Ind. County Local Rule: johnson-local-rules

LOCAL RULES OF THE

JOHNSON COUNTY CIRCUIT AND SUPERIOR COURTS

Small Claims Rules, beginning with LR41 – SC – 001..........................................................................................2

Bond Schedule, beginning with LR41 – CR – 020...............................................................................................7

Rules for Court Reporters, beginning with LR41 – AR – 030..............................................................................9

Rules Regarding Placement of Juveniles Facing Non-Juvenile Charges, beginning with LR41 – CR – 033..... 11

Rules on Access and Release of Appellate Materials, beginning with LR41 – TR – 039.................................. 11

Rules Regarding Incarceration of Community Corrections Detainees, beginning with LR41 – CR – 043........ 12

Family Court Rules. Beginning with LR41 – FL – 045...................................................................................... 12

Plan for Allocation of Judicial Resources (Caseload Allocation Plan), beginning with LR41 – AR – 055....... 14

Criminal Rules,beginning with LR41 – CR – 062.............................................................................................. 16

Domestic Relations Rules, beginning with LR41 – FL – 069............................................................................. 18

Probate Rules, beginning with LR41 – PR – 079................................................................................................ 20

Rules for Filing of Pleadings, beginning with LR41 – TR – 102........................................................................ 30

Courthouse Security Rules, beginning with LR41 – AR – 105.......................................................................... 31

Alcohol and Drug Services Program Rules, beginning with LR41 – AD – 108................................................. 31

Civil Motions Practice Rules, beginning with LR41 – AR – 111....................................................................... 32

Additional Rules, beginning with LR41 – TR – 128.......................................................................................... 37

Tax Sale Rules, beginning with LR41 – TR – 131............................................................................................. 39

Late Payment Fee, beginning with LR41 – AR – 136........................................................................................ 40

Problem Solving Court Rules, beginning with LR41 – CR – 137...................................................................... 40

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 2 of 45

LOCAL RULES OF THE JOHNSON COUNTY CIRCUIT & SUPERIOR COURTS

SMALL CLAIMS RULES

LR41 - SC - 001: Scope.

A. Scope. These rules shall govern the procedure and practice of the Small Claims Division, Johnson

County Circuit and Superior Courts (hereinafter “Small Claims Division”).

B. Citation. These rules may be cited as LR41 - SC__-____. The small claims rules promulgated by

the Indiana Supreme Court are hereinafter referred to as S.C.____; and the Indiana Rules of Trial

Procedure are hereinafter referred to as T.R.____.

LR41 - SC - 002: General Practice.

A. Conflict of rules. All proceedings in the Small Claims Division shall be governed by the Small

Claim Rules promulgated from time to time by the Indiana Supreme Court, and the local rules set

forth herein. In instances where these local rules conflict with the rules promulgated by the Indiana

Supreme Court, the latter shall control.

B. Tender of completed documents and property costs. Parties or their attorneys are solely responsible

to tender to the Court any documents desired to be filed in complete and correct form, together

with proper costs, as determined by the Clerk. Neither the Court nor the Clerk will be responsible

for delays or deadlines missed due to the tender of incomplete or incorrect documents, or improper

costs.

C. Parties' current addresses. Notices from the Court will be sent to the parties at the most recent

email addresses contained in the Court's file. The parties are therefore solely responsible to

maintain their current email addresses in all files concerning them.

LR41 - SC - 003: Forms.

A. Court's forms. The Court shall from time to time and with the consultation of the Clerk, draft forms

for use of litigants, the Clerk, and the Court in small claims actions.

B. No other forms. Originals or photocopies of the forms described in LR41 - SC00 - 003(A) shall be

acceptable for filing by pro se litigants. Any other form or photocopy thereof presented to the Clerk

shall be accepted for filing only if such form received prior approval of the Court and in such

instance, blank forms identical to that submitted and approved shall be immediately provided to

the Clerk and to the Court for future reference and comparison.

LR41 - SC - 004: Hearing Calendars.

A. Non-Contested Hearings. Upon the filing of the notice of claim, the Small Claims Division will

initially schedule all cases, except actions involving possession of real estate or personal property,

on the non-contested calendar. At the non-contested hearing, the parties are not expected to be

prepared for trial on the merits.

B. Contested Hearings. If the Plaintiff requests the first hearing be set for a contested hearing, said

request should be noted on the notice of claim. If said request is granted, the matter will be set for

a contested hearing. At the first scheduled contested hearing, all parties are expected to be prepared

for trial on the merits, which includes bringing three (3) copies of any exhibits intended to be used.

C. General Procedure. A party’s failure to appear at any contested or non-contested hearing may

result in a dismissal or default judgment. If the Defendant notifies the Court of a dispute as to the

claim and issues, or if a Counterclaim is asserted, the Court shall reschedule the matter for hearing

on the contested hearing calendar.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 3 of 45

LR41 - SC - 005: Change of Judge, Removal of Magistrate.

A. Magistrate. The Johnson County Magistrate shall preside over all small claims.

B. General Procedure for Change of Judge. A change of Judge shall be granted in accordance with

Indiana Small Claims Rule 12.1.

LR41 - SC - 006. Continuances.

A. General Rule. Except as provided in LR41 - SC - 006(B) and (D) below each party to an action

may be granted one (1) continuance with a showing of good cause. A continuance under this

subsection shall not be granted within seventy-two (72) hours of the trial, unless approved by the

Court. All motions for continuance must be made in person or by the party's attorney who has filed

a written appearance on behalf of said party. The party or attorney obtaining the continuance shall

notify any opposing party in a timely fashion and the motion must state whether or not the opposing

party has an objection.

B. Possession of Real Estate or Personal Property. No continuance will be granted to a Defendant

where the action involves the issue of possession of real estate or personal property.

C. Agreed Continuances. Any action may be continued by agreement of the parties and approval of

the Court.

D. Proceedings Supplemental. No motion for continuance of a proceedings supplemental hearing will

be granted, except by agreement of the parties, or on good cause shown and upon approval of the

Court.

LR41 - SC - 007: Dismissal of Actions.

A. Dismissal by Plaintiff. Any claim may be dismissed by the Plaintiff at any time before judgment

has been entered unless a counterclaim or motion for summary judgment has been filed by a

Defendant.

B. Dismissal by Stipulation. Any claim may be dismissed by filing a stipulation of dismissal signed

by all parties to the claim.

