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Ind. County Local Rule: jackson-local-rules

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activein force · 2025-01-01 – presentcompiled-edition

JACKSON COUNTY INDIANA LOCAL COURT RULES

RULES SUPPLEMENTING INDIANA RULES OF TRIAL PROCEDURE

Effective January 1, 2025

TABLE OF CONTENTS

RULES OF TRIAL PROCEDURE

TITLE II – COMMENCEMENT OF ACTION; SERVICE OF PROCESS,

PLEADINGS, MOTIONS AND ORDERS

Ind. Trial Rule 3.1 Appearance

LR36-TR3.1-1: Leave to Withdraw Appearance....................................................... 5

LR36-TR00-TR-2: Automatic Withdrawal of Appearance....................................... 5

Ind. Trial Rule 5 Service and Filing of Pleading and Other Papers

LR36-TR5-2: Special Provisions Regarding Filing Documents................................ 5

LR36-TR5-3: Time for Ruling................................................................................... 5

TITLE III – PLEADINGS AND MOTIONS

Ind. Trial Rule 10 Form of Pleading

LR36-TR10-1: General Rules for the Format of Pleadings, Motions & Papers........ 6

LR36-TR10-2: Special Rules for the Format of Pleadings with Special Judges....... 6

LR36-TR10-3: Prepared Entries................................................................................ 6

TITLE V – DEPOSITIONS AND DISCOVERY

Ind. Trial Rule 26 Filing Notice of Discovery in CT Cases

LR36-TR26-2: Disclosure of Expert Witness Testimony......................................... 7

Ind. Trial Rule 33 Interrogatories to parties

LR-36-TR33-1: Interrogatory Limitations................................................................. 7

TITLE VI – TRIALS

Ind. Trial Rule 40 Assignment of cases for trial

LR-36-TR40-1: Assigning Cases for Trial................................................................. 7

LR-36-TR40-2: Mediation Requirements in Civil Cases.......................................... 7

LR-36-TR40-3: Settlement and Removing the Case from the Docket...................... 7

Ind. Trial Rule 41(E)

LR36-TR41(E)-1: Suggestion of Bankruptcy............................................................ 7

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Ind. Trial Rule 53.5 Continuances

LR36-TR53-5.1: General Requirement for Motions for a Continuance................... 8

LR36-TR53-5.2: Exceptions to General Requirements for Continuance Motions…8

Ind. Trial Rule 69

LR36-TR69-1: Proceedings Supplemental................................................................9

TITLE IX – TRIAL COURTS AND CLERKS

Ind. Trial Rule 72 Trial Court and Clerks

LR36-TR72-1: Court Hours.......................................................................................9

TITLE X – VENUE, CHANGE OF VENUE, CHANGE OF JUDGE

Ind. Trial Rule 76 Change of venue

LR36-TR76-1: Assigning a Court for Cases Transferred to this County...................9

Ind. Trial Rule 77 Court records

LR36-TR77-1: Costs for Obtaining Copies of any Pleading or Order......................9

LR36-TR77-2: Removal of Original Pleadings, Papers, and Records.......................9

Ind. Trial Rule 79 Assignment of Civil Cases

LR36-TR79-1: Selection of Special Judges.............................................................. 10

LR36-TR79-2: Forwarding of Materials to Special Judges...................................... 10

No Indiana Rule

LR36-TR00-TR-1: Pro Se Litigant Responsibilities..................................................10

TITLE XI- FAMILY LAW RULES

No Indiana Rule

LR36-TR00-FL-1: Family Court Project Rules.........................................................10

LR36-TR00-FL-2: Witness and Exhibit Exchange....................................................12

LR36-TR00-FL-3: Marital Balance Sheet.................................................................12

LR36-TR00-FL-4: Parenting Class Requirements.....................................................12

LR36-TR00-FL-5: Continuances...............................................................................12

LR36-TR00-FL-6: General Rules..............................................................................12

LR36-TR00-FL-7: Automatic Withdrawal of Appearance........................................ 14

RULES OF CRIMINAL PROCEDURE

No Indiana Rule Miscellaneous Rules

LR36-CR00-1: Bond Schedule..................................................................................14

LR36-CR00-2: Reciprocal Pre-Trial Discovery.........................................................16

LR36-CR00-3: Plea Agreement Deadlines in Felony Cases......................................17

LR36-CR00-4: Presence at Initial Hearing................................................................17

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LR36-CR00-5: Detention in Battery and Domestic Violence Cases......................... 17

LR36-CR00-6: Automatic Withdrawal of Appearance.............................................. 18

Ind. Rule of Crim. Proc. 2.1 Appearance

LR36-CR2.1-1: Leave to Withdraw Appearance....................................................... 18

Ind. Admin.Rule 21 Assignment of Cases

LR36-AR21: Criminal Case Reassignment........................................................... 18

SMALL CLAIMS RULES

Ind. Small Claims Rule 2 Trial Dates

LR36-SC2(B)-1: Trial Dates...................................................................................... 18

Ind. Small Claims Rule 11 Judgment

LR36-SC11(C)-1: Proceedings Supplemental........................................................... 18

LR36-SC11(C)-2: Payment Agreement.....................................................................

18 LR36-SC11(C)-3: Writs of Attachment...............................................................18

LR36-SC11(C)-4: Suggestion of Bankruptcy........................................................... 19

LR36-SC11(C)-5: Automatic Withdrawal of Appearance......................................... 19

ADMINISTRATIVE RULES

No Indiana Rule Miscellaneous Rules

LR36-AR00-1: Appropriate Attire for Attorneys..................................................... 19

LR36-AR00-2: Judges and Presiding Judge............................................................. 19

LR36-AR00-3: Judicial Referee................................................................................ 19

LR36-AR00-4: Probation Department...................................................................... 20

Ind. Admin. Rule 1 Case Allocation

LR36-AR1(E)-1: Case Allocation.............................................................................. 20

Ind. Admin. Rule 7 Judicial Retention Schedules

LR36-AR7-1: Evidence Handling, Retention and Destruction.................................. 20

Ind. Admin. Rule 11 Paper Size

LR36-AR11-1: Paper Size and Filings....................................................................... 22

Ind. Admin. Rule 12 Facsimile Transmission

LR36-AR12-1: Fax Filings Not Accepted… ............................................................ 22

Ind. Admin. Rule 15 Court Reporters

LR36-AR15-1: Compensation of Court Reporters.................................................... 22

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Ind. Admin. Rule 16 Electronic Filing

LR36-AR16-1: Electronic Filing Not Accepted........................................................ 23

DE NOVO RULES

LR36-DN00-1: Security Guidelines...........................................................................24

LR36-DN00-2: Jackson County Alcohol and Drug Court Services Program Fees…...24

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RULES OF TRIAL PROCEDURE

TITLE II – COMMENCEMENT OF ACTION; SERVICE OF PROCESS,

PLEADINGS, MOTIONS AND ORDERS

LR36-TR3.1-1: Leave to Withdraw Appearance

(a) Motion to Withdraw. All withdrawals of an appearance must be made in the form of

a motion filed with the Court. Permission to withdraw is at the discretion of the Court.

