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Ind. County Local Rule: jasper-local-rules

jasper-local-rules

activein force · 2021-10-15 – presentcompiled-edition

LOCAL COURT RULES

FOR

JASPER CIRCUIT COURT

AND

JASPER SUPERIOR COURT

EFFECTIVE ON

OCTOBER 15, 2021

Table of Contents

LR37-AR00-01 Decorum.................................................................................................................. 3

LR37-AR00-02 Withdrawal of Original Court Files or Law Library Items......................................... 4

LR37-AR1-1 Consent to Authority to Sit as Acting Judge............................................................ 4

LR37-AR01-03 Judges Sitting in Either Court.................................................................................. 4

LR37-AR00-04 Case Allocation........................................................................................................ 5

LR37-TR79-05 Appointment of Special Judge in Civil Cases........................................................... 6

LR37-CR2.2-06 Appointment of Special Judge in Criminal Cases.................................................... 7

LR37-AR15-07 Court Reporters...................................................................................................... 8

LR37-AR00-08 Unified Bond Schedule.......................................................................................... 11

LR37-AR-0009 Agreement with Court Date Pending.................................................................... 12

LR37-JR4-10 Jury Selection......................................................................................................... 12

LR37-TR00-11 Limits on Written Interrogatories......................................................................... 13

LR37-AR00-12 Examination of Witnesses and Jurors................................................................... 13

LR37-AR00-13 Miscellaneous Court Fee Matters......................................................................... 13

LR37-AR00-14 Indigent Attorney Fees.......................................................................................... 15

LR37-AR00-15 Alcohol and Drug Program Fees............................................................................ 15

LR37-AR00-16 Continuances......................................................................................................... 15

LR37-AR00-17 Withdrawal of Appearance by Attorneys.............................................................. 16

LR37-AR00-18 Instructions to Guardians of the Person or the Estate.......................................... 17

COURT’S INSTRUCTIONS TO GUARDIAN OF A PERSON

1 OR ESTATE.............................................. 18

LR37-AR00-19 Guardianships........................................................................................................ 20

FORM LR37-AR00-19 PHYSICIAN’S REPORT.................................................................................. 21

LR37-AR00-20 Instructions to a Personal Representative of an Estate........................................ 24

COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED ESTATE................. 25

COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF UNSUPERVISED ESTATE............... 28

LR37-AR00-21 General Probate Rules........................................................................................... 30

LR37-CP00-21 Plea Agreement Submission.................................................................................. 31

LR37-FL00-22 Guardians Ad Litem in Family Law and Probate Cases.......................................... 39

LR37-FL00-23 Family Law Settlement Conference...................................................................... 39

LR37-FL00-24 Family Law Trial Readiness.................................................................................... 40

CONTESTED DISSOLUTION ISSUES TRIAL READINESS FORM...................................... 41

FAMILY LAW CONTESTED HEARING WITNESS LIST....................................................... 46

LR 37-FL00-25 Miscellaneous Family Law Rules.......................................................................... 47

LR 37-AR00-26 After Hours Emergency Matters.......................................................................... 47

LR 37-AR00-27 Title Insurance Required for Sheriff’s Sale........................................................... 47

LR 37-SC00-28 Small Claims Rules................................................................................................. 48

LR37-AR00-01 Decorum

A. The ethics and the professionalism of the practice of law require that

counsel rise when the Judge enters or leaves the Courtroom.

B. There shall be no smoking or use of any tobacco products in the

Courtroom, jury rooms, corridors, restrooms, chambers, offices or conference rooms.

C. The dignity of the Court is to be maintained and preserved at all times.

The Court will require proper decorum and dress of all counsel and of all persons

entering the courtroom. Gentlemen attorneys shall wear jackets and ties at all times.

Female attorneys shall dress appropriately and professionally at all times as well.

D. Counsel for the State of Indiana, the plaintiff or the petitioner shall occupy

the counsel table to their left as they are facing the bench. Counsel for the defendant or

respondent shall occupy the counsel table to their right as they are facing the bench.

E. All counsel shall ask for leave of Court prior to approaching the bench or a

witness.

F. Cellular Telephones (cell phones), personal data assistants (PDAs) and

other personal electronic / hand-held devices are not permitted in the Jasper Circuit or

Jasper Superior Courts. Personal laptops and tablets are allowed for counsel who

maintain their cases with an electronic filing system. Cellular phones for

calendaring purposes are permitted in the Courtroom at counsel table when necessary

to schedule a future hearing date.

G. All counsel filing motions or other pleadings shall provide proposed

orders grating the relief sought or setting the motion or pleading for hearing.

H. Only bottled water or other beverage in a non-commercial container is

permitted at counsel table in the Courtroom.

I. Counsel and parties are not permitted to eat at counsel table at any

time. Food is prohibited in the Courtroom.

LR37-AR00-02 Withdrawal of Original Court Files or Law Library

Items

A. No person shall withdraw any original pleading, paper, record, model or

exhibit from the custody of the Clerk or other officer of the Jasper Circuit or Jasper

Superior Court having custody thereof without first obtaining leave from either Court or

the Clerk of the Court.

B. No person shall remove any books from the Jasper Circuit or Jasper

Superior Court, either Judge’s chambers or the county law library without first notifying

the Bailiff or other Court staff and leaving a proper receipt with the Bailiff or other Court

staff.

LR37-AR1-1 Consent to Authority to Sit as Acting Judge

A. The Judges of the Jasper Circuit and Superior Courts consent to the Judges of

the Newton Circuit and Superior Courts upon request to sit as acting judge in either of

these courts in any matter as if the judicial officer were the elected or appointed judge of

this court, as provided in Administrative Rule 1. This consent will be filed in the court's

Record of Judgments and Orders.

B. The authority to sit as acting judge in the Jasper Circuit or Superior Court is

granted even when the sitting judge is present and available.

LR37-AR01-03 Judges Sitting in Either Court

A. The Judge of the Jasper Circuit Court hereby consents and authorizes the

Judge of the Jasper Superior Court to sit as Judge of the Jasper Circuit Court, at any time,

in any case, for purposes of judicial economy, expediency or other good cause.

B. The Judge of the Jasper Superior Court hereby consents and authorizes the

Judge of the Jasper Circuit Court to sit as Judge of the Jasper Superior Court, at any time,

in any case, for purposes of judicial economy, expediency or other good cause.

LR37-AR00-04 Case Allocation

A. All Capital Murder Cases (LP/DP) shall be filed alternately in the

Jasper Circuit Court and the Jasper Superior Court.

B. All Murder (MR), Level One Felony (F1), Level Two Felony (F2),

Level Three Felony (F3), Level Four Felony (F4), Level Five Felony (F5), and

Level Six Felony (F6) cases shall be filed as follows:

C. All cases involving charges which occurred on odd numbered days

of the calendar year shall be filed in the Jasper Superior Court.

D. All cases involving charges which occurred on even numbered days

of the calendar year shall be filed in the Jasper Circuit Court.

E. For purposes of judicial economy, notwithstanding this rule, a

felony or murder case may be filed in the Jasper Circuit or Jasper Superior Court

without regard for the date of the offense if the named defendant already has

pending felony charges in either the Jasper Circuit or Jasper Superior Court which

have not yet reached a conclusion on the merits.

F. Notwithstanding any part of this rule, the Courts may reallocate any

criminal case in order to comply with balanced caseload requirements.

G. All Criminal Misdemeanor cases (CM) shall be filed in the Jasper

Superior Court except as noted below:

H. For purposes of judicial economy, notwithstanding this rule, a

Criminal Misdemeanor (CM) may be filed in the Jasper Circuit Court if the named

defendant already has pending felony charges in the Jasper Circuit Court which

has not yet reached a conclusion on the merits.

I. Any Criminal Misdemeanor (CM) case where the defendant was

summonsed to court by a Uniform Complaint and Summons, electronic or

otherwise, and not arrested for the misdemeanor offense shall be filed in the

Jasper Circuit Court with the Infractions (IF) pursuant to sub-part D of this rule.

J. All Infractions (IF) shall be filed in the Jasper Circuit Court.

K. All Small Claims (SC) shall be filed in the Jasper Circuit Court.

L. All Post Conviction Relief Petitions (PC) shall be assigned to the

Court in which the judgment of conviction was entered. The Clerk shall assign the

Post Conviction Relief Petition a new “PC” cause number and also consolidate the

previous cause in which the judgment of conviction was entered with the new

cause.

M. All juvenile cases (JC, JD, JS, JP, JM, JT), shall be filed in the

Jasper Circuit Court.

N. All other civil cases may be filed as has been traditional, in either

Circuit or Superior Court.

