail but the defendant is required to appear
in person in open court. However, where a person fails to pay any fine or courts costs
imposed on an infraction or an ordinance violation in full by the date specified by the
court in said mailing, the defendant shall be subject to the late payment fee established by
Hamilton County Local Rule 29-CR00-308, will be shown as failure to pay, and such
failure to pay shall be reported to the BMV for appropriate action.
e. Where a defendant has appeared in open court as required and a judgment for fine and
court costs has been entered, and the defendant has requested and been granted time to
pay, and the fails to pay as agreed, the defendant shall be subject to the late payment fee
established by Hamilton County Local Rule 29-CR00-308, and the Clerk is authorized to
send notice of such failure to pay to the BMV for appropriate action.
f. The Clerk is further authorized to correct purely clerical errors of the Courts in relation to
matters on the minor offenses and violations docket, including but not limited to matters
within the authority of the Traffic Violations Bureau, without the need for further specific
orders from the Courts.
115.70 The Courts having made all reasonable efforts to inform traffic violators of the judgment
amount (including costs) to be paid for their violation, and recognizing that overpayments result
in increased staff time, accounting confusion, and delays, hereby order that any overpayment of
$3.00 or less shall be retained by the Violation Clerk as an overpayment fee and shall be
deposited through the Clerk’s miscellaneous fund account into the Hamilton County General
Fund.
115.80 The Violations Clerk shall collect the late fee as set out in Hamilton County Local Rule
29-CR00-308.
In the Circuit and Superior Courts of Hamilton County
Local Trial Rules
LR29-TR03-201. FILING OF PLEADINGS & ENTRY OF APPEARANCES
201.10 All pleadings shall be filed with the Hamilton County Clerk with the exception of
emergency orders under Trial Rule 65.
201.20 All documents filed in any Hamilton County Court, with the exception of exhibits and
existing wills, shall be prepared on paper measuring 8.5” x 11”.
201.30 All attorneys and pro se litigants shall file appearances complying with Trial Rule 3.1 and
Trial Rule 86.
201.40 Withdrawals of appearances by attorneys shall be permitted only with leave of Court. In
both civil and criminal matters, attorneys requesting withdrawal must comply with provisions of
Trial Rule 3.1(H).
201.50 Pursuant to Trial Rule 86 registered users of the Indiana Electronic Filing System (IEFS)
must utilize the IEFS to accomplish service. Registered users of IEFS by their registration with
the system are deemed to have consented to accept notice and service of orders from the Court
by electronic mail.
201.60 All pleadings filed with the Court that require a certificate of service shall specifically
name the individual party or attorney on whom service has been made, the address, the manner
in which service was made and the date when service was made.
201.70 All filings shall be in compliance with the Indiana Rules of Trial Procedure. If the
documents received are not in proper form, such deficiencies will not be corrected by court
personnel. The Clerk is not required to notify Counsel or litigants of a filing deficiency.
(Amended Effective October 18, 2023)
LR-TR77-202. PROPOSED ORDERS
202.10 Each Motion, Petition, or other request for relief shall be accompanied by a proposed
order. Proposed orders must be set forth on a separate page from the motion and must be filed as
a separate lead document when the Indiana E-Filing System (IEFS) is used as the means of
filing. Any party in opposition may submit proposed alternative orders to the Court.
202.20 The Court shall not be required to act on any Motion, Petition or other request for relief
unless filed in conformity with these General Rules.
202.30 All proposed orders submitted pursuant to these General Rules shall meet the following
requirements:
a. Contain a complete distribution list of all attorneys and pro se litigants with full
addresses, including email addresses.
b. Stamped envelopes appropriately addressed for each attorney of record and/or pro se
litigant on the distribution list.
LR29-TR00-203. BRIEFS & MEMORANDUMS
203.10 Authorities relied upon which are not cited in the Northeastern Reporter system shall be
attached to counsel’s brief. If the authority is cited for the first time in oral argument, a copy of
the authority may be provided to the Court at the time of the argument. Sufficient copies shall be
available to provide counsel for each party with a copy.
LR29-TR79-204. SPECIAL JUDGES
204.10 After a special judge is selected, the attorneys or pro se litigants shall add to the caption
of all pleadings to the right of the case title the following:
“BEFORE SPECIAL JUDGE _____________________________.”
204.20 After a special judge has qualified, a copy of each pleading and Chronological Case
Summary entries filed with the Court shall be mailed or delivered to the office of that Special
judge by the counsel or pro se litigant with service indicated on the certificate of service.
LR29-TR00-205. TRIAL SETTINGS
205.10 All requests to schedule trials and hearings shall be in writing and shall contain the
following information:
a. Type of trial or hearing (i.e. jury trial, court trial, final hearing in dissolution, etc.).
b. A good-faith estimate of the total court time needed for the trial or hearing.
205.20 Each request under LR29-TR00-205.10 shall be accompanied by a proposed written
order with appropriate blanks for date and time and shall further include reference to those items
set forth in LR29-TR00-205.10(a) and (b).
205.30 Every opposing attorney or pro se litigant who receives such an order and disputes the
estimate of court time needed for the trial or hearing shall notify the Court in writing within ten
(10) days of the receipt of the original order and give their own good-faith estimate of the total
court time needed.
LR29-TR53-206. CONTINUANCES
206.10 Motions for continuance shall be in writing and include the following information:
a. The date and time opposing counsel was advised that a continuance will be requested.
b. Whether opposing counsel agrees with or objects to the request.
c. The date and time of the hearing or trial for which a continuance is being sought.
d. The approximate amount of time needed to elapse before the matter can be heard.
e. A good-faith estimate of the time needed for such hearing or trial when rescheduled.
206.20 Unless good cause is shown, no motions for continuance will be considered unless filed
at least five (5) days before a court trial or hearing, and at least ten (10) days before a Jury Trial.
206.30 All motions for continuance shall be accompanied by a proposed order in conformity
with LR29-TR77-202 and LR29-TR00-205 containing a space for the Court to set a new date for
the hearing or trial.
206.40 When an attorney enters an appearance, it is the attorney’s responsibility to review the
file and become aware of all previously scheduled hearing dates.
206.50 A signature by an attorney on the request for continuance is certification by that attorney
that the client has been notified of the request, agrees to the continuance and to the reason for
which the continuance is sought.
LR29-TR16-207. PRE-TRIAL CONFERENCES
207.10 An attorney who has the authority to stipulate the pre-trial matters shall attend the pretrial conference.
207.20 The Court may order the parties to provide written pre-trial entries pursuant to Trial Rule
16 at the pre-trial conference.
207.30 The Court may impose sanctions pursuant to Trial Rule 16(K) and Trial Rule 37 for
failure to provide written pre-trial entries.
LR29-TR22-208. TRIALS
208.10 Jury trials shall begin promptly at 9:00 a.m. unless otherwise directed by the Court. The
attorneys and litigants shall report at 8:30 a.m. on the first day of trial or at a time as the Court
shall direct.
208.20 The Court reserves the right to require advance settlement conferences.
208.30 Court trials shall begin promptly at the time assigned. The attorneys and the litigants are
encouraged to arrive substantially in advance of the scheduled time for the purpose of entering
into any last-minute stipulations or agreements.
208.40 Trials shall adjourn or conclude between 4:00 p.m. and 4:30 p.m. or as the Court shall
direct.
LR9-TR79-209. COORDINATED LOCAL RULE OF THE COURTS OF HAMILTON
COUNTY, ENACTED IN COMPLIANCE WITH T.R. 79(H)
209.10 Pursuant to Trial Rule 79(H) of the Indiana Rules of Trial Procedure, the Circuit and
Superior Courts of Hamilton County, in conjunction with the other Judges of Administrative
District 12, i.e. Boone County, Clinton County, and Tipton County, Indiana, have adopted the
following rule to establish procedures for the selection of special judges in civil cases. Said rule,
as approved by the Supreme Court of Indiana, is as follows:
209.20 Within seven (7) days of the notation in the Chronological Case Summary of an order
granting a change of judge or an order of disqualification, the parties, pursuant to Trial Rule
79(D), may agree to any judge eligible under Trial Rule 79(J).
209.30 If a special judge is required to be selected under Trial Rule 79(H) then the special judge
shall be selected as follows:
209.30.10 If the case was originally filed in a court of record in Hamilton County, then the judge
will be selected randomly from among the regular judges of Hamilton County, subject to existing
local rules regarding case allocation and transfer.
209.30.20 If the case was originally filed in a court of record in Boone, Clinton, or Tipton
County then the judge will be selected on a rotating basis from among the regular judges of those
counties, subject to all local rules in each individual county regarding case allocation and
transfer.
209.30.30 If for any reason a judge cannot be selected by the above methods then the special
judge shall be selected on a rotating basis from among all of the regular judges of the District not
already disqualified.
209.40 A special judge selected under 209.30 must accept jurisdiction unless disqualified
pursuant to The Code of Judicial Conduct or excused from service by the Indiana Supreme
Court. The Administrator of Courts for Hamilton County shall maintain a list of the judges
eligible for selection under 209.30.20 and a list of the judges eligible for selection under
209.30.30 and shall be contacted by the selecting court each time a judge must be selected from
one of those lists. The Administrator of Courts shall provide the name of the next judge on the
appropriate list upon a request from the selecting court and then strike the name of the judge
selected from that list. The judge selected in this manner shall not be eligible to be selected again
from the same list until all the other judges have been selected from that list except as required to
avoid certification to the Indiana Supreme Court.
209.50 In the event that no judicial officer within Administrative District 12 is eligible to serve
as a special judge or the particular circumstance of the case warrants selection of a special judge
by the Indiana Supreme Court, the judge of the court in which the case is pending shall certify
the matter to the Indiana Supreme Court for appointment of a special judge.
LR29-TR76-210. TRANSFER OF SMALL CLAIMS, INFRACTION, AND ORDINANCE
VIOLATION CASES IN THE EVENT OF DISQUALIFICATION
210.10 For the orderly administration of the small claims, infraction, and ordinance violation
dockets of Superior Court No. 4, Superior Court No. 6, and Superior Court No. 7, this Rule shall
govern in the event that a judge of a small claims, infraction, or ordinance violation case orders a
change of judge pursuant to Indiana Trial Rule 76(B) or disqualifies himself or herself pursuant
to Indiana Trial Rule 79(C).
210.20 In the event that the judge of a small claims, infraction, or ordinance violation case in
either Superior Court No. 4, Superior Court No. 6, or Superior Court No. 7 orders a change of
judge pursuant to Indiana Trial Rule 76(B) or disqualified himself or herself pursuant to Indiana
Trial Rule 79(C), a special judge shall be selected by the Clerk by random selection of one of the
remaining two (2) courts.
LR29-TR00-211. Reserved.
LR29-TR56-212. SUMMARY JUDGMENT REQUIREMENTS
212.10 MOTIONS FOR SUMMARY JUDGMENT
a. Separate Documents. When motions and/or subsequent responses permitted by Trial Rule
56 (“TR 56”) are filed, the following documents shall be filed separately:
1. Memorandum in Support; and
2. Designation of Evidence
If no evidence is designated, separate Designation(s) of Evidence are not required.
b. Timing. Time limits shall be in accordance with TR 56. Unless a Case Management
Order or other court order provides differently, any motion filed pursuant to TR 56 must
be filed at least ninety (90) days prior to any scheduled trial date. A Reply, which may be
filed without request or permission, if filed, shall be filed not later than fourteen (14) days
after service of the Response.
c. Memorandum Length Limits. Absent leave of the court, the Memorandum in Support of
the Response Memorandum shall not exceed the greater of thirty (30) pages or 14,000
words. The Reply Memorandum shall not exceed the grater of ten (10) pages or 4,700
words. A Memorandum exceeding the page limit requirement of the rule must contain a
Word Count Certificate certifying the number of words contained in the Memorandum,
exclusive of the case caption, the signature block at the end of the Memorandum, the
Certificate of Service, and the Word Count Certificate. The Word Count Certificate shall
appear at the end of the Memorandum before the Certificate of Service. The filing party
certifying a word count may rely on the word count feature of the word processing
system or software used to prepare the Memorandum.
d. Memorandum Form and Pagination.
1. Summary Argument Section. The Memorandum in Support of a Motion for
Summary Judgment, and the Response to the Motion for Summary Judgment,
shall contain a Summary of Argument section located at the beginning of the
Memorandum.
2. Separate and Consecutive Pagination. All pages of each document listed above
shall be separately and consecutively paginated. The page numbers may be
affixed to a page by type, stamp, or handwriting. Page numbers must appear at the
bottom of the page.
3. Pinpoint references. Any reference to the Designation of Evidence must
specifically identify the referenced exhibit and, where possible, the page number,
numbered paragraph, or line number. Entire exhibits of more than a single page
should never be referenced without more specific identification.
e. Designation of Evidence.
1. Volumes. A Designation of Evidence shall consist of a Table of Contents (see
213.10, e. (3). below) and one or more additional volumes, and each volume shall
be limited in size to the lesser of two hundred fifty (250) pages or 25 megabytes
(25MB). The front page shall be included in the two hundred fifty (250) page
limit of this rule. Conventionally filed volumes shall be bound with a single staple
or binder clip and shall not be bound in book or pamphlet form.
2. Numbering. Each volume of the Designation of Evidence shall be independently
and consecutively numbered at the bottom of the page (see 213.10, d. (2). above)
without obscuring the page numbers existing on original documents. Each volume
shall begin with a numeral one on the first page. Therefore, if more than one
volume is filed, each volume should begin with page one.
