Ind. County Local Rule: howard-local-rules

LOCAL COURT RULES

HOWARD COUNTY, INDIANA

Updated June 2nd, 2023

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TABLE OF CONTENTS

LR34-AR81-1..................................................................................................................................5

SCOPE OF RULES.............................................................................................................5

LR34-AR1-2....................................................................................................................................6

ASSIGNMENT OF CASE FILINGS..................................................................................6

LR34-TR76-3...................................................................................................................................7

TRANSFER OF ACTION...................................................................................................7

LR34-AR00-4..................................................................................................................................8

JUDGES SITTING IN EITHER COURT...........................................................................8

LR34-TR3.1-5..................................................................................................................................9

APPEARANCE AND WITHDRAWAL.............................................................................9

LR34-AR11-6................................................................................................................................10

PREPARATION OF PLEADINGS, MOTIONS AND OTHER PAPERS.......................10

LR34-TR5-7...................................................................................................................................11

FILINGS............................................................................................................................11

LR34-TR79-8.................................................................................................................................11

CHANGE OF JUDGE.......................................................................................................11

LR34-AR00-9................................................................................................................................13

PROPOSED ORDERS......................................................................................................13

LR34-TR73-10...............................................................................................................................14

MOTIONS.........................................................................................................................14

LR34-TR53.5-11............................................................................................................................15

CONTINUANCES............................................................................................................15

LR34-TR47-12...............................................................................................................................16

VOIR DIRE.......................................................................................................................16

LR34-TR51-13...............................................................................................................................17

JURY INSTRUCTIONS....................................................................................................17

LR34-TR16-14...............................................................................................................................18

PRE-TRIAL CONFERENCE............................................................................................18

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LR34-TR40-15...............................................................................................................................19

TRIAL SETTINGS............................................................................................................19

LR34-FL-16...................................................................................................................................20

DOMESTIC RELATIONS................................................................................................20

LR34-FL-17...................................................................................................................................21

PARENTING TIME..........................................................................................................21

LR34-TR16-18...............................................................................................................................22

EXHIBITS.........................................................................................................................22

LR34-AR00-19..............................................................................................................................23

DOCUMENTS, FILES AND DEPOSITIONS..................................................................23

LR34-AR00-20..............................................................................................................................24

LIBRARY..........................................................................................................................24

LR34-AP9-21.................................................................................................................................25

APPELLATE RECORD....................................................................................................25

LR34-AR00-22..............................................................................................................................26

TRANSCRIPTS.................................................................................................................26

LR34-AR00-23..............................................................................................................................27

COURTROOM SECURITY.............................................................................................27

LR34-AR15-25..............................................................................................................................30

COURT REPORTER.........................................................................................................30

LR34-CR00-26..............................................................................................................................32

INITIAL HEARING..........................................................................................................31

LR34-CR00-27..............................................................................................................................32

WITHDRAWAL OF APPEARANCE..............................................................................32

LR34-CR00-28..............................................................................................................................33

WARRANTLESS ARRESTS..........................................................................................33

LR34-CR2.2-29.............................................................................................................................34

FILING CRIMINAL CASES............................................................................................34

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LR34-CR00-30..............................................................................................................................37

BAIL SCHEDULE............................................................................................................37

LR34-SC00-31...............................................................................................................................41

SMALL CLAIMS RULE..................................................................................................41

LR34-SC9-32.................................................................................................................................42

CONTINUANCES IN SMALL CLAIMS CASES...........................................................42

LR34-SC8-33.................................................................................................................................43

SMALL CLAIMS HEARINGS.........................................................................................43

LR34-AR00-34..............................................................................................................................44

PROBLEM SOLVING COURT FEES.............................................................................44

LR34-AR00-35..............................................................................................................................45

ALCOHOL AND DRUG SERVICES FEES....................................................................45

LR34-TR32-36…………………………………………………………………………………...46

DEPOSITIONS…………………………………………………………………………...46

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LR34-TR81-1

SCOPE OF RULES

Pursuant to Trial Rule 81 of the Indiana Rules of Court, and except as otherwise

provided, these rules govern the procedure and practice of the Circuit Court and the Superior

Courts of Howard County.

These local rules shall be read and applied in a manner not inconsistent with the Indiana

Rules of Trial Procedure.

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LR34-AR1-2

ASSIGNMENT OF CASE FILINGS

A. HOWARD CIRCUIT COURT: All juvenile matters, paternity cases, adoptions,

county tax sale matters, and other cases required by law to be filed in the Howard Circuit Court

shall be filed in the Howard Circuit Court.

B. HOWARD SUPERIOR COURTS II AND IV: Mental health matters shall be filed

in the Howard Superior Court II or the Howard Superior Court IV. The court of filing shall be

determined by random selection made by the Clerk.

C. HOWARD SUPERIOR COURT III: Small Claims and Petitions for Specialized

Driving Privileges pursuant to IC 9-30-16 shall be filed in the Howard Superior Court III. The

Court shall also maintain a Plenary Docket for the purpose of accepting transfer cases. This shall

include any civil case transferred from the other Howard County Courts or cases in which the

Judge of Howard Superior Court III has been selected as a special judge pursuant to Sections

(D)(H) or (K) of Trial Rule 79. All small claims which are transferred to the Plenary Docket as a

result of a jury request or because a party seeks to pursue a claim that exceeds the jurisdictional

amount allowed shall be transferred to the Plenary Docket of Howard Superior Court III.