(b) Form of Motion. Motions shall comply with Indiana Rules of Trial Procedure 3.1(H).

Failure to conform to this rule may result in the denial of the motion to withdraw as

counsel. The Court, in its discretion, may decide to grant the motion notwithstanding

an attorney’s failure to comply with this rule.

(c) Rules of Professional Conduct. All withdrawals of appearance shall comply fully

with the provisions of the Rules of Professional Conduct.

LR36-TR00-TR-2: Automatic Withdrawal of Appearance

In all plenary docket cases an attorney’s appearance in the case shall automatically

be deemed withdrawn thirty-five (35) days after the entry of judgment. (Effective

April 1, 2018)

LR36-TR5-2: Special Provisions Regarding Filing of Pleadings, Motions, and Other

Papers

(a) Special Judge. When a special judge is selected, a copy of all pending pleadings,

motions, and other papers must be mailed or delivered to the office of the special

judge with a certificate of forwarding attached and made a part of the original papers.

All proposed orders must be forwarded to the special judge as well.

(b) Filing by Mail. When pleadings, motions, or other papers are sent by mail for filing

with the Court, the filing attorney or party must include a self-addressed, stamped

envelope for the return of documents to the attorney or party. If there are any

deficiencies in the pleading, motion, or paper that precludes filing, the Clerk is not

responsible for such deficiencies. The Clerk and the Court are under no obligation to

inform the filing attorney or party of any deficiencies or to correct any deficiencies.

(c) Filing by Facsimile Transmission. Pleadings, motions, or other papers may not be

filed by facsimile transmission.

(d) Case Numbers. Except for the initial pleading (Complaint, etc.), no pleadings shall

be accepted by the Clerk or the Court unless it has a Case Number placed in at least

twelve (12) point type prominently on the face of the pleading.

LR36-TR5-3: Time for Ruling

Any motion, pleading or paper which requires a ruling will be held for seven (7) working

days from the file date. If no response is filed by an opposing party within the said seven

(7) days, the Court will act upon the assumption that no response will be filed. This rule

does not apply in situations which require immediate action or where an Ind. Trial Rule

directs otherwise.

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TITLE III – PLEADINGS AND MOTIONS

LR36-TR10-1: General Rules for the Format of Pleadings, Motions, and Other Papers.

(a) Paper Size, Line Spacing and Margins. All pleadings, motions, and other papers

filed with the Court which are to be retained by the Court must;

(1) Use white, opaque paper (except those filed on green paper to conform to

Administrative Rule 9);

(2) Use 8 ½ by 11-inch paper;

(3) Be spaced 1.5, if more than one page when single-spaced. Quotations may be

single-spaced if they are indented. Headings and footnotes may be single-spaced;

(4) Have one-inch margins on all four sides. Page numbers may be placed in the

margins, but no other text may appear there;

(5) Be printed only on the front side of the sheet; and

(6) Include page numbers that are centered in the bottom margin of each page.

(b) File Stamp Space. All pleadings shall allow sufficient blank space to the right of the

case title to allow the clerk to file stamp the pleading without stamping over the

caption or case number. The space shall be a minimum of three inches width and two

and one-half inch height.

(c) Type Styles. All pleadings, motions, and other papers filed with the Court must be

legibly printed in non-cursive or be typed using:

(1) A plain style font;

(2) 10 point font;

(3) Black-colored font, and,

(4) Contain italics or underlines for case names or where otherwise appropriate

according to the Uniform System of Citation. Italics and underlines may also

be used for emphasis.

LR36-TR10-2: Special Rules for the Format of Pleadings with Special Judge

Presiding

Special Judge. If the case is before a special judge, all pleadings, motions, and other

papers shall contain the following to the right of the case title:

“BEFORE SPECIAL JUDGE _______________”

LR36-TR10-3: Prepared Entries

Entries (Orders) prepared by parties or their counsel are not to be placed on the same

document as is the underlying Motion or Petition unless said underlying Motion or

Petition is one page in length and the Entry can be placed on that same page. If the Entry

cannot be placed on the one page, then said Entry is to be placed on a separate sheet of

paper and captioned as an Order.

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TITLE V – DEPOSITIONS AND DISCOVERY

LR36-TR26-2: Disclosure of Expert Testimony in CT Cases

(a) Disclosure of Identity. Each party shall disclose to other parties the identity of any

person who may be used at trial to present evidence under Rules 702, 703, or 705 of

the Indiana Rules of Evidence.

(b) Written Report. Except as otherwise stipulated or directed by the Court, this

disclosure shall, with respect to a witness who is retained or specially employed to

provide expert testimony in the case or whose duties as an employee of the party

regularly involve giving expert testimony, be accompanied by a written report

prepared and signed by the witness. The report shall contain a complete statement of

all opinions to be expressed and the basis and reasons therefore, the data or other

information considered by the witness in forming the opinions; any exhibits to be

used as a summary of or support for the opinions; the qualifications of the witness,

including a list of all publications authored by the witness within the preceding ten

years; the compensation to be paid for the study and testimony; and a listing of any

other cases in which the witness has testified as an expert at trial or by deposition

within the preceding four years.

TITLE VI – TRIALS

LR36-TR40-1: Assigning Cases for Trial

A case shall be assigned for trial and placed upon the trial calendar by the Court upon

written request of a party and notice to all other parties. Except in Small Claims, such

request must:

(1) Contain the type of trial or hearing requested (e.g., jury trial, bench trial);

(2) Contain a good-faith estimate of the time needed for the trial or hearing;

(3) State when it is expected that all parties will be prepared for trial.

LR36-TR40-2: Mediation Requirements in Civil Cases

All Civil cases which will require more than three (3) hours of trial time are required to

complete mediation unless written waiver is granted by the Court. In the event that the

parties request a trial setting of two hours or less and the hearing has not concluded within

the time allotted, then the Court shall recess the trial and refer the matter to mediation. In

its discretion, the Court may hear the balance of the evidence without resort to mediation.

LR36-TR40-3: Settlement and Removing the Case from the Docket

Counsel for the parties shall be responsible for notifying the appropriate Court

immediately upon settlement of a case so that the docket can be cleared and a new case

set therein.