O. The Judges of Jasper Superior Court and the Jasper Circuit Court

may transfer cases from either Court in order to equalize the caseloads between

the courts.

LR37-TR79-05 Appointment of Special Judge in Civil Cases

A. In the event of a recusal or disqualification of the Judge of the Jasper

Circuit Court or the Jasper Superior Court under Trial Rule 79(C) of the Indiana Rules of

Procedure, and a Special Judge is not qualified pursuant to Trial Rule 79(D) or 79 (E),

then the assignment and selection of a Special Judge shall proceed according to the

provisions of sub-part C of this local rule.

B. In the event that a motion for change of judge is granted pursuant to Trial

Rule 76(B), and a Special Judge is not qualified pursuant to Trial Rule 79(F) of the

Indiana Rules of Procedure, the assignment and selection of a Special Judge shall proceed

according to the provisions of sub-part C of this local rule.

C. Assignment of Special Judge

1. The Judge of the Jasper Circuit Court shall be appointed as Special

Judge for all cases originating in Jasper Superior Court. If the Judge of the Jasper Circuit

Court fails to qualify as Special Judge then selection of the Special Judge shall proceed

pursuant to sub-part D of this local rule.

2. The Judge of the Jasper Superior Court shall be appointed as

Special Judge for all cases originating in the Jasper Circuit Court. If the Judge of the

Jasper Superior Court fails to qualify as Special Judge then selection of the Special Judge

shall proceed pursuant to sub-part D of this local rule.

D. In the event no Special Judge qualifies under sub-part C of this rule, the

Clerk shall appoint on a rotating basis from the following list of Judges who have agreed

to serve as a Special Judge in the Jasper Circuit and Jasper Superior Courts:

• The Judge of the Newton Circuit Court

• The Judge of the Newton Superior Court

• The Judge of the Benton Circuit Court

• The Judge of the Pulaski County Circuit Court

• The Judge of the Pulaski County Superior Court

• The Judge of the White County Circuit Court

• The Judge of the White County Superior Court

• The Judge of the Porter Circuit Court

• The Judge of the Porter Superior Court #1

• The Judge of the Porter Superior Court #2

• The Judge of the Porter Superior Court #3

• The Judge of the Porter Superior Court #4

• The Judge of the Porter Superior Court #6

E. In the event that no Special Judge qualifies or is available for appointment,

or the particular circumstances in a case warrant the selection of a Special Judge by the

Indiana Supreme Court, the Court shall request the Indiana Supreme Court pursuant to

Trial Rule 79(H)(3) by written certification to appoint a Special Judge.

LR37-CR2.2-06 Appointment of Special Judge in Criminal Cases

A. In the event of a recusal or disqualification of the Judge of the Jasper

Circuit Court or the Jasper Superior Court in a criminal, infraction, or ordinance

violation, the assignment and selection of a Special Judge shall proceed pursuant to sub-part C of this local rule.

B. In the event of the granting of a motion to change judge or a change of

judge pursuant to other Indiana Statue or Rule of Court in a criminal, infraction,

ordinance violation, or post-conviction proceeding, the assignment and selection of a

Special Judge shall proceed pursuant to sub-part C of this local rule.

C. Assignment of Special Judge

1. The Judge of the Jasper Circuit Court shall be appointed as Special

Judge for all cases originating in Jasper Superior Court. If the Judge of the Jasper Circuit

Court fails to qualify as Special Judge then selection of the Special Judge shall proceed

pursuant to sub-part D of this local rule.

2. The Judge of the Jasper Superior Court shall be appointed as

Special Judge for all cases originating in the Jasper Circuit Court. If the Judge of the

Jasper Superior Court fails to qualify as Special Judge then selection of the Special Judge

shall proceed pursuant to sub-part D of this local rule.

D. In the event no Special Judge qualifies under sub-part C of this rule, the

Clerk shall appoint on a rotating basis from the following list of Judges who have agreed

to serve as a Special Judge in the Jasper Circuit or Jasper Superior Courts:

• The Judge of the Newton Circuit Court

• The Judge of the Newton Superior Court

• The Judge of the Benton Circuit Court

• The Judge of the Pulaski County Circuit Court

• The Judge of the Pulaski County Superior Court

• The Judge of the White County Circuit Court

• The Judge of the White County Superior Court

• The Judge of the Porter Circuit Court

• The Judge of the Porter Superior Court #1

• The Judge of the Porter Superior Court #2

• The Judge of the Porter Superior Court #3

• The Judge of the Porter Superior Court #4

• The Judge of the Porter Superior Court #6

E. In the event that no Special Judge qualifies or is available for appointment,

or the particular circumstances in a case warrant the selection of a Special Judge by the

Indiana Supreme Court, the Court shall request the Indiana Supreme Court by written

certification to appoint a Special Judge.

LR37-AR15-07 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 or 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 recording

is transcribed in the form required by Indiana Rules of Appellate Procedure

28 and 29.

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. Overtime hours worked means those hours worked in excess of forty

(40) hours per work week.

8. 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.

9. Court means the particular court for which the court reporter

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

10. County indigent transcript means a transcript that is paid for from

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

indigent by a court.

11. State indigent transcript means a transcript that is paid for from state

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

indigent by a court.

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

deposition transcript that is paid for by a private party.

B. SALARY

1. The court reporters of said courts shall be paid an annual salary for

time spent working under the control, direction, and direct supervision of the

court during any regular work hours or overtime hours.

C. TRANSCRIPTS

1. All transcripts required by law to be prepared by the court reporters

shall not be prepared during regular working hours unless agreed to between

the court and the Court reporter.

D. INDIGENT TRANSCRIPTS

1. A maximum per page fee for county indigent transcripts shall be set

at $4.50 per page. The court reporters shall submit a claim directly to the

county auditor for the preparation of county indigent transcripts.

2. A maximum per page fee of state indigent transcripts shall be set at

$4.50 per page. The court reporters shall submit a claim directly to the

auditor of the State of Indiana for the preparation of state indigent

transcripts.

3. A maximum per page fee for expedited transcripts shall be set at

$8.00 per page.

4. A maximum per page fee for copies of transcripts shall be set at

$2.00 per page.

5. A maximum fee of $.25 per page for photocopies of exhibits,

pleadings, or documents other than transcripts.

E. PRIVATE TRANSCRIPTS

1. A maximum per page fee for private transcript work shall be set at

$4.50 per page.

2. A maximum per page fee for depositions shall be set at $4.50 per

page, in addition to a recording charge.

3. A maximum per page fee for expedited transcripts shall be set at

$8.00 per page.

4. A maximum per page fee for copies of transcripts/depositions shall

be set at $2.00 per page.

5. A maximum fee of $.25 per page for photocopies of exhibits,

pleadings, or documents other than transcripts.

F. MINIMUM FEE FOR TRANSCRIPTS

1. A minimum fee of $35.00 may be charged by the court reporters for

any transcript prepared, whether county or state indigent, private, or

depositions.

G. HOURLY CHARGES

1. The court reporters may charge an hourly rate commensurate with

their annual rate of pay for copying and binding of exhibits, digital

preparation of transcripts, including table of contents, and for preparation of

the Notice of Completion.

H. DEPOSITIONS

1. A court reporter may engage in the private practice of recording

depositions and/or preparing deposition transcripts; however, such private

practice shall be conducted outside of the court reporter’s work hours. Upon

agreement of the court, the court reporter may utilize court equipment, work

space and/or supplies in said private practice; however, the court reporter

shall reimburse the court, on a quarterly basis, at the rate of $.50 per page

for the use of said equipment, work space and/or supplies.

2. A daily log shall be maintained by the court reporters, which shall

reflect the number of deposition transcript pages completed. The court

reporters shall submit their daily log sheets to the respective courts on a

quarterly basis.

I. FEE FOR SUPPLIES

1. A standard supply fee of $18.00 shall be charged for any transcript

prepared which is not for purposes of an appeal and $36.00 for any

transcript prepared by the court reporters which is for purposes of appeal to

cover supplies, i.e. binders and C.D.s, and said fee shall be paid to the

Treasurer of Jasper County, and shall be credited to the office supply budget

of the Court.

J. ANNUAL REPORT

1. The court reporters shall report on an annual basis to the Indiana

Supreme Court Division of State Court Administration, on forms prescribed

by the Division, all transcript fees received by the court reporter, whether

for county indigent transcripts, state indigent transcripts, private transcripts

or depositions.

LR37-AR00-08 Unified Bond Schedule

A. The unified bond schedule, as set forth in this rule, for the Jasper Circuit

and Jasper Superior Court shall be used for persons arrested without a warrant on

Misdemeanor charges and Level 5 (F5) and Level 6 (F6) Felonies and who are held in

custody concerning that charge in either Court.

