Ind. County Local Rule: jennings-local-rules

LOCAL RULES OF THE

JENNINGS CIRCUIT AND SUPERIOR COURTS

PURSUANT TO INDIANA RULE OF TRIAL PROCEDURE 81

Updated January 1, 2026

CAUSE NO. 40C01-0502-CB-007

TABLE OF RULES

LR 40-AR00-112 AUDIO AND/OR VIDEO RECORDING OF COURT

PROCEEDINGS

LR 40-AR8-01 INITIAL CASE ASSIGNMENT AND LOCAL CASELOAD PLAN

LR 40-CR2.2-2 PROBLEM-SOLVING COURT SPECIALIZED COURT FEES

LR 40-CR13-03 JUDICIAL OFFICERS

LR40-TR00-01 SANCTIONS

LR40-TR7-01 MOTIONS

LR40-TR26-01 DISCOVERY REQUESTS

LR40-TR52-01 FINDINGS OF FACT

LR 40-TR79-03 SPECIAL JUDGE APPOINTMENT IN CIVIL CASES

LR 40-TR58-04 PREPARATION OF COURT FORMS, ENVELOPES AND

POSTAGE

LR 40-AR12-05 FACSIMILE FILINGS

LR 40-TR53.5-06 CONTINUANCES

LR 40-TR53.5-07 WITHDRAWAL

LR 40-TR3.1-08 BANKRUPTCY

LR 40-TR4-09 SERVICE OF PROCESS

LR 40-FL01-10 PARENTING POWER PROGRAM

LR 40-AR10-11 COURTHOUSE SECURITY

LR 40-AR01-12 ATTIRE

LR 40-AR21-02 REASSIGNMENT IN CRIMINAL CASES

LR 40-AR21-03 JUDICIAL OFFICERS

LR 40- JR4-13 JURY SELECTION

LR 40-JR10-14 JUROR PRIVACY

LR40-FR00-01 EXHIBIT REQUIREMENT FOR CONTESTED DIVORCE AND

PATERNITY HEARINGS

LR40-FR00-308 EXPEDITED HEARINGS

LR 40-FL03-16 PROTOCOL FOR PROTECTIVE ORDER FILINGS

LR 40-TR65-17 PROTOCOL FOR EX PARTE OR EMERGENCY CUSTODY

ORDERS OR EX PARTE GUARDIANSHIPS OF MINOR

CHILDREN

LR 40 CR01-18 MEDICAL RELEASE FROM THE JENNINGS COUNTY JAIL

LR 40-CR02-19 FUNERAL LEAVE FROM THE JENNINGS COUNTY JAIL

LR 40-CR03-20 DISTRIBUTION OF MONIES RECEIVED IN CRIMINAL CASES

LR 40-AR15-21 COURT REPORTER SERVICES

LR 40-CR00-22 LATE PAYMENTS – ADDITIONAL FEE

LR 40-ADR-23 MEDIATION

LR 40-AR19-24 ANIMALS IN THE COURTHOUSE

LR 40-AR07-25 EVIDENCE RETENTION, HANDLING, AND DESTRUCTION

1

LR 40-AR00-112 - AUDIO AND/OR VIDEO RECORDING OF COURT PROCEEDINGS

Pursuant to Indiana Code of Judicial Conduct Rule 2.17 (Prohibiting Broadcasting of

Proceedings), and the inherent authority of the Court to prevent the disruption of court

proceedings, the recording of audio and taking of video or photographs in the courtroom and

adjacent hallways is prohibited. The broadcasting, televising, distribution, or possession of any

unauthorized photographs or audio and/or video recordings of any court proceedings is also

prohibited. The recording of audio and/or taking of video or photographs or the broadcasting,

televising, distribution or possession of any such recording, without the prior written approval of

the Court, may be punishable as a contempt of court.

A person who aids, induces, or causes the unauthorized recording of audio and/or taking of video

or photographs of court proceedings or a person who broadcasts, televises, distributes, or

possesses an unauthorized audio or video recording or photograph of a court proceeding, is also

subject to contempt of court proceedings.

In order to ensure compliance with and/or to determine if there is a violation of this rule, the

Court may order the seizure of any electronic device suspected of containing or being used in the

transmission of unauthorized photographs or recordings. In addition to the possible sanctions for

contempt, including imposition of a fine and/or commitment to the Jennings County Jail, the

Court may confiscate any audio recording, video recording, or photograph that is in violation of

this rule.

LR 40-AR8-01 - INITIAL CASE ASSIGNMENT AND LOCAL CASELOAD PLAN

(See Indiana Administrative Rules 1(E) and 8)

Unless otherwise required by statute, the Clerk of Courts and the Prosecuting Attorney of

Jennings County, to the extent applicable, shall file the following cases in the following Court:

Jennings Circuit Court

1.) All Level 1, 2, 3, 4, 5, and 6 felonies and Murder (MR), EXCEPT those filed alleging a Level

6 felony under IND. CODE §9-30-5-3 or §9-30-5-4 and related Post Conviction Relief

proceedings.

2.) Mental Health (MH)

3.) All Adoption or Adoption History Petitions (AD and AH)

4.) All Estates and Trusts (EU, ES, EM, and TR)

5.) All Guardianships (GU and GM)

6.) All juvenile matters (JC, JT, JD, JM, JS, JO, and JP)

7.) All pre-filing motions where the underlying case would be heard in Jennings Circuit

Court.