LR36-TR41(E)-1: Suggestion of Bankruptcy

(a) Filing. A Party shall file a suggestion of bankruptcy whenever a party believes that

the bankruptcy or automatic stay provisions of the United States Bankruptcy Code has

an effect on a case in the Courts of Jackson County. The suggestion of

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bankruptcy shall include the name of the court in which the bankruptcy was filed and

the bankruptcy case number.

(b) Service. Each party to the case and the special judge, if any, shall be served in

accordance with Ind. Trial Rule 5.

(c) Trustee. The identity and address of the bankruptcy trustee shall be disclosed, with

instructions on the disposition of any monies of the debtor held by the Clerk, if

known at the time of filing.

(d) Period of Stay. Upon the filing of a suggestion of bankruptcy, all action against the

debtor shall be stayed for one hundred and twenty (120) days unless otherwise

ordered by the Court.

(e) Duty of Plaintiff. Within one hundred and twenty (120) days of the filing of the

suggestion of bankruptcy, the Plaintiff shall file proof that the lawsuit in question is

not subject to the bankruptcy or that the Plaintiff has sought relief from the automatic

stay. Failure to do so shall result in a dismissal of the suit without prejudice.

LR36-TR53-5.1: General Requirements for Motions for a Continuance

(a) Scheduling Conflicts. See LR36-TR53-5.2(b)

(b) Time. In order for a motion for a continuance to be considered by the Court, it

must be filed:

(1) At least seven (7) days before the court trial or hearing to which the

motion pertains, or

(2) At least 10 days before the jury trial to which the motion pertains; or

(3) As controlled by a pretrial conference order.

(c) Information in Motion. Motions for a continuance shall contain the following

information:

(1) The date and time of the hearing or trial for which a continuance is being

sought;

(2) A good-faith estimate of the time needed for such hearing or trial when

rescheduled;

(3) The date and time opposing counsel was notified that the party would be

seeking a continuance; and

(4) Whether opposing counsel agrees with or objects to the request.

LR36-TR53-5.2: Exceptions to the General Requirements for Motions for a

Continuance

(a) Domestic Matters. For all domestic matters involving final hearings, modifications,

or contested contempt citations in Dissolution or Paternity cases, a motion for

continuance upon agreement by all the parties must be signed by the attorneys for

both parties with a verification that each attorney has consulted with his or her client

concerning the requested continuance. Failure to have both attorneys sign the motion

may result in the denial of the motion by the Court. The Court in its discretion may

grant the motion notwithstanding the lack of a party’s signature.

(b) Conflicting Trials in Other Courts. When counsel for a party requests a continuance

because he or she has a conflicting trial scheduled in another court, the motion for a

continuance must be filed within twenty-one (21) days after the case in this Court is

set for trial or hearing. The motion must also state the name and case number of the

other case, as well as the date that the other court set the conflicting case for trial.

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Failure to timely file may result in a denial of the motion for a continuance. The

Court, in its discretion, may choose to grant the motion notwithstanding the lack of

timely filing under exceptional circumstances.

LR36-TR69-1: Proceedings Supplemental

A Petition for Proceedings Supplemental may only be filed once in every twelve months.

Provided however, if the judgment creditor has evidence of a substantial change in

financial circumstances of the judgment debtor, the creditor may file a verified petition

setting forth the change, with a request for hearing. The Court will review the petition and

enter an appropriate order.

(As adopted effective April 1, 2015)

TITLE IX – TRIAL COURTS AND CLERKS

LR36-TR72-1: Court Hours

(a) Hours of Operation. The Jackson County Courts shall be open to the public to

conduct business Monday through Friday, legal holidays excluded, from 8:00 A.M.

until 4:30 P.M.

(b) Exception to Hours of Operation. When staff meetings are necessary or when

unforeseen circumstances occur, the judge of the Court in question may direct court

closings for a specified time or for the day. The Court shall make a reasonable effort

to notify litigants scheduled for court that day.

TITLE X – VENUE, CHANGE OF VENUE, CHANGE OF JUDGE

LR36-TR76-1: Assigning a Court for Cases Transferred to this County

When a case is transferred to this county under a change of venue from the County, the

Clerk of the Court shall docket the case in the same manner as a newly filed case in the

County.

LR36-TR77-1: Costs for Obtaining Copies of any Pleading, Order, or Recording

(a) Pleadings and Orders. On the application of any person, the Jackson County Clerk

shall make copies of any non-confidential pleading or order in the Clerk’s custody at

the expense of the person so requesting the same.

(b) Recordings. On the application of any person, the court reporter of a Court shall make

copies of any non-confidential recording in the court reporter’s custody at the expense

of the person so requesting the same. The person requesting a recording must make the

request in writing.

(c) Payment in Advance. All costs shall be paid in advance or at the time of receipt of the

copied pleading or order. All costs shall be paid in advance for copied recordings.

LR36-TR77-2: Removal of Original Pleadings, Papers, and Records

No person shall withdraw any original pleading, paper, or record from the custody of the

Clerk of the Court or other officer of the Court except upon the order of the judge of the

Court.

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LR36-TR79(H)-1 Special Judge Appointment in Civil Case

In the event a special judge appointment is necessary under Trial Rule 79(H), the Clerk or

the Deputy Clerk of the court where the case is pending shall first assign the case to one

of the other Jackson County Judges on a rotating basis, and if neither judge is able to

serve due to reasons set forth in TR 79(H), then the Clerk shall appoint on a rotating basis

a special judge from the following list of presiding judges in the respective courts:

Bartholomew Brown Circuit Decatur Jennings

Circuit Court Circuit Court Circuit Court Circuit Court

Superior Court 1 Magistrate Superior Court Superior Court

Superior Court 2 Magistrate Magistrate

Magistrate Juvenile

Magistrate

If the judge selected to serve is disqualified or is excused from service, then the sitting

judge in cases other than recusal or disqualification, and the clerk of the court in cases

where there is a recusal or disqualification by the sitting judge, shall appoint the next

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

particular circumstances in the case so warrant, the then sitting judge in the case shall

certify the matter to the Indiana Supreme Court for the appointment of a special judge

pursuant to TR79(H)(3).

(As amended effective September 1, 2022)

LR36-TR79-2: Forwarding of Materials to Special Judge

After a special judge has accepted jurisdiction, a copy of the Chronological Case

Summary shall be mailed or delivered to the office of that special judge by the Court.

LR36-TR00-TR-1: Pro Se Litigant Responsibilities

The Court cannot treat pro se litigants differently than it treats persons represented by an

attorney. The Court and staff cannot assist litigants in a way that would put the other side

at a disadvantage. The Court cannot talk to litigants about the case without the other party

being present. In many cases, the Court cannot act upon a letter from litigants. The court

will comply with the Indiana Code of Judicial Conduct Rule 2.2.