D. OTHER CIVIL FILINGS: All other civil cases shall be filed in Howard Circuit

Court, Howard Superior Court I, Howard Superior Court II, or Howard Superior Court IV. The

court of filing shall be determined by random selection made by the Clerk, using a method which

will result in nineteen percent (19%) being filed in Howard Circuit Court, twenty-seven percent

(27%) being filed in Howard Superior Court I, twenty-seven percent (27%) being filed in

Howard Superior Court II, and twenty-seven percent (27%) being filed in Howard Superior

Court IV.

E. CRIMINAL CASES: All criminal cases shall be filed pursuant to LR34-CR2.2-29.

(Amended effective April 21st, 2023)

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LR34-TR76-3

TRANSFER OF ACTION

It may, from time to time, be expedient for the Judges of Howard Circuit Court and

Superior Courts to transfer cases between those courts. This shall be done with the consent of the

two judges involved in the transfers, pursuant to I.C. 35-5-20.1-21 and I.C. 35-5-20.1-22. If such

transfer is consummated, the time for taking a change of venue from the Judge shall be extended

for a period of ten (10) days from the service of notice of such transfer or until such period

expires pursuant to T.R. 76 or other applicable law.

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LR34-AR00-4

JUDGES SITTING IN EITHER COURT

It may, from time to time, be expedient for the Judges of Howard Circuit and Superior

Courts to hear cases pending in another court.

The Judge of the Howard Circuit Court authorizes the Judges of the Howard Superior

Courts to sit as Judge of the Howard Circuit Court, at any time, in any case.

The Judges of the Howard Superior Courts authorize the Judge of the Howard Circuit

Court to sit as Judge of the Howard Superior Courts, at any time, in any case.

The Magistrate of Howard County is authorized to sit as judicial officer of the Howard

Circuit Court and Howard Superior Courts, at any time, in any case with the approval of the

Judge of such Court.

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LR34-TR3.1-5

APPEARANCE AND WITHDRAWAL

A. APPEARANCE: An appearance by counsel, or by a party appearing without an

attorney shall be made in writing and filed with either the Clerk or the Court. It shall be in

compliance with the Indiana Supreme Court Rules. A copy must be served on other counsel or

parties. The Clerk shall note the appearance on the Chronological Case Summary.

WITHDRAWAL: All withdrawals of appearance shall be in writing and by leave

of Court. Permission to withdraw shall be given only after the withdrawing attorney has given

his client ten (10) days written notice of his intention to withdraw and has filed a copy of the

notice with the court, except in the following cases:

(1) when another attorney has already filed an appearance for the same party; or

(2) when the withdrawing attorney files a pleading indicating that he or she has been

terminated from the case by the client; or

(3) when the appearance of an attorney is deemed withdrawn upon conclusion of an

action or matter.

The court will not grant a request to withdraw an appearance unless the same has been

filed with the court at least ten (10) days prior to trial date, except for good cause. A withdrawal

of appearance when accompanied by the appearance of other counsel shall constitute a waiver of

this requirement. All withdrawals of appearance shall comply fully with the provisions of Rules

of Professional Conduct.

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LR34-AR11-6

PREPARATION OF PLEADINGS, MOTIONS AND OTHER PAPERS

A. PRODUCTION. Pleading, motions, and other paper shall be on white paper. All

pleadings, copies, motions, and documents filed with the court, with the exception of exhibits

and existing wills, shall be prepared on 8.5" x 11" paper. The lines shall be double spaced except

for quotations, which shall be indented and single spaced.

B. TITLES. Titles on all pleadings shall delineate each topic included in the pleading,

e.g. where a pleading contains and Answer, a Motion to Strike or Dismiss, or a Jury Request,

each shall be set forth in the title.

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LR34-TR5-7

FILINGS

A. PLEADINGS. The entry of appearance and the filing of pleadings or other matters

not requiring immediate Court action shall be filed with the Clerk. The Judge may, however,

permit papers to be filed with the Court, in which event the filing date shall be noted thereon.

B. CHRONOLOGICAL CASE SUMMARY ENTRIES. Written pleadings presented

for filing shall be accompanied by a proposed entry for the Chronological Case Summary. It

shall contain the title and number of the case, the date, and exact entry to appear on the

Chronological Case Summary. The proposed entry shall be signed by counsel.

C. COPIES TO SPECIAL JUDGES. When a Special Judge is selected, copies of all

pleadings, motions, or briefs filed shall be mailed or delivered to the office of the Special Judge

with certificate of forwarding same made a part of the original papers.

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LR 34-TR79-8

CHANGE OF JUDGE

Purpose of Rule

This rule is adopted to comply with the requirements of Trial Rule 79(H) of the Indiana Rules of

Trial Procedure. It is intended to provide a means of selection of special judges ensuring the

effective use of all judicial resources within Administrative District 8 (which is comprised of

Cass County, Fulton County, Howard County, and Miami County) and includes each person

eligible for appointment under Section (J) of Trial Rule 79.

Central Office Established

There is established a Central Office for the keeping of records of appointment and selection of

special judges for this District. The Central Office of this District shall be the Howard Circuit

Court.

The Courts of this County shall hereafter refer to the Central Office of this District whenever

selection of a special judge is required under this rule. Each of the Courts of this County shall

accept from the Central Administrator the name of the individual to then be appointed as special

judge for a given case.

The person serving as the Central Administrator shall have the following responsibilities:

1. To maintain a list of persons qualified to serve as special judge under Section (J) of

Trial Rule 79.