3. Table of Contents. A Designation of Evidence shall contain a single Table of
Contents for the entire designation, which shall be submitted at the beginning of
Volume I. If more than one volume is required, pursuant to 213.10, e. (1) above,
then Volume I will consist of the Table of Contents only and the designated
evidence will begin in Volume II. The Table of Contents must clearly designate
each Exhibit relied upon in the Motion or Response and contain the beginning and
ending page number for each Exhibit
4. Exhibits. Each Exhibit shall be marked on its first page with an Exhibit Letter and
short Title. No document or individual page may be designated as evidence that
does not contain an Exhibit Letter and a short Title. In each Designation of
Evidence, Exhibits shall begin with the letter “A” and proceed through the
alphabet. The Exhibit Title shall identify the specific document by is content, such
as “Affidavit of Mary Rose;” “Credit Card Statements 2007-2019;” or
“Deposition of John Henry.” The Exhibit Letter and Title shall match the Exhibit
Letter and Title as stated in the Table of Contents. If a document is authenticated
or referred by an Exhibit, it shall be marked as a subpart to that Exhibit and shall
be specifically and accurately referenced in the authenticating or referencing
document. As with each Exhibit, each subpart to an Exhibit shall be identified in
the Table of Contents. If any document contains an Exhibit letter or number from
an earlier filing, the earlier letter or number shall be removed to avoid confusion.
However, when necessary to authenticate an earlier document, the earlier letter or
number shall remain on that document, and the Exhibit shall also contain and be
identified in the Table of Contents by the new Exhibit Letter. Citations must be to
Exhibit Letter and page number referred in the Table of Contents (Example: PI.’s
Desig. Of Evid. Vol.II, Ex.B at p.15).
5. Designated Evidence that was Earlier Filed/Issued in the Case. Documents that
are designated as evidence that have already been filed or issued in the case, such
as the Complaint, Answer, Orders, etc., shall be listed and included in the
Designation of Evidence and assigned an Exhibit Letter and short Title as
required above.
f. Supplemental Designation of Evidence. The moving party’s evidence supporting its
Motion for Summary Judgment shall be submitted in its Designation of Evidence filed
with its Motion and Supporting Memorandum. In extraordinary circumstances, and only
with leave of the court, the moving party may submit evidence with a Reply
Memorandum through a Supplemental Designation of Evidence only:
1. When the moving party acquired the evidence for the first time after filing its
Motion for Summary Judgment; or
2. To respond to evidence submitted in the non-moving party’s Designation of
Evidence. A Supplemental Designation of Evidence shall conform to the
requirements set forth above (see 213.10, e.)
213.20 REPLY MEMORANDUM. A moving party’s Reply Memorandum may not raise any
new issue not raised in the moving party’s principal Motion and Supporting Memorandum.
However, this prohibition shall not prevent the moving party from responding to arguments
made in the non-moving party’s Response Memorandum.
213.30 MOTIONS TO STRIKE. At the time a Response to Motion for Summary Judgment is
filed, the non-moving party’s Motion to Strike, if any, shall also be filed. At the time a Reply
Memorandum is filed, the moving party’s Motion to Strike, if any, shall also be filed. A Motion
to Strike shall be paginated as set forth above (see 213.10, d.) and shall not exceed the greater of
six (6) pages or 2,800 words. Any Opposition to a Motion to Strike shall not exceed the greater
of six (6) pages or 2,800 words and shall be filed not later than seven (7) days after the Motion to
Strike is filed. Motions to Strike and Oppositions to Motions to Strike exceeding the page limits
shall contain a Word Count Certificate as described above (see 213.10, c.).
213.40 SUR-REPLY. Sur-Replies are disfavored and will only be permitted with leave of the
court in extraordinary circumstances. A Request to file a Sur-Reply shall be filed no later than
five (5) days after service of a Reply. Unless such a Request is ruled upon within five (5) days, it
shall be deemed denied and entry of service of notice of such denial shall not be required. A Sur-Reply may not be filed or submitted with, nor attached to, the Request. If the Request is granted,
the party shall file a Sur-Reply no later than ten (10) days after the Request was granted. A Sur-Reply shall not exceed the greater of five (5) pages or 2,350 words. In all other respects, a Sur-Reply shall be filed in accordance with this rule.
213.50 VIOLATIONS OF THIS RULE. Violations of this rule may result in the court issuing an
appropriate order concerning such violation. Sanctions for such violations may include, but are
not limited to, the striking of the offending documents in whole or in part.
In the Circuit and Superior Courts of Hamilton County
Local Criminal Rules
LR29-CR00-301. CRIMINAL RANDOM FILING
301.10 This Random Filing Rule does not apply to either civil cases or juvenile cases.
301.20 All CM case types (except those assigned to Superior Court No. 3 pursuant to Section
301.30 below) shall be randomly filed with 1/3 in Superior Court No. 4, 1/3 in Superior Court
No. 6, and 1/3 in Superior Court No. 7 using the Clerk’s random assignment procedure. All F6
or FD case types (except those assigned to Superior Court No. 3 pursuant to Section 301.30
below) shall be randomly filed with 1/3 in Superior Court No 4, 1/3 in Superior Court No. 6, and
1/3 in Superior Court No. 7 using the Clerk’s random assignment procedure. Reassignment of
these cases shall be achieved by transferring cases originating in Superior Court No. 4 to either
Superior Court No. 6 or Superior Court No. 7; transferring cases originating in Superior Court
No. 6 to either Superior Court No. 4 or Superior Court No. 7; and transferring cases originating
in Superior Court No. 7 to either Superior Court No. 4 or Superior Court No. 6. In the event a
subsequent reassignment is required (and neither Superior Court No. 4, nor Superior Court No. 6,
nor Superior Court No. 7 is available) said case assignment shall be achieved by obtaining a new
court assignment from all Hamilton County Courts using the Clerk’s random assignment
procedure.
301.30 CM, F6, or FD case types with domestic battery offenses, strangulation offenses, and
invasion of privacy offenses shall be filed in Superior Court No. 3.
301.40 MR, F1, F2, F3, F4, F5, FA, FB, and FC case types shall be randomly filed per case type
with 20% of each case type filed in Circuit Court, Superior Court No. 1, Superior Court No. 2,
Superior Court No. 3, and Superior Court No. 5. Reassignment of these cases shall be achieved
by obtaining a new court assignment using the Clerk’s random assignment procedure of the
Courts designated to accept this type of case.
301.50 The Clerk shall use a court approved procedure which provides a tamper proof method
for random assignment consistent with the foregoing paragraphs of this Criminal Rule.
301.60 From time to time, the Courts may provide orders to assist the Clerk in implementing the
Criminal Random Filing procedures.
301.70 Pursuant to Indiana Criminal Rule 2.2(C), if a case is dismissed after filing, upon refiling
it shall be assigned to the same court where it was originally assigned.
301.80 The Clerk shall file subsequent cases against a defendant with a pending case (where a
“pending case” is defined under this rule as a criminal case in which there is either no disposition
of the charge(s) via a determination of guilt or dismissal or the defendant has not yet been
discharged from the sentence imposed, including probation) as follows:
a. When a defendant has a pending case in Circuit Court, Superior Court No. 1, Superior
Court No. 2, Superior Court No. 3, or Superior Court No.5, the Clerk shall file any
subsequent criminal case types (MR, F1, F2, F3, F4, F5, F6, FA, FB, FC, FD, or CM) in
the same court as that of the pending case. However, this subparagraph does not apply to
F6, FD, or CM case types with one (1) or more OWI offenses (IC 9-30-5) charged.
b. When a defendant has a pending case in Superior 4, Superior Court No. 6, or Superior
Court No. 7, the Clerk shall file any subsequent F6 or CM case types (except those
assigned to Superior Court No. 3 or 6 pursuant to Section 301.30) in the same court as
that of the pending case.
c. When a defendant’s only pending cases are in Superior Court No. 4, Superior Court No.
6, or Superior Court No. 7, the Clerk shall file any subsequent case types listed under
Sections 301.30 or 301.40 as set forth in Sections 301.30 and 301.40.
d. When the State elects to name two or more individuals or entities as defendants pursuant
to LR 29-CR00-303, Section 303.10 and more than one (1) such co-defendant has a
pending case, then the Clerk shall file the causes under the procedure set forth in Section
303.10 [but notwithstanding Section 303.10(b)(1)] into the Court with the oldest pending
case for which the defendant has personally appeared. The “oldest” case shall be
determined by the earliest filing date.
e. It shall be the duty of the Prosecuting Attorney or Deputy Prosecuting Attorney to file
written notice with the Clerk that a defendant has a pending case that requires the Clerk
to follow the filing requirements of this rule.
f. If a conflict arises between Sections 301.30 and 301.80, Sections 301.30 controls.
g. A Court, at the request of both parties, may transfer a case to another Court where the
defendant has a pending case, as defined by this rule, provided that the receiving Court
agrees to accept the transfer.
301.90 Notwithstanding the above, the Prosecutor of Hamilton County has the discretion to file
the following CM cases in a city court:
a. IC 7.1-5-1;
b. IC 7.1-5-7 (except for 7.1-5-7-8);
c. IC 9-21-8;
d. IC 9-24-18;
e. IC 9-24-19;
f. IC 9-26-1;
g. IC 9-30-16;
h. IC 35-48-4-8.3; and
i. IC 35-48-4-11,
only if the misdemeanor allegedly occurred within the limits of the city and the case is not
considered a subsequent case under Section 301.80.
301.100 Notwithstanding the above, the Prosecutor of Hamilton County has the discretion to file
the following CM cases in a city court: IC 14 et seq.; if the misdemeanor allegedly occurred
within the limits of the county and the case is not considered a subsequent case under Section
301.80.
301.110 A defendant in a city court criminal case may, not later than ten (10) days before the
first scheduled trial date, move to transfer the case to a court of record or demand a jury trial.
The judge of the city court shall then transfer the case to the Clerk of Hamilton County Courts
who shall assign the case pursuant to the Criminal Random Filing Rule. If the judge of a city
court recuses or grants a motion for change of judge, the judge shall transfer the case to the Clerk
of Hamilton County Courts who shall assign the case pursuant to the Criminal Random Filing
Rule.
LR29-CR00-302 CLERK PROCEDURES TO ACCOMPLISH CRIMINAL RANDOM
FILING
302.10 The Judges of the Hamilton Circuit Court and Hamilton Superior Courts approve the
following procedures to be used in the Hamilton County Clerk’s Office to accomplish the
Hamilton County Criminal Random Filing Order.
a. Begin with a set number of cases which is evenly divisible by the applicable number of
Hamilton County Courts.
b. Divide the set number of cases by the percentages for each type of case per Court
resulting in the number of each type of case for each Court which shall equal the
percentages.
c. These cases are then pulled and/or selected for individual case number assignment one by
one on an impartial random selection basis.
LR29-CR12-303 FILING CO-DEFENDANTS UNDER HAMILTON COUNTY
CRIMINAL RANDOM FILING RULE
303.10 It is hereby resolved that the following rule applicable to the filing of misdemeanor and
felony cases shall be employed in the implementation of the Hamilton County Criminal Random
Filing Rule.
a. When the Prosecutor of Hamilton County, individually or through deputy prosecutors,
elects to file a felony or misdemeanor case in which two or more individuals or entities
are named as Defendants, at the time of the filing of said charges, said Prosecutor or
Deputy Prosecutor shall file notice with the Clerk of Hamilton County that said case is to
be treated under this rule.
b. Upon receiving notice for treatment of a case under this rule, the Clerk shall take the
following action:
1. First, the Clerk shall randomly select a Court designated to receive the type of
case being filed under the Random filing rule approved by the Judges of the
Hamilton Circuit and Superior Courts.
2. Second, the first named defendant in the multiple defendant information shall be
assigned the next available cause number in the randomly selected Circuit or
Superior Court.
3. Third, the remaining Defendants shall each be assigned the next available cause
number in the randomly selected Circuit or Superior Court in the order of their
appearance on the charging information.
4. Fourth, the Clerk shall treat each cause number assigned under this rule as a
separate and distinct case, and shall remove from his/her random selection pool
the number of cases assigned hereunder in order to maintain the percentage
allocations set forth in the Random Filing Rule.
c. Each Defendant’s case filed under this rule shall be treated as a separate and distinct case,
and Co-defendant’s cases will not be consolidated for trial unless said consolidation is
approved by separate order of the assigned Judge.
d. The Clerk shall follow this rule only when the State files the co-defendant cases
simultaneously.
e. The rule shall remain in full force and effect unless otherwise modified, amended, or
repealed by separate written instructions adopted by the Judges of the Hamilton Circuit
and Superior Courts.
LR29-CR00-304. FILING FELONY CASES ARISING FROM JUVENILE WAIVER
HEARINGS UNDER HAMILTON COUNTY RANDOM FILING RULE
304.10 The Clerk is ordered to treat new criminal filings which arise from the waiver of a
juvenile matter to criminal court as a new criminal matter under the random filing rule and to
assign said cause to the Court identified under said rule regardless of which court may have
previously exercised juvenile jurisdiction prior to waiver, unless otherwise directed by the
waiving court.
LR29-CR00-305. HAMILTON COUNTY PRETRIAL SERVICES; RELEASE ON BOND
OR PERSONAL RECOGNIZANCE
305.10 RELEASE SCHEDULES: When any person is booked into the Hamilton County Jail on
a warrantless arrest, the Sheriff shall either release or detain the person in accordance with the
schedules found in Appendices A and A(1) pertaining to pretrial release and bond.