TITLE XI- FAMILY LAW RULES

LR36-TR00-FL-1: Family Court Project Rules

(a) Definitions:

(1) Family Court. “Family Court” is the court or courts before which cases

involving a family or household are linked together for purposes of case

coordination. The individual cases maintain their separate integrity and

separate docket number, but may be given a common family court

designation. The individual cases may all be transferred to one judge, or may

remain in the separate courts in which they were originally filed.

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(b) Family Court Proceeding. A “Family Court Proceeding” is comprised of the

individual cases of the family or household which have been assigned to Family

Court Rules:

(1) Exercise of Jurisdiction. The Family Court may exercise jurisdiction over

any case involving the family at the same time it exercises jurisdiction over a

juvenile case (Child In Need of Services, Delinquency, Status, and Paternity)

involving the family.

(2) Concurrent Hearings. The Family Court may, in the court’s discretion, set

hearings on related cases to be heard concurrently, take evidence on the

related cases at these hearings, and rule on the admissibility of evidence for

each cause separately as needed to adequately preserve the record for appeal.

This rule applies only when the cases are pending before the same judicial

officer.

(3) Designation of Family Court and Change of Judge for Cause. Once notice

is sent to the parties that a case has been selected for Family Court, no motion

for change of venue from the judge may be granted except to the extent

permitted by Indiana Trial Rule 76.

Within ten (10) days after notice is sent that a case has been selected for

Family Court, a party may object for cause to the Family Court

designation.

A motion for change of venue from the judge in any matters arising in the

Family Court proceeding or any future cases joined in the Family Court

proceeding after the initial selection of cases, shall be granted only for

cause.

If a special judge is appointed, all current and future cases in the Family

Court proceeding may be assigned to the special judge.

(4) Judicial Notice and Access to Records.

i. Notice of Case Assignment. Within a reasonable time after a case is

assigned to Family Court, the court shall provide to all parties in the

Family Court proceeding a list of all cases that have been assigned to that

Family Court proceeding.

ii. Judicial Notice. Any court having jurisdiction over a case assigned to

Family Court may take judicial notice of any relevant orders or

Chronological Case Summary (CCS) entry issued by any Indiana

Circuit, Superior, County, or Probate Court. If a court takes judicial

notice of:

a court order, the court shall provide a copy of that court order; or

a CCS or CCS entry(s), the court shall provide a copy of the entire

CCS.

The court shall provide copies of the order or CCS to the parties

to the case at or before the time judicial notice is taken.

iii. Access to Records. Parties to a Family Court proceeding shall have

access to all cases within the Family Court proceeding, with the

exception of confidential cases or records to which they are not a party.

Parties may seek access to the confidential cases or records in another

case within the Family Court proceeding in which they are not a party, by

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written petition based on relevancy and need. Confidential records shall

retain their confidential status and the Family Court shall direct that

confidential records not be included in the public record of the

proceedings.

LR36-TR00-FL-2: Witness and Exhibit Exchange

In all contested Family Law cases except for provisional hearings, counsel for the parties

are to exchange names and addresses of all witnesses as well as actual copies of all

exhibits at least seven (7) days prior to trial. They are further ordered to file the list of

witnesses and exhibits with the Court at least seven (7) days prior to trial. Failure to

include a witness or exhibit shall preclude the witness from testifying or the exhibit from

being introduced, unless the Court waives such requirement for good case shown.

LR36-TR00-FL-3: Marital Balance Sheet

In all contested Dissolution of Marriage cases, counsel for the parties are to file with the

Court a marital balance sheet, including date-of-filing asset values and debt values, as well

as a proposed property and debt division. Said documents are to be filed at least seven (7)

days prior to trial. Failure to comply shall subject the non-complying party to sanctions.

LR36-TR00-FL-4: Parenting Class Requirements

(a) Parenting Classes. All parents who are seeking custody or parenting time with their

minor children in Dissolution of Marriage and Paternity actions are required to attend

a parenting class prior to the final hearing on the case. Said parenting class shall be

“Children First” or an equivalent thereto.

(b) Notification of Clients. All attorneys who represent parties with minor children in

Dissolution of Marriage or Paternity actions shall notify their client of this requirement

within seven (7) days of entering their appearance in the case. An attorney who fails to

notify their client of this requirement may be sanctioned.

LR36-TR00-FL-5: Continuances

See LR36-TR53-5.2(a).

LR36-TR00-FL-6: General Rules

(a) Ex Parte Temporary Restraining Orders. Pursuant to Ind. Code 31-15-4-7 and

Trial Rule 65(E), if a party files the appropriate affidavit and Motion For a Temporary

Restraining Order, the Court will issue an order that complies with Ind. Trial Rule

65(E)(2).

(b) Protective Orders. Pursuant to Ind. Code 31-15-5-1, either Party may also request a

Protective Order.

(c) Emergency Provisional Hearings. If a provisional hearing is set and the other party

moves for a change of venue from the judge, the Court will consider that the matter is

an emergency and the hearing will remain on the docket. The hearing will then be

held in a bifurcated fashion and the party seeking the provisional order must show

that an emergency exists. If there is no showing that an emergency exists, then the

second part of the hearing will not take place. The Court will generally consider the

need for support or maintenance as an emergency.

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(d) Court Costs. If court costs are initially waived, they may be addressed at the

Provisional Hearing and/or the Final Hearing at the discretion of the Court.

(e) Required Language in Every Decree

(1) Tax Exemptions. If a non-custodial parent is granted a child as a dependent for

their income taxes, the Decree shall state: “X shall be entitled to claim C as a

dependent on his/her state and federal income taxes so long as he/she is current

in child support obligations as the end of said tax year. Y shall execute and

return to X the necessary tax documents, upon receipt from him/her, on or

before January 31st after the close of said taxable calendar year.”

(2) Payment of Child Support through Withholding Orders.

Income Withholding Orders shall contain the following language. “The Court

having issued an Order, ordering X, SS # - -XXXX (place only the last four

numbers of Obligor’s Social Security number here) (hereinafter called “Support

Obligator”) to pay for the benefit of the parties’ minor child(ren) in the sum of

xxx Dollars ($x.00) per week, and the Court further having determined that said

Support Obligor is employed by Y, (address of Employer) (hereinafter called

“Income Payor”) and regularly receives income from said Income Payor.

And the Court orders that Income Payor, until further order of this Court, is to

withhold the following amount of x Dollars ($x.00) from Support Obligor’s

weekly check and forward same to the Indiana State Central Collection Unit,

P.O. Box 6219, Indianapolis, IN, 46206-6219 with Obligators Social Security

# - -XXXX (place only the last four numbers of Obligor’s Social Security

number here) and ISETS # posted on his check, each week.