2. To take referrals from the several courts of this District, requesting appointment of a

special judge.

3. To alternately and on a rotating basis appoint qualified judges from the list maintained

for that purpose.

4. To notify the referring court of the individual to be appointed under this rule.

Current Rotation Schedule

The following shall be the rotation schedule used by the Central Administrator:

1. The Judge of the Cass Superior Court I

2. The Judge of the Howard Superior Court III

3. The Judge of the Fulton Superior Court

4. The Judge of the Howard Superior Court II

5. The Judge of the Fulton Circuit Court

6. The Judge of the Howard Circuit Court

7. The Judge of the Miami Superior Court I

8. The Judge of the Howard Superior Court I

9. The Judge of the Cass Circuit Court

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10. The Judge of the Miami Circuit Court

11. The Judge of the Cass Superior Court II

12. The Judge of the Howard Superior Court IV

13. The Magistrate of Howard County

14. The Judge of the Miami Superior Court II

Administrative Fee

Each of the Courts participating under this rule shall pay each year the sum of Fifty Dollars

($50.00) to the Central Administrator, payable directly to the Administrator by the 15th day of

September of each year.

Certification to the Supreme Court

In cases in which no judge is eligible to serve as special judge in a particular case or where the

circumstances of a case require it, the Court shall certify those circumstances to the Supreme

Court and that Court shall make the appointment.

Credit for Voluntary Acceptance of Certain Special Judge Cases

If, outside the normal rotation schedule, a judge voluntarily accepts a Cass County, Fulton

County, Howard County, or Miami County civil case at the request of the parties to the case or at

the request of the Court in which the case is pending, that judge may then receive credit for

taking that case, with the Central Administrator skipping over that judge the next time that

judge’s name comes up for appointment for a case under the above-described rotation schedule.

In order to receive such credit, the judge shall notify the Central Administrator of his or her

voluntary acceptance of such a civil case no later than seven (7) days after his or her formal

qualification and assumption of jurisdiction in that case. At the time that such notification is

provided to the Central Administrator, the notifying judge shall also provide the Central

Administrator the cause number of the civil case that he or she has voluntarily accepted.

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LR34-AR00-9

PROPOSED ORDERS

Prior to entry by the court of Orders granting motions, applications or setting hearing

dates, the moving party or applicant shall, unless the court directs otherwise, furnish the court

with proposed Orders in the following matters:

1. Enlargement of Time

2. Continuance

3. Default Judgment

4. Compel Discovery

5. Dismissal

6. Appointment of Receiver

7. Appointment of Guardian

8. Restraining Order, Temporary or Permanent Injunction

9. Immediate Possession of Real Estate

10. Immediate Possession of Personal Property

11. Findings of Fact and Conclusions of Law

12. Foreclosure of a Mortgage or other Lien

13. Setting Hearing Dates

14. Such other Order, Judgments or Decrees as the Court may direct.

All proposed Orders left with the Clerk or Court shall be submitted in sufficient numbers

so that distribution may be made to all affected parties.

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LR34-TR73-10

MOTIONS

A. ORAL ARGUMENTS. The Court shall not hear oral arguments on motions unless

required by the Indiana Rules of Procedure, requested by a party and allowed by the Court in its

discretion, or at the request of the Court.

B. BRIEFS AND MEMORANDA REGARDING MOTIONS. If a party desires to file

a brief and memorandum in support of any motion, such brief or memorandum shall accompany

or be filed simultaneously with the motion, and a copy served on the adverse party. If the adverse

party desires to file a brief or memorandum, the adverse party shall file it as ordered by the

Court.

C. ENLARGEMENT OF TIME. An initial written motion for enlargement of time

pursuant to Trial Rule 6(B)(1) to respond to a claim shall be automatically allowed for an

additional 30 days from the date of filing by a written order of the Court except in matters

denominated in the pleadings as emergency in nature. Any motion filed pursuant to this rule shall

state the date when such response is due and the date to which time is enlarged. The motion must

be filed on or before the original due date, or this rule is inapplicable.

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LR34-TR53.5-11

CONTINUANCES

A motion for a continuance, unless made during the hearing of the cause, shall be for

cause, in writing and verified. A motion for continuance shall be filed as soon after the cause for

continuance is discovered by the moving party. The attorney’s signature on a request for a

continuance is considered a certification that the client has been notified of the request.

The motion shall contain a statement concerning notification to opposing counsel or to

pro se party:

1. That other counsel/party has been contacted and has no objection.

2. That other counsel/party has been contacted and does object.

3. That other counsel/party has not been contacted after diligent effort.

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LR34-TR47-12

VOIR DIRE

A. EXAMINATION OF PANEL AS A WHOLE BY COURT: Unless otherwise

directed, the entire panel of prospective jurors shall be sworn by the court. The court may

conduct its own voir dire examination of the entire panel with a view primarily of establishing a

basis for challenge for cause.

B. JURY QUESTIONNAIRES: Jury questionnaires shall be on file with the Bailiff

or Security Officer and copies shall be made available to counsel, but it shall be the

responsibility of counsel to obtain such copies from the Bailiff or Security Officer, and to review

the same before the voir dire begins.

C. SUPPLEMENTAL EXAMINATION BY COUNSEL: Following examination

by the court, counsel shall be permitted to supplement the court’s examination on subjects not

expressly covered by the court or the jury questionnaires. Questions shall be, so far as possible,

directed to the entire panel seated in the jury box. The side with the burden of proof shall

proceed first with such examination and the opposing side will then proceed.