Jennings Superior Court

1.) All Level 6 felonies alleging a violation of IND. CODE §9-30-5-3 or §9-30-5-4

2.) All Infractions (IF)

3.) All Misdemeanors (CM)

4.) All Local Ordinance and Exempted Ordinance Violations (OV and OE)

5.) All Small Claims (SC)

2

6.) All Protection Orders (PO)

7.) All family law matters (new filings DC, DN, DR, GV, and RS)

8.) All civil actions, unless otherwise assigned (CP, CT, PL, CE, CC, EV, MF, RA, TP, and TS)

9.) All Miscellaneous (MI) cases except for pre-filing motions that would be heard by Jennings

Circuit Court.

OTHER

Court Business (CB) cases shall be filed in the court where any related matters are filed.

If the matters are concerning both Circuit and Superior Courts, it shall be filed in Circuit Court.

Expungement petitions (XP) filed under IND. CODE §35-38-9 shall be filed in the court

where the conviction occurred or was filed if no conviction occurred. If the Petition for

Expungement involves convictions in both Circuit and Superior Courts, the petition shall be filed

in the court with the highest level case.

If a petition is filed under IND. CODE §35-38-9-1(a) (arrest with no charges ever having

been filed), the Petition shall be filed in the Court which would have handled the most serious

charge not filed.

Any action involving a land contract, as defined in IND. CODE §24-4.4-1-301(36), shall

be filed as a civil action and not as a small claim.

In criminal cases, the most serious charge filed shall determine the proper Court.

If an information alleges a violation of IND. CODE §9-30-5-3 or 9-30-5-4 and any other

Level 6 felony, the case shall be filed in the Jennings Circuit Court.

All existing Domestic Relations (DR), Domestic Relations without Children (DN), and

Domestic Relations with Children (DC) cases will be heard in the court where they were

originally filed.

All Red Flag (RF) cases will be heard in the court where any related matters are filed. In

the event there are no other related matters filed, the RF case shall be filed in the Jennings

Circuit Court.

(Amendment effective January 1, 2026)

LR 40-CR2.2-2 - PROBLEM-SOLVING COURT SPECIALIZED COURT FEES

Pursuant to the Judicial Conference of Indiana Problem-Solving Court Rules, Section 16,

adopted June 16, 2011, and amended with an effective date of April 1, 2018, the Judges of

Jennings County Problem-Solving Courts may impose a range of fees for necessary and

appropriate intervention services, including but not limited to the following:

1.) Screening for treatment eligibility and other appropriate services;

2.) Assessment;

3.) Education;

4.) Referral to services; and Service coordination and case management.

The fees shall be as follows:

1.) $100.00 felon/$50.00 misdemeanant administration fee, due at the time of entrance into

the program (at the signing of the participant agreement); and

2.) A monthly user fee not to exceed $50, commencing in the second month of participation

and for each month thereafter for the duration of participation in the problem-solving

court.

3

Participants must pay all user fees in full prior to successful discharge from the program unless

otherwise specified in the case plan or by the Court. Fees shall be collected and utilized in

accordance with I.C. §33-23-16-23.

LR 40-TR00-01 – SANCTIONS

A.) COURT ACTION. When a party or counsel for a party fails to comply with any of these

Local Rules, the Court, after advising the party of the noncompliance, may direct the Clerk of the

Court to refuse to accept the pleadings or papers to be filed, or, if inadvertently accepted for

filing, direct that such pleadings or papers be stricken from the record.

B.) COSTS. In addition to the foregoing, the Court may order the party or counsel for the

party failing to comply with these Local Rules to pay reasonable expenses, including attorney’s

fees, caused by the failure.

LR 40-TR7-01 - MOTIONS

A.) GENERALLY. Excepting motions made during the course of a recorded proceeding, all

motions shall be in writing.

B.) PROPOSED ORDERS REQUIRED. Proposed orders shall accompany motions or

applications in the following matters:

1.) to enlarge or shorten time

2.) for setting of hearing, conference or trial

3.) for continuance

4.) for default judgment

5.) to compel discovery

6.) to withdraw appearance

7.) for dismissal

8.) for change of venue

9.) for restraining order, temporary injunction

10.) for summary judgment

11.) for reduction of bond

12.) for psychiatric examination for competency

13.) for modification of sentence

14.) for post-conviction relief

15.) for such other orders, judgments, or decrees as the Court may direct.

C.) HEARINGS REQUIRED. Excepting motions to correct error, motions for summary

judgment or other motions described in subsection F, subsection G, and subsection H of this rule,

all motions shall be accompanied by a motion requesting a hearing and a proposed order for the

scheduling of a hearing date.

D.) NOTICE OF MOTION AND ORDER. In lieu of the requirement of subsection C of this

rule, an attorney may utilize a Notice of Motion and Order for routine matters such as a motion

for continuance, motion to amend pleading, motion to shorten time, motion to add parties,

motion to compel discovery, and the like.

E.) MOTION TO CORRECT ERROR. At any time before the Court has ruled upon a

Motion to Correct Error, any party may request a hearing on such Motion by filing a written

motion requesting a hearing and a proposed order for the scheduling of a hearing date. It shall be

discretionary with the Court whether a hearing shall be held on such Motion to Correct Error.

4

F.) HEARING NOT REQUIRED. At the time of filing, the following motions shall be

summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing on

such motion should be scheduled.

1.) Motion for Enlargement of Time [initial request]

2.) Motion to Reconsider [denial of]

3.) Motion for Change of Venue from Judge/County

4.) Motion for Default Judgment

5.) Joint Motion for Continuance

6.) Motion to Dismiss

7.) Motion to Set Hearing/Pre-trial conference/Bench Trial

8.) Motion to Withdraw Appearance

9.) Such matters as permitted by statute or Trial Rule

G.) MOTIONS UNDER TRIAL RULES 12, 24, 42, and 60. Motions seeking relief under

Trial Rules 12, 24, 42, and 60 shall be accompanied by a brief and proof of service upon

opposing counsel. An adverse party shall have fifteen [15] days after service of the movant's

brief to file an answer brief, and the movant shall have seven [7] days after service to file a reply

brief.