305.20 SEPARATE BONDS: The Circuit and Superior Courts of Hamilton County will only
accept appearance bonds written for a single cause number and will not accept lump sum
appearance bonds that apply to more than one cause number.
305.30 CONDITIONS OF RELEASE: All releases on bond or on personal recognizance are
subject to the following basic conditions:
a. Defendant shall appear in court at all times required by the Court;
b. Defendant shall not leave the State of Indiana without the prior written consent of the
Court;
c. Defendant shall not commit nor be arrested for another criminal offense;
d. Defendant shall keep Pretrial Services, his or her attorney and the Court advised in
writing of any change of address, email address, and telephone number within 24 hours
of such change; and
e. Any other condition set forth in Appendices A and/or A(1) or as ordered by the court.
Pursuant to IC 35-33-8-3.2(a)(4), a defendant’s release may also be conditioned upon
refraining from direct or indirect contact with the alleged victim of an offense or other
individual as ordered by the Court. Violation of any condition of release may result in
the Court revoking the defendant’s release and issuing a re-arrest warrant.
305.40 PROPERTY BONDS: The Circuit and Superior Courts of Hamilton County will grant a
defendant’s release on a property bond only after notice is sent to the Prosecuting Attorney and a
hearing is set to determine whether such a bond is proper.
305.50 ALTERATION OF BOND: At a defendant’s initial hearing, the judicial officer
conducting the hearing may not alter the bond if the bond has already been set by a judicial
officer.
If the Sheriff has initially set the bond according to the Bond Schedule or is holding the
defendant without bond pursuant to the Pretrial Services’ rules, the judicial officer conducting
the initial hearing:
a. may set, increase, or decrease the money bond, if warranted by the circumstances, unless
prohibited in subsection “c” below;
b. may release the defendant on his or her own recognizance to Pretrial Services, if
warranted by the circumstances, unless prohibited by subsection “c” below;
c. if one of the charges filed is Offense Level “D” (as defined in paragraph 14 of Appendix
B) and multiple charges are filed, may increase the bond, but may not set or decrease the
bond lower than the bond for the highest-class charge, if a decrease is warranted by the
circumstances; or
d. may release the defendant on his or her own recognizance for medical reasons if
recommended by the Sheriff and if notice has been given to the prosecuting attorney.
In all other cases, a Court shall set a hearing on a request for bond review and the Court shall
give notice of the hearing to the prosecuting attorney, defendant’s counsel, and such persons
required to be notified by law.
305.60 Hamilton County Pretrial Services. Hamilton County Pretrial Services (“Pretrial
Services”) shall operate under the authority of the Circuit and Superior Courts of Hamilton
County with day-to-day operations supervised by its Director who shall report to the Judges of
those Courts. Pretrial Services shall include those persons acting under the Director’s authority
or direction. The purpose of Pretrial Services shall be to assess the risk posed by the release of
individuals booked into the Hamilton County jail on a criminal charge, and to supervise those
who are released under the authority of Pretrial Services. The Hamilton County Courts grant
Pretrial Services the authority to perform the following duties:
a. Conduct Assessments: Each individual booked into the Hamilton County Jail on a
criminal charge, unless ordered or exempted by the court, shall be assessed as to his/her risk for
failure to appear, risk of re-offending, and risk of potential harm to the community or to self if
released from custody pending a resolution of a pending charge or charges. The safety of the
community shall be paramount, but given this priority, Pretrial Services shall attempt to
maximize release without money bond where appropriate. Pretrial Services shall utilize at least
one screening tool approved by the Indiana Supreme Court for this purpose and such other
instruments as may be approved and required by the Judges of the Circuit and Superior Courts of
Hamilton County.
b. Supervise Participants: Each individual approved for release from custody shall be
under the supervision of Pretrial Services as a participant. The Program shall utilize means of
supervision approved by the judges of the Circuit and Superior Courts that are consistent with
the assessed risk level of the participant, and shall have the authority to increase or decrease
supervision requirements during the pendency of the participant’s case, as appropriate.
(Amended Effective August 30, 2024).
LR29-CR00-306. WAIVER OF INITIAL HEARING AND NOTICE OF INTENT TO
FILE A PETITION FOR SPECIALIZED DRIVING PRIVILEGES
306.10 A defendant may waive an initial hearing only if the defendant is represented by an
attorney and the defendant and attorney comply with this rule.
306.20 If the charges have been filed with the Clerk, the attorney for the defendant must do the
following prior to the scheduled initial hearing:
a. Sign a Request for Waiver of Initial Hearing on the [Form CR00-306] approved by the
Courts and available at the Magistrate’s office; and
b. File a written Appearance, a CCS entry [Form TR77-202], and the Request for Waiver of
Initial Hearing at the Clerk’s Office. The CCS entry should show the Request for Waiver
of Initial Hearing either granted or denied and provide spaces for the Court to fill in the
appropriate omnibus date, and dates for any pre-trial and trial settings that the Court
would otherwise have set at the initial hearing.
306.30 If the charges have not been filed with the Clerk at the time the attorney wishes to waive
the initial hearing, the attorney may do the following:
a. Complete the paperwork required in LR29-CR00-306.20; and
b. Deliver a courtesy copy to the Magistrate’s Office along with a copy of the summons for
the defendant’s scheduled initial hearing date.
306.40 If the Defendant is charged with a misdemeanor charge involving operating a vehicle
with an alcohol concentration equivalent to at least eight-hundredths (0.08) gram of alcohol or
higher and the Defendant wishes to both waive the initial hearing and request the Court enter the
ten (10) day stay of license suspension authorized by I.C. 9-30-16-1(g), the attorney for the
Defendant must do the following prior to the scheduled initial hearing:
a. Sign a Request for Waiver of Initial Hearing on the [Form CR00-306] approved by the
Courts and available at the Magistrate’s office; and
b. Sign a Notice of Intent to File a Petition for Specialized Driving Privileges and
Request for Stay of License Suspension [Form CR00-STAY] approved by the Courts and
available at the Magistrate’s office;
c. File a written Appearance, a CCS entry [Form TR77-202], and the Request for Waiver
of Initial Hearing at the Clerk’s office. The CCS entry should show the Request for Waiver of
Initial Hering either granted or denied and provide spaces for the Court to fill in the appropriate
omnibus date, and dates for any pre-trial and trial settings that the Court would otherwise have
set at the initial hearing.
306.50 If an attorney attempts to waive the initial hearing prior to the filing of charges as
provided in LR29-CR00-306.30, it is the attorney’s responsibility to check with the Magistrate
on the scheduled initial hearing date to make sure that the required paperwork was placed with
the defendant’s file. The Magistrate and Courts will not be responsible if a Court issues a warrant
for a defendant’s failure to appear for an initial hearing after an attorney has attempted to waive
the initial hearing prior to the filing of the charge.
LR29-CR00-307. AUTOMATIC DISCOVERY
307.10 General Provisions:
a. Within thirty (30) days from the date of the initial hearing, the entry of an appearance by
an attorney for a defendant or an appearance by a pro se defendant, or from the formal
filing of charges, whichever occurs later, the State shall disclose all relevant items and
information under this rule to the defendant, subject to Constitutional limitations and
such other limitation as the Court may specifically provide by separate order, and the
defendant shall disclose all relevant items and information under this rule to the State
within thirty (30) days after the State’s disclosure. Both parties shall furnish items
disclosed and required to be furnished under this Rule within a reasonable time thereafter.
b. No written motion is required, except:
1. To compel compliance under this rule;
2. For additional discovery not covered under this rule;
3. For a protective order seeking exemption from the provisions of this rule; or,
4. For an extension of time to comply with this rule.
c. Although each side has a right to full discovery under the terms of this rule, each side has
a corresponding duty to seek out the discovery. Failure to do so may result in the waiver
of the right to full discovery under this rule.
307.20 STATE DISCLOSURES:
a. The State shall disclose the following materials and information within its possession or
control:
1. The names and last known address of person whom the State intends to call as
witnesses along with copies of their relevant written and recorded statements;
2. Any written, oral, or recorded statements made by the accused or by a co-defendant, and a list of witnesses to the making and acknowledgment of such
statements;
3. If applicable, the State shall disclose the existence of grand jury testimony of any
person whom the prosecuting attorney my call as a witness at any trial or hearing
in the case. In addition, the State shall provide a copy of those portions of any
transcript of grand jury minutes within the State’s possession, which contain the
testimony of such witness or witnesses. If such transcripts do not exist, the
defendant may apply to the Court for an order requiring their preparation;
4. Any reports or statements of experts, made in connection with the particular case,
including results of physical or mental examinations and of scientific tests,
experiments, or comparisons;
5. Any books, papers, documents, photographs, or tangible objects that the
prosecuting attorney intends to use in the hearing or trial or which were obtained
from or belong to the accused;
6. Any record of prior criminal convictions that may be used for impeachment of the
person whom the Sate intends to call as witnesses at any hearing or trial; and
7. Any criminal history information or documents regarding the defendant and
sourced from criminal justice information (CJI) systems, the Bureau of Motor
Vehicles, or other governmental agency.
b. The State shall disclose to the defendant(s) any material or information within its
possession or control that tends to negate the guilt of the accused as to the offenses
charged or would tend to reduce the punishment of such offenses.
c. The State may perform these disclosure obligations in any manner mutually agreeable to
the State and the defendant. Compliance may include a notification to the defendant or
defense counsel that material and information being disclosed may be inspected,
obtained, tested, copied, or photographed at a specified reasonable time and place.
d. The State may refrain from providing a witness’ address or other contact information
under this rule if the State in good faith believes that the disclosure of the witness’
address or other contact information my jeopardize the safety of the witness or the
witness’ immediate family. If the State does not disclose the witness’ address or other
contact information in it possession for the reason stated under this rule then this State
shall make the witness available to the defense counsel upon reasonable notice. Disputes
among the parties concerning this lack of disclosure shall be resolved in accordance with
Ind. Trial Rule 26(F).
307.30 DEFENDANT DISCLOSURES:
a. Defendant’s counsel (or defendant where defendant is preceding pro se) shall furnish the
State with the following material and information within his or her possession or control:
1. The names and last known addresses of persons whom the defendant intends to
call as witnesses along with copies of their relevant written and recorded
statements;
2. Any books, papers, documents, photographs, or tangible objects defendant intends
to use as evidence at any trial or hearing;
3. Any medical, scientific, or expert witness evaluations, statements, reports, or
testimony which may be used at any trial or hearing;
4. Any statutory defense which the defendant intends to make at any hearing or trial;
and
5. Any record of prior criminal convictions known to the defendant or defense
counsel that may be used for impeachment of the persons whom the defense
intends to call at any hearing or trial.
307.40 ADDITIONS, LIMITATIONS, AND PROTECTIVE ORDERS:
a. Discretionary Disclosures: Upon written request and a showing of materiality, the Court,
in its discretion, may require additional disclosure not otherwise covered by this rule.
b. Denial of Disclosure: The Court may deny disclosure required by this rule upon a
finding that there is substantial risk to any person of physical harm, intimidation, bribery,
economic reprisals, or unnecessary annoyance or embarrassment resulting from such
disclosure to defendant or counsel.
c. Matters not subject to Disclosure:
1. Work Product: Disclosure hereunder shall not be required of legal research or
records, correspondence, reports, or memoranda to the extent that they contain the
opinions, theories, or conclusions of the State or members of its legal or
investigative staff, or of defense counsel or counsel’s legal or investigative staff;
and
2. Informants: Disclosure of an informant’s identify shall not be required where
there is a paramount interest of non-disclosure and where a failure to disclose will
not infringe upon the Constitutional rights of the accused. Disclosure shall not be
denied hereunder of the identity of witnesses to be produced at trial or hearing.
3. Protective Orders: Either the State or defense may apply for a protective order for
non-disclosure of discovery required hereunder or any additional requested
discovery.
307.50 DUTY TO SUPPLEMENT RESPONSES: The State and the defendant are under a
continuing duty to supplement the discovery disclosures required hereunder as required upon the
acquisition of additional information or materials otherwise required to be disclosed hereunder.
Supplementation of disclosures shall be made within a reasonable time after the obligation to
supplement arises.
307.60 SANCTIONS UPON FAILURE TO COMPLY: Failure of a party to comply with either
the disclosure requirements or the time limits required by this rule my result in the imposition of
sanctions against the noncompliant party. These sanctions may include, by are not limited to, the
exclusion of evidence at a trial or hearing.
LR29-CR00-308. LATE PAYMENT FEE
308.10 Fines, court costs, and civil penalties assessed for infractions, violations of municipal
ordinances, felonies, misdemeanors or juvenile delinquency and juvenile status offenses are to be
paid before 4:30 p.m. on the date they are assessed unless otherwise ordered. An order extending
this deadline will be presumed to require payment on or before 4:30 p.m. of the extension
deadline date or on the last business day of the extension period if a specific date is not set. If
said fine, cost, or penalty is not paid in conformity with this rule or the court order extending the
deadline, the Clerk may collect a late fee under IC 33-37-5-22, subject to the Court’s authority to
suspend said late fee for good cause.
308.20 Notwithstanding the above, a late fee shall not be assessed for any late payment of fine
and costs imposed in the night court sessions of Superior Courts 4, 5, and 6 until the Traffic
Violations Bureau of those courts has forwarded notice to the Bureau of Motor Vehicles of
failure to pay.