C. Dismissal by Court. The cause or any pending pleadings in the cause may be dismissed with or

without prejudice upon order of the Court, including by way of illustration and not of limitation,

as follows:

1. the cause has not been reduced to judgment and where there has been no action on the case

for a period of three (3) months; provided however, that no such cause shall be dismissed

without notice; or

2. a proceedings supplemental pleading has been filed and there is no action on the day on

which the proceedings supplemental is set for hearing.

LR41 - SC - 008: Judgment upon Failure of a Party to Appear.

A. Prejudgment Grace Period. The Court shall permit each party a ten (10) minute grace period to

appear for any prejudgment hearing setting.

B. Judgment Default of Defendant and Default Affidavit. Upon the failure of a Defendant to appear

at a non-contested hearing or at a contested hearing on the merits, the Plaintiff shall be entitled to

a judgment against said Defendant after submitted evidence. In addition to any other applicable

requirement of Indiana law, the Plaintiff or Plaintiff's attorney shall sign and file a completed

"Affidavit for Judgment by Default" form, if Plaintiff is not available to testify.

C. Default of Plaintiff. Upon the failure of a Plaintiff or Plaintiff's attorney to appear at the non -

contested hearing or at a contested hearing, the cause shall be dismissed without prejudice and

judgment shall be entered for the Defendant against the Plaintiff on any timely-filed counterclaim.

Upon the failure of Plaintiff or Plaintiff's attorney to appear at the non-contested hearing or at a

contested hearing in a subsequent cause based on the same facts as the cause earlier dismissed

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 4 of 45

without prejudice, said subsequent cause shall be dismissed with prejudice and judgment shall be

entered for the Defendant against the Plaintiff on any timely-filed counterclaim.

D. Setting Aside Default Judgment. A default judgment may be set aside according to the procedures

set forth in T.R. 60 (B). Forms for this purpose are available from the Court upon request.

E. Stay Pending Ruling on LR41 - SC - 008(D). In any cause in which a motion to set aside default

judgment has been filed, collection proceedings as to the judgment debtor filing the motion will

not be stayed unless a motion to stay such proceedings is filed and granted pursuant to T.R. 62 (B),

and any required bond secured.

F. Default on Proceedings Supplemental. The Court shall permit party a ten (10) minute grace period

to appear for any proceedings supplemental hearing. After the ten (10) minute grace period has

elapsed a judgment creditor shall be entitled to apply for appropriate proceedings supplemental

sanctions.

LR41 - SC - 009: Attorney Fees.

Evidence required to support award. The amount of attorney fees awarded shall be with the sound

discretion of the Court. No attorney fees shall be awarded unless:

A. provided for by written agreement(s) between the parties; or

B. according to applicable statute(s ), trial rules or common law. Proof of such fees shall be in the

form of sworn testimony from, or the affidavit of, the attorney(s) whose services are being proved.

LR41 - SC - 010: Judgments for Payment of Money.

In general. Judgments for payment of money shall be enforceable according to the Indiana Rules of Trial

Procedure and applicable statutes.

LR41 - SC - 011: Judgments for Possession of Real Estates or Personal Property.

A. Bifurcated judgment and expedited hearing on possession. Judgments in actions involving the

issue of the possession of real estate or personal property shall be bifurcated. The initial hearing

on possession issues shall be set in an expedited setting on the Magistrate's calendar. A final

judgment for possession of the real estate or personal property shall be entered at the initial hearing

and a judgment for back rent and/or other damages, if any, shall be considered at a subsequent

hearing.

B. Notice to tenant. Unless the landlord shall file the pleadings and bond set forth in I.C. 32-30-3-6,

or has an agreement with the tenant, notice to a tenant shall be ten (10) days as required by I.C.

32-31-1-6.

LR41 - SC - 012: Release of Judgment.

A. Release of judgment. When any judgment has been fully paid and satisfied, including any interest

and all costs, and the judgment creditor has received all said monies or they are available in the

Clerk's office, said judgment creditor shall immediately release the judgment against the debtor by

personally executing such release on the judgment records of the Clerk, or by causing such release

to be filed with the Clerk.

B. Failure to release judgment. Upon a judgment creditor's failure to release a judgment fully paid

and satisfied, the affected debtor may:

1. proceed to notify the judgment creditor and file suit for penalties as set forth in I.C. 32-28-

1-2; or

2 move on the record of the cause in which the judgment was entered to have said judgment

deemed satisfied pursuant to T.R. 13(M), upon which motion notice shall issue and a

hearing shall be held by the Court.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 5 of 45

LR41 - SC - 013: Proceedings Supplemental.

A. General Procedure. Proceedings supplemental to execution shall be governed by T.R. 69(E) of the

Indiana Rules of Trial Procedure and applicable statutes.

B. One Year Rule. Except by order of the Court for good cause shown, no proceedings supplemental

may pend for more than six (6) months from the date of its filing, and no judgment creditor may

file more than four (4) proceedings supplemental per year against any individual judgment debtor

in a given cause. At the end of said (6) month period, any pending proceedings supplemental shall

not be dismissed if good cause is shown.

C. Conduct Of Hearings. Unless the judgment creditor is represented by an attorney at the

proceedings supplemental hearing, said hearing shall be conducted by the Court.

D. Proceedings Supplemental During Pendency of Garnishment Order. If a garnishment order has

been issued and payments are being received by the Clerk, but the judgment remains unsatisfied,

additional proceedings supplemental directed to the judgment debtor or to an additional garnishee

defendant may be filed only by order of the Court for good cause shown.

LR41 - SC - 014: Court Orders to Appear.

A. General Use. Judgment creditors may request the Court to issue an order to appear (COTA) to

judgment debtor(s) only when:

1. an active proceedings supplemental is pending against the judgment debtor;

2. the hearing date set for the COTA is within sixty (60) days of the date on which the COTA

is issued and;

3. good cause exists for the COTA and is shown on the record at the time the COTA is

requested.

B. Good Cause. "Good cause" under LR41 - SC - 014(A)(3) shall include but not be limited to:

1. the judgment debtor failed to produce documents as previously ordered by the Court;

2. the judgment debtor has relocated with new address presently unknown

3. there is a reasonable certainty that the judgment debtor's financial status will substantially

change within sixty (60) days.

4. payments on garnishment order have not started or have ceased for thirty (30) days.

C. COTA and Garnishment Orders. When a garnishment order has issued, and payments are being

received by the Clerk, no pending COTA will be enforced, and no COTA will issue to the judgment

debtor, except by order of the Court for good cause shown.

D. Failure To Appear On COTA. Upon a judgment debtor's failure to appear on the date and time set

by the COTA, the judgment creditor may request sanctions under LR41 - SC - 15.