Upon expiration of the time provided by the briefing schedule, the proponent of the

motion shall file a written request to schedule the matter for hearing.

H.) EXPUNGEMENTS FROM DISMISSAL UNDER I.C. 35-38-9-1. The Prosecutor filing

a motion to dismiss all charges or juvenile delinquency allegations resulting in expungement

shall be accompanied by a proposed Order Pending Expungement giving the prosecutor thirty

(30) days to file a response or that the Expungement shall be granted after sixty (60) days from

the date of the dismissal.

Upon expiration of the from the date of the dismissal, the proponent of the motion shall

file an Order Granting Expungement or a written request to schedule the matter for hearing.

LR 40-TR26-01 – DISCOVERY REQUESTS

As required by the Trial Rules, requests for discovery shall be served upon the parties and should

not be filed with the Court unless in connection with a dispute concerning compliance with prior

discovery requests.

Parties shall utilize digital format in discovery matters, including, but not limited to,

interrogatories, requests for production, requests for admissions and other requests for discovery.

All interrogatories to parties propounded pursuant to Trial Rule 33 shall be signed and dated by

the propounding party.

Pursuant to their obligations under the Indiana Rules of Professional Conduct, attorneys shall

make a good faith effort to schedule depositions in a way that avoids scheduling conflicts. Unless

agreed by counsel or otherwise authorized by the court, no deposition shall be scheduled on less

than ten (10) days’ notice.

To promote the orderly and expeditious handling of cases to trial readiness, counsel shall attempt

in good faith to resolve all disagreements between or among themselves concerning the necessity

5

for and scope of discovery, the necessity to seek sanctions, and protection against discovery

under Trial Rule 26 through Trial Rule 37.

After personal consultation and good faith attempts to resolve differences as to the foregoing

matters, counsel for any or all parties may move to compel discovery, invoke sanctions, or seek

protection against discovery as aforesaid. As a part of such motion, the party shall recite the date,

time, and place of the personal consultations and the names of the participants.

If counsel for any party advises the Court in writing that counsel for any other party has refused

or delayed consultation hereby contemplated, the Court shall take such action as is appropriate to

preclude, obviate, or avoid further delay.

The informal resolution requirement of Trial Rule 26(F) shall be strictly enforced. The Court

may deny any discovery motion filed pursuant to Trial Rule 27-37, if the moving party has not

complied fully with Trial Rule 26(F).

Upon strict compliance with Trial Rule 26(F), the Court may take any appropriate action or

schedule a hearing.

If an attorney sends at least one (1) email and makes at least one (1) telephone call seeking a

discovery dispute conference, but opposing counsel does not respond within seven (7) days from

the last attempt, it shall be presumed that reasonable efforts have been made and a Motion to

Compel may be filed. Such efforts and their results should be clearly stated in the Motion to

Compel. Sanctions for the non-responding party and attorney fees will be considered when

appropriate.

LR 40-TR52-01 - FINDINGS OF FACT

In all cases where findings of fact by the Court are requested or required, counsel of record shall

submit to the Court proposed findings setting forth all facts claimed to have been established and

the conclusions of law thereon. The proposed findings and conclusions shall be submitted to the

Court on a computer disc or by e-mail in the Court’s discretion within such time as directed by

the Court.

LR 40-TR79-03 - SPECIAL JUDGE APPOINTMENT IN CIVIL CASES

(See Indiana Rule of Civil Procedure 79(H))

In the event a special judge needs to be appointed under Indiana Rule of Trial Procedure 79(H),

the Court may reassign the case first to the Jennings Circuit Judge, and second to the Jennings

Superior Judge. In the event a reassignment cannot be accomplished pursuant to the rules set

forth above, then the case will be reassigned in consecutive order on a rotating basis from a list

of full-time judicial officers from the counties below in Administrative District 21 and from

contiguous counties who have agreed to serve as a special judge

Bartholomew County

Brown County

Decatur County

6

Jackson County

Jefferson County

Ripley County

Scott County

Or, any Senior Judge who has agreed to serve as a special judge in the Jennings Circuit or

Jennings Superior Court.

In the event that no judge is available for assignment or reassignment, such case shall be certified

to the Indiana Supreme Court for the appointment of a special judge.

(Amended effective January 1, 2026)

LR 40-TR58-04 - PREPARATION OF COURT FORMS, ENVELOPES, AND POSTAGE

A.) A party requesting a trial, hearing, or continuance shall be responsible for preparing an

order which schedules or reschedules, as appropriate, a matter for trial or hearing. The order

shall be submitted with the Motion For Trial, Hearing, or Continuance together with sufficient

copies and pre-addressed and pre-stamped envelopes to provide copies to all parties and/or

counsel of record. A party requesting a trial, hearing, or continuance shall provide the Court with

an estimate of the time anticipated to conduct the trial or hearing after conferring with opposing

counsel.

B.) A party filing any other type of motion shall, at the time of filing, submit a proposed

order with sufficient copies and pre-addressed, pre-stamped envelopes to serve all parties and/or

counsel of record, along with a copy for the RJO (Record of Judgments and Orders). All

pleadings, motions, and/or orders shall be on the front side of the paper only. Proposed orders

and judgments shall be on pages separate from the motion.

C.) A party agreeing or directed by the Court to prepare an order, judgment or decree shall so

do in accordance with the directives of the Court and Indiana Rule of Trial Procedure 58(B).