LR29-CR00-309. COLLECTION OF PROBATION USER FEES
309.10 The Circuit and Superior Courts of Hamilton County direct the Hamilton County Clerk of
Courts to be the designee for the Hamilton County Department of Probation Services to collect
probation users’ fees for probation services provided by the Hamilton County Department of
Probation Services and to remit said fees to the proper authorities. This rule shall remain in effect
until the Clerk of Hamilton County shall decline to serve as designee or until a majority of said
judges determine that such designation should be withdrawn.
LR29-CR300-310. DRUG COURT
310.10 The Hamilton County Drug Court is established to provide specialized services
including: clinical assessment, education, referral for treatment, and service coordination and
case management for eligible defendants and probationers as determined by is written policies
and procedures.
310.20 The day-to-day operation and management of the Drug Court shall be assigned to
Hamilton Superior Court No. 5.
310.30 All criminal charges shall be filed as otherwise provided in these rules. However, after a
charge has been filed, if a defendant is accepted by the Drug Court, a judge may transfer the
defendant’s case to Drug Court for services in accordance with Drug Court policies and
procedures.
310.40 If a probationer is referred to and is accepted by Drug Court, a judge may transfer the
case to Drug Court and require a probationer to participate in Drug Court in accordance with
Drug Court policies and procedures as a condition of probation.
(Amended Effective October 18, 2023)
LR29-CR-00-311. VETERANS COURT
311.10 The Hamilton County Veterans Court is established to provide specialized services
including: clinical assessment, education, referral for treatment, and service coordination and
case management for eligible defendants and probationers as determined by its written policies
and procedures.
311.20 The day-to-day operation and management of the Veterans Court shall be assigned to
Hamilton County Superior Court No. 7.
311.30 All criminal charges shall be filled as otherwise provided in these rules. However, after a
charge has been filed, if a defendant is accepted by the Veterans Court, a judge may assign the
defendant’s case to Veterans Court for services in accordance with Veterans Court policies and
procedures.
311.40 If a probationer is referred to and is accepted by Veterans Court, a judge may assign the
case to Veterans Court and require a probationer to participate in Veterans Court in accordance
with Veterans Court policies and procedures as a condition of probation.
LR29-CR13-312. COORDINATED LOCAL RULES OF THE COURTS OF HAMILTON
COUNTY
312.10 Pursuant to Criminal Rule 2.2(D) and 13(C) of the Indiana Rules of Criminal Procedure,
the Circuit and Superior Courts of Hamilton County, in conjunction with the other Judges of
Administrative District 12, i.e. Boone County, Clinton County, and Tipton County, and the
contiguous county of Madison, Indiana, have adopted the following rule to establish procedures
for the selection of special judges in criminal cases.
312.20 Upon the granting of a change of judge or the disqualification or recusal of a judge, a
successor judge shall be assigned in the same manner as the initial judge. Where this process
does not result in the selection of a successor judge, selection shall be made from an alternative
assignment list of full-time judicial officers from contiguous counties and counties within the
administrative district of the court as set forth above. Except for those serving pursuant to
Criminal Rule 12(G)(4), judges previously assigned to the case are ineligible for reassignment. A
person appointed to serve as special judge under this subsection must accept jurisdiction in the
case unless the appointed special judge is disqualified pursuant to the Code of Judicial Conduct,
ineligible for service under this Rule, or excused from service by the Indiana Supreme Court.
312.30 The Administrator of Courts for Hamilton County shall maintain a list of the judges
eligible for selection under 312.20 and shall be contacted by the selecting court each time a judge
must be selected from the list. The Administrator of Courts shall provide the name of the next
judge on the list upon a request from the selecting court and then strike the name of the judge
selected from that list. The judge selected in this manner shall not be eligible to be selected again
from the same list until all the other judges have been selected from that list except as required to
avoid certification to the Indian Supreme Court.
312.40 A trial court may request the Indiana Supreme Court to appoint a special judge in the
following circumstances:
a. No judge under the local rule is available for appointment; or
b. The particular circumstance warrants selection of a special judge by the Indiana Supreme
Court.
312.50 A judge assigned under the provision of this rule shall accept jurisdiction unless
disqualified under the Code of Judicial Conduct or excused from service by the Indiana Supreme
Court. The reassignment of a case or assignment of a special judge shall be entered in the
Chronological Case Summary of the case. An oath or special order accepting jurisdiction is not
required.
312.60 In the event the case has been reassigned or a special judge assumes jurisdiction and
thereafter ceases to act for any reason, further reassignment or the selection of a successor
special judge shall be in the same manner as set forth in subsection 312.20 above.
(Amended Effective January 23, 2024).
In the Circuit and Superior Courts of Hamilton County
Local Family Law Rules
LR29-FL-00-401. PREAMBLE
401.10 These rules shall apply in all dissolution of marriage cases, post-dissolution matters,
paternity actions and post-paternity cases.
LR29-FL-00-402. FINANCIAL DECLARATIONS, DISSIPATIONS OF ASSETS,
SUPPORT WORKSHEETS, PARENTING TIME, DISPOSITION OF PROPERTY,
PARENTING WORKSHOP, AND REMOVAL OF CHILDREN FROM THE STATE
402.10 Parties shall complete, in full, the Indiana Child Support Obligation Worksheets (Form
FL00-402A) and Financial Declarations (Form FL00-402B) on the forms adopted by the
Hamilton County Circuit and Superior Courts in all matters involving child support or
disposition of assets. Financial Declarations shall be exchanged by the parties within thirty (30)
days of a new case or modification petition being filed, unless by agreement of the parties or
leave of the Court. All parties shall submit Declarations to the court as an exhibit immediately
prior to any contested hearing involving child support, the disposition of assets, or maintenance.
402.20 In any Domestic Relations case filed in Hamilton County, the parties shall not, without
hearing or security:
a. Transfer, encumber, conceal, sell, or otherwise dispose of any joint property of the parties
or asset of the marriage except in the usual course of business or for the necessities of
life, without the written consent of the parties or the permission of the Court. Any party
acting “in the usual course of business” or “for the necessities of life” shall provide the
other party with an accounting of same at the time of or, if possible, in advance of such
action. Joint property of the parties or asset of the marriage includes property in the
separate name of either party or in the names of a party and another person(s) owned or
owed on the date of filing the Petition, including but not limited to:
i. Property or property interest of any kind, including real, personal,
digital/electronic, and intellectual property;
ii. Records and electronically stored information, hard drives or other electronic
storage devices, computers, and cloud storage accounts;
iii. All financial, investment, educational, and retirement accounts; and
iv. Life and health insurance policies
b. Remove any child of the parties then residing in the State of Indiana from the State with
the intent to deprive the Court of jurisdiction over such child without the prior written
consent of all parties or the permission of the Court.
c. The parties shall maintain unchanged all insurance policies (including beneficiary
designations) in place as of the date that the family law action was commenced, including
but not limited to life, health, auto, personal property, liability, and homeowners/renters
insurance, absent written consent of the parties or the permission of the Court.
d. Neither party shall incur any debt in the name of the other party or in the joint names of
the parties, absent written consent of the parties or the permission of the Court.
e. Neither party shall terminate/cancel/modify any utilities at the marital residence from
those in place as of the date that the family law action was commenced absent written
consent of the parties or the permission of the Court.
f. Neither party shall conceal, alter, or destroy any family, health, property financial or
business records, or any records of income, debts, or other obligations, including
electronic records, which existed as of the date that the family law action was
commenced.
402.30 The Indiana Parenting Time Guidelines provide useful outlines of the minimum time
each parent should have with the children to maintain frequent, meaningful, and continuing
contact with them. The Indiana Parenting Time Guidelines can be found at
www.in.gov/judiciary/rules/parenting/index.html
402.40 The Circuit and Superior Courts of Hamilton County find that a Co-Parenting Education
Workshop will aid parents in post-separation parenting; aid development of healthy child/parent
relationships in a post-separation setting; be in the best interest of the minor child/children; and
encourage agreements between the parties concerning child related matters. View list of
acceptable course providers.
a. Both of the parties in any cause of action for Dissolution of Marriage, in which there is a
child under eighteen (18) years of age, shall complete a co-parenting education program
either online or in person. Said program shall be at least four (4) hours in duration. View
list of acceptable course providers.
b. The four-hour course shall be completed by both parties within sixty (60) days of the
filing of the initialing pleading and prior to the Final Hearing. Failure to complete the
workshop can result in a party being ordered to appear and show cause why he/she
should not be held in contempt of court and punished.
LR29-FL00-403. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION AND
COLLABORATIVE LAW
403.10 Mediation is a preferred way to resolve family law issues.
a. Parties shall attend mediation before any of the following contested court hearings unless
excused by the Court:
i. Final hearings; and
ii. Post-decree hearings about custody or parenting time
b. Parties may either select a mediator by agreement or ask the Court to appoint a panel of
mediators.
c. This rule does not require mediation of contempt motions that allege the failure to pay
child support or interference with Court ordered parenting time.
d. A party may request to be excused from mediation in cases involving domestic violence
or for other good reason.
403.20 If the parties are both represented by attorneys trained in Collaborative Law, and have
signed retainer agreements with those attorneys to participate in a Collaborative Law family law
matter, they may file a Joint Petition for Dissolution, and may file a stipulation asking, among
other things that the case not be set for conference or hearing. If either party violates the
agreement to proceed in the Collaborative Law process, the court may allow withdrawal of
representation of both attorneys, if so requested.
LR29-FL00-404. TITLE IV-D COMMISSIONER/COURT. These local rules are adopted by
the Hamilton County Circuit and Superior Courts to govern the practice and procedures in the
Title IV-D Commissioner/Court, funded by the used of IV-D Incentive Funds.
404.10 ORGANIZATION OF TITLE IV-D CHILD SUPPORT COMMISSIONER/COURT.
Pursuant to IC 31-25-4-15, the Judges of the Circuit and Superior Courts hereby establish a Title
IV-D Commissioner/Court to establish and enforce paternity and child support orders under
federal and state law.
404.10.1 ASSIGNMENT OF COMMISSIONER TO IV-D COURT. The Judges of Circuit and
Superior Courts shall jointly appoint a commissioner to the IV-D Court. A commissioner so
appointed shall be designated as a IV-D Commissioner.
404.10.2 RESPONSIBILITIES OF IV-D COMMISSIONER. A IV-D Commissioner jointly
appointed by the judges and assigned to the IV-D Court pursuant to 403.10.1 has the authority to
preside over, make findings of fact and recommendations for the approval of the Judges of the
Circuit and Superior Courts in actions arising under Title IV-D of the Social Security Act. In
addition, the IV-D Commissioner has the authority to provide such assistance as may be required
in making these findings of fact and recommendations.
404.10.3 TEMPORARY ABSENCE OF IV-D COMMISSIONER. During the temporary
absence of the duly appointed IV-D Commissioner, any sitting judicial officer of the Hamilton
Circuit and Superior Courts may hear and make recommendations upon Title IV-D matters.
404.10.4 SUPERVISION OF THE IV-D COMMISSIONER/COURT. The Title IV-D
Commissioner/Court shall be operated under the auspices and supervision of the Judges of the
Hamilton County Circuit and Superior Courts.
In the Circuit and Superior Courts of Hamilton County
Local Jury Rules
LR29-JR04-501 - SUMMONING JURORS
501.10 A two-tiered notice for summoning jurors will be used. The jury qualification form and
notice will be the first tier and summoning the prospective juror at least one week before service
will be the second tier.
In the Circuit and Superior Courts of Hamilton County
Local Trial De Novo Rules
LR29-DN00-601. RULES FOR TRIAL DE NOVO
601.10 This rule is adopted to implement the Supreme Court Rules of procedure regarding trial
de novo requests from city and town courts. The application of this rule shall be coextensive with
those rules.
LR29-DN01-602. RULES FOR TRIAL DE NOVO FOLLOWING CIVIL JUDGMENTS
602.10 Indiana Trial De Novo Rule 1 for following civil judgments in city and town courts is
incorporated by reference.
602.20 BOND OR OTHER UNDERTAKING:
a. The party filing the request for trial de novo shall file with the Clerk of the Court a
surety bond or cash deposit in accordance with Indiana Rule 1(C)(1). The bond or
cash deposit required by Indiana Rule 1(C)(l) shall be in the amount of the judgment
entered in the city or town court, plus an amount equaling eight percent (8%) of the
total judgment as an allowance for interest. In any case where attorney fees have been
awarded as part of the total judgment, the amount of bond shall be increased by 25
percent (25%) of the total judgment as an allowance for additional attorney fees. This
bond, however, shall not exceed the jurisdictional limit of the city or town court from
which the appeal is taken.
b. If unable to afford a surety bond or cash deposit, the party filing the request may
instead file an affidavit of indigence and personal undertaking in accordance with
Indiana Rule 1(C)(2) on a form prescribed by the Court (Form DN01/02-602/03).
602.30 FILING AND COURT ASSIGNMENT:
a. The Clerk shall not accept for filing or file a request for trial de novo unless it meets
the requirement of Indiana Rule 1(B)(4). Further, the Clerk shall not accept or file a
request for trial de novo supported by an affidavit of indigence and personal
undertaking unless the affidavit and personal undertaking are on the form provided by
the Courts. If a request for trial de novo supported by an affidavit of indigence and
personal undertaking is accepted for filing, it may be ordered stricken from the record
if the Court in which it is filed determines that the party filing the request is able to
afford to post a surety bond or cash deposit and the party fails to post the surety bond
or cash deposit required within the time set by the Court.
b. The Clerk shall docket the request for trial de novo and the copies of the complaint
and any responsive pleadings as a small claims action on the small claims docket of
either Superior Court No. 4, Superior Court No. 6, or Superior Court No. 7, unless the
request for trial de novo demands that the trial be by jury, in which case the
assignment may be to a Circuit or any Superior Court in the county.