B. There shall be no unified cash bond schedule for any offense charged as

Murder, or any Level One (F1), Level Two (F2), Level Three (F3), or Level Four (F4)

Felony.

C. Bond shall be $5,000 surety or $500.00 cash for any Misdemeanor cause.

D. Bond shall be $10,000 surety or $1000.00 cash for any Level 5 or Level 6

Felony cause.

E. Notwithstanding any terms in this Rule, the Jasper Circuit and Jasper

Superior Courts maintain a Pre-Trial Release Program pursuant to Criminal Rule 26 of

the Indiana Rules of Criminal Procedure which allows for release under other methods

and conditions at the discretion of the trial court judge.

F. The purpose of the Pre-Trial Release Program outlined herein is to assess

the risk posed by the release of individuals booked into the Jasper 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.

G. In accordance with Rule 26 of the Indiana Rules of Criminal Procedure,

and so long as funding is available, Jasper County pre-trial release officers 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.

H. Eligible arrestees for Misdemeanor charges or Level 5 and 6 Felonies are

automatically eligible to participate in the pre-trial release evaluation process voluntarily.

Other arrestee may also participate upon Order of the Court or by permission of the

Court.

I. Release conditions may include: release on a Defendant’s own

recognizance, with or without additional conditions; placement or supervision by Jasper

County Community Corrections; cash, surety, or property bond; supervision by

Probation and/or pre-trial release personnel and/or any other conditions of bail, bond,

or pre-trial release authorized by law.

J. Violation of any of the conditions of pre-trial release shall be cause for

removal from the pre-trial release program or modification of the terms of release. The

pre-trial services officer shall file a report of a violation with the Court which will be

set for hearing. The State or Defendant may also file a motion to revoke or modify any

terms of release. Nothing in this rule shall be read to limit the Court’s authority to

address violations, issue warrants, modify conditions or revoke release consistent with

all applicable rules of law and procedure.

LR37-AR-0009 Agreement with Court Date Pending

In all proceedings where a court date is pending and the parties reach an agreement

between themselves, the parties shall notify the Court in a timely manner. Failure to do so

may result in sanctions being imposed against either or both parties and/or their attorneys.

LR37-JR4-10 Jury Selection

The Circuit Court and the Superior Court of Jasper County hereby adopt the “Two

Tier Notice and Summons” approach for notice and selection for jury pool and summons

for jury service pursuant to Indiana Jury Rule 4(b).

LR37-TR00-11 Limits on Written Interrogatories

A. Interrogatories requiring written answers shall be limited to a total of

thirty-five (35), including sub-parts requiring discrete answers, and shall not be used as

the substitute for the taking of a deposition.

B. For good cause shown and upon leave of the Jasper Circuit or Jasper

Superior Court first obtained, additional interrogatories may be propounded.

C. The Jasper Circuit Court and the Jasper Superior Court shall enforce this

rule according to the provisions of Trial Rules 26-37 of the Indiana Rules of Procedure.

LR37-AR00-12 Examination of Witnesses and Jurors

A. In the examination of witnesses in any hearing or in a bench or jury trial,

and in the examination of prospective jurors on voir dire in jury trials, one attorney for

each party to the matter being heard, and only one party, shall conduct the entire

examination of each individual witness including direct, cross or any other examination,

and of each prospective jury panel. The Court may grant leave, upon request, allowing

separate co-counsel to conduct direct and cross-examination so long as one attorney, and

only one attorney, shall be designated and heard as to objections and offers to prove.

B. That attorney shall make all of the objections, offers to prove, strikes or

other necessary motions which are made during the examination of that witness or jury

panel.

C. One attorney at a time and only one will be recognized by the Court.

D. Counsel may alternate in examining different witnesses or prospective

jury panels.

E. All counsel shall request leave of Court before approaching a witness on

the witness stand.

LR37-AR00-13 Miscellaneous Court Fee Matters

A. The Jasper Circuit Court Probation Department, under the supervision of

the Jasper Circuit Court Judge shall set and establish a set of fees for services provided to

juveniles, including but not limited to:

1. Juvenile alcohol education programs;

2. Juvenile community service programs;

3. Juvenile education or treatment programs; and

4. Any other program or service provided for juveniles.

B. The Jasper Circuit Court and the Jasper Superior Court shall assess the

maximum allowable public defender fee authorized by statute to indigent defendants in

misdemeanor, felony and murder cases to be paid to the Clerk of the Courts and placed

into the supplemental public defender’s fund. At the time of the adoption of this rule, the

fees are $50.00 for a misdemeanor and $100.00 for a felony or murder case.

C. In all juvenile cases (JC, JS, JD, JM, JT, JP) the maximum allowable

public defender fee to be charged by the Jasper Circuit or Jasper Superior Court shall be

the equivalent of the maximum misdemeanor public defender fee allowed by state statute.

D. In any other case where a public defender is appointed, the maximum

allowable public defender fee to be charged by the Jasper Circuit or Jasper Superior

Court shall be the equivalent of the maximum misdemeanor public defender fee allowed

by state statute.

E. In any case in the Jasper Circuit or Jasper Superior Court in which a

guardian ad litem or court appointed special advocate is appointed as required by law, the

Judge of the Court may assess a user fee pursuant to statute (Ind. Code § 31-40-3-1) not

to exceed the maximum amount allowed by statute or $100.00, whichever is greater.

F. Notwithstanding any other provision of this rule, the Court may, after

determining the financial means of any person appointed a public defender or guardian

ad litem, require the person to pay back all or part of the fees incurred upon by the Court

and the County after giving the person notice and opportunity to be heard.

G. Notwithstanding any provision of this Rule, the Court may charge a

different fee, higher or lower, necessitated by change in the contracted costs between the

Courts and any service provider who provides any service for which a fee is assessed

under this Rule.

LR37-AR00-14 Indigent Attorney Fees

A. The Jasper Circuit and Superior Courts, as necessary because of conflicts

of interest, multiple co-defendants, issues of qualifications or other good cause, may

appoint attorneys to represent indigent persons other than those attorneys with whom

Jasper County contracts as part-time public defenders.

B. In the event of the appointment of an attorney under sub-part A, by the

Jasper Circuit Court or the Jasper Superior Court in any criminal, civil, juvenile, appellate

or other cause, the attorney shall be compensated at an hourly rate equal to the hourly rate

paid to a special prosecuting attorney under Ind. Code § 33-39-10-2(g).

LR37-AR00-15 Alcohol and Drug Program Fees

A. All persons directed to participate in the Jasper Circuit or Jasper Superior

Court certified alcohol and drug court program shall pay a program fee of $400.00 or

the highest allowable charge pursuant to Indiana Law for court certified alcohol and

drug programs.

B. All persons directed to participate in the Jasper Circuit or Jasper Superior

Court certified alcohol and drug court program, but who elect to complete counseling

through another court certified program in their home county, shall pay a tracking fee of

one hundred dollars ($100.00).

LR37-AR00-16 Continuances

A. All motions to continue, pursuant to Trial Rule 6(D), must be filed five (5)

days before the date and time specified for the hearing for which a continuance is sought.

B. Every motion to continue shall state:

1. The original date and time of the hearing;

2. Whether the hearing was coordinated with the Court or counsel;

3. Efforts made by the moving party to contact the opposing party or

counsel prior to filing the motion to continue; and

4. Whether or not opposing counsel or the opposing party objects.

5. Whether any prior continuances have been requested for either party

and whether such prior request was granted,

6. All motions for continuance must be accompanied by a proposed

order and both the motion and order must state in the title whether it is the

first, second, third, etc motion for continuance and on which party’s motion

the continuance is granted. (Eg. Second Defendant’s Motion to Continue

Pre-Trial Conference)

C. Any motion to continue filed sooner than five (5) days before the date and

time specified for the hearing for which a continuance is sought:

1. Must be verified;

2. Must state the reasons that the motion could not be filed pursuant to

subpart A of this rule;

3. Must state the reasons for the necessity of a continuance;

4. The original date and time of the hearing;

5. Whether the hearing was coordinated with the Court or counsel;

6. Efforts made by the moving party to contact the opposing party or

counsel prior to filing the motion to continue; and

7. Whether or not opposing counsel or the opposing party objects.

D. The Court may grant or deny a continuance under this rule without hearing.

The Court may set a motion made under subpart C for hearing on the issue of the necessity

of the continuance.

E. Motions to continue not filed in accordance with this rule or which are

found to be unsupported by law or facts, frivolous, vexatious or in any way without good

faith merit may subject the moving party to sanctions including attorney fees where

permitted by law.