E. Agreements To Appear Without COTA. In any proceedings supplemental, the parties may agree

to reset a hearing without use of a COTA. If after such agreement either party fails to appear at the

reset hearing, no sanctions shall be available under LR41 - SC - 015 for such failure to appear.

LR41 - SC - 015: Contempt / Rule to Show Cause / Body Attachment.

A. Contempt. Upon failure of a judgment debtor or garnishee-defendant to appear as ordered for a

scheduled hearing, or answer interrogatories, the judgment creditor may file a contempt citation

as to said person. Said contempt citation must be filed within thirty (30) days of the failure to

appear, or within thirty (30) days of the failure to answer interrogatories.

B. Body Attachment. Body attachment shall be requested and issued only when:

1. the judgment debtor or garnishee-defendant previously ordered to appear for scheduled

hearing was served in accordance with Indiana Trial Rules 4 and 5 and failed to appear for

the hearing at issue; and

2. the request for Body Attachment is made within thirty (30) days of the hearing at issue and

3. the judgment creditor properly completes and files all pleadings and forms from time to

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 6 of 45

time required by the Court. Said pleadings and forms currently include for each judgment

debtor:

a. one (1) request for Body Attachment with the necessary information for a

warrant, including the judgment debtor's social security number and or date of birth

and/or physical description.

b. at least three (3) Writs of Attachment.

C. Expiration And Recall of Body Attachment. Body Attachments expire one hundred and eighty

(180) days after issuance.

LR41 - SC - 016. Garnishment and Wage Assignment.

A. General Procedure. All garnishment proceedings shall comply with T.R. 69 (E) and applicable

statues.

B. Requirements for Garnishment Order. A garnishment order shall not issue with respect to a

judgment debtor's wage or other property without:

1. an active proceedings supplemental as to the judgment debtor or waiver of notice by said

judgment debtor;

2. service on the garnishee-defendant of the proceedings supplemental by:

a. certified mail, or refusal thereof;

b. Sheriff’s service;

c. private process server; and

d. return of answered interrogatories, other verification of employment by the

garnishee-defendant, or failure to answer interrogatories after notice.

C. Voluntary Wage Assignments. In instances where a judgment debtor has entered a voluntary

agreement with respect to an assignment of wages or other property, notwithstanding the terms of

the agreement, no order shall issue unless an active proceeding supplemental is pending against

the judgment debtor.

D. Garnishments Upon Default of Agreement. In instances where a judgment debtor has entered a

voluntary agreement for periodic payments to satisfy the judgment and has further consented to

garnishment upon default, notwithstanding the terms of the agreement, no garnishment order shall

issue unless:

1. an active proceeding supplemental is pending against the judgment debtor and the

garnishee-defendant; and

2. the judgment creditor represents on the record either orally or by written pleading the

default of judgment debtor.

E. Release. Upon receipt by the judgment creditor or by the Clerk on the judgment creditor's behalf

of monies sufficient to fully satisfy the judgment, including any accrued interest and costs, the

judgment creditor shall immediately prepare and obtain a court order releasing the applicable

garnishment order and shall forward a copy to the garnishee-defendant(s).

LR41 - SC - 017. Post-judgment Order to Self Employed / Other Judgment Debtor (s).

A. General Procedure. Post-judgment order s to self-employed and other judgment debtors are

available pursuant to T.R. 69(E) upon the filing of a verified motion for proceedings supplemental

by the judgment creditor.

B. Hearing. All motions for a court order requiring the judgment debtor (s) to apply specified or

unspecified property towards the satisfaction of the judgment pursuant to T.R. 69 (E) (3) shall be

set for hearing before the Court.

LR41 - SC - 018. Writs.

A. General Procedure. Writs to enforce the Court's orders or in aid of its jurisdiction are generally

available as set forth in T.R. 70 (A) and Title 34 of the Indiana Code.

B. Writs Of Execution for Delivery of Possession of Real Estate. Except by order of the Court for

good cause shown, no writ of execution for delivery of possession of real estate shall issue before

one (1) calendar week has expired after entry of the underlying judgment by the Court.

LR41 - SC - 019. Bankruptcy.

A. Bankruptcy of Judgment Debtor. All Court action, including pending collection proceedings, will

be stayed as to any judgment debtor:

1. who files with the Court in each relevant action one (1) copy of the bankruptcy court's

notice of relief; or

2. whose attorney files with the Court in each relevant action a motion for stay reciting the

prior filing of bankruptcy by the judgment debtor and resultant stay of all proceedings by

the bankruptcy court, including the cause number and court of the bankruptcy.

BOND SCHEDULE

LR41 - CR - 020. Scope of the Johnson County Court Bail Bond Schedule.

A. Unless the bail bond amount has been endorsed in a warrant or ordered by the Circuit, Superior or

City Courts of Johnson County, the Johnson County Standard Bail Bond Schedule shall apply to

all persons charged with offenses in Johnson County.

B. The Johnson County Standard Bail Bond Schedule does not apply to any person who is charged

with Juvenile Delinquent or Juvenile Status offenses.

C. The Johnson County Standard Bail Bond Schedule supersedes any general schedules relating to

bail or bonds previously issued by the Johnson County Circuit, Superior, or City Courts.

LR41 - CR - 021. Review.

A. All bail bonds fixed pursuant to the Johnson County Standard Bail Bond Schedule shall be subject

to review by a judicial officer upon the written request of either party.

B. All cash bail bonds shall be considered a personal asset of the Defendant, and shall be held in trust

by the Court Clerk to be applied towards payment of the Defendant's fines, court costs, indigent

services, restitution, judgments and/or other fees which may be assessed by the Courts during the

course of the proceedings.

C. In the event that a cash bond is paid, but no charges are filed within sixty (60) days, the Clerk may

release the cash bond to the person who paid the bond.

LR41 - CR - 022. Johnson County Standard Bail Bond Schedule.

Unless otherwise ordered by the Court, the following shall be the amount set for the bail bonds:

Charge: Bond:

Murder NO BOND

Level 1 Felony $100,000 Cash

Level 2 Felony $ 75,000 Cash

Level 3 Felony $ 55,000 Cash

Level 4 Felony $ 35,000 Cash

Level 5 Felony $ 15,000 Cash

Level 6 Felony $ 10,000 Cash

Class A Misdemeanor $ 5,000 Cash

Class B Misdemeanor $ 3,500 Cash

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 7 of 45

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 8 of 45

Class C Misdemeanor $ 2,500 Cash

Class A Felony $150,000 Cash

Class B Felony $ 75,000 Cash

Class C Felony $ 25,000 Cash

Class C Felony (HTV) $ 15,000 Cash

Class D Felony $ 10,000 Cash

All bonds may be posted in full in cash or ten (10%) percent in cash of the full amount. In

the event that an arrest is made without a warrant signed by a judge endorsing a specific

bond, the chart above shall establish the bond for a preliminary charge.