Said Income Payor may also collect from Support Obligor, for the Income

Payor’s benefit and upon the decision of said Income Payor, the sum of Two

Dollars ($2.00) each time the Income Payor forwards money to the Jackson

County Clerk.

The Court further orders that this wage withholding order is binding upon the

Income Payor until further notice of the Court; that the Support Obligor may

recover One Hundred Dollars ($100.00) from the Income Payor in a civil action

if the Income Payor discharges, refuses employment, or disciplines the Support

Obligor because of this Order; that the Income Payor is liable for any amount

that the Income Payor fails to forward to the Clerk of the Jackson County

Courts; that this order has priority over any claim on the Support Obligor’s

income except claims for federal, state and local taxes; that said Income Payor

may combine payments hereunder with other payments for all Support Obligors

in one payment, provided, however, each portion of said payment is identified

for each said Support Obligor; that said Income Payor shall comply on a “first

come, first serve” basis for any competing withholding orders.

The Court further orders that said Income Payor shall implement the

withholding hereunder no later than the first pay period that accrues after

fourteen (14) days hereof; and that said Income Payor shall notify the Court if

said Support Obligor terminates his employment within ten (10) days thereof,

and shall provide the last known address of Support Obligor and name and

address of said Support Obligor’s new employer, if known.”

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(3) Payment of Child Support through Clerk’s Office. In each case where a

party pays child support through the Clerk of the Court, the Decree should

state:

“X” is ordered to pay $x.00 per week through the Office of the Jackson County

Clerk, Courthouse, Brownstown, IN. 47220, by cash, which payments are to

commence on the day of, 20, and be paid on or before each

Friday thereafter. X shall pay any yearly fees that are required by the Jackson

County Clerk’s Office.”

(f) Property Settlement Agreements. Property Settlement Agreements should not have a

line for the Judge to sign. The proposed Decree of Dissolution should contain language

which incorporates the Property Settlement Agreement into the Decree. The Courts

prefer and encourage the filing of a verified waiver of final hearing signed by both

parties which recites the jurisdictional requirements of the Indiana Code.

LR36-TR00-FL-7: Automatic Withdrawal of Appearance

In all dissolution of marriage or paternity cases an attorney’s appearance in the case shall

automatically be deemed withdrawn thirty-five (35) days after the entry of a dissolution

of marriage or paternity decree is entered in the case.

(Effective April 1, 2018)

RULES OF CRIMINAL PROCEDURE

LR36-CR00-1: Bond Schedule

The following schedule is established for bail bonds for the indicated classification of

offenses that occur after April 1, 2018. All amounts are subject to review and

modification by the Court in individual cases. The review and modification may come

before or after the information or indictment is filed.

If no information has been filed against a person arrested and held in custody for a

period of twenty-one (21) days from the date of arrest, regardless of whether probable

cause has been found by a judge, that person shall be released upon their own

recognizance. No bail bond shall be set in any felony matter except as determined by a

Judicial Officer at the Initial Hearing. The Court shall consider factors found in I.C. 35-

33-8-4 in setting appropriate bond in all cases.

If no Initial Hearing is conducted within ninety-six (96) hours of a person’s arrest

for a felony, the following shall be the amounts set for the bail bond, unless otherwise

ordered by the Court:

Felonies Charge Bond Amount Murder NO BOND

Level 1 or A $150,000.00 Surety or 10% cash

Level 2 $100,000.00 Surety or 10% cash

Level 3 or B $50,000.00 Surety or 10% cash

Level 4 $40,000.00 Surety or 10% cash

Level 5 or C $20,000.00 Surety or 10% cash

Level 6 or D $1,500.00 cash

Misdemeanors

The following Class A misdemeanors and no others: $700.00 Cash only

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1. Operating a motor vehicle while intoxicated as defined by I.C. 9-30-5-2;

2. Operating a motor vehicle with a blood alcohol concentration equivalent as defined

by I.C. 9-30-5-1;

3. Battery with injury as defined by I.C. 35-42-2-1;

4. Invasion of privacy as defined by I.C. 35-46-1-15.1;

5. Resisting law enforcement as defined by I.C. 35-44.1-3-1; and

6. Criminal trespass as defined by I.C. 35-43-2-2, with the exception of entering upon

agricultural property of another as defined by I.C. 35-43-2-2(5)(A).

7. Criminal mischief as defined by I.C. 35-43-1-2.

The following Class B misdemeanors and no others: $350.00 Cash only

1. Public intoxication as defined by I.C. 7.1-5-1-3.

2. Criminal mischief as defined by I.C. 35-43-1-2.

3. Disorderly conduct as defined by I.C. 35-45-1-3.

The following Class C misdemeanors and no others: $350.00 Cash only

1. Operating a motor vehicle while intoxicated as defined by I.C. 9-30-5-2; and 2.

Operating a motor vehicle with a blood alcohol concentration equivalent as defined by

I.C. 9-30-5-1.

Stalking and Domestic Battery

The bail bond in stalking and domestic battery cases, whether a Level 6 felony or a

misdemeanor, shall be $1,500.00 cash.

(Amended effective August 14, 2018)

Meaningful First Hearings/Bond Review

Whenever possible, an attorney from the Jackson County Public Defender’s

Office (JCPDO) shall attend Initial Hearings for in-custody criminal defendants.

However, the Court may complete an Initial Hearing whether or not an attorney from the

JCPDO attends. The attorney from the JCPDO is not the attorney of record for in-custody

criminal defendants, however he or she will appear on behalf of an in-custody criminal

defendant for the limited purpose of addressing the issue of bond.

Except for defendants being held without bond as a result of execution of a failure

to appear warrant, defendants being held without bond as the result of the execution of

warrant for alleged violation of probation, and defendants that have allegedly committed

a new offense whilst released on bond or on own recognizance release, a member of the

Jackson County Probation Department shall complete the Indiana Risk Assessment

System-Pretrial Assessment Tool (IRAS-PAT) on in-custody criminal defendants unable

to make bond after 48 hours and shall e-file same as a confidential document.

Before the completion of the Initial Hearing, the Court shall inquire with the

attorney from the JCPDO if he or she wishes to be heard regarding Bond. The Court shall

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consider the IRAS-PAT, in addition to the other requirements of the Indiana Code 35-33-

8 et seq. in determining the appropriate bond, conditions of bond, or release on own

recognizance.

LR36-CR00-2: Reciprocal Pre-Trial Discovery

(a) How Made. In all criminal cases, mandatory reciprocal pre-trial discovery must be

furnished by the State within thirty (30) days of the date of the earlier of the omnibus

date or the appearance by an attorney on behalf of the defendant and the defendant’s

pre-trial discovery must be made within 30 days after the State’s production.