D. PEREMPTORY CHALLENGES: After each side has completed its

supplementary examination, peremptory challenges must then be made. Such challenges will be

made in writing and submitted to the court. After submission to the court, the court will then

advise the prospective jurors so challenged.

E. PEREMPTORY CHALLENGES OF SAME JUROR: A peremptory

challenge of the same juror by both sides shall count against the number of challenges for each

side.

LR34-TR51-13

JURY INSTRUCTIONS

All requests for instructions tendered in accordance with Trial Rule 51 shall be in writing

with citations on the Court’s copy, to applicable authority. Reasonably anticipated final

instructions shall be exchanged and filed with the Court as directed. Proposed preliminary

instructions shall be exchanged and filed. The plaintiff in a civil matter shall prepare and

exchange with opposing counsel a proposed preliminary instruction on the issues, which shall be

included in the Pre-Trial Order. The Court shall, in the interest of justice, permit the tender of

additional instructions during the trial on matters which could not have been reasonably

anticipated in advance of trial. Such proposed instructions shall be no more than ten (10) in

number from each party or in the case of multiple parties no more than fifteen (15) total.

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LR34-TR16-14

PRE-TRIAL CONFERENCE

A. WHEN. There shall be a pre-trial conference in every civil case scheduled for

jury trial. In other cases, upon motions of any party or upon motion of the Court, a pre-trial

conference may be held.

B. CERTIFICATE OF READINESS. Any party may request that a pre-trial

conference be held or that the cause be set for trial if no pre-trial conference is required by filing

a Certificate of Readiness, certifying to the Court that the cause is at issue; that discovery is

completed or that discovery will be completed by the time of the pre-trial conference; that the

cause is ready to be assigned for pre-trial conference or that a pretrial conference should be

waived and the matter assigned for trial. If any party should oppose any matter contained in the

Certificate of Readiness, he shall, within 10 days following receipt of a copy of the Certificate of

Readiness, file with the Court, with service to all counsel of record, his verified objections citing

in particular why the cause is not ready for pre-trial conference and trial. The Court may

summarily rule on any verified objections or, upon written request, set the matter for hearing. If

no objections are filed within the time prescribed or allowed, the Court will set the cause for pre-trial conference. Following a pre-trial conference and entry of a pre-trial order in a cause, if

required, the cause shall be placed on the Court’s calendar for trial.

C. PRE-PRETRIAL CONFERENCE. At least 10 days prior to the date set for

pre-trial conference, the attorneys for all parties shall meet and/or confer for the purposes set

forth in Trial Rule 16(C).

D. PRE-TRIAL ORDER. Following the pre-trial conference, a pre-trial order shall

be prepared, signed, and filed as directed by the Court at the pre-trial conference. When signed

by the Court and entered of record, the pre-trial order shall control the course of trial, and the

pleadings will be deemed merged therein.

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LR34-TR40-15

TRIAL SETTINGS

Unless otherwise ordered by the court at the pre-trial conference, when more than one

case is set for trial on a given date, the case set second shall be required to stand for trial if

counsel is given five (5) days’ notice, excluding Saturday and Sunday, that the case first set will

not be heard. Counsel for all other subsequent settings is required to communicate with each

other and counsel for the first and second settings to determine priorities.

Counsel shall inform the court at least fourteen (14) days before the trial is scheduled to

commence, excluding Saturday and Sunday, of the need to call a jury.

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LR34-FL-16

DOMESTIC RELATIONS

A. WORKSHEET - CHILD SUPPORT OBLIGATION. A copy of the worksheet

provided in the Indiana Child Support Guidelines shall be submitted to the Court in each case in

which the Court is asked to determine support, including cases in which agreed orders are

submitted. A worksheet shall be signed by a party under penalties of perjury.

B. SCHEDULE OF ASSETS AND LIABILITIES. A schedule of assets and liabilities,

together with copies of any and all inventories and appraisals, may be submitted to the Court

prior to the beginning of a contested trial and copies served upon opposing counsel.

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LR34-FL-17

PARENTING TIME

1. PARENTING TIME. It is the express preference of the Howard Circuit and Superior

Courts that parenting time be defined simply as occurring “at all reasonable times and places”.

Such parenting time means that parties take into consideration the schedules and economic and

geographic circumstances of each other as well as the schedules and activities of the children.

2. PARENTING TIME GUIDELINES. The Indiana Supreme Court has adopted

Parenting Time Guidelines. These guidelines are designed for those situations when the parties

are unable to resolve “parenting time” without having specific guidelines. Consequently, if the

parties cannot agree on parenting time, the Parenting Time Guidelines will be adopted unless the

Court orders otherwise.

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LR34-TR16-18

EXHIBITS

Exhibits shall be presented to the reporter for marking prior to the beginning of the trial

or during recess, to ensure that the trial is not delayed for the marking of exhibits.

The exhibits of plaintiffs, petitioners, or any other party who initiates an action shall be

marked numerically as 1, 2, 3 etc. The exhibits of defendants, respondents, or any other party

who responds to an action initiated by another shall be marked alphabetically as A, B, C etc.

Where alphabetically marked exhibits exceed the letters in the alphabet, exhibits shall then be

marked as AA, BB, CC, etc.