LR29-DN02-603. RULES FOR TRIAL DE NOVO FOLLOWING JUDGMENTS FOR
INFRACTIONS OR ORDINANCE VIOLATIONS
603.10 Indiana Trial De Novo Rule 2 for infraction or ordinance violation judgments in city or
town courts is incorporated by reference.
603.20 BOND OR OTHER UNDERTAKING:
a. The party filing request for trial de novo shall file with the Clerk of the Court a surety
or cash deposit in accordance with Indiana Rule 2(D)(1).
b. The bond required by Indiana Rule 2(D)(1) shall secure the State or municipality's
claims, interest, and court costs, undertaking both the litigation of the trial de novo to
a final judgment and payment of any judgment entered against a party filing the
request by the trial de novo court.
c. The bond shall be in an amount as follows:
"C" infraction and traffic ordinance violations $500.00;
"B" infraction $1,000.00;
"A" infraction and non-traffic ordinance violations $1,500.00; plus, the statutory
costs in the trial de novo court.
d. If unable to afford a surety bond or cash deposit, the party filing the request may
instead file an affidavit of indigence and personal undertaking in accordance with
Indiana Rule 2(D)(2) on the form prescribed by the Court (Form DN01/02-602/03).
603.30 FILING AND COURT ASSIGNMENT:
a. The Clerk shall not accept for filing nor file any request for trial de novo unless it
meets the requirement of Indiana Rule 2(B). Further, the Clerk shall not accept or file
a request for trial de novo supported by an affidavit of indigence and personal
undertaking unless the affidavit and personal undertaking are on the form provided by
the Courts. If a request for trial de novo supported by an affidavit of indigence and
personal undertaking is accepted for filing, it may be ordered struck from the record if
the Court in which it is filed determines that the party filing the request is able to
afford to post a surety bond or cash deposit and the party fails to post the surety bond
or cash deposit required within the time set by the Court.
b. The Clerk shall docket and assign the request for trial de novo to the traffic division
of either Superior Court No. 4, Superior Court No. 6, or Superior Court No. 7 as an
infraction or ordinance violation proceeding.
603.40 NOTICE TO PROSECUTOR OR MUNICIPAL COUNSEL OF TRIAL DE NOVO:
a. Promptly after the request for trial de novo is filed and assigned to the appropriate
court, the Clerk shall send notice of the request to the prosecuting attorney or the
municipal counsel.
b. Upon receiving the notice of request, the Prosecutor or the municipal counsel is
ordered to file, within fifteen (15) days, a duplicate infraction or ordinance complaint
and summons alleging the infraction or ordinance violation as originally filed with the
city or town court, together with any amended complaint alleging additional or
amended counts also filed with the city or town court.
c. In the discretion of the prosecuting attorney or municipal counsel, and in lieu of filing
such duplicate infraction or ordinance complaint and summons, the prosecuting
attorney or the municipal counsel shall file with the Court a notice that no proceeding
will be filed, together with a proposed order of dismissal including that the Clerk
shall refund to the defendant the entire amount of any payment received from the city
or town court. The order of dismissal shall also include a release of the surety bond,
cash deposit, or personal undertaking.
LR29-DN03-604. RULES FOR TRIAL DE NOVO FOLLOWING MISDEMEANOR
TRIAL IN CITY OR TOWN COURT
604.10 Indiana Trial De Novo Rule 3 for misdemeanor cases is incorporated by reference.
604.20 DEMAND: The written request for trial de novo must comply with Supreme Court Rule
3(B), but, in addition, must also contain the offense(s) of which the defendant was convicted in
the city or town court to enable the Clerk to assign the request for trial de novo to the appropriate
court pursuant to the Hamilton County Criminal Random Filing Rule.
604.30 FILING AND COURT ASSIGNMENT:
a. The Clerk of the Courts shall docket and assign the request for trial de novo as a
misdemeanor in the appropriate Superior Court in accordance with the Hamilton
County Criminal Random Filing Rule (LR29-CR00-301) if the request is sufficient to
make such an assignment. If the request contains insufficient information to make
such assignment, it may be accepted for filing conditioned upon the defendant
providing, within ten (10) days, the information necessary to complete the
assignment. If the defendant fails to provide this information within the time
specified, then the request for trial de novo shall be stricken as unassignable.
b. The Court to which the request is assigned has full jurisdiction of the case and of the
person of the defendant from the time the request for trial de novo is filed and
assigned by the Clerk.
604.40 BAIL OR INCARCERATION:
a. Stay of City or Town Court Judgment and Appearance Bond. At the time the request
for trial de novo is filed, the defendant may also file with the Clerk a surety bond or
cash deposit conditioned on appearance for trial and sentencing as required by
applicable statutes on bail in criminal prosecution and in accordance with the trial de
novo bail schedule in Appendix D. Filing of the bond or undertaking stays the
judgment of the city or town court, and during the period of the stay the defendant
shall not be subject to incarceration or probation orders of the city or town court. Any
defendant who is incarcerated pursuant to the judgment of the city or town court shall
be released upon the posting of this bond or cash deposit. If the defendant does not
file the surety bond or cash deposit, the judgment of the city or town court shall not
be stayed, and the defendant will remain incarcerated or subject to probation orders of
the city or town court until the stay imposed under subsection (F)(1) of Indiana Rule
3 takes effect. Even if the defendant is not seeking a stay, the posting of such a bond
will serve as an appearance bond for the defendant. If such surety bond or cash
deposit is posted, then a summons shall be issued to the defendant in accordance with
IC 35-33-4-1, in lieu of any warrant that the State may request pursuant to IC 35-33-
2-1.
b. The city or town court may transfer any cash bond previously posted in the city or
town court to the Clerk of the Court to be applied against the trial de novo bond. In
addition, the trial de novo court may accept any surety bond previously posted in the
city or town court to be applied against the trial de novo bond, but only if the trial de
novo court receives written consent from the surety bondsman.
604.50 NOTICE TO THE PROSECUTING ATTORNEY:
a. Promptly after the request for trial de novo is filed and assigned to the appropriate
court, the Clerk shall send notice of the request to the prosecuting attorney.
b. Upon receiving the notice of the request, the Prosecutor is ordered to file within
fifteen (15) days a duplicate charging instrument charging the offense or offenses as
originally filed with the city or town court together with any additional charging
instrument charging additional or amended counts also filed with the city or town
court.
c. In the prosecuting attorney's discretion, and in lieu of filing such charging instrument,
the State shall file with the Court a notice that no proceeding will be filed, together
with a proposed Order of Dismissal, including that the Clerk shall refund to the
defendant the entire amount of any payment received from the city or town court.
d. Upon the filing of the charging instrument, the Court to which the request for trial de
novo has been assigned, shall proceed in accordance with IC 35-33-2-1, to issue a
warrant for the arrest of the defendant, or in accordance with IC 35-33-4-1, to issue a
summons for the defendant to appear. If the defendant has posted a surety bond or
cash deposit in accordance with paragraphs 604.40(a) or (b) above, then the Court
shall issue a summons in lieu of a warrant.
604.60 NOTICE TO CITY OR TOWN COURT:
a. Upon the filing of a request for trial de novo, the Clerk shall promptly send notice of
the filing of the request to the city or town court from which the trial de novo was
taken.
b. The Clerk shall hold any fine or payment received from the city or town court
pending the outcome of the trial de novo and shall apply the payment to any judgment
for fine or costs imposed by the de novo court following the trial de novo, or to any
order for probation users' fees or recoupment of trial expenses otherwise authorized
by law and ordered by the de novo court. If any amount of the original fine payment
remains after application to judgments or orders imposed by the trial de novo court,
the Clerk shall refund the balance to the defendant.
604.70 PROCEDURE WHEN PLEA OF GUILTY WAS ENTERED IN CITY OR TOWN
COURT: If the defendant entered a plea of guilty in the city or town court, the procedure to be
followed shall be in accordance with Indiana Trial De Novo Rule 3(G).
604.80 PROCEDURE WHEN PLEA OF NOT GUILTY IS ENTERED IN CITY OR TOWN
COURT: If the defendant entered a plea of not guilty in the city or town court, the procedure to
be followed shall be in accordance with Indiana Trial De Novo Rule 3(H).
In the Circuit and Superior Courts of Hamilton County
Local Probate Rules
LR29-PR00-701. NOTICE
701.10 Whenever notice by publication and/or written by U.S. Mail is required to be given, the
attorney shall prepare such notice and shall ensure that such notice is properly published and/or
served by certified mail, return receipt requested. In all respects, the notice shall comply with all
statutory requirements. It shall be the attorney’s responsibility to ascertain and provide adequate
proof thereof regarding whether notice was properly served prior to bringing a matter to the
Court.
701.20 Copies of petitions or motions shall be sent with all notices where the hearing involved
arises from the matters contained in the petition or motion.
701.30 Whenever any estate or guardianship account (including a final account in a supervised
estate) is set for hearing, copies of the account must be served with the notice of hearing.
701.40 Notice of the opening of an estate shall be sent by First Class United States Mail to all
reasonably ascertainable creditors; however, the use of certified mail, return receipt requested, to
serve such notice is recommended.
701.50 Notice of the hearing to be held on a Petition to determine an estate insolvent shall be
served on all interested parties, including the local representative of the Inheritance Tax Division
of the Indiana Department of Revenue.
LR29-PR00-702. FILING OF PLEADINGS
702.10 All parties are required to prepare orders for all proceedings except when expressly
directed otherwise by the Court.
702.20 Every inventory and accounting filed in an estate or guardianship will be signed and
verified by the fiduciary and signed by the attorney for the fiduciary.
702.30 All pleadings filed shall contain the parties’ name, address and telephone number and/or
the parties’ attorney’s name, address, telephone number and registration number.
702.40 The initial petition to open and estate or guardianship shall contain the name, address,
social security number (in compliance with Indiana Rules on Access to Court Records Rule 5)
and telephone number of the personal representative or guardian, if a person.
702.50 The Instructions to the Personal Representative or Guardian, executed by the fiduciary,
must be filed with the Court at the time letters are ordered issued in the proceeding (Forms
PR00-1, PR00-2, PR00-3, PR00-4)
702.60 The affidavit of compliance with the notice provisions directed to creditors in an estate
proceeding shall be timely filed with the Clerk of the Court.
702.70 ASSIGNMENT OF MH PROBATE CASE NUMBERS
a. The Clerk shall assign cause numbers for new filings of all MH case types to Hamilton
Superior Court No. 1 and Hamilton Superior Court No. 3.
b. The Clerk shall equally assign such new filing to Superior Court No. 1 and Superior
Court No.3 or by any other method as the judges of said courts shall agree.
702.80 ASSIGNMENTS OF EM/ES/EU, GU and TR PROBATE CASE NUMBERS: The Clerk
shall assign cause numbers for new filings of the EM/ES/EU, GU and TR case types to Hamilton
Superior Court No. 1, Hamilton Superior Court No. 2, and/or Hamilton Superior Court No. 3 on
an even random basis.
LR29-PR00-703. ATTENDANCE OF PROPOSED FIDICUARIES
703.10 All proposed personal representatives and guardians who are residents of Indiana shall
appear before Court to qualify.
703.20 Nonresident personal representatives and guardians shall either appear or submit an
affidavit describing their education, employment, and lack of felony convictions.
703.30 Such personal representative or guardian is under a continuing order of the Court to
personally advise the Court and the attorney or record in writing as to any change of any required
information such as name, address, social security number, or telephone number.
LR29-PR00-704. REPRESENTATION OF FIDICUARIES BY COUNSEL
704.10 No personal representative or guardian of an estate may proceed without counsel, without
court approval.
LR29-PR00-705. BOND
705.10 In every estate and guardianship, the fiduciary, prior to the issuance of letters, shall file a
corporate surety bond in an amount not less than the value of the personal property to be
administered, plus, the probable value of annual rents and profits of all property of the estate or
in such amount as shall be set by the Court, except as hereafter provided:
a. Where, under the terms of the Will, the testator expresses an intention that the bond be
waived, the Court shall set a bond adequate to protect creditors, tax authorities, and
devises.
b. Where the fiduciary is an heir or legatee of the estate, the bond may be reduced by said
fiduciary’s share of the estate, or the value of real estate, or other assets that cannot be
transferred or accessed without court approval or order. The Court shall have the right to
review the amount of bond if the Court should grant access to such property or asset.
c. Where the heirs or legatees have filed a written request that the fiduciary serve without
bond, the Court may set bond in an amount adequate to protect the rights of the creditors
and tax authorities only.
d. In an unsupervised estate, bond may be set at the discretion of the Court.
e. No bond shall be required in any supervised estate or guardianship in which corporate
banking fiduciary qualified by law to serve as such is either the fiduciary or one of the
several co-fiduciaries.
705.20 In lieu of a bond as required by LR29-PR00-705.10, the Court, upon the fiduciary’s
request, may restrict transfer of all or part of the estate or guardianship liquid assets by placing
those assets in a federally-insured financial institution or in a court approved investment with the
following restriction placed on the face of the account or in the investment document:
"NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN
ORDER OF ________________________ COURT OF _______________________,
INDIANA."
The fiduciary shall thereafter file with the Court within ten (10) days of the order authorizing the
creation of the account or investment, a certification by an officer of the institution at which the
account or investment has been created, affirming that the account or investment is restricted as
required by the Court order and is in compliance with this rule (Form PR00-5).