(b) State’s Mandatory Obligations. The State must furnish the following to the defendant

or the attorney for the defendant as though a Request For Production was filed:

(1) The names, last known addresses, and telephone number of persons whom the

State may call as witnesses, together with their relevant written or recorded

statements;

(2) Any written or recorded statements and the substance of any oral statements

made by the accused or by a co-defendant, and a list of any witnesses to the

making or acknowledgment of such statements;

(3) Any reports or statements of experts, made in connection with the particular

case, including the results of physical or mental examinations and of scientific

tests, experiments or comparisons;

(4) Any books, papers, documents, photographs or tangible objects which the

prosecuting attorney intends to use in the hearing, or trial, or which were

obtained from or belong to the accused;

(5) Any record of prior criminal convictions which may be used for impeachment

of the persons whom the State intends to call as witnesses at the hearing or

trial;

(6) The terms of any agreements made with co-defendants or other State’s

witnesses to secure their testimony;

(7) Any material or information within the State’s possession that tends to negate

the guilt of the accused as to the offense charged or would tend to reduce the

defendant’s punishment.

(c) Defendant’s Mandatory Obligations. The defendant must furnish to the State the

following materials as though a Request For Production was filed:

(1) The names, last known addresses, and telephone numbers of the persons

whom the defendant intends to call as witnesses along with their relevant

written or recorded statements, and any record of prior criminal convictions of

such witnesses, if known;

(2) Any books, papers, documents, photographs, or tangible objects the defendant

intends to use as evidence or for impeachment at hearing or trial;

(3) Medical, scientific, or expert witness evaluations, statements, reports, or

testimony, which may be used at hearing or trial.

(d) Defendant’s Obligations upon Request of the State. Upon request by the State, the

defendant must produce the person of the accused, subject to constitutional and

statutory limitations, for purposes of:

(1) Appearing in a line-up;

(2) Speaking for identification by witnesses to an offense;

(3) Being fingerprinted;

16

(4) Posing for photos not involving reenactment of a scene;

(5) Tying on an article of clothing;

(6) Permitting samples of blood, hair, buccal swabs, or other materials of his

body, which involve no unreasonable intrusion;

(7) Providing a sample of the defendant’s handwriting; and

(8) Submitting to a reasonable physical or medical inspection of the defendant’s

body.

(e) Reasonable Notice. Whenever the person of the accused is required for the foregoing

purposes, reasonable notice shall be given by the State to the accused and his counsel,

who shall have a right to be present.

LR36-CR00- 3: Plea Agreement Deadlines in Felony Cases

(a) Plea Bargain. A “Plea Bargain” is defined as an offer by the State to the

defendant that sets parameters on the sentence that the Court can impose if

accepted by the defendant and approved by the Court.

(b) Change Bargain. A “Charge Bargain” is defined as an offer by the State to the

defendant that dismisses certain Counts and/or cases, or reduces the charge to a

lesser-included offense.

(c) Offers in Felony cases:

(1) The State shall notify the defendant in writing at least seven (7) days prior

to the pretrial conference of any plea or charge bargain it is offering to the

defendant.

(2) Counsel for the defendant shall notify the defendant of each plea offer

extended to the defendant and shall be prepared to notify the Court at the

final pretrial conference as to whether the defendant shall accept or reject

the standing offer.

(3) The Court will not accept a plea agreement after the plea deadline.

LR36-CR00-4: Presence at Initial Hearing

In all Level 5 or C Felony or higher cases and all driving felony cases, the defendant is

ordered to be present at the initial hearing. In all other Level 6 or D felony and

misdemeanor cases the defendant is required to be present at the initial hearing unless a

Waiver is filed, signed by the defendant and his attorney.

LR36-CR00-5: Detention in Certain Types of Cases

An individual arrested with or without a warrant for Battery, Sexual Battery, Domestic

Battery, Invasion of Privacy or Stalking shall be detained for twenty-four (24) hours or

until appearance in Court, whichever is earlier. Twenty-Four (24) hours following the

arrest, the arrestee may post the appropriate bond set for the offence.

LR36-CR00-6: Automatic Withdrawal of Appearance

In all criminal cases, except for the prosecutor, an attorney’s appearance in the case shall

automatically be deemed to be withdrawn thirty-five (35) days after the conclusion of the

pending action by plea or verdict and sentencing or a finding of not guilty. (Effective April

1, 2018)

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LR36-CR2.1-1: Leave to Withdraw Appearance

(a) Motion to Withdraw. All withdrawals of an appearance must be made in the form of

a motion filed with the Court. Permission to withdraw is at the discretion of the Court.

(b) Form of Motion. Motions shall comply with Indiana Rules of Trial Procedure

3.1(H). Failure to conform to this rule may result in the denial of the motion to withdraw as

counsel. The Court, in its discretion, may decide to grant the motion notwithstanding an

attorney’s failure to comply with this rule.

(c) Rules of Professional Conduct. All withdrawals of appearance shall comply fully

with the provisions of the Rules of Professional Conduct.

LR36-AR21: Criminal Case Reassignment

In any criminal proceeding in the Jackson Circuit or Superior Courts when a change of

judge is granted, or it becomes necessary to assign another judge, the case shall be

reassigned to a full-time judicial officer from either a contiguous county or from the

judicial district. Each regular sitting judge shall maintain a list of all eligible special

judges.

SMALL CLAIMS RULES

LR36-SC2(B)-1: Trial Dates

The date set in the Notice of Claim is the trial date unless otherwise ordered by the Court.

Parties and counsel are to be prepared to try the case on the date set in the Notice of

Claim.

LR36-SC11(C)-1: Proceedings Supplemental

A Petition for Proceedings Supplemental may only be filed once in every twelve months.

Provided however, if the judgment creditor has evidence of a substantial change in

financial circumstances of the judgment debtor, the creditor may file a verified petition

setting forth the change, with a request for hearing. The Court will review the petition and

enter an appropriate order.

LR36-SC11(C)-2: Payment Agreements

Payment agreements may not be enforced by contempt proceedings, however, a failure

to make payments as provided in a payment agreement is grounds for the institution of

a proceeding supplemental, Local Rule LR36-SC11(C)-1 notwithstanding.

LR36-SC11(C)-3: Writs of Attachment

If service is not confirmed in the record, no writ of attachment will be issued for a failure

to appear. Under any circumstance, a writ of attachment will not be issued more than

thirty (30) days after the date of a failure to appear.