LR41 - CR - 023. Other Pending or Prior Charges.

A. Probation/Parole: In the event that an arrested defendant is on criminal bond, pre-trial release,

parole, or probation, in Johnson County, Indiana or any other jurisdiction, at the time of his/her

arrest, the bail bond amount shall be double the amount stated in the bond schedule.

B. Domestic Violence: In situations where the Defendant has been arrested for a Second Offense

involving allegations of Domestic Violence, the Defendant shall be held without bond until the

appropriate bond amount is determined by a judicial officer at the Defendant’s first c ourt

appearance. (This section applies only if the Defendant has been previously arrested for, or

convicted of, an offense involving domestic violence.)

LR41 - CR - 024. Sex Offenses Involving Children.

No bail shall be set until a bail hearing is held in open court for individuals charged with child molesting,

child solicitation or an individual determined to be a sexually violent predator.

LR41 - CR - 025. Multiple Charges; Enhancement.

A. Multiple Charges. In the event that the individual is arrested on more than one preliminary

charge, the bond shall be set in the amount of bond for the most serious offense.

B. Enhancement. In the event the alleged crime involves distribution of heroin, fentanyl,

methamphetamine or manufacture of methamphetamine, the Bond shall be increased by

$100,000.00 Cash.

LR41 - CR - 026. Mandatory Bond Condition.

A. Bond Condition Required. An individual arrested for a violent crime and released must sign a

bond condition acknowledging they are prohibited from having any direct or indirect contact with

the alleged victim(s) for ten (10) days from release or until initial hearing, whichever occurs first.

LR41 - CR - 027. Intoxicated Defendants.

The Sheriff of Johnson County or his/her designee, shall have the express authority to detain a person

under the influence of intoxicating substances or drugs until such time as that person may be safely

released without being a danger to himself / herself or others.

The Sheriff is authorized to use the chart contained within IC 35-33-1-6, as extrapolated by the Sheriff, to

determine when an individual may be released for an alcohol-related offense, without re-testing the

individual. In the event that no probable cause is found, or the Prosecutor declines to file charges on an

arrest for an alcohol-related offense, the Sheriff may release the arrested person prior to the time in the

chart described above.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 9 of 45

LR41 – CR – 028. Johnson County Pretrial Release Supervision.

This schedule applies only to certain levels of offenses in which the Defendant may be released on own

recognizance. The Sheriff of Johnson County is hereby ordered to follow this schedule for determining

the pretrial release of certain categories of pers ons arrested without warrants for criminal offenses to be

filed in the foregoing courts, to be released onto Pretrial Release Supervision through the Johnson County

Adult Probation Pretrial Release Division, subject to the following eligibility:

A. All persons detained in the Johnson County shall be eligible for a pretrial release risk assessment,

and release schedule in accordance with the matrix set forth in the Pretrial Release Policy.

B. Regardless of the charged offense, any person eligible to post bond pursuant to the bond schedule

may post bond and shall be released without receiving a pretrial release risk assessment.

C. The pretrial release risk assessment shall include the administration of at least one (1) State

approved pretrial release risk assessment and such other risk assessment instrument(s) that may be

approved and required by the judges of the Johnson Circuit and Superior Courts.

D. All decisions regarding release and/or release conditions under this pretrial release schedule are

conditional and may be reviewed sua sponte by the Court at the first appearance based upon

information obtained through the pretrial screening process. After a defendant’s first appearance

(or waiver thereof), the Court, sua sponte, or the prosecuting attorney or the defendant may by

written motion request a hearing on the defendant’s pretrial release/detention status and/or

conditions of release.

E. Pretrial conditions of release under this schedule may include that the person released shall:

a. respond promptly to e-mail, telephone calls, or text messages from the pretrial release

program;

b. verify employment, residence, and contact information;

c. meet in person as directed with a case monitor from the pretrial release program;

d. obey all rules and regulations of the pretrial release program; and

e. obey all other conditions imposed by the Court

LR 41 – CR – 029. Conditions of Release.

A. All releases on bond or on personal recognizance are subject to the following conditions:

a. the defendant shall appear in court at all times required by the Court;

b. the defendant shall not leave the State of Indiana without the prior written approval of the

Court;

c. the defendant shall not commit or be arrested for another criminal offense;

d. for the purposes of receiving court notices and reminders of hearing dates, the defendant

shall provide a valid e-mail address and telephone number for a cellular telephone that can

receive text messages, if available;

e. the defendant shall keep his or her attorney and the Court advised in writing of any change

of address, telephone number, or e-mail address within twenty-four (24) hours of such

change; and

f. any other condition of release ordered by the Court.

B. Pursuant to IC 35-33-8-3.2(a)(4), a defendant’s release may also be conditioned upon refraining

from any direct or indirect contact with the alleged victim of an offense or other individual so

ordered by the Court.

C. Violation of any condition of release may result in the Court revoking the defendant’s release and

the issuance of a warrant for re-arrest.

RULES FOR COURT REPORTERS

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 10 of 45

LR41 - AR - 030: Scope.

These rules apply in the Johnson County Circuit Court; the Johnson County Circuit Court, Juvenile

Division; Johnson Superior Court 1; Johnson Superior Court 2; Johnson Superior Court 3; Johnson

Superior Court 4; and the Johnson County Magistrate Court.

LR41 - AR - 031: Compensation.

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

direction and direct supervision of their supervising Judge during any Regular Work Hours, Gap

Hours Worked, or Overtime Hours. The supervising Judge shall enter int o 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. Charges for Transcript Preparation:

1. Unless otherwise noted in this rule, or otherwise provided by specific, written order of the

Judge, the per page fee for the preparation of a Certified Transcript is $8.00.

2. The Court Report shall submit a claim directly to the County for the preparation of any

County Indigent Transcripts.

3. At the Judge's discretion, a per page fee exceeding $8.00, but not more than $9.25, may be

charged for the preparation of a Transcript in cases of Emergency, Insufficient Notice, or

Short Notice.

4. The per page fee a Court Reporter may charge for an uncertified copy of a previously

prepared Transcript shall be $1.00.