After being marked for identification and offered in evidence, all exhibits and proposed

exhibits shall be placed in the custody of the reporter, who is responsible for their safekeeping

unless otherwise ordered by the trial judge.

After a case has been decided and no appeal has been taken, or after all appeals are

completed, if there has been no request for the return of such items within 90 days of final

judgment, they may be disposed of by the reporter as the Court may direct.

Copies of all documentary exhibits shall be provided as follows: one for the Court: one

for each party and one for each Juror.

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LR34-AR00-19

DOCUMENTS, FILES AND DEPOSITIONS

A. REMOVAL OF ORIGINAL PLEADINGS, PAPERS AND RECORDS. No

person shall withdraw any original pleading, paper, or record from the custody of the clerk or

other officer of the Court except after giving proper receipt.

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LR34-AR00-20

LIBRARY

The books and electronic devices in the law library shall be in the custody of the Judges

of the Courts of Howard County. No person shall remove any book or electronic device from the

law library until he signs out the same. Any item removed from the law library shall not be

retained more than ten consecutive days.

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LR34-AP9-21

APPELLATE RECORD

When an appeal is initiated by the filing of a Notice of Appeal pursuant to Appellate Rule

9, and a transcript of all or any part of the evidence is sought for the record on appeal, counsel

filing the Notice of Appeal shall deliver, contemporaneously and personally, a copy of the Notice

of Appeal to the Court Reporter, advise the Court Reporter of the deadline for preparation of the

records, and then make arrangements to pay the Court Reporter for preparation of the records.

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LR34-AR00-22

TRANSCRIPTS

Persons requesting transcripts shall make a deposit with the Court Reporter sufficient to

cover the cost of the transcript at the time of the request unless other arrangements are made with

the Court Reporter who is preparing the transcript.

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LR34-AR00-23

COURTROOM SECURITY

No person shall enter the courtroom or the court’s chambers or environs in possession of

a firearm or any type of knife, club, bomb, or explosive device or any other offensive weapon.

This order does not apply to law enforcement officers in uniform or law enforcement officers in

plain clothes, who publicly display identification.

Violators will be found in contempt of court and punished according to applicable law.

27

LR34-AR15-25

COURT REPORTER

Section One. Definitions. The following definitions shall apply under this local rule:

(1) A Court Reporter is a person who is specifically designated by a court to perform the official

court reporting services for the court including preparing a transcript of the record.

(2) Equipment means all physical items owned by the court or other governmental entity and

used by a court reporter in performing court reporting services. Equipment shall include, but not

be limited to telephones, computer hardware, software programs, disks, tapes, and any other

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

(3) Work Space means that portion of the court’s facilities dedicated to each court reporter

including but not limited to actual space in the courtroom and any designated office space.

(4) Page means the page unit of transcript which results when a recording is transcribed in the

form required by Indiana Rule of Appellate Procedure 28.

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

required by Indiana Rule of Trial Procedure 74.

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

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

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

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

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

(8) Overtime hours worked means those hours worked that are in excess of the regular hours

worked and are in excess of forty (40) hours per work week.

(9) Work Week means a seven (7) consecutive day week that consistently begins and ends on the

same days throughout the year, e.g. Sunday through Saturday, Wednesday through Tuesday, or

Friday through Thursday.

(10) Court means the particular court for which the court reporter performs services. Court may

also mean all of the courts in Howard County.

(11) County indigent transcript means a transcript that is paid for from county funds and is for

the use on behalf of a litigant who has been declared indigent by a court.

(12) State indigent transcript means a transcript that is paid for from state funds and is for the

use on behalf of a litigant who has been declared indigent by a court.

28

(13) Private transcript means a transcript, including but not limited to a deposition transcript that

is paid for by a private party.

Section Two. Salaries and Per Page Fees.

(1) Court Reporters shall be paid an annual salary for time spent working under the control,

direction and direct supervision of their supervising court during any regular work hours, gap

hours, or overtime hours. The supervising court shall enter into a written agreement with the

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

gap and overtime hours, i.e. Monetary compensation or compensatory time off regular work

hours.

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

indigent transcript shall be $5.00; the court reporter shall submit a claim directly to the county

for the preparation of any county indigent transcript.

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

transcript shall be $5.00.

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

transcript shall be $5.00.

(5) That preparation of all transcripts shall be done outside of the work space and after regular

work hours.

(6) Each court reporter shall report, at least on an annual basis, all transcript fees received for the

preparation of either county indigent, state indigent or private transcripts to the Indiana Supreme

Court Office of Judicial Administration. The reporting shall be made on forms prescribed by the

division of State Court Administration.

(7) A minimum fee up to $35.00 may be charged by the court reporter per transcript.

(8) Index and Table of Contents pages should be charged by the court reporter at the per page

rate being charged for the balance of the transcript.

(9) An additional labor charge of $20.00 may be charged for the time spent on preparation of

each volume and its electronic submission.

(10) A reasonable charge for the office supplies required and utilized for the binding and

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

and 29, is permissible; the costs for these supplies should be determined pursuant to a Schedule

of Transcript Supplies which should be established and published annually by the judge or

judges of the county.

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Section Three. Private Practice.

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

transcript, and the court reporter desires to utilize the court’s equipment, work space and

supplies, and the court agrees to the use of the court equipment for such purpose, the court and

court reporter shall enter into a written agreement which must, at a minimum, designate the

following:

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

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

supplies, and;

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

equipment, work space and supplies.

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

and/or preparing of a deposition transcript, all such private practice work shall be conducted

outside of regular working hours.