705.30 All petitions to open an estate or guardianship 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 or guardianship.
705.40 The name and address of the insurance agency providing the corporate surety shall be
typed or printed on all corporate bonds in any estate or guardianship.
LR29-PR00-706. INVENTORY
706.10 An inventory shall be filed by the fiduciary in estates and guardianships as follows:
Supervised estates, within sixty (60) days; guardianships, within ninety (90) days for permanent
guardians and within thirty (30) days for temporary guardians. All times relate to the date of
appointment of the fiduciary.
706.20 In the event a partial inventory is filed, all subsequent inventories must contain a
recapitulation of prior inventories.
706.30 In the event that the personal representative should request that an inventory be sealed,
the Court may, in its sole discretion, seal such inventory. If an inventory is sealed, it shall be
maintained in the court reporter’s evidence file in the Court in which such estate is filed.
LR29-PR00-707. REAL ESTATE
707.10 In all supervised estates and guardianships in which real estate is to be sold, a written
professional appraisal shall be filed with the Court at the time of filing the Petition for Sale,
unless such appraisal was filed with the inventory. Such written appraisal shall include as a
minimum the following elements:
a. A brief description of the property interest being appraised, including the full and legal
description thereof.
b. Purpose or objective of the appraisal.
c. Date for which fair market value is determined.
d. Date and reasoning supporting the fair market value.
e. Fair market value determined.
f. Statement of assumptions and special or limiting conditions.
g. Certification of disinterest in real estate.
h. Signature of the appraiser.
707.20 All such appraisals required by LR29-PR00-707.10 shall be made within one year of the
date of the Petition for Sale.
707.30 All deeds submitted to the Court for approval in either estate or guardianship proceedings
shall be signed by the fiduciary and the signature notarized prior to its submission. All such
deeds shall be submitted with the Report of Sale of Real Estate or at the time of the hearing on
the Final Account. Copies of such deeds shall be submitted with the Report of Sale of Real
Estate or at the time of the hearing on the Final Account. Copies of such deeds shall be filed with
the Court for its records.
707.40 Whenever a Final Decree reflects that real estate has vested in heirs or beneficiaries, the
Decree shall be recorded with the County Recorder of the County where any such real estate is
located and evidence of said recording shall be provided to the Court with the Supplemental
Report.
707.50 No Personal Representative’s Deed shall be approved in unsupervised estates.
LR29-PR00-708. SALE OF ASSETS
708.10 In all supervised estates and guardianships, no Petition to Sell Personal Property shall be
granted unless a written appraisal prepared by a person competent to appraise such property and
setting forth the fair market value thereof, is filed with the Court at the time of the filing of the
Petition to Sell, unless such appraisal was filed with the inventory. This rule shall not apply to
personal property which is sold at public auction.
708.20 All appraisals required by LR29-PR00-707.10 shall be made within one year of the date
of the Petition to Sell.
708.30 No written appraisal shall be required for the sale of assets which are traded in a market
and the value of which is readily ascertainable. Such assets include, but are not limited to, stocks,
bonds, mutual funds, commodities, and precious metals.
LR29-PR00-709. CLAIMS
709.10 Three (3) months and fifteen (15) days after the date of the first published notice to
creditors, the fiduciary, or the fiduciary’s attorney, shall examine the claims filed in the estate
and shall allow or disallow each claim filed against the estate.
LR29-PR00-710. ACCOUNTING
710.10 Whenever an estate cannot be closed within one (1) year, the personal representative
shall:
a. File an intermediate account with the Court within thirty days (30) after the expiration of
one (1) year and each succeeding year thereafter. The accounting shall comply with the
provisions of IC 29-1-16-4 and 29-1-16-6 and:
1. Shall State facts showing why the estate cannot be closed and an estimated date of
closing.
2. Shall propose partial distribution of the estate to the extent that the partial
distribution can be made without prejudice to the distributees and claimants; or
b. File a statement with the Court stating the reasons why the estate has not been closed. In
addition, the Court reserves the power to require the personal representative to comply
with the account provisions of sub-part (a) above.
710.20 All guardianship accountings shall contain a certification of an officer of a financial
institution in which guardianship assets are held, verifying the account balance (Form PR00-5).
710.30 All social security or Medicare benefits received on behalf of an incapacitated person
shall be included and accounted for in the guardianship accounting unless court approval has
been previously granted to allow said funds to be paid directly to a residential or health care
facility, or because of the amount of such funds, the Court finds that such funds can only be used
by the guardian or designated person for the befit of use of such incapacitated person.
710.40 In all supervised estate and guardianship accountings, vouchers or canceled checks for
the expenditures claimed shall be filed with the accounting. No affidavits in lieu of vouchers or
canceled checks will be accepted from individual fiduciaries, unless prior written approval is
granted by the Court (the Court may set forth any and all additional conditions and/or extra
ordinary circumstances needed for such approval). An affidavit in lieu of vouchers or canceled
checks may be accepted from a state or federally chartered financial institution who serves as a
fiduciary, provided the financial institution retains the vouchers or canceled checks on file or by
electronic recording device and makes same available to interested parties upon court order. The
Court may require such institution to provide a certification from its Internal Audit Department
verifying the accuracy of the accounting.
710.50 In all supervised estate and guardianship accountings, a notation shall be placed by each
expenditure indicating the reason for or nature of the expenditure unless the payee name
indicates the nature of the expenditure.
EXAMPLE: Bogota Drugs- Toiletries for incapacitated person
Dr. John Jones
Sam Smith- Repair roof of home at 162 Maple Street, Any Town, Indiana
Tender Care Nursing Home
710.55 All accountings to the Court shall contain an itemized statement of the assets on hand.
710.60 Receipts or canceled checks for all final distributions shall be filed either in the final
report, or supplemental report, before discharge will be granted by the Court.
710.65 All accountings shall follow the prescribed statutory format. Informal, handwritten, or
transactional accountings will not be accepted, except as permitted by LR29-PR00-714.
710.70 All court costs shall be paid, and all claims satisfied and released before the hearing on
the Final Account shall be approved.
710.75 The Federal Estate Tax Closing letter and the Indiana Inheritance Tax Closing letter (or
the countersigned receipt) or a photocopy thereof, showing payment of all Federal Estate and/or
Indiana Inheritance Tax Liability in the estate, executed by the Internal Revenue Service or the
Indiana Department of State Revenue, shall be attached to the Final Accounting at the time of
filing, unless the Court has given prior written approval to attach such letter to the Final Report,
after filing but prior to the hearing on the Final Accounting.
710.80 When an individual has been appointed to handle the financial affairs of a protected
person, an accounting shall be filed within thirty (30) days after the first anniversary of the date
the guardianship letters were issued. Thereafter, unless contrary order is issued but the Court, all
accountings shall be filed biennially.
LR29-PR00-711. FEES OF ATTORNEYS AND FIDUCIARY
711.10 No fees for fiduciaries or attorneys shall be paid out of any supervised estate or
guardianship without prior written order of the Court.
711.20 All orders for fees in estates shall provide that said fees are to be paid only after approval
of the Final Accounting except the Court may in its sole discretion, if all paperwork has been
properly filed, award partial attorney or fiduciary fees when the Indiana Inheritance Schedule is
filed or the Federal Estate Tax Return is filed.
711.30 A guardian or guardian’s attorney may petition for fees at the time of filing an inventory.
Other than as provided hereafter, no further petition for fees may be filed until a biennial, annual,
or final accounting has been filed. When unusual items of substantial work occur during the
proceedings, the Court may consider a petition to allow fees for such service.
711.40 No attorney or fiduciary fees will be determined and authorized for payment by the Court
in any unsupervised administration of a decedent’s estate.
711.50 Where contracts for legal services have been entered into prior or subsequent to the
opening of an estate or guardianship, the Court reserves the right to approve or disapprove the
fee contracts consistent with the court’s fee guidelines.
711.60 All petitions for fees for the attorney and/or fiduciary shall conform to the guidelines for
fees enumerated in 711.70 below and shall specifically set forth all services performed in detail
as well as the amount of the fee requested and how it has been calculated.
711.70 Pursuant to relevant statue, if a testator does not provide for compensation of the personal
representative and/or the attorney performing services for the estate, the Court may award “just
and reasonable” fees. In determining a “just and reasonable” amount of fees, the Court may
consider several factors, including: the labor performed, the nature of the estate, difficulties in
recovering assets or locating devises, and the peculiar qualifications of the administrator and/or
attorney. Additionally, for attorneys, the Court may consider the guidelines for determining legal
fees as set forth in Rule 1.5 of the Indiana Rules of Professional Conduct. In all fee
determinations, the key factor considered by the Court will be that the fees are reasonably
commensurate to the time and work involved.
711.80 Unjustified delays in carrying out duties by the fiduciary and/or attorney will result in a
reduction of fees.
711.90 Attorney fees for representing a minor in settlement of a claim for personal injuries are
subject to court approval. If the entire attorney fee is to be paid at the same time a structured
settlement is approved, the amount of the fee must be based on the present value of the
settlement.
LR29-PR00-712. UNSUPERVISED ADMINISTRATION
712.10 No petition for administration without court supervision shall be granted unless the
consent requirement of IC 29-1-7.5-2(a) is fulfilled.
712.20 All court costs shall be paid, and all claims satisfied and released on or before the date of
the filing of the Closing Statement and a Clerk's Certification thereof (see attached form) shall be
filed with the Court at the time such Closing Statement is filed with the Court.
712.30 Every Closing Statement shall comply with LR29-PR00-710.10.
712.40 The Court will not enter an order approving the Closing Statement since such estate is
closed by operation of law.
LR29-PR00-713. MISCELLANEOUS
713.10 If the Court determines that no Inheritance Tax Schedule is required to be filed, a copy of
the Court's order shall be served on the local representative of the Inheritance Tax Division of the
Indiana Department of Revenue.
713.20 The Court may adapt procedures by standing order to effectuate the implementation of
these rules, and may deviate from these rules when justice requires, but only upon showing of
severe prejudice or hardship.
LR29-PR00-714. GUARDIANSHIPS
714.10 In all guardianship matters seeking to declare an adult incapacitated for any reason, the
incapacitated person shall be present at the hearing or sufficient evidence shall be presented
showing that the incapacitated person is unable to appear. The Court may at any time appoint a
guardian ad litem to investigate and protect the best interest of the incapacitated person (Forms
PR00-8, PR00-9).
714.20 In all guardianship matters seeking to declare an adult incapacitated for any reason, a
Physician's Report by the doctor treating the alleged incapacitated person or such additional
evidence as the Court shall require, shall be presented to the Court at the time the petition is filed
or on the hearing date. No determination will be made without a supporting medical report or
testimony (Form PR00-10).
714.30 Pursuant to IC 29-3-3-4(a) 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 the property.
714.40 In every petition for the appointment of a guardian of the person of a minor child, the
following information shall be given:
a. The child's present address.
b. The places where the child has lived within the past two years and the names and present
addresses of persons with whom the child has lived during that period.
c. General information concerning school, health, etc.
d. Whether, to petitioner's knowledge, any other litigation is pending concerning the
custody of the child in this or any other state.
e. 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.
714.50 Current reports filed by a guardian of the person shall state the present residence of the
incapacitated person and his or her general welfare. If the incapacitated person is an adult, a
report of a treating physician shall be filed with the current report, verifying that the incapacity
of the person remains unchanged since the date the guardianship was established or the date of
the last current report and that the living arrangements for the incapacitated person are
appropriate (Forms PR00-10, PR00-11, PR00-12).
714.60 Nothing herein shall be deemed as amending, superseding or altering the Probate Rules
and Regulations promulgated by the Veteran's Administration of the United States of America,
and every fiduciary and attorney shall comply with same, if applicable.
714.70 Other than for routine matters, the guardian shall obtain court approval prior to taking
any action on any financial matter pertaining to carrying out the guardian's duties and
responsibilities for the protected person.
LR29-PR00-715. WAIVER OF NOTICE OF INHERITANCE TAX APPRAISAL
715.10 Waivers of notice of the time and place of the appraisal of each property interest of a
decedent for inheritance tax purposes and of the hearing on the appraisal report shall be filed on
or before the date upon which the inheritance tax return is filed.
715.20 Such waivers of notice shall be signed by each person known to have an interest in the
property interests to be appraised and by any person designated by the Court. A waiver filed by
an entity other than an individual shall state the capacity of the person who has signed for such
entity.
715.30 A waiver signed by an attorney or another person on behalf of a person who is entitled to
notice under IC 6-4.1-5-3 and IC 6-4.1-5-9 shall include a copy of the power of attorney, letters
of guardianship or other authority for the signer to act on behalf of such person. In the event that
the interested person is a minor, the waiver shall include a statement of the relationship of the
signer to the minor.
715.40 In the event that a waiver is not filed for each interested person, the personal
representative shall, at the time of filing the inheritance tax return, provide notice of the time and
place of the appraisal to each interested person who has not filed a waiver. Upon the filing of the
appraiser's report, the personal representative shall provide notice of the time and place of the
hearing on the report to all persons known to be interested in the resident decedent's estate,
including the Department of State Revenue.
LR29-PR00-716. MINORS’ SETTLEMENTS
716.10 This rule shall govern requests for approval of settlements for minors (pursuant to IC 29-
3-9 and/or IC 29-3-4) and guardianships for minors, if such settlements are approved by the
Court.