C. Charges in Addition to Transcript Preparation.

1. Preparation of the Additional Documents required by Indiana Rules of Appellate Procedure

28(A) and 29 shall be compensated at the standard per page fee of $8.00.

2. Preparation of the Transcript, Additional Documents, and Exhibits as required by Indiana

Rules of Appellate Procedure 28(A) and 29 shall be compensated at the Court Reporter's

hourly rate of the annual court reporter salary, as determined by the Johnson County

Council annual salary ordinance. Such work shall be accounted for and billed in fifteen

(15) minute increments.

3. The Court Reporter shall charge for office supplies required and utilized for the preparation

and electronic transmission of the Transcript, pursuant to Indiana Rules of Appellate

Procedure 28 and 29.

a. At the direction of the Judge, the necessary supplies for County Indigent Transcripts

may be provided by the Court.

D. Payment Arrangements.

1. Pursuant to Indiana Rule of Appellate Procedure 9(H), the party requesting a Transcript

shall make satisfactory payment arrangements with the Court Reporter prior to the

commencement of the Transcript preparation.

2. A deposit of at least one half ( 1/2) of the estimated cost of the completed Transcript will

be required by the Court Reporter before beginning any Transcript.

LR41 - AR - 032: Choice to Engage in Private Practice.

A. A Court Reporter may elect to engage in Private Practice.

B. With a written agreement with the Judge, a Court Reporter may utilize the Court’s Equipment,

Work Space and supplies.

C. The written agreement between the Judge and the Court Reporter shall, at a minimum, designate

the following:

1. The reasonable market rate for the use of Equipment, Work Space and supplies;

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 11 of 45

2. The method by which records are to be kept for the use of Equipment, Work Space and

supplies; and

3. The method by which the Court Reporter is to reimburse the Court for the use of the

Equipment, Work Space and supplies.

4. If a Court Reporter elects to engage in Private Practice, all such Private Practice work shall

be conducted outside of Regular Work Hours.

RULES REGARDING PLACEMENT OF JUVENILES FACING NON-JUVENILE CHARGES

LR41 - CR - 033. Scope.

A. In accordance with the Indiana Code and this Court’s probate jurisdiction, this Court operates both

a Juvenile Court Division and the Johnson County Juvenile Detention Center.

B. The purpose of the Johnson County Juvenile Detention Center is to provide a secure placement for

juveniles who are facing an allegation of delinquency or a status offense or who have been

adjudicated to be delinquent.

C. From time to time, a juvenile may be charged with a non-juvenile offense (criminal or otherwise)

which is outside the jurisdiction of the Juvenile Court.

D. As a courtesy to the Johnson County Sheriff and to the other Johnson County Courts, juveniles

charged with or arrested for non-juvenile offenses may be held in the Juvenile Detention Center,

assuming such admission is in complete compliance with the mandates of these Rules.

LR41 - CR - 034: Specific Authorization.

A juvenile charged with or arrested for a non-juvenile offense shall be not be held in the Johnson County

Juvenile Detention Center without the specific authorization or approval of the Judge or the Juvenile

Magistrate of the Johnson Circuit Court.

LR41 - CR - 035: Standard Intake Procedures.

Upon the grant of said authorization or approval, a juvenile charged with, or arrested for, a non-juvenile

offense must first complete the standard intake procedures which are normal in the course of commitment

to the Johnson County Jail.

LR41 - CR - 036: Bond Processing.

Having completed the standard intake processing at the Johnson County Jail, said juvenile should be

considered for bond pursuant to the Johnson County Bond Schedule or any amendments thereto.

LR41 - CR - 037: Detention Duration.

The duration of such detention shall be at the sole discretion of the Judge or the Juvenile Magistrate of the

Johnson Circuit Court.

LR41 - CR - 038: Prior Authorization for Deviations from Procedures.

Any exceptions to or deviations from the procedures set forth in this Order must be authorized, in advance,

by either the Judge or the Juvenile Magistrate of the Johnson Circuit Court.

RULES ON ACCESS AND RELEASE OF APPELLATE MATERIALS

LR41 - TR - 039: Scope.

These rules are issued pursuant to Indiana Appellate Rule 12 and govern the release and / or access to

materials filed with the Johnson County Clerk of Courts pursuant to any provision of the Indiana Appellate

Rules.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 12 of 45

LR41 - TR - 040: Definitions.

For the purposes of these rules, the definitions contained in Ind. App. Rule 2 apply.

LR41 - TR - 041: Transcript.

A. During their respective briefing period, any party may, upon request, be provided with a n

electronic copy of the Transcript by the Clerk’s Office after payment has been made.

B. An attorney of record representing any party may withdraw the original Transcript from the

Clerk’s Office by filing a completed Request for Release of Appellate Materials.

1. The attorney who withdraws the Transcript shall return it to the Clerk of Courts the date

their brief is filed with the Court on Appeal.

2. Failure to timely return the Transcript may result in notice of the same being made to the

Court on Appeal.

LR41 - TR - 042: Exhibits.

A. During their respective briefing period, any party may, upon request, be provided a copy of any

Exhibit by filing a completed Request for Release of Appellate Materials.

B. Release of any original Exhibit or Exhibits which cannot be duplicated, replaced, or recreated shall

be made only upon written authorization from the trial court.

1. The party who withdraws any original Exhibit shall return it to the Clerk of Courts on the

date their brief is filed with the Court on Appeal.

2. Failure to timely return the original Exhibit may result in notice of the same being made to

the Court on Appeal.

RULES REGARDING INCARCERATION OF THOSE UNDER COURT SERVICES SUPERVISION

LR41 - CR - 043: Scope.

It is in the interest of judicial economy and uniformity to authorize a 24-hour incarceration for any

individual under the supervision of Court Services, whether in work release, home detention, day

reporting, or on probation, who tests positive for alcohol use.

LR41 - CR - 044: Twenty-four Hour Incarceration.

A. In the absence of a specific order of the Court, upon a positive test for alcohol use for any

participant under the supervision of Johnson County Probation and/or Community

Corrections, that participant shall be subject to a mandatory 24-hour hold.

B. This policy shall be in addition to, and not be considered to the exclusion of any additional

policies or sanctions which may be considered for the participants’ conduct.

FAMILY COURT RULES

Mission Statement:

The purpose of the Juvenile and Family Court is to effectuate maximum utilization of services to

Johnson County families who are involved in particularly complex litigation or multiple, simultaneously

pending litigation through the coordination of pretrial proceedings and service referral.

LR41 - FL - 045: Definitions.