30

LR34-CR00-26

INITIAL HEARING

Any defendant held in custody by reason of warrant or civil attachment shall be brought

before the court for initial hearing upon order of the court following the arrest. This rule shall not

prohibit the release of any defendant on bond as per order of the court.

31

LR34-CR00-27

WITHDRAWAL OF APPEARANCE

In criminal cases, withdrawal of representation of a defendant will be in compliance with

I.C. 35-36-8-2. It will be considered after a hearing is conducted in open court, on record, in the

presence of the defendant, unless another attorney has entered an appearance for the defendant.

Withdrawal of appearance may be allowed without compliance with the requirements of this

rule, if the reason for withdrawal is the inability to locate and communicate with the defendant.

In such event a warrant may be issued for the arrest of the defendant. Notice of withdrawal is

required pursuant to LR34-TR3.1-5.

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LR34-CR00-28

WARRANTLESS ARRESTS

Any defendant held in custody by reason of a warrantless arrest, shall be brought before a

judge for probable cause determination within forty-eight (48) hours following arrest. The

probable cause determination may be made either by hearing or by affidavit(s).

When the judge has authorized release on bond before probable cause determination, the

Sheriff shall give notice to the defendant of a court appearance date on the Report of Bonding

form with a copy delivered to the court and prosecutor.

After determination of probable cause, the prosecutor shall file appropriate charges with

the court within forty-eight (48) hours.

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LR34-CR2.2-29

FILING CRIMINAL CASES

A. WEEKLY ROTATION: Beginning April 1, 2018, weekly rotation will be as

follows:

1. Week#1 - Howard Circuit Court

2. Week#2 - Howard Superior Court I

3. Week#3 - Howard Superior Court II

4. Week#4 - Howard Superior Court IV

Weekly rotation thereafter will be from 12:01 a.m. Monday until twelve o’clock midnight

Sunday each week.

The Clerk shall maintain a projected calendar for one year in advance showing the

weekly rotation and shall in retrospect project a calendar for the previous one year and beyond if

necessary for weekly rotation.

The weekly rotation calendar shall be public and posted in the Clerk’s office and in each

court participating in the weekly rotation.

B. FELONIES: The court in which all felony criminal charges shall be filed will be the

court on a weekly rotation on the day on which the offense alleged in the charging document

occurred with the following guidelines:

1. Where multiple offenses are filed, the date of the earliest offense alleged in the

charging document shall control the rotation date.

2. In other cases where the date of the case is ambiguous, or covers a period of time, or is

not otherwise specifically alleged, the controlling date will be the date that the Prosecutor’s

Office logged in the original complaint, case, report, or other notification of the alleged offense.

The Prosecutor shall maintain a system of logging in cases which shall be open for reasonable

inspection by the courts and members of the Bar.

3. In case where the accused has a previously filed and pending felony charge(s), and is

charged with one or more subsequent felony charge(s), the subsequent case shall be filed in the

court in which the previously filed case is pending. If the previous charge(s) is no longer pending

at the time the subsequent charge(s) is filed, the subsequent charge(s) shall be filed in the court

as designated by the weekly rotation schedule in section A. The previous charge(s) will be

considered pending if the State filed the charge(s) and the court has not entered a dismissal or

judgment of conviction or acquittal of the pending charge(s).

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C. MISDEMEANORS, INFRACTIONS, AND ORDINANCE VIOLATIONS: The

Howard Superior Court III is the court in which all misdemeanors, infractions, and ordinance

violations are filed, with the following qualifications:

1. A misdemeanor charge which is filed contemporaneous with a felony charge against

the same individual will be filed in the court where the felony charge is filed;

2. Where a defendant has a pending misdemeanor charge and a subsequent felony charge

is filed, the misdemeanor charge will remain in Superior Court III, or with the consent of the

accused, the Prosecutor, and the Judge of Superior Court III, may be transferred to the court

having the felony case under Transfer of Action, Local Civil Rule 3.

D. CHANGE OF JUDGE: Where there has been a change of venue granted, or an order

of disqualification or recusal entered, the Clerk shall select a successor judge by random

selection from the other four (4) Howard County Courts.

If this process does not result in the selection of a Special Judge, the Clerk shall select a

Special Judge in rotating order from the Judges of the following Courts, comprising courts

contiguous to, or within the same administrative district as Howard County:

Miami Circuit

Miami Superior 1

Miami Superior 2

Cass Circuit

Cass Superior 1

Cass Superior 2

Carroll Circuit

Carroll Superior

Clinton Circuit

Clinton Superior

Tipton Circuit

Grant Circuit

Grant Superior 1

Grant Superior 2

Grant Superior 3

Grant County Magistrate

Fulton Circuit

Fulton Superior

The Clerk shall maintain the list of Special Judges, and shall select from the list on a

rotating basis when appointment under this local rule is required. If a judge is skipped in the

rotation because of ineligibility or disqualification, he or she shall be selected first for the next

eligible cause.

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E. TIME FOR OBJECTION: Any party may file a written objection to an alleged

violation of this rule. Upon a finding that the charge(s) were improperly filed, the court where

the charge(s) were originally filed shall transfer the charge(s) to the proper court without the

necessity of obtaining consent from the receiving court. Any such objection shall be deemed

waived unless filed on or before thirty (30) days after Omnibus Date; however, upon a showing

of good cause and in the interest of justice, the court may permit the filing of the objection any

time before the commencement of trial.