LR36-SC11(C)-4: Suggestion of Bankruptcy

(a) Filing. A Party shall file a suggestion of bankruptcy whenever a party believes that

the bankruptcy or automatic stay provisions of the United States Bankruptcy Code has

an effect on a case in the Courts of Jackson County. The suggestion of bankruptcy

18

shall include the name of the court in which the bankruptcy was filed and the

bankruptcy case number.

(b) Service. Each party to the case and the special judge, if any, shall be served in

accordance with Ind. Trial Rule 5.

(c) Trustee. The identity and address of the bankruptcy trustee shall be disclosed, with

instructions on the disposition of any monies of the debtor held by the Clerk, if

known at the time of filing.

(d) Period of Stay. Upon the filing of a suggestion of bankruptcy, all action against the

debtor shall be stayed for thirty (30) days unless otherwise ordered by the Court.

(e) Duty of Plaintiff. Within thirty (30) days of the filing of the suggestion of

bankruptcy, the Claimant shall file proof that the lawsuit in question is not subject to

the bankruptcy or that the Claimant has sought relief from the automatic stay. Failure

to do so shall result in a dismissal of the suit without prejudice.

LR36-SC11(C)-5: Automatic Withdrawal of Appearance

In all small claims cases an attorney’s appearance in the case shall automatically

be deemed withdrawn thirty-five (35) days after the entry of judgment. (Effective

April 1, 2018)

ADMINISTRATIVE RULES

LR36-AR00-1: Appropriate Attire for Attorneys

Attorneys are officers of the court. With the privilege of practicing before the bar comes

the responsibility to be professional in every aspect of practice. When appearing in court,

Attorneys are expected to dress in a manner which shows due respect for the dignity of

the State of Indiana

LR36-AR00-2: Judges and Presiding Judge

The three judges of Jackson County shall independently manage and control the court

over which he or she presides. Each shall prepare his or her budget and present it to the

Jackson County Council. Each shall be responsible for his or her staff and the

employment or termination of employment of staff members.

On those matters that affect the courts of Jackson County collectively, decisions shall be

made by a majority vote of the three judges. Meetings shall be conducted by the

“Presiding Judge” who shall be the judge with the most seniority as a judge in Jackson

County.

(Added effective January 1, 2013)

LR36-AR00-3: Juvenile Referee “This matter came before Referee

(name) for hearing….” At the end of the order or decree the following shall appear:

“RECOMMENDED FOR APPROVAL”

/s/ ________________

Referee

“THE COURT NOW ENTERS ITS ORDER OR JUDGMENT ON THE REFEREE’S

FINDINGS AND RECOMMENDATIONS”

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/s/ ______________________

Judge

(Proposed Amendment Pending)

LR36-AR00-4: Probation Department

The Judges of Jackson County shall collectively be responsible for the employment and

termination of Probation Department personnel. All employees of the Probation

Department serve at the pleasure of the Judges of Jackson County. The Judges of

Jackson County, by majority vote, will select the county’s Chief Probation Officer. The

Judges of Jackson County delegate authority to the Chief Probation Officer to make final

decisions regarding the number and positions of Probation Department personnel. As

directed by the Judges of Jackson County, the Chief Probation Officer shall supervise

employees of the Probation Department and may delegate certain supervisory

responsibilities to the staff. The Chief Probation Officer shall be responsible for the

preparation and presentation of the department’s budget.

(Added effective January 1, 2013)

LR 36-AR1 (E)-1: Case Allocation for Jackson County Courts.

(a) Circuit Court. All new case filings designated as MR, F1, F2, F3, F4, F5, F6, FA,

FB, FC, FD, ES, EU, GU and TR shall be filed in the Circuit Court.

(b) Superior Court 1. All new case filings designated as PL, MF, CC, CT, EV, CM

(except OWI), SC, OV and IF, and every other MI shall be filed in Superior Court 1.

(c) Superior Court 2. All new case filings designated as JC, JD, JS, JP, JM, DN, DC,

RS, JT, MH, PO, XP, RF, PC, TP and AD, CM (OWI), and every other MI shall be

filed in Superior Court 2.

(d) Unequal Allocation. All new case filings designated as MC and PC shall be given the

cause number of the Court in which it is filed.

(e) Transfer of Cases. Except as provided in section (g), all active cases pending on

January 1, 2008 or after of the types designated for filing in Superior Court 2 shall be

transferred to Superior Court 2. Inactive cases shall be transferred at the time the case

is re-docketed.

(f) Retention of Cases. The presiding judge of the Circuit Court or Superior Court 1

may retain any pending or re-docketed case if, in the discretion of that judge, the

interests of justice are best served by such retention.

(As amended effective September 1, 2022)

LR36-AR7-1: Evidence Handling, Retention and Destruction

In all cases, the Courts of Jackson County shall proceed pursuant to these Rules unless a

Court of the County directs a longer retention period after motion by any party or on its

own motion:

(a) Civil Cases, Including Adoption, Paternity, and Juvenile Proceedings. All models,

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

placed in the custody of the court reporter as exhibits shall be taken away by the

parties offering them in evidence, except as otherwise ordered by the Court, four (4)

months after the case is decided unless an appeal is taken. If an appeal is taken, all

such exhibits

20

shall be retained by the court reporter for two (2) years from termination of the appeal,

retrial, or subsequent appeal and termination, whichever is later. The court reporter shall retain

the mechanical or electronic records or tapes, shorthand or stenographic notes as provided in

Indiana Administrative Rule 7.

(b) Retention Periods for Evidence Introduced in Criminal Misdemeanor, Level 6

and Level 5 Felonies and Attempts. Misdemeanor, Level 6 and Level 5 Felonies and

Attempts. All models, diagrams, documents, or material admitted in evidence or

pertaining to the case placed in the custody of the court reporter as exhibits shall be

taken away by the parties offering them in evidence except as otherwise ordered by

the Court, three (3) years after the case is dismissed, the defendant is found not guilty,

or the defendant is sentenced, unless an appeal is taken. If an appeal is taken, all such

exhibits shall be retained by the court reporter for three (3) years from termination of

the appeal, retrial, or subsequent appeal and termination, whichever is later, unless an

action challenging the conviction or sentence, or post-conviction action, is pending.

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

or stenographic notes as provided in Indiana Administrative Rule 7.

(c) Retention Periods for Evidence Introduced in Criminal Level 1, Level 2, Level 3,

and Level 4 Felonies and Murder Attempts. All models, diagrams, documents, or

material admitted in evidence or pertaining to the case placed in the custody of the

court reporter as exhibits shall be taken away by the parties offering them in evidence,

except as otherwise ordered by the Court, twenty (20) years after the case is

dismissed, the defendant found not guilty, or the defendant is sentenced, unless an

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

reporter for twenty (20) years from termination of the appeal, retrial, or subsequent

appeal and termination, whichever is later, unless an action challenging the conviction

or sentence, or post-conviction action, is pending. The court reporter shall retain the

mechanical or electronic records or tapes, shorthand or stenographic notes as provided

in Indiana Administrative Rule 7.