A. Family Court: is the Johnson Circuit Court or Johnson Circuit Court, Juvenile Division, before

which cases involving a family or household are linked together for purposes of case coordination.

The individual cases maintain their separate integrity and separate docket number, but may be

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 13 of 45

given a common family court designation.

B. Family Court Proceeding: is comprised of the individual cases of the family or household(s) which

have been assigned to Family Court.

LR41 - FL - 046: Scope.

A. These rules apply exclusively to the Johnson County Family Court operated in the Johnson Circuit

Court, Juvenile Division as the Johnson County Juvenile and Family Court.

B. Unless explicitly set out in these rules, these rules do not abrogate or modify the Johnson County

Local Rules.

LR41 - FL - 047: Eligibility.

A. Case types eligible to be heard in the Family Court include, but are not limited to: AD, D C, DN,

GU, JC, JD, JM, JS, JT, MH, MI, PO, and RS.

B. Where family members are involved in two or more simultaneously active cases of eligible case

types with pending issues, these cases may be moved to the Family Court.

C. Pursuant to the Johnson County Local Criminal Rules, LR41 - CR - 065, charges of Nonsupport

of a Dependent Child shall be assigned to the Johnson Circuit Court and heard in the Juvenile and

Family Court by the Juvenile Magistrate as a Family Court proceeding. It shall be the duty of the

Prosecuting Attorney to file the Fam ily Court Identification Form with the Juvenile and Family

Court.

D. A case of an eligible case type involving particularly complex family law issues may be moved to

the Family Court if:

1. A written request is received in the Family Court.

2. Notice is provided to all parties.

3. Approval is granted by the Judge of the originating court.

4. Approval is granted by a Judge of the Family Court.

LR41 - FL - 048: Identification of Eligible Families.

A. Any person aware of a family involved in multiple, simultaneously pending litigation may identify

such a family to the Family Court.

B. Identification of a family who may be eligible for case transfer to the Family Court is an

administrative procedure which does not address the merits of the cases involved and which grants

no procedural or tactical advantage. All parties will be informed in writing of the result of the

identification process.

LR41 - FL - 049: Assignment of Cases.

A. The Local Rules governing the assignment of cases among the Circuit and Superior Courts are not

affected by the implementation of the Family Court or these rules.

B. Cases shall be assigned among the Circuit and Superior Courts in accordance with the Johnson

County Local Rules governing the same.

C. There are no original filings in the Family Court.

LR41 - FL - 050: Filing of Pleadings.

A. Pleadings may be filed electronically or, for pro se and out-of-state litigants, in either the office of

the Clerk of Courts or the Family Court.

B. However, in order to avoid any administrative delays in processing, emergency pleadings should

be filed in the Office of the Family Court.

LR41 - FL - 051: Jurisdiction.

A. The Family Court may exercise jurisdiction over any case involving the family at the same time it

exercises jurisdiction over a juvenile case (Child in Need of Services, Delinquency, Status, and

Paternity) involving the family. *

B. Cases heard in the Family Court, whether by transfer or designation, shall remain in the Juvenile

and Family Court for any post-dispositional proceedings.

LR41 - FL - 052: Hearings.

A. Status Hearings. Unless specified otherwise in writing, the first appearance in the Family Court

shall be a status hearing.

B. Concurrent Hearings. The Family Court may, in the Court’s discretion, set hearings on related

cases to be heard concurrently, take evidence on the related cases at these hearings, and rule on the

admissibility of evidence for each cause separately as needed to adequately preserve the record for

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

LR41 - FL - 053: Designation of Family Court Case and Change of Judge for Cause.

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

for a change of venue from the judge may be granted except to the extent permitted by Indiana

Trial Rule 76.

B. Within ten (10) days after notice is sent that a case has been selected for Family Court, a party may

object for cause to the Family Court designation.

C. A motion for change of venue from the judge in any matters arising in the Family Court proceeding

or any future cases joined in the Family Court proceeding after the initial selection of cases shall

be granted only for cause.

D. If a special judge is appointed, all current and future cases in the Family Court proceeding may be

assigned to the special judge.

LR41 - FL - 054: Judicial Notice and Access to Records.

A. Access to Records: Parties to a Family Court Proceeding shall have access to all cases within the

Family Court Proceeding, with the exception of confidential cases or records to which they are not

a party. Parties may seek access to the confidential cases or records in another case within the

Family Court Proceeding in which they are not a party by written petition based on relevancy and

need. Confidential records shall retain their confidential status and the Family Court shall direct

that confidential records not be included in the public record of the proceedings.

PLAN FOR ALLOCATION OF JUDICIAL RESOURCES (CASELOAD ALLOCATION PLAN)

LR41 - AR - 055: Criminal Cases.

Criminal case allocation among the Johnson Circuit and Superior Courts will operate as specified in the

Rules for Filing and Reassignment of Criminal Cases, LR41 - AR- 063.

LR41 - AR - 056: Juvenile Cases.

All Juvenile cases (JC, JD, JM, JP, JS, and JT) shall be filed in the Johnson Circuit Court.

A. CHINS and Terminations. Unless a written order indicates otherwise, Juvenile CHINS (JC) and

Juvenile Termination (JT) cases shall be heard by the Judge of the Johnson Circuit Court.

B. Other Juvenile Cases. Unless a written order indicates otherwise, Juvenile Delinquency (JD),

Juvenile Miscellaneous (JM), Juvenile Paternity (JP), and Juvenile Status (JS) cases shall be heard

by the Juvenile and Family Court Magistrate.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 14 of 45

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 15 of 45

LR41 - AR - 057: Family Court Cases.

Unless otherwise indicated by a written order, all Family Court cases shall be heard by the Juvenile and

Family Court Magistrate of the Johnson Circuit Court.

LR41 - AR - 058: Remaining Civil Cases.

A. Reciprocal Support. Reciprocal Support (RS) cases shall be filed in the Johnson Circuit Court and

will be heard by the Magistrate of the Juvenile and Family Court.

B. Probate. All Probate cases (AD, ES, EM, EU, GU, MH, and TR) shall be filed in the Johnson

Superior Court No. 2.

C. Domestic Relations.

1. With Children. Domestic Relations with Children (DC) cases shall be filed in the Johnson

Circuit Court, the Johnson Superior Court No. 1, and the Johnson Superior Court No. 4 on

a random and even basis.

2. Without Children. Domestic Relations with out Children (DN) cases shall be filed in the

Johnson Circuit Court, the Johnson Superior Court No. 1, and the Johnson Superior Court

No. 4 on a random and even basis.