LR37-AR00-17 Withdrawal of Appearance by Attorneys

A. A motion to withdraw from representation of a party by an attorney pursuant

to Trial Rule 3.1(H) must comply with the provisions of Trial Rule 3.1(H) and must

be filed five (5) days before the date and time specified for the hearing for which a

continuance is sought.

B. Any motion to withdraw from representation of a party by an attorney filed

sooner than five (5) days before the date and time specified for the hearing must:

1. Comply with Trial Rule 3.1(H);

2. Be verified;

3. State the reasons why the motion could not be filed prior to five (5)

days before the date and time specified for the hearing; and

4. State the reason as permitted by the Code of Professional Conduct

for the necessity of the withdrawal.

C. Along with the requirements of Trial Rule 3.1(H), the attorney seeking to

withdraw from representation of a party shall provide the last know electronic mail address

of the party to the Clerk so that notice may be attempted pursuant to the e-filing system.

D. The Order appointing a public defender to represent an indigent criminal

defendant, juvenile or parent shall serve as notice of that attorney’s appearance.

1. The Sentencing Order in a criminal case shall serve as a withdrawal

for a court-appointed public defender and the Clerk shall so note the

termination of representation in the record and CCS of the Court.

2. The final order closing a CHINS or Juvenile Delinquency case shall

serve as a withdrawal for a court-appointed public defender and the Clerk

shall so note the termination of representation in the record and CCS of the

Court.

E. Unless otherwise stated by Court order the service of a Guardian Ad Litem

in family matters or probate matters shall terminate upon the filing of a Guardian Ad

Litem’s Report and testimony upon conclusion of the hearing on the issue or petition for

which the Guardian Ad Litem was appointed. It is the responsibility of the Guardian Ad

Litem to file a Motion to Withdraw citing this rule upon completion of their appointed

duties.

F. The Clerk of the Court shall change the entry for counsel showing a

withdrawal in the Odyssey Case Management System.

LR37-AR00-18 Instructions to Guardians of the Person or the Estate

A. Prior to receiving Letters of Guardianship from the Clerk of the Court, each

Court Appointed Guardian shall file and execute a copy of LR37-AR00-18 Form entitled

“Court’s Instructions to a Guardian of Person or Estate,” which is attached to this rule.

Form LR37-AR00-18

GUARDIANSHIP OF

COURT’S INSTRUCTIONS TO GUARDIAN OF A PERSON OR ESTATE

You have been appointed as the guardian of an individual who is unable to care for his or

her own financial affairs. It is important that you fully realize your duties and responsibilities.

Listed below are some of your duties, but not all of them. The best resource for you as guardian is

to maintain legal counsel who can advise you of the necessary requirements for serving as a

guardian.

The ultimate responsibility to see that all accounts and other documents are accurately

prepared and filed, rests with you and you can be found personally liable should you not properly

perform. The Court appreciates your efforts on behalf of the protected person.

As Guardian you are required to:

1. Locate, collect and maintain all property owned by the protected person. Keep motor

vehicles and real estate insured and protected.

2. Have your attorney file with the Court, within ninety (90) days after your appointment, a

verified inventory and appraisal of all the property belonging to the protected person, with

values as of the date you were appointed. You must provide a copy of the inventory

to the protected person (if over fourteen (14) years of age) and to certain other persons

as set out in Indiana Code §29-3-9-5.

3. File with the Court a verified current account of all the income and expenditures of the

guardianship, consisting of three schedules. The first schedule must include all assets listed

on the inventory or on the last current account along with any additions or adjustments

to the inventory. The second schedule must be an itemized list of expenditures, supported

by attached cancelled checks or facsimiles of paid checks as evidence of payment.

The third schedule must be a recapitulation indicating the remaining property after

subtracting expenditures. The Guardian shall file his/her first current Accounting

within thirty (30) days after the first anniversary of the date on which the letters of

guardianship were issued, and every year thereafter, unless relieved of that duty by

the Court upon filing a proper request. If relieved of annual accountings by the

Court, then an accounting shall be filed every two years, not more than thirty (30)

days after the second anniversary date of the guardian’s appointment and every two

years thereafter. A final guardianship accounting must be filed within thirty (30)

days of the date of the guardian’s appointment being terminated, regardless of

when the last accounting was completed or due.

4. Pay bond premiums as they become due.

5. File and pay taxes on the protected person’s income and assets.

6. File a final accounting with the Court upon the termination of the guardianship, whether

due to the death of the protected person, or for any other reason.

7. Keep all of the assets of the protected person separate from your own. Guardianship

funds should never be co-mingled with personal funds. Unauthorized use of the

guardianship funds will result in personal liability.

8. Open a guardianship checking account in your name “as guardian of (the protected

person)” This account shall be used for all payments or disbursements on behalf of the

protected person. The account should be in the protected person’s Social Security

number, not yours. It cannot be a joint account. Make sure that the financial institution you

are utilizing will provide you with cancelled checks or images of paid checks and evidence

of payments made from the account..

9. Real estate, automobiles and other accounts and investments should be held in the name of

the protected person.

10. All investment accounts and other bank account holdings should be re-titled as follows:

“John Smith Guardianship, Mary Jones Guardian.”

11. Obtain approval from the Court to use guardianship assets, other than for normal bills.

12. Do not self-deal. Do not buy anything from or sell anything to the protected person. Do not

borrow anything from the protected person.

13. If applicable, timely qualify the protected person for Medicaid or other public assistance.

Seek appropriate legal and financial advice about estate planning issues.

14. It is the duty of the guardian to protect and preserve the protected person’s property, to

account for the use of the property faithfully, and to perform all the duties required by law

of a guardian.

15. The guardian has the same duties and responsibilities concerning the protected person

whether or not the protected person is a relative of the guardian.

16. Do not pay attorney fees or compensation to yourself from assets of the guardianship

without first obtaining the advance written approval of the Court.

17. If any questions arise during the guardianship, immediately consult with your attorney.

18. If you are guardian of the person only, you must file a status report on the person’s

condition with the Court every two years.

I acknowledge that I have carefully and completely read the above instructions and

received a copy for my records. I agree to properly carry out my duties.

Dated this day of, 20.

Signature, Guardian Signature, Guardian

Print, Guardian Print, Guardian

LR37-AR00-18 Form

LR37-AR00-19 Guardianships

A. Medical Reports. In all guardianship matters seeking to declare an adult

incapacitated by reason of physical or mental illness, a Physician's Report by the doctor

treating the alleged incapacitated person or such additional evidence as the Court shall

require, shall be presented to the Court at the time the petition is filed or on the hearing

date. No determination will be made without a supporting medical report or testimony.

B. Guardian’s Report. Current reports filed by a guardian of the person shall state

the present residence and the general welfare of the incapacitated person. If the

incapacitated person is an adult and the incapacity is due to physical or mental illness, a

Physician's Report by a treating physician shall be filed with the current report, verifying

that the incapacity of the person remains unchanged since the date the guardianship was

established or the date of the last current report and that the living arrangements for the

incapacitated person are appropriate.

C. Guardian of a Minor. In every petition for the appointment of a guardian of the

person of a minor child, in addition to the information required by I.C. 29-3-5-1 or other

statutes the following information shall be included in the petition:

(1) The places where the child has lived within the past two years and the names

and present addresses of persons with whom the child has lived during that period.

(2) Whether, to Petitioner's knowledge, any other litigation is pending concerning

the custody of the child in this or any other state.

(3) Whether, to Petitioner's knowledge, any person not a party to the guardianship

proceeding has physical custody of the child or claims to have custody or visitation

rights with respect to the child.

FORM LR37-AR00-19 PHYSICIAN’S REPORT

PHYSICIAN’S REPORT

______________________, a physician holding an unlimited license to practice medicine

in the State of Indiana, submits the following report on _____________________,

‘Patient’, based upon examination of Patient.

1. Set forth the dates of all examinations of the Patient within the last one (1) year from the

date hereof.

_________________________________________________________________________

2. In your opinion, based upon your examination and observation of the Patient, is the

Patient incapacitated? If so, describe the nature and type of incapacity.

_________________________________________________________________________

3. In your opinion, based upon your examination and observation of the Patient, how long

has the Patient been incapacitated?

_________________________________________________________________________

4. Describe the Patient’s mental and physical condition; and if appropriate, describe the

Patient’s educational condition, adaptive behavior and social skills.

_________________________________________________________________________

5. In your opinion, is the Patient totally or only partially incapable of making personal and

financial decisions? And, if the latter, state the kinds of decisions which the Patient can

and cannot make. Include the reason for this opinion.