D.) All chronological case summary entries, orders, and judgments shall have, in the lower

left-hand corner of the signature page, a distribution list with the name and mailing address of

each party or attorney to receive a copy of the same.

LR 40-AR12-05 - FACSIMILE FILINGS

Facsimile filings of pleadings or correspondence are not accepted by the Circuit or

Superior Court and shall be discarded if sent to either the Court or the Clerk.

LR 40-TR53.5-06 - CONTINUANCES

A.) All requests for continuances shall be made as soon as the reason therefore has been

discovered or should have been discovered. All motions shall, except in the event of an

emergency or in open Court, be in writing and on file with the Court no later than ten (10) days

prior to the scheduled matter unless the motion is accompanied by an affidavit that the reasons

7

for the continuance have occurred within the ten (10) day period. Exceptions may be granted for

matters scheduled with less than ten (10) days’ notice.

B.) Each motion shall contain the reason for the requested continuance, that counsel has

contacted opposing counsel and opposing counsel’s response to the request, and shall be

accompanied by sufficient copies of an order which will allow the Court to notify all parties of

rescheduling the matter. Agreement of counsel does not necessarily mean the motion will be

granted. Advising the Court, opposing counsel has been contacted, with no indication of their

reply is not sufficient.

C.) The Court may require any written motion for continuance to be signed by the party

requesting the continuance in addition to his or her counsel and may require the motions to be

served on the parties as well as the attorneys and on the victim or the victim’s family in a

criminal case.

D.) The Court, after hearing, in its discretion, may assess any costs and expenses necessarily

incurred by the Court, the County, or parties as a result of continuances or delays.

E.) Each Motion to Continue in criminal matters shall indicate whether the delay should be

charged to the defendant or the prosecution. A Proposed Order should be tendered along with

each Motion to Continue, and said Proposed Order must include language indicating which party

the delay is charged to, or it shall be returned to the filing party for correction. In the absence of

language stating otherwise, for any Order on Motion for Continuance issued by the Court, all

delays shall be attributed to the moving party, and said delay is excluded from the Criminal Rule

4 time period due to the act of the defendant, court congestion, or emergency.

LR 40-TR53.5-07 - WITHDRAWAL

In all cases in which the Court retains continuing jurisdiction (e.g., dissolutions, juvenile,

criminal) and retained legal counsel and client do not wish to continue representation, counsel

shall, at the conclusion of the matter for which counsel was retained, submit a motion to

withdraw from representation and a proposed order.

An attorney withdrawing from a case shall serve the motion on all counsel and parties of

record and the client. The order of withdrawal shall also set forth the former client’s name and

address for distribution, and be accompanied by pre-addressed, pre-stamped envelopes as set

forth in LR 40-TR 58-04 above. Attorneys appointed by the Court in criminal cases, juvenile

matters, or any other matter remain in the case until further order.

LR 40-TR3.1-08 - BANKRUPTCY

It shall be the duty of the debtors’ bankruptcy attorney to file with the Court a notice of

bankruptcy setting forth the date of the bankruptcy filing, the bankruptcy court location and case

number, and an affirmation that the opposing party has been duly listed on the bankruptcy

petition. Telephone calls from debtors or debtors’ attorneys will not serve to stay proceedings.

8

LR 40-TR4-09 - SERVICE OF PROCESS

It shall be the duty of every person filing a pleading that requires service to clearly

designate the manner of service, e.g., certified mail or sheriff. If service is to be by certified mail,

the person shall tender to the Clerk a completed certified mail return card and receipt with the

cause number typed or printed on the mail return card. If service by certified mail, return receipt

requested is requested after the initial filing of a lawsuit or claim, sufficient postage must be

provided.

LR 40-FL01-10 - PARENTING POWER PROGRAM

In any dissolution of marriage, paternity, or legal separation proceeding where there

remain minor children born of the marriage or relationship, both the father and mother shall

complete the Parenting Power program or equivalent program approved by the Court within sixty

(60) days after the filing of the petition and file with the Court a certificate of completion. Each

party shall bear their own costs for the program. No final hearing will be set until both

certificates are on file with the Court. Failure to complete the program for the purpose of delay or

vexation shall be punishable by contempt. Completion of the program shall NOT be waived,

except in unusual circumstances approved by the Court.

LR 40-AR10-11 - COURTHOUSE SECURITY

No person shall enter the Jennings County Courthouse carrying a deadly weapon of any

kind or type, whether carried openly or concealed. This rule does not apply to individuals who

qualify under IND. CODE §35-41-1-17 as law enforcement officers or federal enforcement

officers.

LR 40-AR01-12 - ATTIRE

Men appearing for a hearing or trial shall at all times wear a coat and tie and suitable

slacks and shoes. Women shall wear appropriate attire.

Counsel, parties, witnesses, and spectators shall wear appropriate attire consistent with

the integrity of a court of law. Prohibited are caps, bandanas, sunglasses (up or down), shorts,

sleeveless or muscle shirts which expose one’s underarms, shirts, or any other garment with

obscene or vulgar messages or suggestive messages, flip-flop shoes, or sandals.

LR 40-AR21-02 - REASSIGNMENT IN CRIMINAL CASES

(See Indiana Administrative Rules 1(E) and 21)

In the event it becomes necessary to reassign a felony or misdemeanor case in the

Jennings Circuit or Superior Court, the court may reassign the case first to the Jennings Circuit

Judge, and second to the Jennings Superior Judge. In the event a reassignment cannot be

accomplished pursuant to the rules set forth above, then the case will be reassigned on a rotating

basis from a list of full-time judicial officers from the following contiguous counties and

counties within Administrative District 21:

9

Bartholomew County

Brown County

Decatur County

Jackson County

Jefferson County

Ripley County

Scott County

Or, any Senior Judge who has agreed to serve as a special judge in the Jennings Circuit or

Jennings Superior Court.