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LR34-CR00-30

BAIL SCHEDULE

A. AMOUNTS: The following amounts shall be the amounts set for bail in those courts which

authorize the use of the schedule, unless otherwise ordered by the Court:

CLASS OF OFFENSE BAIL AMOUNT

A. Murder None

B. Habitual Offender $50,000.00

C. Level 1 Felony $75,000.00

D. Level 2 Felony $50,000.00

E. Level 3 Felony $40,000.00

F. Level 4 Felony $30,000.00

G. Level 5 Felony $20,000.00

H. Level 6 Felony $10,000.00

I. Class A Misdemeanor $8,000.00

J. Class B Misdemeanor $6,500.00

K. Class C Misdemeanor $5,000.00

EXCEPTIONS TO SCHEDULE

B. MULTIPLE CHARGES: If a person is arrested for allegedly committing more than one

offense, bail shall be set in the amount established above for the most serious offense.

C. NO BOND UNTIL SEEN BY JUDICIAL OFFICER: The bail schedule shall not apply to

cases in which a person is arrested for committing an offense, attempting to commit and offense,

or conspiracy to commit an offense, listed below:

Child Exploitation

Child Molesting

Child Seduction

Child Sexual Trafficking

Child Solicitation

Criminal Confinement of a Minor

Criminal Deviate Conduct

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Dealing in a Narcotic Drug / Methamphetamine / Cocaine as a Level 1, 2, or 3 Felony

Human Trafficking

Incest

Kidnapping

Neglect of a Dependent Resulting in Death or Catastrophic Injury

Possession of a Firearm by a Serious Violent Felony

Rape

Sexual Battery

Sexual Misconduct with a Minor

D. INTOXICATED PERSONS: If any person is arrested or charged involving intoxication or

use of drugs and, in the opinion of the Sheriff or his department, cannot safely be released

because of such condition, that person shall be held until the Sheriff or his department

determines that the person would not constitute a danger to himself or others. This provision is

subject to the rule that all persons arrested who remain in jail shall be brought into court no later

than the next day court is in session. The Sheriff shall refer to Indiana Code § 35-33-1-6 in

making such determination.

E. ARREST IN CIVIL PROCESS: The bail schedule applies only to arrest on criminal

charges. On civil arrests (body attachments), the bond applicable is the amount stated by the

court on the Body Attachment. Such bail is to be accepted in cash, or, where applicable, by credit

card. The court will consider the cash bail posed to be the property of the person arrested and

subject to attachment.

F. TEN PERCENT CASH: In all cases, unless a specific order to the contrary is made by the

court when setting bail, the person, if a resident of the State of Indiana, may post cash in the

amount ten percent (10%) of the bail. The court approved bond form must be used. If ten percent

(10%) is posted, the paid sum shall be returned at the close of the case with the following

deductions:

(a) administrative fee as per statute;

(b) fine, fees, and costs;

(c) restitution ordered by the court;

(d) alcohol or drug program fees;

(e) reimbursement to the Howard County Public Defender Supplemental fund;

(f) costs of extradition;

(g) Probation User fees.

G. CONDITIONS OF PRE-TRIAL RELEASE: Whether released after posting bond, or

released on their own recognizance, the arrested person’s pre-trial release is conditioned upon

maintaining good and lawful behavior, appearing in court for all court appearances, informing

the respective court in writing of any change of address within 48 hours, not using or possessing

illegal drugs, and complying with all other conditions of pre-trial release set by a judicial officer.

For all Class A, B, and C felony and Level 1, 2, 3, 4 and 5 offenses, the arrested person may not

leave the State of Indiana without prior approval of the court. A violation of any condition of

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pre-trial release may result in the court revoking the arrested person’s bond and the issuing a

warrant for arrest.

H. PRE-TRIAL RELEASE: In accordance with Rule 26 of the Indiana Rules of Criminal

Procedure, and so long as funding is available, Howard County shall perform pre-trial release

screenings to assist in bail and pre-trial release decisions. Said decisions shall be made by a

judicial officer at or before an initial hearing and are not restricted by any other provisions of the

Bail Schedule set out herein. All participants in pre-trial release under this subsection shall abide

by all conditions of Subsection G of LR34-CR00-Rule 30. BAIL SCHEDULE. Pre-trial release

decisions under this section shall be governed by the following provisions:

1. Eligible Defendants: Arrested individuals eligible for screening must voluntarily agree to

participate in the screening process and shall include all individuals arrested in Howard County

for non-violent misdemeanor and/or felony offenses excluding:

a) Offenses listed in Ind. Code 35-50-1-2, 11-8-8-4.5, and/or 11-8-8-5;

b) offenses ineligible for direct placement on a community corrections program, and or

offenses of Escape or Failure to Return to Lawful Detention;

c) Any Defendant currently on parole, probation, or pre-trial release for an offense

prohibited by this rule;

d) Any felony enhanced by the general Habitual Offender Statute;

e) Any offender currently subject to the jurisdiction of any problem-solving court.

2. Screening Procedure: Screeners shall be employees of Howard County Probation and/or

Howard County Community Corrections and shall perform screening on all newly arrested

Eligible Defendants in the Howard County Jail. The Screening process may include a pre-trial

questionnaire, the Pre-Trial IRAS, the Brief Jail Mental Health Screen, the Correctional Mental

Health Screen, and/or other evidence base screening approved by the Magistrate or Elected

Judicial Officers of Howard County. The screeners shall prepare a Risk Report which may

include answers to the pre-trial questionnaire, the results of any evidence-based screening tools,

criminal history information, and/or failure to appear history. Said report shall be discoverable to

the parties but shall not be accessible to the public.