_________________________________________________________________________

6. In your opinion, what is the most appropriate living arrangement for the Patient? And,

if applicable, describe the most appropriate treatment or rehabilitation plan. Include the

reasons for your opinion.

_________________________________________________________________________

7. Can the Patient appear in Court without injury to his/her health? _____ Yes _____ No

If the answer is no, explain the medical reasons for your answer.

_________________________________________________________________________

8. If the Patient capable of consenting to the appointment of a Guardian? _____ Yes

_____ No

9. Is the nature of the Patient’s incapacity such that it prevents the Patient from making a

knowing and voluntary Waiver of Notice? _____ Yes _____ No

10. In your opinion, is a Guardian needed to care for the Patient? _____ Yes _____ No

If a Guardian is needed, is one needed for personal or financial needs, or both? _____ Yes

_____ No

I affirm, under the penalties of perjury, the above and foregoing is true and correct to the

best of my knowledge and belief.

Signed: ____________________________________________________

Address: ____________________________________________________

____________________________________________________

Telephone: ____________________________________________________

Dated: ____________________________________________________

If the description of the Patient’s mental, physical and educational condition, adaptive

behavior or social skills is based on evaluations by other professionals, please provide the

names and addresses of all professionals who are able to provide additional evaluations.

Evaluations on which the report is based should have been performed within three (3)

months of the date of the filing of the Petition. Names and addresses of other persons

who performed evaluations upon which this report is based:

Name: ____________________________________________________

Address: ____________________________________________________

____________________________________________________

Telephone: ____________________________________________________

Name: ____________________________________________________

Address: ____________________________________________________

____________________________________________________

Telephone: ____________________________________________________

LR37-AR00-19 Physician Report Form

LR37-AR00-20 Instructions to a Personal Representative of an Estate

A. Prior to receiving Letters of Administration or Letters Testamentary from

the Clerk of the Court, each Court Appointed Personal Representative shall file and execute

a copy of LR37-AR00-20 Form entitled “Court’s Instructions to a Personal Representative

of a Supervised Estate,” or, LR37-AR00-20.1 Form entitled “Court’s Instructions to a

Personal Representative of an Unsupervised Estate, whichever is applicable. Both forms

are attached to this rule.

Name of Decedent

Cause No.______________________________

COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF A SUPERVISED

ESTATE

You have been appointed as the personal representative of the estate of a deceased

person. By your appointment, the Court has placed in you the highest trust that you will

perform your duties in the best interests of all beneficiaries and creditors of the estate. It

is important that you fully realize your duties and responsibilities. Listed below are some,

but not all of them. Legal counsel is the best source for you to understand and to maintain

compliance with Indiana Law and Orders of the Court.

Although your attorney will file all papers with the Court, you, as personal

representative, are ultimately responsible to see that the estate is properly and promptly

administered, and you are personally liable for incorrect distributions, payments, or acts,

as well as any unpaid taxes or costs of administration. The Court appreciates your efforts

on behalf of the estate.

As Personal Representative, you are required to:

1. Locate, collect and maintain all property owned by the decedent.

2. Keep motor vehicles and real estate insured and protected.

3. Immediately fill out a change of address at the post office to have the

decedent’s mail forwarded to you.

4. No later than two (2) months after your appointment, have your attorney file in

this Court an inventory describing all property belonging to the estate, with date of

death values, and forthwith serve a copy of the inventory on all known heirs,

beneficiaries or distributees of the estate.

5. Estate Checking Account

a. -Open a separate checking account in your name “as personal representative

for the estate of (the decedent).” Obtain a federal tax I.D. number for the

checking account. Do not use your Social Security number or decedent’s

Social Security number.

b. -DO NOT put any of your funds or anyone else’s funds in this account.

c. -Always pay for estate expenses by checks from this account. Do not pay

any expenses with cash.

d. Make sure that the bank is willing to return cancelled checks or electronic

versions of the checks to you.

e. -Keep records of all deposits including the identity of the person or entity

paying money into the estate.

6. Determine all debts that the decedent owed. Look through decedent’s tax returns and

other papers. Talk to anyone who knew decedent’s business. Consult your attorney

as to payment of debts, costs of administration, bond premiums, and funeral bills.

Some debts may be unenforceable. Some may have priority over others.

7. Have your attorney provide written notice of the administration of the estate to all

known creditors of the estate.

8. If the decedent owned a business or was involved in contracts which were not

yet fully performed, have your attorney obtain directions from the Court as to those

matters.

9. DO NOT MAKE any distribution of personal property or real estate to an heir or

devisee without prior Court order.

10. NEVER borrow estate property or put it to your own personal use.

11. Prepare and file income tax returns for the tax year in which the decedent died

and any returns for prior years if needed. Timely prepare and file any estate,

inheritance or fiduciary tax returns and pay taxes as they come due.

12. Accounting. Indiana law requires the estate to be closed within one (1) year of

your appointment as personal representative. Before the estate can be closed, you

must file with the Court a final accounting of your actions as personal representative.

13. Have your attorney file your final accounting, consisting of three (3) schedules,

after the administration of the estate has been completed.

a. The first schedule must include all assets listed on the inventory, any

income and additional assets obtained during administration, and any

adjustments to the inventory.

b. The second schedule must be an itemized list of expenditures.

Documentation for each expense shall include: (a) the payee; (b) check

number or other identifying number on the instrument; (c) the amount

disbursed; and, (d) if the reason for disbursement is not apparent from the

description of the payee, a description of the reason for the disbursement

sufficient to substantiate the reason for the disbursement as part of the

administration of the estate. Cancelled checks or facsimile copies of paid

checks for each expenditure should be attached as evidence of payment.

c. The third schedule must be a recapitulation indicating the remaining

estate property after subtracting expenditures. A proposed distribution must

be furnished to all interested parties, including heirs.

14. After the Court approves your final account, make distribution to the proper people

and file a supplemental report with the Court, attaching receipts.

15. Notify the Court and your attorney of any change in your address or telephone

number.

16. NEVER pay yourself or your attorney any fees from assets of the estate without

a prior Court Order, unless your attorney confirms to you that the law or local court

rules allow you to reimburse yourself from estate assets for necessary expenses that

you previously paid with your personal funds.

17. Keep a record of the time you spend working on the estate. You are entitled to a

reasonable fee, unless you waive a fee. Time records will help the Court determine

your fee.

18. Always contact your attorney for advice if you are unsure as to any act as

personal representative. Have your attorney counsel you in relation to the estate and

explain anything that you do not fully understand.

19. Do not sell an estate asset without prior Court Order unless the Will, in very specific

terms, authorizes sale without court order. Consult your attorney about this.

I acknowledge that I have carefully and completely read the above

instructions and received a copy for my records. I agree to properly carry out my

duties.

Date_________________________________.

Signature, Personal Representative Signature, Personal Representative

Print, Personal Representative Print, Personal Representative

LR37-AR00-20 Form

Name of Decedent________________________

Cause No.______________________________

COURT’S INSTRUCTIONS TO PERSONAL REPRESENTATIVE OF

UNSUPERVISED ESTATE

Please read carefully before you date and sign. One copy of this form must be filed with the

Court before your appointment as personal representative is confirmed by the Court. Keep one copy

for your records.

Introduction: You have been appointed as the personal representative of the estate of a

deceased person. By your appointment, the Court has placed in you the highest trust that you will

perform your duties in the best interests of all beneficiaries and creditors of the estate. It is

important that you fully realize your duties and responsibilities. Listed below are some, but not all

of them. The Instructions which follow are to be considered by you as Orders of the Court which

require you to perform as directed. Although your attorney will file all papers with the Court, you,

as personal representative, are ultimately responsible to see that the estate is properly and promptly

administered, and you are personally liable for incorrect distributions, payments, or acts, as well as

any unpaid taxes or costs of administration.

As personal representative, you are required to:

1. Locate, collect and maintain all property owned by the decedent.

2. Keep motor vehicles and real estate insured and protected.

3. Immediately fill out a change of address at the post office to have the decedent’s mail forwarded

to you.

4. Within two (2) months of your appointment you must either:

A. file with the Court an inventory conforming with the requirements of I.C. 29-1-7.5-

3.2(b) and forthwith serve a copy of the inventory on all known heirs, beneficiaries or distributees

of the estate, or,

B. file with the Court a verified certification that an inventory conforming with the

requirements of I.C. 29-1-7.5-3.2 has been prepared, that it is available to be furnished to

distributees on request and that notice of preparation of the inventory and its availability has been

forthwith served on all known heirs, beneficiaries or distributees.