D. Grandparent Visitation. Grandparent Visitation (GV) cases shall be filed in the Johnson Circuit

Court, Johnson Superior Court No. 1, and Johnson Superior Court No. 2 on a random and even

basis, unless involving the same parties as a pending domestic relations or other related cas e, in

which case the Grandparent Visitation (GV) shall be opened in the court wherein the related matter

is pending.

E. Small Claims. Small Claims (SC) cases, including Evictions (EV), shall be filed in the Johnson

Circuit and Superior Courts on a random and even basis. Small Claims cases shall be heard

by the Magistrate of the Johnson Circuit and Superior Courts.

F Protection Order. Protection Order cases shall be filed in the Johnson Circuit and Superior Courts,

on a random and even basis, unless involving the same parties in a pending Civil or Juvenile case

(i.e., AD, DC, DN, GU, JC, JD, JM, JP, JS, JT, etc.).

1. Not Associated with Other Cases. Protection Order (PO) cases not associated with other

pending Civil or Juvenile case shall be heard by the Magistrate of the Johnson Circuit and

Superior Courts.

2. Associated with Other Cases. Protection Order (PO) cases associated with other pending

Civil or Juvenile cases involving the same parties shall be opened in the courts wherein

such associated cases are pending and may, at the discretion of the presiding Judge, be

heard by the Magistrate of the Johnson Circuit and Superior Courts.

G. Tax Sale Cases. Application for Judgment in Tax Sale (TS) and Verified Petition for Tax Deed

(TP) cases shall be filed in Johnson Superior Court No. 2.

H. Civil Cases. Unless a specific provision of this rule provides otherwise, all remaining civil case

types (CC, CE, CT, EV, MF, MI, PC, PL, RA, RF, and XP) shall be filed in the Johnson Superior

Court No. 2 and the Johnson Superior Court No. 4 on a random and even basis.

1. Post-Conviction Relief.

a. Post-Conviction Relief (PC) cases shall be filed in the court which sentenced the

Petitioner.

b. Post-Conviction Relief cases may be assigned to the Magistrate of the Johnson

Circuit and Superior Courts.

2. Expungement / Sealing (pursuant to I.C. 35-38-9-1, et seq.). Expungement (XP) cases shall

be heard by the Magistrate of the Johnson Circuit and Superior Courts.

3. Special Driving Privileges (pursuant to I.C. 9-30-16-1, et seq.). Civil Miscellaneous (MI)

cases filed to petition for Special Driving Privileges shall be heard by the Magistrate of the

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 16 of 45

Johnson Circuit and Superior Courts.

LR41 - AR - 059: Proceedings Supplemental.

A. Small Claims. Proceedings Supplemental in Small Claims (SC) cases shall be heard by the

Magistrate of the Johnson Circuit and Superior Courts.

B. Other Civil Cases. Unless a written order indicates otherwise, Proceedings Supplemental in all

other cases shall be heard in the court supervising that case.

LR41 - AR - 060: Evaluation of Workload Information.

A. Future Review. Future review of the Caseload Allocation Plan shall be conducted in compliance

with the Schedule for the same established pursuant to Administrative Rule 1.

B. Caseload Evaluation. The caseload evaluation shall factor in the disparate allocation of

administrative duties among the judicial officers, as well as any special circumstances such as

death penalty cases.

C. Special Service. Special service by: 1) Johnson County judicial officers outside their own courts;

or, 2) special, senior judges, or transfer Judges serving in the Johnson County Courts shall also be

considered. Such service shall be calculated, in accordance with the Weighted Caseload Worksheet

and criteria established by the Indiana Supreme Court Division of State Court Administration, to

the nearest half day of service.

D. Caseload Allocation Plan Schedule. Pursuant to the evaluation of factors outlined in steps 1-3

above, changes necessary to ensure that the Johnson County Courts remain in compliance with the

Order for Development of Local Caseload Plans shall be developed and approved by a majority

vote of the judicial officers and shall become effective on January 1 of the following year, unless

good cause is shown pursuant to Indiana Trial Rule 81.

E. Bi-annual Review. Pursuant to Indiana Administrative Rule 1, the Johnson County Caseload

Allocation Plan is subject to review in odd-numbered years.

RULES FOR APPOINTMENT OF SPECIAL JUDGES IN CIVIL CASES

LR41 - TR - 061 Appointment of Special Judges in Civil Cases.

Appointment of Special Judges in Civil Cases shall be conducted pursuant to Indiana Judicial

Administrative District Rule DR17 - TR79 - 00002.

CRIMINAL RULES

LR41 - CR- 062: Authority and Scope.

These rules are hereby promulgated pursuant to the authority of the Indiana Criminal Rules. These rules

shall govern the practice and procedure for the filing assignment of all felony and misdemeanor cases in

the Johnson County Circuit and Superior Courts.

LR41 - AR- 063: Random Case Assignment.

A. Murder and Level 1 Felonies. All cases involving Murder (MR) and Level 1 Felonies (F1) shall

be assigned on a random and equal basis among the Johnson Circuit Court, Johnson Superior Court

No. 1, and Johnson Superior Court No. 3.

B. All Other Felonies. In conjunction with the Amended Johnson County Plan for Allocation of

Judicial Resources, and subject to the provisions of LR41 - CR - 064 and LR41 - CR - 065, all

other cases involving Felonies shall assigned on a random and equal basis among the Johnson

Circuit Court, Johnson Superior Court No. 1, and Johnson Superior Court No. 3.

C. Misdemeanors, Infractions, and Ordinance Violations. In conjunction with the Amended Johnson

County Plan for Allocation of Judicial Resources, and subject to the provisions of LR41 - CR -

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 17 of 45

063 and LR41 - CR -64, Misdemeanors (CM), Infraction (IF), and Ordinance Violation (OV) cases

shall be assigned to the Johnson Superior Court No. 3.

D. Miscellaneous Criminal Cases.

1. Search Warrants. Miscellaneous Criminal cases opened for Search Warrants shall be

assigned based upon the annual Judges’ On-Call Schedule.

2. Grand Jury. Miscellaneous Criminal cases opened for Grand Jury proceedings shall be

opened in the court of the supervising Judge, pursuant to Rule LR41-CR-068.