In the event no Judge is available for assignment or reassignment of a felony or

misdemeanor case, such case shall be certified to the Indiana Supreme Court for the appointment

of Special Judge. In the event the Judge presiding in a felony or misdemeanor case concludes

that the unique circumstances presented in such proceeding require appointment by the Indiana

Supreme Court of a Special Judge, this presiding Judge may request the Indiana Supreme Court

for such appointment.

(Amended effective January 1, 2026)

LR 40-AR21-03 - JUDICIAL OFFICERS

For purposes of judicial economy in the Jennings County Courts and pursuant to Indiana Code

33-29-1-9 and 10, the judges of each Court (Circuit Court and Superior Court) may informally

consent and authorize any of the other judges to exercise general jurisdiction over any and all

cases in each other’s courts, including, the signing of any and all warrants, detention orders and

emergency custody orders.

LR 40-FL02-13 - SUBMISSION OF FINANCIAL DECLARATION FORM

A. Requirement In all relevant family law matters, including dissolutions, legal separations,

paternity, and post decree support or maintenance proceedings, the moving party shall

prepare and serve a Financial Declaration Form on the opposing party or their counsel

within thirty (30) days of the date of the filing of the action. The responding party shall

prepare and serve a Financial Declaration Form within twenty (20) days after receipt of

service of the moving party’s declaration. These time limits may be amended by court

order or good cause shown after motion or by written agreement of the parties filed with

the Court.

B. Exceptions The Financial Declaration Form need not be exchanged if:

1.) the parties agree in writing to waive exchange.

2.) the parties have executed a written agreement which settles all financial

issues;

3.) the proceeding is one in which the service is by publication and there is no

response;

4.) the proceeding is post-decree and concerns issues without financial

implications. Provided, however, when the proceeding is post-decree and

concerns only an arrearage, the alleged delinquent party shall complete the

10

entire Form, while the support recipient needs to complete merely that portion

thereof which requires specification of the basis of the arrearage calculation

(with appropriate supporting documentation); or

5.) where the gross marital estate in a dissolution or legal separation is $5,000.00

or less.

C. Admissibility Subject to specific evidentiary challenges, the Financial Declaration shall

be admissible into evidence upon filing and shall comply with Indiana Administrative

Rule 9 and Indiana Rule of Trial Procedure 5(G).

D. Supporting Documents For the purpose of providing a full and complete verification of

income, assets, liabilities, and values, each party shall attach to the Financial Declaration

Form all information reasonably required and reasonably available. At a minimum, this

shall include income tax returns and supporting documentation, and current wage

records.

“Reasonably available” means that material which may be obtained by letter

accompanied with an authorization, but does not mean material that must be subpoenaed

or is in the possession of the other party. The Court may require either party to

supplement such Financial Declaration with appraisals, bank records, and other evidence

to support the values set out therein.

E. Financial Declaration—Mandatory Discovery The exchange of Forms constitutes

mandatory discovery. Thus, INDIANA TRIAL RULE 37 sanctions apply. Additionally,

pursuant to INDIANA TRIAL RULE 26(e)(2) and (3), the Form shall be supplemented if

additional material becomes available.

F. Form

The Financial Declaration Form is available from the Court Reporter of either Court.

11

LR 40-JR4-14 - JURY SELECTION

(See Indiana Jury Rules 2 and 4)

In compliance with Indiana Jury Rules 2 and 4, the Judges of the Jennings Circuit and

Superior Court hereby appoint the Election Clerk of Jennings County as the Jury Administrator

under Indiana Jury Rule 2.

The Courts of Jennings County will use a “single tier” system as identified in Indiana Jury Rule

4(a).

In selecting jurors under Rule 2, the Courts shall use the Annual Master List for Jury Pool

Assembly adopted by the Indiana Supreme Court.

(Effective September 1, 2021).

LR 40-JR10-15 - JUROR PRIVACY

Juror questionnaires shall be handled in accordance with Jury Rule 10 and Indiana

Administrative Rule 9(G)(1)(b)(xii). Thus, juror questionnaires may not be recopied, duplicated,

or distributed by counsel or the parties, and shall be returned to the court at the conclusion of the

trial in order to safeguard juror privacy.

LR 40-FR00-01 - EXHIBIT REQUIREMENT FOR CONTESTED DIVORCE AND

PATERNITY HEARINGS

In all contested divorce and paternity hearings, each party shall submit the following

exhibits to the Court prior to the hearing, if applicable.

1.) A Child Support Guideline Worksheet.

2.) A calculation of the child support arrearage.

3.) The Financial Declaration Form mentioned in LR 40-FL02-13

4.) The parties’ proposed distribution of marital assets and debts.

LR 40-FR00-02 - EXPEDITED HEARINGS

An Expedited Hearing can be requested by the parties for Family Law cases. An

expedited hearing is a proceeding in open Court where the evidence is presented in summary

narrative fashion by counsel or the parties, pro se, accompanied by the submission of

documentary evidence when applicable. The Court may question the parties or counsel. Formal

rules of evidence and procedure shall not apply, except that the Court shall endeavor to ensure

that traditional concepts of trustworthiness of evidence and fundamental fairness are observed.

All requests for enforcement or modification of existing orders and decrees may first be

scheduled for an “expedited” hearing. Each party shall bring to the expedited hearing all

documentary evidence as required by these Local Rules. All persons seeking relief, and any party

opposing the relief sought, are required to attend the expedited hearing. The parties shall first

meet in a settlement conference at least thirty (30) minutes prior to the scheduled hearing. If they

are unable to agree, the Court will hear and determine the matters at issue between the parties at

the expedited hearing.