5. Estate Checking Account.

A. Open a separate checking account in your name “as personal representative for the estate

of (the decedent).” Obtain a federal tax I.D. number for the checking account. Do not use your

Social Security number or decedent’s Social Security number.

B. DO NOT put any of your funds or anyone else’s funds in this account.

C. Always pay for estate expenses by checks from this account. DO NOT pay any expenses

with cash.

D. Make sure that the bank is willing to return cancelled checks or electronic copies or

digital images of the paid checks to you.

E. Keep records of all deposits, including the identity of each person or entity paying the

money into the estate.

6. Determine all debts that the decedent owed. Look through decedent’s tax returns and other

papers. Talk to anyone who knew decedent’s business. Consult your attorney as to payment of

debts, costs of administration, bond premiums, and funeral bills. Some debts may be unenforceable.

Some may have priority over others.

7. Have your attorney provide written notice of the administration of the estate to all known

creditors of the estate.

8. NEVER borrow estate property or put it to your own personal use.

9. DO NOT distribute any estate assets until assets (including personal property) are appraised, and

consult with your attorney prior to making any distribution.

10. Prepare and file income tax returns for the tax year in which the decedent died and any returns

for prior years if needed. Timely prepare and file any estate, inheritance or fiduciary tax returns and

pay taxes as they come due.

11. After you fully complete the estate administration, you must file a closing statement with the

Court verifying that all proper claims, expenses and taxes have been paid, that all assets have been

properly distributed, and that a copy of the closing statement has been sent to all distributes, fully

accounting for all assets, expenses and distributions made to the heirs.

12. Notify the Court and your attorney of any change in your address or telephone number.

13. Keep a record of the time you spend working on the estate. You are entitled to a reasonable fee,

unless you waive a fee. Time records will help the Court determine your fee.

14. Always contact your attorney for advice if you are unsure as to any act as personal

representative. Have your attorney counsel you in relation to the estate and explain anything that

you do not fully understand.

I acknowledge that I have carefully and completely read the above instructions and received a copy

for my records. I agree to properly carry out my duties.

Dated this _________day of _________________________________, 20 _____.

_____________________________ ___________________________________

Signature, Personal Representative Signature, Personal Representative

_____________________________ ___________________________________

Print, Personal Representative Print, Personal Representative

I acknowledge that I have carefully and completely discussed the above instructions with my client

before this form was signed and believe that he or she is fully aware of and capable of performing

the duties required of a personal representative of a supervised estate.

_____________________________ ___________________________________

Signature, Attorney Signature, Attorney

_____________________________ ___________________________________

Print, Attorney Print, Attorney

LR37-AR00-20.1 Form

LR37-AR00-21 General Probate Rules

A. An inventory shall be filed by the fiduciary in all estates and guardianships

as follows: Estates (supervised and unsupervised), within sixty (60) days; Guardianships,

within ninety (90) days for permanent guardians and within thirty (30) days for temporary

guardians. All times relate to the date of appointment of the fiduciary. In the event a

partial inventory is filed, all subsequent inventories must contain a recapitulation of prior

inventories.

B. Unless otherwise ordered by Court in a particular proceeding, closing

statements complying with requirements of I.C. 29-1-7.5-4 or other statute are sufficient to

result in closing an estate. Any objections thereto will be scheduled for hearing. No orders

approving closing statements will routinely be provided. As part of the closing process, the

Court will accept Affidavits in Lieu of Vouchers.

C. If a Supervised or Unsupervised estate cannot be closed within one (1) year

from opening, the Personal Representative must report the condition of the estate to the

Court one (1) year after the date of the Personal Representative’s appointment, and

thereafter every year until the estate is fully administered.

D. Where a restricted account has been created, an acknowledgment of or

acquiescence to the restriction by the financial institution involved must be filed by the

Guardian or Attorney within ten (10) business days of the Court Order creating such an

account.

E. In the event an individual is appointed Guardian to handle the financial

affairs of a protected person, the Guardian shall file his/her first current Accounting within

thirty (30) days after the first anniversary of the date on which the letters were issued, and

every year thereafter, unless relieved of that duty by the Court upon filing a proper request.

If relieved of annual accountings by the Court, then an accounting shall be required

biennially, per Indiana Code § 29-3-9-6.

F. Where assets are claimed to be in a financial or holding institution, the

Guardian's Accounting must contain a certification by an officer of the institution as to the

amount and value of the assets remaining in the guardianship account. The certification

must be dated by the officer not more than ten (10) days prior to the date of filing the

Accounting

G. All Social Security benefits received on behalf of a protected person must be

included and accounted for in the Guardian's Accountings. If this is the only income

received by the Incapacitated person, the Court will accept a copy of the annual report filed

with the Social Security Administration as the accounting.

LR37-CP00-21 Plea Agreement Submission

A. Written plea agreements submitted in criminal cases shall be submitted on

the attached form entitled “Jasper County Courts Plea Agreement Form.” Defense counsel

shall provide sufficient copies for the Court, the Defendant, the State and any other affect

entity such as the Probation Department or Jasper County Community Corrections.

B. Written plea agreement resolving cases must be submitted to the Court prior

to the time for summonsing jurors for a criminal jury trial pursuant to Jury Rule 4(b).

C. Continuance in a Criminal Case. Upon motion of any party, the Court may

grant a continuance only upon showing of good cause and only for so long as necessary,

taking into account not only the request or consent of the prosecution or defendant, but also

the public interest in the prompt disposition of the case. All orders granting continuances

shall indicate on which party's motion the continuance is granted. All motions for

continuance or enlargement of time (whether 1st, 2nd, 3rd, etc) shall be made in writing,

shall state whether or not opposing counsel objects to the motion, and shall state whether

prior continuances or enlargements have been requested by either party and whether such

prior request was granted. All motions for continuance or enlargement of time shall

denominate in the title of such motion whether it is the first, second, third, etc motion for

continuance or enlargement of time; e.g. Defendant’s Second Motion for Continuance of

Mandatory Disposition Conference.

D. Notice to Probation. In any plea agreement that contains proposed

supervision by Probation to be transferred to another State or to another County, counsel

shall provide advance notice to the Probation Department so that necessary administrative

proceedings involving the transfer. If the Probation Department determines or learns that

the Probation cannot be transferred or will not be accepted, it shall notify the Court and

parties. Submission of a plea signed by the parties and counsel is affirmation to the

Court of compliance with this rule.

JASPER COUNTY COURTS PLEA AGREEMENT FORM

STATE OF INDIANA IN THE JASPER Choose an item. COURT

COUNTY OF JASPER Cause Number(s)

Click or tap here to enter text.

STATE OF INDIANA Click or tap here to enter text.

Click or tap here to enter text.

v. Click or tap here to enter text.

Click or tap here to enter text.

DEFENDANT

PLEA AGREEMENT

Defendant is charged with: Click or tap here to enter text.

Defendant will plead guilty or admit to: Click or tap here to enter text.

PRE-SENTENCE INVESTIGATION REPORT: A presentence investigation report is

required for all sentence to the Department of Corrections and Community Corrections. A

Level Six Felony sentenced to the Jasper County Jail or entered as a Misdemeanor may waive

a PSI. Do all parties waive? ☐ Yes ☐ No ☐N/A

SENTENCE: Defendant will be sentenced to: Click or tap here to enter text..

☐In the Indiana Department of Correction (IDOC) in Cause number Click here to enter

text.

☐ In the Jasper County Jail in Cause number Click here to enter text.

☐ With all suspended to time served which is Click here to enter text..

Defendant is/was incarcerated from Click or tap to enter a date. to Click or tap to enter a

date..

Time served is Click or tap here to enter text. actual jail days prior to

sentencing.

☐ may be served at Jasper County Community Corrections at a level to be determined

by them.

☐Other: Click or tap here to enter text.

PROBATION:

☐ The Defendant shall be placed on probation at a level of supervision to be determined

by probation by evidence based risk analysis for Click or tap here to enter text.

days.

Special Terms or Conditions of Community Corrections or Conditions of Probation include:

☐ Defendant shall submit to at-random blood, breath, urine testing for drugs and alcohol.

Defendant to pay initial fee.

☐ Restitution to: _ in the amount of $ Click or tap here to enter text..

☐ Community Service of Click or tap here to enter text. hours, supervised through JCCC

(Fees paid directly to JCCC).

☐ Counseling: Click or tap here to enter text..

☐ If charged with a felony, DNA Sample as required by I.C. §10-13-6-10

☐ TAD monitor for Click or tap here to enter text. (Fees to apply)

A no-contact order will ☐continue; ☐ be terminated; or, ☐ added protecting Click or tap

here to enter text.

☐Other: Click or tap here to enter text..