716.20 A hearing shall be set at the request of counsel in which testimony or evidence is
presented so as to fully and independently satisfy the Court that the requested settlement fully
protects the minor's rights and interests. The Court may at any time appoint a guardian ad litem
to protect the best interest of the minor and investigate such settlement (Forms PR00-8, PR00-
13).
716.30 In all settlement proceedings, whether wrongful death, minor's settlement or
incapacitated person's settlement, the personal representative, one custodial parent or the
guardian must be present at the time the settlement is presented to the Court for approval. The
Court retains the right to require the presence of the minor or incapacitated person at such times.
716.40 If the Court should grant such settlement and a guardianship is needed, then the
appointment of a guardian will be determined as set forth by statute and by these rules.
716.50 Once a guardian is appointed, then such guardian shall post bond pursuant to LR29-
PR00-305.10, unless, in lieu of a bond, a fiduciary places all funds or assets in a restricted
account at a federally-insured financial institution or in a court approved investment, designating
that no principle or interest may be withdrawn without a written order of the Court, and with the
following restriction placed on the face of the account or in the investment document (Forms
PR00-5, PR00-14):
"NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN
ORDER OF _____________________ COURT OF ___________________________,
INDIANA."
a. Prior to issuance of letters, the fiduciary's attorney shall execute an Attorney's
Undertaking for such assets (Form PR00-15).
b. Within ten (10) days of the order authorizing the creation of the account or investment, a
certification by an officer of the institution at which the account or investment has been
created, affirming that the account or investment is restricted as required by Court order
and is in compliance with this rule.
716.60 No surety bond or restricted account is required where a corporate fiduciary serves as a
guardian of the estate.
716.70 The guardian shall be required to file an inventory pursuant to LR29-PR00-705 unless
such guardian has deposited all funds in a restricted account.
716.80 When the guardian files an accounting pursuant to LR29-PR00-710, then such guardian
shall be required to attach a copy of the most recent bank statement showing any and all
transactions on such bank account (Forms PR00-12, PR00-16).
716.90 Attorney fee awards must conform with LR29-PR00-711.
LR29-PR00-717. WRONGFULL DEATH ESTATES
717.10 All proposed wrongful death settlements must be approved by the Court, whether the
estate is supervised, unsupervised, or a special administration for the sole purpose of prosecuting
the wrongful death claim.
717.20 When an estate remains open one (1) year, the personal representative shall file a status
report as to any wrongful death claims. If an action is pending, the report shall show the cause
number and the Court.
717.30 When a judgment has been paid or a petition for approval of settlement is filed in any
estate, a petition shall be filed showing the proposed distribution in accordance with IC 34-1-1-2.
Such petition must set out the proposed distribution to the appropriate statutory damage
distributes, such as:
a. Expenses of administration;
b. Providers of funeral and burial expenses;
c. Providers of medical expenses in connection with last illness of decedent;
d. Surviving spouse;
e. Dependent children; and
f. Dependent next of kin (if there is no surviving spouse or dependent children).
A proposed order shall be presented to the Court, ordering distribution in accordance with IC 34-
1-1-2 and requiring that a final account as to the wrongful death proceeds be filed within thirty
(30) days.
717.40 IC 34-1-1-8 does not provide for the opening of a minor's wrongful death estate.
LR29-PR00-718. ADOPTIONS
718.10 Except for good cause shown, no final hearings in adoption proceedings shall take place
until the adopting couple (or the birth parent and adoptive stepparent) have been married for at
least one (1) year and the child has been in the home of the adoptive parent(s) for at least three
(3) months.
718.20 A consent to adoption must be notarized.
In the Circuit and Superior Courts of Hamilton County
Local Juvenile Rules
LR29-JV00-801. ASSIGNMENT OF JUVENILE CASE NUMBERS
801.10 The Hamilton County Criminal Random Filing Rule (LR29-CR00-303) does not apply to
juvenile cases. It is therefore necessary to establish assignment of Juvenile Delinquency and
Juvenile States Offense causes.
801.20 The Clerk of the Court shall assign cause numbers for new filings of all JS, JD, JM, and
JQ case types to Hamilton County Circuit Court and Hamilton Superior Court No.1.
801.30 The Clerk shall file all cases involving juveniles with last names beginning with the
letters A-K in Hamilton County Superior Court No. 1 and cases involving juveniles with last
names beginning L-Z shall be filed in Hamilton Circuit Court.
801.40 The Clerk of the Court shall file all cases involving juvenile cases now filed in such
court.
801.50 The designation of the Clerk concerning the proper court in which to files a cause shall
take precedence over the designation of any other entity or individual, except upon specific order
entered by the Judge of Hamilton Circuit Court or Hamilton Superior Court No.1.
801.60 When a motion is filed requesting a joinder of juvenile cases because of such cases being
related in subject matter or by individuals, the Court may, after finding probable case, order such
cases joined and the cases may be filed in one court regardless of the first initial of their name for
the sake of judicial economy.
801.70 When a Judge disqualifies or recuses from a juvenile case, the Clerk shall reassign to
another court pursuant to this rule, When the disqualification or recusal is by the Judge of
Hamilton Circuit Court, the Clerk shall reassign such case the Hamilton Superior Court No.1.
Upon disqualification or recusal is by the Judge of the Hamilton Superior Court No.1, the Clerk
shall reassign such case to the Hamilton Circuit Court.
801.80 In the event the above reassignment is not permitted and the subsequent reassignment is
required, said case reassignment shall be achieved by obtaining a new court assignment from the
remaining Hamilton County Courts using a random assignment procedure.
LR29-JV00-802. ACCESS CONFIDENTIAL JUVENILE RECORDS
802.10 The Circuit and Superior Courts of Hamilton County find that in order to facilitate
effective legal representation of juveniles, it is necessary that confidential juvenile records be
made accessible as follows:
a. All persons permitted access pursuant to statute; and
b. Paralegals and employees of the juvenile’s attorney of record may have access to such
juvenile files if they are acting at the direction of and under the control of such attorney
of record. Written documentation may be required by the clerk before such paralegal or
employee may have access to such juvenile files.
LR29-JV00-803. JUVENILE DETENTION, RELEASE, AND SUPERVISION
803.10 JUVENILE DETENTION. Hamilton County’s Juvenile Program (the “Program”) shall
operate under the authority the Circuit and Superior Courts of Hamilton County with day-to-day
operations supervised by the Director of Probation Services who shall report to the judges of
those courts. The Program shall include those persons acting under the Director’s authority or
direction. The purpose of the Program shall be to assess the risk posed by the release of juveniles
brought to the Hamilton County Juvenile Services Center for possible detention on a delinquency
or status offense allegation, and as deemed necessary to supervise those who are released under
the authority of the Program, The Hamilton County Courts grant the Program the authority to
perform the following duties:
a. Conduct Assessments: Each juvenile brought to the Hamilton County Juvenile Services
Center for possible detention on a delinquency or status offense allegation, shall be
assessed as to his/her risk for failure to appear, risk of re-offending, and risk of potential
harm to the community or to self if released from detention. The safety of the community
shall be paramount, but given this priority, the Program shall attempt to maximize release
without unnecessary delay. The Program shall utilize at least one screening tool approved
by the Hamilton County Committee of the Indiana Juvenile Detention Alternative
Initiative for this purpose and such other instruments as may be approved and required by
the judges of the Circuit and Superior Courts of Hamilton County.
b. Release or Alternative Placement: The Program has the authority to have a Juvenile who
is or may be detained in the Juvenile Secure Detention to be released therefrom or
transferred to an approved alternative placement, such as a Shelter Care/Non-Secure
Unit.
c. Supervision Program: Juveniles approved for release from detention shall be under the
supervision of the Program. The program shall utilize means of supervision approved by
the judges of the Circuit and Superior courts that are consistent with the assessed risk
level of the juvenile and shall have the authority to increase or decrease supervision
requirements as appropriate.
803.20 RELEASE: All releases are subject to the following condition: Juvenile shall appear in
court at all times required by the court.
APPENDIX A TO LR29-CR00-305
HAMILTON COUNTY BOND SCHEDULE
SCOPE: This bond schedule applies to all cases to be filed in the Circuit and Superior Courts of
this County and in the City of Carmel, City of Noblesville, and Town of Fishers Courts. THE
SHERIFF OF HAMILTON COUNTY IS HEREBY ORDERED TO FOLLOW THIS
BOND SCHEDULE FOR SETTING BONDS FOR ALL PERSONS ARRESTED
WITHOUT WARRANTS FOR CRIMINAL OFFENSES TO BE FILED IN THE ABOVE
COURTS:
FELONIES:
o MURDER NO BOND
o HABITUAL OFFENDER $50,000
o LEVEL 1 & 2 $50,000
o LEVEL 3 & 4 $25,000
o LEVEL 5 $10,000
o LEVEL 6 $5,000
MISDEMEANORS:
o CLASS A MISDEMEANOR $2,500
o CLASS B MISDEMEANOR $1,000
o CLASS C MISDEMEANOR $500
EXCEPTIONS: The following are exceptions to the above listed schedule:
o Operating While Intoxicated, Second Offense (Level 6 felony) $7,500
o Operating While Intoxicated Resulting in Serious Bodily Injury (Level 6 Felony) $7,500
o Dealing Marijuana Less Than 30 Grams (Class A misdemeanor) $3,500
o False Reporting or Informing (Class A or B misdemeanor) $2,500
o Leaving the Scene of a Property Damage Accident (Class B or C misdemeanor) $2,500
o Leaving the Scene of a Personal Injury Accident (Class A misdemeanor) $5,000
o Operating While Intoxicated (Class C misdemeanor) $2,500
o Operating a Vehicle With at Least .08 (Class C misdemeanor) $2,500
o Operating a Motorboat While Intoxicated (Class C misdemeanor) $2,500
o Operating a Motorboat With at Least .08 (Class C misdemeanor) $2,500
o Refusal to Identify Self (Class C misdemeanor) $1,500
o Possession of Drug Paraphernalia (Class A misdemeanor) $1,000
o Driving While Suspended (Class A misdemeanor) $1,000
o Public Intoxication (Class B misdemeanor) O/R when alcohol free
o Illegal Cons./Poss./Transp. of Alcohol (Class C misdemeanor) O/R when alcohol free
EXCEPTIONS FOR OUT-OF-STATE RESIDENTS: All bond amounts in this bond
schedule, whether surety or cash, shall be doubled for out-of-state residents.
CASH BONDS PERMITTED: A person may post a cash bond instead of a surety bond as
follows:
FELONIES:
o MURDER NO BOND
o LEVELS 1, 2, 3, 4 & 5 Same as Bond Schedule
o LEVEL 6 One-half (1/2) of the Bond Schedule
MISDEMEANORS:
o CLASS A, B, or C One-half (1/2) of the Bond Schedule
All cash bonds shall be posted with the Hamilton County Sheriff or the Hamilton County Clerk
only after the person posting the bond has signed the Cash Bond Agreement. Pursuant to Indiana
Code 35-33-8-3.2 and 35-33-8-4, the Hamilton County Clerk shall retain a portion of each cash
bond posted in criminal cases as an administrative fee. The administrative fee shall not exceed
ten percent (10%) of the monetary value of the cash bond or $50, whichever is less.
LACK OF IDENTIFICATION: Any person who cannot be positively identified at book-in
shall be held without bond until the person is brought before the Court for a hearing to
determine bond. This includes, but is not limited to, those individuals who refuse to cooperate in
their identification by refusing to be fingerprinted, individuals who possess conflicting
identification, and individuals whose identifying information cannot be verified.
24- HOUR HOLD: A person arrested for battery, stalking, invasion of privacy, criminal
confinement, residential entry, or strangulation, shall not be allowed to post bond under this
schedule until 24 hours after book-in.
Pursuant to Indiana Code § 35-33-8-6.5, “the court may not release a person on bail for at least twenty-four (24) hours from the time of the person's arrest if the person is arrested for one (1) or more of the
following offenses committed against a family or household member:
1) A crime of domestic violence (as described in IC 35-31.5-2-78).
2) Battery (IC 35-42-2-1).
3) Domestic battery (IC 35-42-2-1.3).
4) Aggravated battery (IC 35-42-2-1.5).
5) Strangulation (IC 35-42-2-9).
6) Rape (IC 35-42-4-1).
7) Sexual battery (IC 35-42-4-8).
8) Invasion of privacy (IC 35-46-1-15.1).
9) Criminal stalking (IC 35-45-10-5).
10) Criminal recklessness (IC 35-42-2-2).
11) Criminal confinement (IC 35-42-3-3).
12) Burglary (IC 35-43-2-1).
13) Residential entry (IC 35-43-2-1.5)[.]”
BOND AMOUNTS ARE CUMULATIVE - EXCEPTIONS: If a person has been arrested for
multiple charges, the bond amount shall be the total amount required for all charges, except for
the following situations:
a. If a person has been arrested for multiple alcohol charges (operating while intoxicated,
public intoxication, illegal consumption/transportation), only the highest-class bond for
one charge shall be imposed for all the alcohol charges; and
b. If a person has been arrested for multiple misdemeanor charges, the total cumulative
bond for all the misdemeanors shall not exceed $5,000 ($10,000 for out-of-state
residents).
BOND NOT AVAILABLE: This bond schedule shall not be used for any person arrested for a
crime when it can be reasonably determined that the person was on probation, parole, bond or
release on the person’s own recognizance for another offense. In such case, the person shall be
detained in custody until a Court establishes the bond.