12

Any party, in open Court at the commencement of the expedited hearing, may demand an

evidentiary hearing at which all rules of trial procedure and evidence will be observed. If such

a demand is made, the matters then at issue between the parties will be scheduled, heard, and

determined at such evidentiary hearing. The Court may, however, conduct an expedited hearing

to consider and determine any emergency matters or other necessary temporary orders until the

evidentiary hearing can be held. The Court may, on its own motion, either before or after the

expedited hearing, decline to determine any issues on the evidence presented at such hearing and

shall thereafter schedule such issues for an evidentiary hearing.

LR 40-FL03-16 - PROTOCOL FOR PROTECTIVE ORDER FILINGS

(See IND CODE §34-26-5-1)

In the event an individual seeks a protective order under IND. CODE §34-26-2-1 et seq.,

the Clerk of the Court shall do the following:

1. Inquire of Petitioner whether they have a pending dissolution, paternity, or legal

separation case. If so, encourage them to speak with their attorney in that case about seeking a

restraining order in that pending case. A pending case is any case for which no final decree or

order has been entered.

• If they have no pending case, lawyer, or insist on proceeding with a protective

order, the Clerk should accept the filing, assigning it to Superior Court with a

“PO” number pursuant to local rule.

• If they have a pending case, get as much information as possible, including the

court and case number and lawyers’ names for the Superior Court Judge. The

Petition form also asks for this information.

2. Deliver the new “PO” file to the Superior Court Judge immediately for consideration.

• If there is no other pending case, the Superior Court Judge may act.

• If there is a pending case, the Superior Court Judge may decline to act and

immediately transfer the case to the appropriate court by order or issue an

emergency protective order and then transfer it if he determines immediate relief

is needed pursuant to IND. CODE §34-26-5-6(4).

3. If the Superior Court Judge transfers the “PO” case, the Clerk shall keep the original

“PO” file intact along with the Superior Court Order of Transfer, so anyone examining the “PO”

file can see what occurred.

4. Copy the “PO” file and deliver it to the appropriate Court. The Circuit Court Judge will,

in cases he receives, do an Order Accepting Transfer and place a copy of the “PO” file in the file,

and the Circuit Court Judge shall furnish the Superior Court Judge with a copy of the Order

Accepting Transfer, and a copy to the Clerk for placement in the “PO” file.

13

5. Regardless, if a case is transferred, the confidential information should be protected as

always and NOT placed in either public file.

6. If a “PO” case is filed first and then a dissolution, paternity, or legal separation

proceeding is filed afterward and you know that or the Petitioner tells you that, they should be

advised to speak with their dissolution, paternity, or legal separation lawyer and if pro se, to

inform the Superior Court Judge’s office as he would have both the “PO” case and the pro se

dissolution.

LR 40-TR65-17 - PROTOCOL FOR EX PARTE OR EMERGENCY CUSTODY

ORDERS OR EX PARTE GUARDIANSHIPS OF MINOR CHILDREN

Whether in the context of a dissolution of marriage, paternity, guardianship, or any other

proceeding, where one is seeking ex parte or emergency custody of a child or ex parte emergency

guardianship of a minor child, the following minimum information will be required in the

Jennings Circuit Court and the Jennings Superior Court:

1.) A sworn, verified, and notarized motion or petition signed by the person seeking

relief.

2.) The full name and physical and mailing address of the petitioner or movant, and

their relationship to the child or children for whom they are seeking custody or

guardianship.

3.) The full name, date of birth, and age of the child or children for whom custody or

guardianship is being sought.

4.) The length of time the child or children have been in the petitioner’s or movant’s

physical custody, and a brief description of the circumstances as to how such

physical custody occurred. If the child or children are in another’s physical

custody, the same information is required, including that person’s relationship to

the child or children.

5.) The name and physical and mailing address of every other person who has legal

or physical custody of the child or claims such right, including, but not limited to,

the biological mother, biological father, or putative father(s). If it is claimed that

an address is unknown, then the Court shall be advised what efforts have been

undertaken to locate said person and their last known physical and mailing

address.

6.) If any other interested party is represented by counsel, or known to have counsel,

what efforts have been undertaken to advise other counsel of the pending ex parte

request and other counsel’s response.

7.) A complete copy of the most recent custody order in effect, if any.

8.) A statement whether the person seeking emergency or ex parte custody of

guardianship has had their visitation or custodial rights to any of said child or

children limited, restricted, or suspended in any way by prior court order.

9.) The existence of any pending C.H.I.N.S. proceeding or other involvement by a

child welfare agency, and whether custody proceedings or guardianship

proceedings regarding the child or children are pending in or have been filed in

14

another court and, if so, sufficient information to apprise the court of the place

and nature of the proceedings.

LR 40-CR01-18 - MEDICAL RELEASE FROM THE JENNINGS COUNTY JAIL

No person being held in the Jennings County Jail on a Class C or Level 4 felony or

higher, probation or parole hold where the underlying conviction is a Class C or Level 4 felony

or higher, invasion of privacy, violation of a protective order, battery on a previous victim or

“domestic battery”, or being held on an out-of-county warrant, is eligible for release to attend a

visit to a medical provider, whether said release be a temporary own recognizance release or

release to a family member for transport or transport by the Sheriff, unless the Sheriff, in his

absolute discretion, agrees to transport, which decision to transport is solely that of the Sheriff of

Jennings County.