(d) Non-documentary and Oversized Exhibits. Non-documentary and oversized

exhibits shall not be sent to the Appellate level Court, but shall remain in the custody

of the trial court or Administrative Agency during the appeal. Such exhibits shall be

briefly identified in the Transcript where they were admitted into evidence.

Photographs of any exhibit may be included in the volume of documentary exhibits.

Under no circumstances should drugs, currency, or other dangerous or valuable items

be included in appellate records.

(e) Notification and Disposition. In all cases, the Court shall provide actual notice, by

mail or by notice through the e-file system, to all attorneys of record and to parties if

unrepresented by counsel, that the evidence will be destroyed by a date certain if not

retrieved before that date. Counsel and parties have the duty to keep the Court

informed of their current addresses and notice to the last current address shall be

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

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

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

reporter, and the receipt will be made part of the court file.

(f) Disposal. In all cases, the Court, or the sheriff on the Court’s order, should dispose of

evidence that is not retaken after notice.

21

(g) Biologically Contaminated Evidence. A party who offers biologically contaminated

evidence must file a pretrial notice with the trial court and serve all the parties so that

the Court can consider the issue and rule appropriately before trial. A party can show

contaminated evidence or pass photographs of it to jurors, but no such evidence,

however contained, shall be handled or passed to jurors or sent to the Jury Room

unless specifically ordered by the Court.

LR36-AR11-1: Paper and Filing Requirements

See LR36-TR10-1

LR36-AR12-1: Fax Filings Not Accepted

The Courts of Jackson County do not accept facsimile filing unless prior authorization is

obtained. Facsimile filing must be followed by mailing and/or e-filing of an original

document.

LR36-AR15-1: Compensation of Court Reporters

(a) 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 by Indiana Rule of Appellate Procedure 7.2.

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

made as required by Indiana Rule of Trial Procedure 74.

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

scheduled to work during any given work week. Depending on the particular

court, these hours may vary from court to court within the county but remain

the same for each work week.

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

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

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

(40) hours per week.

(9) Work week means a seven (7) consecutive day week that consistently begins

and ends on the same days throughout the year; i.e., Sunday through Saturday,

Wednesday through Tuesday, Friday through Thursday.

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

services. Court may also mean all of the courts in Jackson County.

22

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

county funds and is for the use on behalf of a litigant who has been declared

indigent by a court.

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

funds and is for the use on behalf of a litigant who has been declared indigent

by a court.

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

deposition transcript that is paid for by a private party.

(b) Salaries and Per Page Fees.

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

control, direction and direct supervision of their supervising court during

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 reporters are to be compensated for gap and

overtime hours; i.e., monetary compensation or compensatory time off regular

work hours.

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

a county indigent transcript shall be $4.00; the court reporter shall submit a

claim directly to the county for the preparation of any county indigent

transcripts.

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

a state indigent transcript shall be $4.00.

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

a private transcript shall be $4.00.

(5) Each court reporter shall report, at least on an annual basis, all transcript fees

received for the preparation of county indigent, state indigent or private

transcripts to the Indiana Supreme Court Office of Judicial Administration.

(6) The reporting shall be made on forms prescribed by the Office of Judicial

Administration. All court transcript preparation work shall be performed

outside of regular working hours.

(c) Private Practice.

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

a deposition and/or preparing of a deposition transcript, the court reporter

shall not use any equipment owned by the court or any governmental entity.

(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 work

shall be conducted outside of regular working hours.

LR36-AR16-1: Electronic Filing

The courts of Jackson County accept electronic filing.

DE NOVO RULES

LR36-DN00-1: Security Guidelines

(a) Applicability. All persons entering the Jackson County Courthouse and/or Jackson

County Judicial Center consent to an inspection of their person, any package,

briefcase, or purse.

23

(b) Prohibitions. All persons, except those persons noted in paragraph (D), are prohibited

from entering the Jackson County Courthouse and/or Jackson County Judicial Center

while carrying any of the following:

(1) A deadly weapon as defined by Indiana Code 35-41-1-8,

(2) A firearm as defined by Indiana Code 35-47-1-5,

(3) An electric stun weapon as defined by Indiana Code 35-47-8-1,

(4) A stun gun as defined by Indiana Code 35-47-8-2,

(5) A taser as defined by Indiana Code 35-47-8-3

(6) A knife,

(7) An explosive device,

(8) A club, or

(9) Any other material that, in the manner in which it is used, could ordinarily be

used or is intended to be used and is readily capable of causing serious bodily

injury (as defined by Indiana Code 35-41-1-25) as determined by any judicial

or law enforcement officer.

(c) Entrance Denied. Any person refusing to comply with this Order will be denied

entrance into the Jackson County Courthouse and/or Jackson County Judicial Center,

and anyone knowingly violating this Order will be subject to contempt of Court

pursuant to Indiana Code 34-47-3.

(d) Exemption. The following persons are exempt from this order:

(1) Law enforcement officers under Indiana Code 35-41-1-17, Indiana

Department of Corrections Officers, Community Correction officers, Judicial

Officers, and Probation Officers who are in the courthouse for official

business and duly authorized to carry deadly weapons.

(2) Employees of the courthouse who carry chemical spray devices for personal

protection are also exempt.

(e) Exception to Exemption. The persons described as exempt from this Order shall not

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

place in court.

LR36-DN00-2: Jackson County Alcohol and Drug Court Services Program Fees

Participants in the Jackson County Alcohol and Drug Court Services Program will be

charged the following fees as applicable:

CASE MANAGEMENT FEE: $200.00

ADMINISTRATIVE FEE: $100.00

ASSESSMENT FEE: $100.00

CIRCUIT COURT REFERRAL FEE: $150.00

JUVENILE FEE: $50.00

TRANSFER FEE: $50.00

PROGRAM FEE FOR OUT OF COUNTY REFERRALS: $200.00

PRE-TRIAL DIVERSION FEE – Initial (Misdemeanor): $50.00

PRE-TRIAL DIVERSION FEE – Initial (Felony): $75.00

PRE-TRIAL DIVERSION FEE – Monthly: $20.00

24

Provenance

Source
www.in.gov
Retrieved
2026-10-02
Edition
supplied-in-28-37-jackson-local-rules-2025-01-01
Content hash
7cbd55b30118fa8fbc975f7c28c4fb24117bafcda7d7549596a300da034e0645
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