CONDITIONS OF BOND: As conditions of bond or release on recognizance (O/R), all
persons posting a Bond are subject to the following conditions:
a. they shall appear in Court at all times required by the Court;
b. they shall not leave the State of Indiana without the prior written consent of the
Court;
c. they shall not commit nor be arrested for another criminal offense;
d. they shall keep their attorney and the Court advised in writing of any change of address
within 24 hours of such change; and,
e. they shall comply with any other condition ordered by the Court. Pursuant to Indiana
Code 35-33-8-3.2(a)(4) a person’s release may also be conditioned upon refraining from
any direct or indirect contact with the alleged victim of an offense or any other individual
as ordered by the Court.
Violation of any condition may result in the revocation of bond and the issuance of a re-arrest warrant.
SUPERSEDES: This Bail Bond Schedule is effective October 9, 2023, but does not supersede
the previous Bail Bond Schedule, dated January 1, 2012, ordered by the Circuit and Superior
Courts of this County and the City of Carmel, City of Noblesville, and Town of Fishers Courts.
SO ORDERED this 18th day of October, 2023.
Original signed by the Honorable Clem, Casati, Brown, Hughes, Campbell, Najjar, Gookins,
Murphy, Poindexter, Cook, and Henke
APPENDIX B TO LR29-CR00-305
HAMILTON COUNTY PRETRIAL RELEASE SCHEDULE
This schedule applies to all cases to be filed in the Circuit and Superior Courts of this county and
the City of Carmel, City of Noblesville, and City of Fishers Courts. THE SHERIFF OF
HAMILTON COUNTY IS HEREBY ORDERED TO FOLLOW THIS SCHEDULE FOR
DETERMINING THE PRETRIAL RELEASE OR DETENTION OF ALL
INDIVIDUALS ARRESTED FOR CRIMINAL OFFENSES TO BE FILED IN THE
ABOVE COURTS.
Pursuant to the authority of the Hamilton County Circuit and Superior Courts to establish a
reasonable basis for release/detention in criminal cases, a pretrial release schedule is established
in accordance with the following terms and conditions as approved this date:
1. All individuals detained in the Hamilton County Jail and otherwise eligible to post bond
shall be subject to pretrial release screening and risk assessment. This pretrial release
schedule shall control the release or detention of all individuals screened by the Pretrial
Services Program, unless a court, on its own motion or at the request of the State, issues
an order setting a bond or detaining the individual until the initial hearing.
2. An individual is eligible for screening upon being booked-in unless the individual is
booked in for an alcohol related offense or lacks the capacity to provide a valid risk
assessment because of drugs, chemical withdrawal, or a mental or emotional condition.
An individual booked-in for an alcohol related offense becomes eligible for screening
pursuant to the chart established for release eligibility in Indiana Code 35-33-1-6. An
individual who lacks the capacity to provide a valid risk assessment becomes eligible for
screening when he/she regains that capacity.
3. If an individual is not screened within eight hours of being eligible for screening, the
individual may be released in accordance with the Hamilton County Bond Schedule
already in effect. Said individual however may be screened prior to posting bond if the
screening can be completed without delaying the individual’s release. If found to be
appropriate, the individual may be released to Pretrial Services.
4. Except as provided in paragraph 3 above, no individual shall be released pursuant to this
Pretrial Release Schedule or the Hamilton County Bond Schedule until that person is
screened by Hamilton County Pretrial Services, and that screening shall include the
administration of at least one State approved pretrial risk assessment and such other risk
assessment instrument(s) that may be approved and required by the judges of the Circuit
and Superior Courts of Hamilton County.
5. All decisions regarding release and release conditions under this Pretrial Release
Schedule are conditional and may be reviewed sua sponte by the Court at the initial
hearing based upon information obtained through the pretrial screening process.
Subsequent to the initial hearing (or waiver thereof), the Court, sua sponte, or the
Prosecuting Attorney or Defendant by written motion may request a hearing on the
Defendant’s pretrial release/detention status and/or conditions of release.
6. The following four risk categories are established:
a. Category 1
b. Category 2
c. Category 3
d. Category 4
7. Every detainee classified in Category 4 shall be detained in custody until his or her
release can be reviewed by a judicial officer at or before the initial hearing.
8. A person shall be placed in Category 4 if:
a. he/she is charged with an offense listed in Offense Level “D” as provided in
paragraph 14;
b. he/she is an individual who cannot be positively identified including, but not
limited to, those individuals who refuse to cooperate in their identification by
refusing to be fingerprinted, individuals who provide conflicting identification,
and individuals whose identifying information cannot be verified;
c. he/she has an outstanding arrest warrant, or is on probation, community
corrections, diversion or deferral, or is currently released on bond or recognizance
or to a pretrial release program for a pending criminal case;
d. he/she is charged with the following offenses, or the attempt or conspiracy of the
following offenses:
1) A crime of domestic violence
2) Aggravated battery
3) Armor Piercing Ammunition
4) Arson
5) Assisting a Criminal
6) Battery
7) Burglary
8) Child Exploitation
9) Child Molesting
10) Criminal Confinement
11) Criminal Deviate Conduct
12) Criminal Recklessness as a felony
13) Domestic Battery
14) Escape/Failure to Return
15) Explosive Devices
16) Habitual Offender enhancement
17) Habitual Vehicular Substance offender
18) Incest
19) Intimidation as a felony
20) Invasion of Privacy
21) Involuntary Manslaughter
22) Kidnapping
23) Murder
24) OWI causing death
25) OWI causing serious bodily injury
26) Possession of a Firearm by a Serious Violent Felon
27) Rape
28) Reckless Homicide
29) Residential Entry
30) Resisting Law Enforcement as a felony
31) Robbery
32) Sexual Battery
33) Sexual Misconduct with a Minor
34) Stalking
35) Strangulation
36) Unlawful possession of a firearm as a Level 5 felony
37) Unlawful Use of Body Armor
38) Use of a firearm to deal drugs
39) Voluntary manslaughter
e. he/she has a red flag case or cases;
f. he/she refuses to cooperate in the risk assessment and/or pretrial screening
process;
g. he/she scores in higher than category 3 on the pretrial risk assessment.
9. Any individual assessed as Category 1, Category 2, or Category 3, but not placed in
Category 4 as above, shall be released on his/her own recognizance and shall be
supervised through Pretrial Services under the appropriate level of supervision.
10. For the purpose of identifying the appropriate level of supervision from the matrix in
Attachment 1, the following offense levels are established:
a. Offense Level A
b. Offense Level B
c. Offense Level C
d. Offense Level D
11. Offense Level “A” includes:
a. all nonviolent misdemeanor offenses and nonviolent Level 6 felony offenses
except Operating a Vehicle While Intoxicated (“OWI”) and Leaving the Scene of
an Accident.
b. “Nonviolent” for this level means an offense in which:
i. no firearm or deadly weapon was used or involved in any way;
ii. no bodily injury occurred to any person; and
iii. no force was used or threatened against any person.
12. Offense Level “B” includes violent misdemeanors, violent Level 6 felonies offenses,
Operating a Vehicle While Intoxicated (OWI), Leaving the Scene of an Accident, and
any offenses in which there is an allegation that:
a. the individual possessed or carried a firearm or other deadly weapon;
b. bodily injury occurred;
c. there was use of force or a threat of force, including by use of motor vehicle; or
d. the individual resisted law enforcement;
and includes all OWI and Leaving the Scene of an Accident offenses, except as
provided in paragraph 13 below.
13. Offense Level ”C” incudes Level 5 felonies not listed in paragraph 8(d) above,
Possession of Cocaine or a Narcotic Drug, Possession of a Syringe, Possession of a
Controlled Substance, Possession of Methamphetamine, and any OWI which is charged
as a felony.
14. Offense Level “D” includes Murder, Attempted Murder, Dealing in Cocaine or a
Narcotic Drug, Dealing in or Manufacturing Methamphetamine, Dealing in a Controlled
Substance, all Level 1, 2, 3, and 4 felonies, Level 5 violent felonies, and any charges
enhanced by a Habitual Offender or by a Habitual Vehicular Substance Offender
allegation
15. Pretrial conditions of release under this pretrial release schedule shall include that the
individual released:
a. shall appear in Court at all times required by the Court;
b. shall not leave Indiana without the prior written consent of the Court, and shall
agree to waive extradition as a condition of release to Pretrial Services and/or the
Court granting such consent;
c. shall not commit nor be arrested for another criminal offense;
d. for the purpose of receiving court notices and reminders of hearing dates, shall
provide to Hamilton County Pretrial Services, the Court and the person’s attorney,
a valid e- mail address, if available;
e. for the purpose of receiving court notices and reminders of hearing dates, shall
provide to Hamilton County Pretrial Services, the Court, and the person’s
attorney, a valid telephone number for a cellular telephone that can receive text
messages, if available;
f. shall notify Hamilton County Pretrial Services, the person’s attorney and the
Court in writing of any change of address, telephone number or e-mail address
within 24 hours of any such change;
16. Pretrial conditions of release under this pretrial release schedule may include that the
individual released shall:
a. call in regularly to an electronic monitoring system;
b. respond promptly to email, telephone calls or text messages from Pretrial
Services, or the court;
c. verify employment, residence and contact information;
d. meet in person as directed with a pretrial officer from Pretrial Services;
e. obey all rules and regulations of the Pretrial Services Program;
f. obey all other conditions imposed by the Court.
SO ORDERED this 18h day of July, 2025.
Original signed by the Honorable Bloch, Casati, Brown, Hughes, Campbell, Najjar, Gookins,
and Murphy
Pretrial Release Matrix
Attachment 1 to Appendix B to LR29-CR00-305
Offense Levels
Offense Level “A” includes all nonviolent misdemeanor offenses except Operating a Vehicle While Intoxicated
(“OWI”), Leaving the Scene of an Accident; and non-violent Level 6 felonies.
Offense Level “B” includes violent misdemeanors, violent Level 6 felonies, Operating a Vehicle While
Intoxicated (“OWI”), Leaving the Scene of an Accident, and any offenses in which there is an allegation that: (a)
the person possessed or carried a firearm or other deadly weapon; (b) bodily injury occurred; (c) there was use of
force or a threat of force, including by use of motor vehicle; or (d) the person resisted law enforcement.
Offense Level “C” includes Level 5 felonies, Possession of Cocaine or a Narcotic Drug, Possession of a
Controlled Substance, Possession of Methamphetamine, Possession of a Syringe, and any OWI charged as a
felony.
Offense Level “D” includes Murder, Attempted Murder, Dealing in Cocaine or a Narcotic Drug, Dealing in or
Manufacturing Methamphetamine, Dealing in a Controlled Substance, all Level 1, 2, 3, and 4 felonies, Level 5
violent felonies, and any charges enhanced by a Habitual Offender o r by a Habitual Vehicular Substance
Offender allegation.
Level A Level B Level C Level D
Category 1
(LOW 0-2)
ROR w/
Reminder
ROR w/
Reminder
ROR w/Basic
Supervision
Detain until
appear before a
judicial officer
Category 2
(MODERATE 3-5)
ROR w/
Reminder
ROR w/ Basic
Supervision
ROR w/Moderate
Supervision
Detain until
appear before a
judicial officer
Category 3
(HIGH 6-7)
ROR w/
Basic Supervision
ROR w/Moderate
Supervision
ROR w/Enhanced
Supervision
Detain until
appear before a
judicial officer
Category 4
(HIGH 8)
Detain until
appear before a
judicial officer
Detain until
appear before a
judicial officer
Detain until
appear before a
judicial officer
Detain until
appear before a
judicial officer
APPENDIX C TO LR29-DN03-604
TRIAL DE NOVO BAIL SCHEDULE FOR MISDEMEANOR OFFENSES
The bond required by LR29-DN03-604.40 shall be posted by cash deposit or surety bond and
shall be in accordance with the following schedule:
o Class A Misdemeanor $5,000.00
o Class B Misdemeanor $3,000.00
o Class C Misdemeanor $2,000.00
However, the following exception shall apply to the above listed schedule:
o Operating with .10% Blood Alcohol Content (Class C Misdemeanor) $5,000.00
o Contributing to the Delinquency of a Minor (Class A Misdemeanor) $2,000.00
o Reckless Driving (No Property or Personal Injury) (Class B Misdemeanor) $2,000.00
o Reckless Driving (Property Damage/ Personal Injury)(Class B Misdemeanor) $5,000.00
If the request for trial de novo is on a finding of violation of probation, then the bond shall be set
as follows:
a. If the defendant is on probation for a Class A Misdemeanor $7,500.00
b. If the defendant is on probation for a Class B or C Misdemeanor $5,000.00
If the request for the trial de novo involves multiple charges/convictions or where the defendant
is on probation on multiple convictions, the bond applied shall be the total amount required for
all offenses.
All bail bonds posted by the defendants are subject to the following conditions:
a. Defendant shall appear in court at all times required by the Court.
b. Defendant shall not leave the state of Indiana without prior written consent of the Court.
c. Defendant shall not commit or be arrested for another criminal offense.
d. Defendant shall keep his/her attorney and the Court advised in writing of any change of
address within twenty-four (24) hours of such change.
e. In appropriate cases the defendant may be required to refrain from any direct or indirect
contact with an alleged victim of an offense or other individual as ordered by the Court
pursuant to Indiana Code 38-33-8-3.1(a)(4).
A violation of any condition may result in revocation of bond and issuance of re-arrest warrant.
Originals signed by the Honorable Proffitt, Nation, Barr, Campbell, and Sturtevant.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-30-hamilton-local-rules-2026-10-02
- Content hash
99ba0285e68d764e4ae033c0a6c7a2938626833412e6cbb052d9c9f42a78e848
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