Alcohol/Substance Abuse/Domestic Violence/Anger Management Education

Classes/Counseling through Ryan & Ryan: Fees assessed by the Court and paid through

the Clerk of the Court. Additional fees may be charged by the providers for On-Line

Offender Solutions Programs and are the responsibility of the Defendant.

☐Ryan & Ryan Evaluation & Prime for Life/Advanced Education Fee $400.00*Spanish

available*

☐ Ryan & Ryan in-state tracking fee $100.00

☐ Ryan & Ryan out-of-state tracking fee $100.00

☐ Ryan & Ryan Offender Supervision Fee for Bad Check/Theft $50.00

☐ Ryan & Ryan Offender Solutions/Anger Management/Domestic Violence fee $200.00

☐ Ryan & Ryan Re-Think a Drink (underage alcohol) Fee $200.00

☐ Ryan & Ryan Alternatives (juvenile alcohol/drug classes) Fee $200.00

☐ Ryan & Ryan Social Values The Change Company $50.00

☐Other: Click or tap here to enter text..

Additional Fees for the following are to be paid directly to the service provider:

Offender Solutions (through Ryan & Ryan)

☐ Adult Theft Class (4hr/$50.00; 8 hrs/$65.00)*also available in Spanish*

☐ Anger Management/Domestic Violence (8 hr/$64.00; 10hr/$74.00; 12 hr/$84.00)

☐ Bad Check Course ($65.50)

☐ Re-Think a Drink ($50.00)

Jasper County Community Corrections

☐"Thinking for a Change" classes at Jasper County Community Corrections ($75.00 fee

for individuals not sentenced to the JCCC)

☐Complete "Thinking for a Change" after release from JCCC.

Domestic Violence Treatment and Education Courses

☐Character Restoration, Lafayette, Indiana

☐Other: Click or tap here to enter text.

FINES AND COSTS:

Defendant will be fined $ __ for ☐each count ☐ each cause, plus court costs. ☐ Court

costs to merge

Court costs to include:

☐ Statutory Domestic Violence Fee of $50.00 ☐ Alcohol Counter-Measure Fee of

$200.00

☐Drug/Marijuana Interdiction Fee of $200.00 ☐Drug/Marijuana Eradication Fee of

$50.00

☐Misdemeanor Public Defender Fee of $50.00 ☐Felony Public Defender Fee of

$100.00

☐Safe School Fee of _______ ☐CASA / GAL Fee of $50.00

Time to Pay: Defendant will have ___ days to pay all fines, costs, fees, restitution, and

probation fees. ☐Fines, costs, fees, restitution, and fees are entered as a judgment

against Defendant.

LICENSE SUSPENSION:

☐Defendant’s driving privileges will be suspended for Click or tap here to enter text.

days. Suspension to start on Click or tap to enter a date.. Defendant to receive credit for

administrative suspension unless there is a breath test refusal.

☐Restricted driving privileges for __. Defendant is allowed to drive to and from work,

during the course of employment and to and from probation and other required

counseling appointments. Separate Order will be entered.

☐ Other: Click or tap here to enter text..

MISDEMEANOR TREATMENT FOR FELONY CONVICTION.

☐ Upon successful completion of the terms of this agreement, the Defendant’s conviction

shall be entered as a Class A Misdemeanor on notice to the Court.

☐ Upon successful completion of the terms of this agreement, the Defendant may petition

the Court to enter Judgment as a Class A Misdemeanor at the Court’s

discretion.

BOND: Cash bond, if any, is automatically applied to the payment of any fines, costs, fees,

restitution and probations fees. Any remaining balance is then released to the posting party

or paid per bond assignment.

FINGERPRINTS: Defendant, if not previously arrested and processed at the Jasper County

Jail for this charge, will report to the Jasper County Sheriff's Department to submit to

fingerprinting due to the conviction in this case pursuant to Indiana Law.

TRANSFER OF PROBATION: This plea agreement contains a transfer of probation to

another state or county. The parties signify by submitting the plea that they have contacted

probation prior to the plea hearing and have been advised by Probation that this sentence

complies with the Interstate Compact for transferring offenders to another state or the rules

for intrastate transfer.

☐OTHER: Click or tap here to enter text.

______________ ______________________ ___________________

State of Indiana Defense Counsel Defendant

WAIVER AND ADVISEMENT OF RIGHTS

The Defendant having submitted a plea of guilty pursuant to a Plea Agreement or agreed

recommendation now asserts and that he understands each of the following rights which are

voluntarily waived pursuant to entering a plea of guilty.

1. The right to have a speedy and public jury trial in the county in which the offense

was committed.

2. The right to demand the nature and the cause of the accusation against you and the

right to have a copy thereof.

3. The right to confront and to cross-examine the witnesses face to face.

4. The right to use compulsory process to obtain witnesses and evidence in your favor.

5. The right to remain silent and not to testify against yourself.

6. The right to have the State of Indiana prove you guilty beyond a reasonable doubt.

7. The right to appeal the sentence or conviction of this Court to a higher Court such as

the Indiana Court of Appeals or the Indiana Supreme Court.

8. The right to petition the Court to modify the sentence as a fixed sentence contained

in a plea agreement approved by the Court cannot me modified without the consent

of the State, Defendant and the Court.

The Defendant also certifies and understands the following:

1. A record of this conviction will become a part of his/her permanent criminal record

and driving record, if applicable, and could be used to impose harsher penalties or

sentences in the future.

2. This plea is made of his/her own free will and is a voluntary act. No threats or force

has been used against him/her to obtain his/her plea of guilty.

3. The Defendant is not under the influence of any drug, medication or intoxicant that

effects his/her understanding of the plea agreement, the proceedings in Court and this

waiver of rights.

4. If the Defendant is on parole, probation or a suspended sentence from another Court,

this plea of guilty and conviction could affect your probation, parole, or suspended

sentence case. Also, any punishment that you receive for this case must be served

separately (“consecutively”) from any punishment for the other case.

5. The Defendant is not suffering from any mental illness or diagnosis that would affect

his/her ability to understand this plea agreement, the Court proceedings and this

waiver of rights.

6. If you are not a U.S. Citizen, a conviction may affect your immigration status, and

may lead to deportation, prevent you from re-entering the United States or being

denied citizenship. You have a right to contact an attorney or your Consulate.

7. A conviction for a crime involving a motor vehicle may result in a license suspension

and may lead to your being an Habitual Traffic Violator or an Habitual Vehicular

Substance Offender if the crime involves the use of alcohol or a controlled substance.

8. If your sentence includes a period of “suspended” jail time and you are placed on

probation, there will be certain rules that you must follow. You may be required to,

in addition to any special conditions, the following general rules of probation during

the term of probation. You cannot commit or be convicted of any new crimes; possess

any deadly weapon; possess, buy, sell, or use any illegal drugs, controlled substances

or alcohol; leave the State of Indiana without permission of the Court. While on

probation you must attend all meetings with Probation Office; allow Probation

Officer to visit you at home, work, or any other location; maintain suitable

employment and housing; notify Probation Officer of any changes to personal contact

information or employment; pay all fees, fines, costs of ordered by the Court and

related to probation; must not associate with anyone on probation, parole, pre-trial

release, or anyone serving a sentence with any state, local, or private correctional

facility unless given permission by the Court or Probation Office.

9. A violation of the rules of probation could result in a Petition to Revoke Probation or

internal sanctions. If you are found to have violated probation, the Court can order

that you serve the entire suspended sentence in jail or in the Department of

Corrections.

10. If you are pleading guilty to more than one crime, the Court may impose the sentences

“consecutively” or “concurrently.” When sentences run consecutively, they run one

after the other, which means that time served toward one sentence does not count as

time served toward the other sentence. When sentences run concurrently, they run at

the same time, which means that time served toward one sentence counts as time

served toward the other sentence as well.

11. If you were free on bond in another case when you committed this offense, pleading

guilty in this case may cause that bond to be increased or revoked. Also, any sentence

that you receive for this case must be served separately (“consecutively”) from any

sentence for the other case.

I have read this entire document, I understand each paragraph, and I wish to

waive/give up my rights as explained above, so that I can plead guilty.

__________________________ _____________________________

Defendant Date

LR37-CP00-21 Plea Agreement Submission Form

LR37-FL00-22 Guardians Ad Litem in Family Law and Probate Cases

A. A party may request a guardian ad litem in a family law or probate matter by

filing, at least thirty (30) days prior to any hearing set upon an issue for which a guardian

ad litem is sought.

B. The Court shall set a hearing on the request for a guardian ad litem unless

the parties agree to a guardian ad litem pursuant to subpart D of this rule.