Any person otherwise eligible must file a written motion directly with the appropriate

court at least seven (7) business days prior to the scheduled appointment date, and have attached

to the motion a statement on the medical provider’s letterhead, dated and signed, briefly

describing the underlying condition, the reason for the visit and when it was scheduled and the

date, time and place of the visit along with a proposed order.

Any visit scheduled after a person is incarcerated will not be permitted.

The decision to release an individual is discretionary with the Court, and the Court may

consult with the Sheriff before making any decision.

LR 40-CR02-19 - FUNERAL LEAVE FROM THE JENNINGS COUNTY JAIL

Any individual incarcerated in the Jennings County Jail may be granted funeral leave, but

only if the deceased person is the lawful spouse, child, parent, sibling, or grandparent of the

incarcerated individual, and then only upon written, verified motion filed with the applicable

court indicating the day, time, and place of the viewing and funeral. Funeral leave remains at the

discretion of the trial court judge.

If the incarcerated individual is in jail after a conviction for or while charged with a crime

of violence (as defined by IND.CODE §35-50-1-2[a]), no leave shall be permitted.

LR 40-CR03-20 - DISTRIBUTION OF MONIES RECEIVED IN CRIMINAL CASES

Those convicted of misdemeanors and felonies in both courts, or having been found

liable for an infraction and ordinance violation in Superior Court, often make payments on their

monetary obligations or cash bail is insufficient to pay all monies assessed, and when partial

payments are made, the Clerk of Jennings County shall receipt and distribute the monies in the

following order, as directed by IND. CODE §33-19-5-1(c):

First, to the general court costs required by IND. CODE §33-19-5-1(a) and (b),

Second, to the Jennings County Alcohol and Drug Program, as required by IND. CODE

§33-19-5-1(b)(3);

15

Third, to the administrative probation fee required by IND. CODES §35-38-2-1(d)5 and

§35-38-2-1(e)(4) ($100.00 for felonies/$50.00 for misdemeanors).

Fourth, to initial probation user’s fees required by IND. CODES §35-38-2-1(d)(1) and

§35-28-2-1(e)(1), ($100.00 for felonies/$50.00 for misdemeanors) and to monthly probation

user’s fees.

Fifth, to state fees (domestic violence, sexual assault, countermeasure, etc.)

Sixth, to fines.

Seventh, to restitution.

If there is more than one (1) recipient of restitution, each payment applied to restitution

shall be pro-rated, according to the original amount due to each victim.

LR 40-AR15-21 - COURT REPORTER SERVICES

(See Indiana Administrative Rule 15)

Section One. Definitions

A.) A Court Reporter is a person who is specifically designed by a court to perform the

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

B.) Equipment means all physical items owned by the court or other governmental entity and

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

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

devices used for recording and storing, and transcribing electronic date.

C.) 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.

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

the form required by Indiana Rule of Appellate Procedure 7.2.

E.) Recording means the electronic, mechanical, stenographic, or other recording made as

required by Indiana Rule of Trial Procedure 74.

F.) Regular hours worked means those hours which the court is regularly scheduled to work

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

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

G.) Gap hours worked means those hours worked that are in excess of the regular hours

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

H.) Overtimes hours worked means those hours worked in excess of forty (40) hours per

week. I.) Work week means a seven (7) consecutive day week that consistently begins and ends

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

Tuesday, Friday through Thursday.

J.) Court means the particular court for which the court reporter performs services. Court

may also mean all of the courts in Jennings County.

K.) County indigent transcript means a transcript that is paid for from county funds, and is

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

L.) State indigent transcript means a transcript that is paid for from state funds, and is for the

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

M.) Private transcript means a transcript, including, but not limited to, a deposition transcript,

that is paid for by a private party.

16

Section Two. Salaries and Per Page Fees

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

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

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

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

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

hours.

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

indigent transcript shall be Five Dollars ($5.00). The court reporter shall submit a claim directly

to the county for the preparation of any county indigent transcripts.

C.) The maximum per page fee a court reporter may charge for the preparation of a state

indigent transcript shall be Five Dollars ($5.00).

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

transcript shall be Five Dollars ($5.00) and $2.25 per page for copies of transcripts. A copy of a

transcript shall include all forms of a transcript, including, but not limited to, paper, electronic,

and digital.

E.) The maximum per page fee a court report may charge for the preparation of an expedited

transcript where the transcript must be prepared within 24 hours or less shall be $7.50 per page

and $6.00 per page where the transcript must be prepared within 3 working days. A minimum

fee of $35.00 may be charged for transcripts of ten (10) pages or less. An hourly rate based on

the court reporter’s hourly rate shall be added to the costs of the transcript for time spent binding

the transcript and the exhibit, and index and index volumes.

F.) Each court reporter shall report, at least on an annual basis, all transcript fees received for

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

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

Indiana Office of Judicial Administration.

Section Three. Private Practice

A.) If a court reporter elects to engage in private practice through the recording of a

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

court’s equipment, work space and supplies, the court agrees to the use of the court equipment

for such purpose, and the court and the court reporter shall enter into a written agreement which

must, at a minimum, designate the following:

a.) The reasonable market rate for the use of equipment, work space, and

supplies;

b.) The method by which records are kept for the use of equipment, work

space, and supplies, and

c.) The method by which the court reporter is to reimburse the court for the

use of the equipment, work space and supplies.

B.) If a court reporter elects to engage in private practice through the recording of a

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

conducted outside of regular working hours.