3. Admissibility: Pursuant to Rule 26 of the Indiana Rules of Criminal Procedure, except as

outlined in Rule 26 (D)(2) of the Indiana Rules of Criminal Procedure, evidence of an arrestee’s

statements and evidence derived from those statements made for use in preparing the pre-trial

questionnaire, any of the assessment tools outlined herein, and/or the Risk Report are not

admissible against the arrestee, in any criminal or civil proceeding, and may not be used in any

other court except in a pretrial proceeding. The screening tools administered to the Eligible

Defendants outlined herein shall not be disclosed to the parties without a court order, shall be

maintained by Howard County Community Corrections, and may be destroyed one (1) year after

the Defendant’s release from the Pre-Trial Program.

4. Scope of Program: Release conditions may include: release on a Defendant’s own

recognizance, with or without additional conditions; placement on Howard County Community

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Corrections; cash, surety, or property bond; and/or any other conditions of bail, bond, or pre-trial

release authorized by law.

5. Violations: Violations of any conditions of pre-trial release in this program shall be addressed

by the filing of a written motion of the violation, prepared by any agency supervising the

Defendant’s Pre-trial release, in the court where the Defendant’s case is pending. Upon filing of

said written notice, the State may file a written notice to revoke or modify any conditions of the

Defendant’s pre-trial release. The State may file a motion to revoke or modify pre-trial release

irrespective of the filing of any written notice. Nothing in this Rule shall be read to limit the

Court’s legal authority to address violations, issue warrants, modify conditions, and/or revoke

release consistent with all applicable rules of law and procedure. The State may file a motion

seeking to have pre-trial release revoked upon filing of any notice from Howard County

Community Corrections or without notice.

6. Purpose: The purpose of the Pre-Trial Release Program outlined herein is to assess the risk

posed by the release of individuals booked into the Howard County jail on a criminal charge, to

set appropriate conditions and supervision of those who are released under the authority of the

program, and to promote earlier identification of individuals suffering from mental health and/or

addictions.

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LR34-SC00-31

SMALL CLAIMS RULE

In Small Claims cases, attorneys of record are responsible for providing a proposed Order

on all matters submitted where an Order is appropriate. The proposed Order may be at the

bottom of the document submitted.

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LR34-SC9-32

CONTINUANCES IN SMALL CLAIMS CASES

Motions to Continue will normally be granted only if the request indicates the position of

the adverse party in regard to the continuance.

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LR34-SC8-33

SMALL CLAIMS HEARINGS

The first hearing date, as shown on the Notice of Claim, will generally be set for trial. If

the Defendant fails to appear at this first setting, a default judgment may be requested.

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LR34-AR00-34

PROBLEM-SOLVING COURT FEES

Participants of any Howard County Problem-Solving Court shall pay fees as follows:

1. For Supervision: in accordance with the current Probation, In-Home Detention,

Community Transition Program or Work Release Program supervision fee schedule.

2. For Participation: fees in the amount of fifty dollars ($50.00) per month, not to exceed

five hundred dollars ($500.00) which shall cover program fees, including but not limited to:

a. Offender assessment;

b. Judicial involvement;

c. Case management;

d. Program evaluation;

For Services provided by affiliated treatment providers, in accordance with their respective

fee schedules.

Any or all of said fees may be waived, by the Problem-Solving Court in its sole

discretion, as an “incentive award” for an individual participant.

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LR34-AR00-35

ALCOHOL AND DRUG SERVICES FEES

Those persons directed to participate in the Howard County Courts Alcohol and Drug

Services program shall fees in accordance with the following schedule:

Whole program $400.00

Transfer fee (to another county, no evaluation) $50.00

Evaluation only $100.00

Transfer in (no evaluation, Level I education) $100.00

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LR34-TR32-36

DEPOSITIONS

A. VIDEOGRAPHIC DEPOSITIONS:

A transcript of the videographic testimony shall be tendered to the Court when the

deposition is offered into evidence. Any party may view a videographic deposition in the custody

of the Court only upon order of the Court.

B. DEPOSITIONS OF EXPERTS:

All depositions of experts shall be admissible at trial unless objection to the admissibility

be given in writing five (5) days prior to the taking of said deposition or within ten (10) days

subsequent to notice of the deposition, whichever deadline occurs first. A copy of the notice shall

be tendered to the reporter at the time of taking the deposition for inclusion with the deposition.

In the absence of such written notification, the deposition of an expert may be admitted by

stipulation. The presence of the expert within the limits of the subpoena area shall not be

grounds, in and of itself, for the inadmissibility of the deposition at trial. Notwithstanding the

above, either party may subpoena such expert for the trial.

C. COPY OF DEPOSITION:

Any party or counsel to an action may obtain a copy of a deposition on file with the Clerk

of the Court upon tender of a receipt showing payment to the deposing party of 50% of the cost

of said deposition. In addition, the requesting party of counsel shall tender to the Clerk the

present statutory rate per page for the copying service.

D. MANNER OF RECORDING:

In order to avoid the costs, associate with reporter transcribed depositions, digital

recording and distribution of an electronic audio or video file shall be an acceptable method for

the taking of depositions, however a party may object to the same by motion and request a

hearing to present evidence as to why a reporter should be required.

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