C. If the Court appoints a guardian ad litem, the Court shall specify in its order

set out the scope and duties of the guardian ad litem as well as ordering a process for

payment of the guardian ad litem by the parties.

D. In the event the parties agree to a guardian ad litem, the parties shall

submitted an agreed order signed by parties and counsel which also contains the

requirements found in subpart C of this rule.

E. A guardian ad litem who has not been timely paid by the parties prior to

filing a report or testifying at a hearing may request by motion instructions from the Court

on proceeding further or to force compliance with any order issued under subparts C & D

of this Local Rule.

F. Unless otherwise stated by Court order the service of a guardian ad litem in

family matters or probate matters shall terminate upon the filing of a guardian ad litem’s

Report and testimony upon conclusion of the hearing on the issue or petition for which the

guardian ad litem was appointed. It is the responsibility of the guardian ad litem to file a

Motion to Withdraw citing this rule upon completion of their appointed duties.

LR37-FL00-23 Family Law Settlement Conference

A. Prior to a hearing in a family law case, including IV-D support matters

where divorce, paternity, support, custody, visitation, property division are in issue,

counsel and the parties shall conduct a settlement conference in good faith in an attempt to

resolve the matter prior to a court hearing.

B. A party or counsel failing to attend a settlement conference under this rule

may be subject to sanctions allowed by any applicable court rule or statute including

payment of attorney fees.

C. The parties and their counsel shall file and sign a brief pleading with the

Court indicating they have complied with this rule showing:

1. The date of the settlement conference;

2. The persons in attendance; and

3. Whether or not a full or partial settlement was reached.

D. In the event a full or partial settlement is reached counsel and parties shall

file and submit the signed written agreement with the notice of compliance with this rule.

LR37-FL00-24 Family Law Trial Readiness

A. Seven days prior to a contested final hearing in a dissolution of marriage

action on any issue or a contested hearing on a paternity or a co-habitation case, each party

shall complete and file the Contested Issues Dissolution Trial Readiness Form contained in

this rule.

B. A party failing to comply with this rule may be subject to sanctions from the

Court under the Trial Rules or by any applicable statute. The Court may also continue the

final hearing until the parties comply with this rule.

C. Parties are not required to use the form as a mandatory discovery exchange

tool; however, the Court encourages the parties to use the form for discovery or other

means that may facilitate the progress or resolution of issues in the cause.

D. Seven days prior to any contested hearing in a family law case including

paternity, support, post-secondary educational support, custody, visitation, dissolution of

marriage (except for Title IV-D support cases) the parties shall complete and file the

Family Law Contested Hearing Witness List contained in this rule.

E. Failure to file the Family Law Contested Hearing Witness List may subject

a party to sanctions under the Trial Rules, applicable statutes, or rules of evidence

including the prohibition of calling witnesses.

F. Nothing in this rule shall be construed to limit or prevent the authority of the

Court to proceed with any hearing notwithstanding compliance or non-compliance with this

rule.

Jasper County Courts Cause No:

Adopted 2020

Party Name

CONTESTED DISSOLUTION ISSUES TRIAL READINESS FORM

Issue Contested Agreed

Custody

Support

*(parties shall submit proposed child support obligation worksheets as required

by 2019 amendments to the Indiana Child Support Rules)

Visitation

Supervised (Y/N) By whom:

Relocation

Arrearage:

Amount_______________________(attach calculation)

Other:

__________________

ASSETS

Marital Residence

Value Debt Equity

Sell? Terms

To: W_____H_____ Terms

Other Real Property

Value Debt Equity

Sell? Terms

To: W_____H_____ Terms

Vehicles:

Year_________ Make/Model____________________ Value_______________ W____H____

Boats / Trailers / Campers / Other Craft

Year_________ Make/Model____________________ Value_______________ W____H____

Pensions / 401k / Other Retirement

Plan Type & Administrator

Owner(W or H) QUADRO? Present Value

Plan Type & Administrator

Owner(W or H) QUADRO? Present Value

Plan Type & Administrator

Owner(W or H) QUADRO? Present Value

Plan Type & Administrator

Owner(W or H) QUADRO? Present Value

Bank Accounts

Bank Account Amount W___ H___

Debts

Type Amount W____H____JT___ To whom:_______

Other Assets / Debts

What Amount W____H____JT___ To whom:_______

Other

(Parties may attach additional sheets if necessary)

Attorney Party

FAMILY LAW CONTESTED HEARING WITNESS LIST

Name of Witness Estimated Time of Direct Exam. Expert or Lay?

LR 37-FL00-25 Miscellaneous Family Law Rules

A. Worksheet Required. In all proceedings involving child support, each party

shall file with any settlement, or enter into evidence during any trial, Indiana Child

Support Guidelines worksheets - one or more depending on the facts. Further, the

worksheet(s) shall, when reasonably possible, be filed and delivered to the other party and

Court simultaneously with the Family Law Contested Witness List or the Contested

Dissolution Issues Trial Readiness Form. The worksheet(s) shall be promptly

supplemented if any changes occur prior to hearing.

B. Agreed Support Differing from Guidelines: If an agreement concerning

support contains deviation of ten percent (10%) or more from the Guidelines, the parties

shall present to the Court a written explanation, with supporting documents if applicable,

justifying the deviation.

LR 37-AR00-26 After Hours Emergency Matters

Any after hour emergency pleading or petition including search warrants and orders

for emergency detention must be electronically communicated to the Judge in a form that

can be downloaded and signed electronically with the use of a program or application such

as Adobe Fill & Sign® or other designated format by the Judge. Pleadings sent may not be

“read-only” or encrypted in any manner that would impede the signing of the requested

order electronically wherever the Judge may be located at that time. The Judge must have

the ability to modify and sign any proposed after hour document. Encrypted documents

sent with a separate password in a separate e-mail are not permitted. Parties seeking

emergency orders after hours who do not comply with this rule or do not want to comply

with this rule may e-file the petition pursuant to Trial Rule 86 by counsel and it will be

addressed, at the earliest, the next business day upon processing by the Clerk of the Court.

LR 37-AR00-27 Title Insurance Required for Sheriff’s Sale

Pursuant to Rule 69(F) of the Indiana Rules of Trial Procedure, the Courts of Jasper

County will require in any judicial sale of land, including without limitation mortgage and

lien foreclosures, execution sales, sales by receivers, assignees for the benefit of creditors,

guardians or trustees, or partition sales, upon motion the court in its discretion may order

the judgment creditor, person seeking the sale, or officer conducting the sale to procure a

qualified title opinion or a title insurance policy from a title insurance company authorized

to do business in Indiana with respect to the interest of the person whose land is being sold.

The policy must be conditioned to cover the purchase price at the sale and may be given

with any necessary exclusions. The opinion or policy shall run to all parties interested in

the litigation and to any purchaser or purchasers at the sale. The opinion or policy or copy

thereof shall be available for inspection in the court from which the sale is being conducted

or in the office of the court officer conducting the sale at the first notice of sale and shall be

made available for inspection at the sale. Expenses of the opinion or policy shall be taxed

as costs like other expenses of the sale and paid from the first proceeds of the sale. The

opinion or policy shall not cover defects arising in the conduct of the sale.

LR 37-SC00-28 Small Claims Rules

A. All Notices of Claim shall be set for trial. There are no initial hearings, first

hearings or default hearings or dates.

B. Each party bears the responsibility for filing the appropriate paperwork with

the Court on any cases that are resolved or otherwise not heard in the Courtroom or the

record. Failure to notify the Court of any agreement reached and a failure to file any

necessary pleading or order thereafter in a timely fashion will result in the Court assuming

the parties did not show and dismissing the pending petition or Notice of Claim.

C. Proceedings Supplemental and Rules to Show Cause Hearings shall be

conducted pursuant to and in compliance with these rules. Prior to a Court hearing on a

Rule to Show Cause or a Proceedings Supplemental, the parties must first meet and attempt

to resolve the matter before coming into the Courtroom and requesting a hearing on the

record.

D. Parties and/or Counsel are responsible for notifying opposing parties and

counsel of all filings and pleadings.

E. Parties and/or Counsel are responsible for obtaining service under Trial Rule

4 and for making all of the necessary arrangements for proper service including postage

and Sheriff’s fee and delivery of pleadings to be served to the Sheriff.

F. It is the responsibility of the party or counsel to file proof of service.

Provenance

Source: www.in.gov
Retrieved: 2026-10-02
Edition: supplied-in-28-38-jasper-local-rules-2021-10-15
Content hash: ded07bd829305baebdaef38dd49ab900b5fdb0e22a6726e1f890f689ed651147

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