(Effective July 1, 2011)

17

LR 40-CR00-22 - LATE PAYMENTS – ADDITIONAL FEE

(1) Any defendant found to have:

(a) been convicted of a crime;

(b) found liable for an infraction;

(c) found liable for violation of an ordinance of a municipal corporation; or

(d) adjudicated for a delinquent act; and

(2) The defendant is required to pay:

(a) court costs, including fees;

(b) a fine; or

(c) a civil penalty; and

(3) The defendant is not determined by the Court imposing the court costs, fine or civil penalty to

be indigent; and

(4) The defendant fails to pay to the Clerk the costs, fine, or civil penalty in full before the later

of the following:

(a) The end of the business day on which the Court enters the conviction or judgment or

designates as the day for payment; or

(b) The end of the period specified in a payment schedule set for the payment of court

costs, fines, and civil penalties under the rules adopted for the operation of the Court;

then

The defendant shall pay an additional $25.00 fee pursuant to IC 33-37-5-22, and the Clerk of the

Court shall collect the late payment fee.

(Effective January 1, 2012)

LR 40-ADR-23 - MEDIATION

A. General Rule. In all cases where the parties are self-represented litigants, Mediation shall

be required on all Petitions for Dissolution of Marriage, Petitions to Establish Paternity, and

Petitions to Modify without regard to the anticipated length of trial. In cases where one or more

of the parties are represented by counsel, the court may refer the matter to mediation in the

court’s discretion.

B. Contempt Proceedings. Mediation shall be required on Contempt Proceedings (i.e.,

Petitions for Order to Show Cause, etc.) that will take longer than one (1) hour to try.

C. Scope. This Rule shall not apply to those issues in which the State of Indiana represents a

Party.

(Effective March 1, 2014)

18

LR 40-AR19-24 - ANIMALS IN THE COURTHOUSE

No animal shall be permitted in the Jennings County Courthouse EXCEPT:

1.) Canines accompanied by a law enforcement officer engaged in the execution of his or

her official duties;

2.) Seeing eye dogs assisting the visually impaired, or other service animal which is

designated as a dog that is trained to do work or perform tasks for people with

disabilities.

In the event a service animal is permitted in the Courthouse, it shall be properly restrained at all

times and may be ordered removed if it becomes disruptive or a distraction, or damages public

property.

(Effective May 1, 2016)

LR 40-AR07-25 - EVIDENCE RETENTION, HANDLING AND DESTRUCTION

In all cases, the Court shall proceed pursuant to these Rules unless the Court directs a longer

retention period after motion by any party or on its own motion.

1. Retention periods for evidence introduced in Civil cases, including dockets:

AD, JC, JM, JP, JS, JT, DR, MH, ES, EU, EM, PO, GU, TR, IF, OV.

All models, diagrams, documents, or materials 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 by

the Court or by jury, unless an appeal is taken.

If an appeal is taken, all such exhibits not sent to the Indiana Court of Appeals 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, electronic, or digital records or tapes, shorthand,

or stenographic notes as provided in INDIANA ADMINISTRATIVE RULE 7.

2. Retention periods for evidence introduced in Criminal Misdemeanor,

Juvenile Detention, Class D, Class C, Class F4, Class F5, Class F6 Felonies

and Attempts.

All models, diagrams, documents, or materials 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, the defendant is sentenced, or found guilty by the

Court or by jury, unless an appeal is taken.

If an appeal is taken, all such exhibits not sent to the Indiana Court of Appeals shall be retained by

the Court Reporter for three (3) years from termination of the appeal, retrial, or subsequent appeal

19

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, electronic, or digital records or tapes, shorthand,

or stenographic notes as provided in INDIANA ADMINISTRATIVE RULE 7.

3. Retention periods for evidence introduced in Criminal Class A, Class B,

Murder, Class F1, Class F2, Class F3 Felonies, Post-Conviction, and

Attempts.

All models, diagrams, documents, or materials 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 is found not guilty, the defendant is sentenced, or found guilty by

the Court or by jury, unless an appeal is taken.

If an appeal is taken, all such exhibits not sent to the Indiana Court of Appeals 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, electronic, or digital records or tapes, shorthand,

or stenographic notes as provided in INDIANA ADMINISTRATIVE RULE 7.

4. 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 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 exhibits may be included in the volume of documentary exhibits.

Under no circumstances should drugs, currency, biologically contaminated items, or other

dangerous or valuable items be included in the appellate records.

After the appeal, any non-documentary and oversized exhibits held in the custody of the Court or

Administrative Agency shall follow the same timeline as described hereinabove in paragraphs 1,

2, and 3 as defined by the docket.

5. Disposition.

In all cases, within thirty (30) days following the expiration of the applicable retention period,

the parties shall take away all evidence that is in the custody of the Court.

20

At the time of removal, a detailed receipt shall be given to the Court by the party receiving and

removing the evidence, and the receipt shall be made a part of the Court’s file. In all cases, the

Court, or the Sheriff of Jennings County, shall dispose of evidence that is not retaken by the parties.

The Sheriff of Jennings County shall be ordered to destroy evidence if its possession is illegal,

biologically contaminated evidence, or if it has negligible value. Evidence with some value shall

be auctioned by the Sheriff of Jennings County, with proceeds going to the County General Fund.

This Local Rule and the retention periods shall take precedence over inconsistent language in

statutes. See generally IND. CODE §35-33-5-5(c)(2).

6. Biologically Contaminated Evidence.

A party who offers biologically contaminated evidence must file a pre-trial notice with the

Court and serve all the parties, so that the Court may consider the issue and rule appropriately

before the jury trial. A party may 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 during deliberations.

After the appeal, any biologically contaminated evidence held in the custody of the Court

or Administrative Agency shall follow the same timeline as described hereinabove in paragraphs

1, 2, and 3 as defined by the docket.

(Effective June 15, 2016)

21