3. General.

a. Miscellaneous Criminal cases opened for rights advisements shall be filed in the

Johnson Circuit and Superior Courts on a random and even basis;

b. Miscellaneous Criminal cases opened for rights advisements and extraditions shall

be heard by the Magistrate of the Johnson County Circuit and Superior Courts; and,

c. Miscellaneous Criminal cases opened for probation transfers shall be assigned to

the Johnson Circuit Court.

d. Criminal Red Flag (RF) cases shall be assigned on a random and equal basis

between Johnson Circuit Court, Johnson Superior Court No. 1, and Johnson

Superior Court No. 3.

LR41 - CR- 064: Re-filings and Subsequent Filings.

A. Subsequent to Dismissals.

1. In the event the State of Indiana dismisses a case or charge, any subsequent case or charge

filed against the named defendant shall be assigned to the Court from which the dismissal

was taken.

2. It shall be the duty of the Prosecuting Attorney to bring this fact to the attention of the

Clerk's Office when charges are re-filed.

B. New Causes of Action, Generally.

1. Subject to the provision of subsection (c) below, in the event of the origination of a new

cause of action against a defendant with an existing felony proceeding, the new cause of

action shall be assigned to the Court administering the existing cause(s) of action.

2. It shall be the duty of the Prosecuting Attorney to bring this fact to the attention of the

Clerk's Office when the new charges are filed.

C. New Causes of Action, Probation Revocation.

1. If the new felony cause of action filed against a defendant is supported by the same facts

upon which a petition to revoke probation or direct commitment to a Community

Corrections program could be based, the new cause of action shall be assigned to the Circuit

or Superior Court in which the related probation or commitment is being supervised.

2. It shall be the duty of the Prosecuting Attorney to bring this fact to the attention of the

Clerk’s Office when such new charges are filed.

LR41 -CR- 065: Non-support of Dependents.

Charges of Nonsupport of a Dependent Child shall be assigned to the Johnson Superior Court 1.

LR41 - AR- 066: Reassignment.

A. Reassignment Pursuant to District Rule. In the event a change of Judge is granted, or it becomes

necessary to assign another Judge in any felony or misdemeanor proceeding, the procedures of

Indiana Judicial Administrative District Rule DR17-CR-00003 will be followed.

B. When Case is Transferred. If a Johnson County Judicial Officer is selected as Special Judge, the

case shall be transferred to the selected Johnson County Court.

C. Not a Limitation on Transfers. This rule is not intended to limit the authority of the Judges to

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 18 of 45

transfer cases between the Courts by agreement of the Judges.

LR41 - AR - 067: Appointment of Special Judge.

In the event that no local Judge is available to accept reassignment of a case pursuant to LR41 - AR - 066,

or the particular circumstance warrants selection of a special judge by the Indiana Supreme Court, such

case shall be certified to the Indiana Supreme Court for appointment of a Special Judge.

LR41 - CR00 - 068: Grand Jury Supervision.

A. Grand Jury supervision shall rotate among the Johnson Circuit Court, Johnson Superior Court No.

1, and Johnson Superior Court No. 3 in the following manner:

1. Requests for a Grand Jury filed between January 1 and April 30 shall be supervised by the

Johnson Circuit Court.

2. Requests for a Grand Jury filed between May 1 and August 31 shall be supervised by the

Johnson Superior Court No. 1.

3. Requests for a Grand Jury filed between September 1 and December 31 shall be supervised

by the Johnson Superior Court No. 3.

C. The Court’s Bailiff shall, at the time of the creation of the Quarterly Venire List pursuant to the

Amended Local Rules Regarding Selection of Procedures for Juror Selection, randomly draw the

names of twelve (12) Grand Jurors to serve as such.

D. Any new criminal case filings which result from Grand Jury Proceedings shall be filed in the Court

in which the Grand Jury Proceedings were held, as an exception to LR41 - CR - 063.

DOMESTIC RELATIONS RULES

LR41 - FL - 069: Authority.

These rules are promulgated pursuant to the authority of the Indiana Rules of Trial Procedure and Trial

Rule 81, and are intended to supplement those rules. These rules shall govern the practice and procedure

in all Domestic Relations and Paternity cases in the Johnson County Circuit and Superior Courts.

LR41 - FL - 070: Financial Declarations.

A. In any contested final hearing or any modification hearing involving child custody, support, or

division of assets or debts, the Parties will file an updated financial declaration accompanied with

wage records at least five (5) days prior to the hearing.

B. If the matter is set for a preliminary hearing, the financial declaration must be filed no later than

the day of the hearing.

LR41 - FL - 071: Child Support Worksheets.

In all matters regarding child support issues, the Parties shall, on or before the date of the hearing:

A. File a Child Support Obligation Worksheet, including, when appropriate, the Post-Secondary

Education Worksheet and /or a Parenting Time Credit Worksheet; and if the Parties contend a

deviation from the Child Support Rules and Guidelines is appropriate, they shall indicate the

reasons for deviation on the worksheet or in an attachment; and

B. File supporting documentation to establish proof of current income and income earned during the

prior tax year; and

C. File a draft Income Withholding Order and ISETS form.

LR41 - FL -072: Sanctions.

Failure to comply with LR41 - FL - 070 or LR41 - FL - 071 herein subjects any person in non-compliance

to sanctions as the Court may deem appropriate or remedial including but not limited to exclusion of

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 19 of 45

evidence, attorney fees, or continuance.

LR41 - FL - 073: Alternative Dispute Resolution.

A. General Rule. 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.

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.

D. Waiver. The Court may waive the Alternative Dispute Resolution Requirement.

LR41 - FL - 074: Hearings.

Either Party shall notify the Court in a praecipe for final hearing of the anticipated length of the case, and

update that notice two (2) days prior to trial, so that the Court can determine whether to remove alternative

choice settings.

LR41 - FL - 075: Continuances.

All motions for continuance must be filed in a timely manner. The motion must state the opposing Party

has been notified (or a good faith attempt at notification has been made) and must state whether the

opposing Party objects, if known. A motion for continuance filed on or near the hearing date must allege

extenuating circumstances as to why the continuance is not filed timely and will be considered on a case-by-case basis.

LR41 - FL - 076: Summary Adjudication.

The Courts prefer, if possible, the summary presentation and adjudication of preliminary hearings,

contempt hearings and compliance hearings.

LR41 - FL - 077: Termination of Representative Capacity.

A. Upon entry of a final dispositional order or an order of modification of any custody, parenting time

and/or child support order, the representative capacity of all attorneys appearing on behalf of any

Party shall be deemed terminated upon:

1. An order of withdrawal granted by the presiding Court;

2. The expiration of time within which an appeal of such Order may be preserved or perfected

pursuant to the Indiana Rules of Trial Procedure and/or the Indiana Rules of Appellate

Procedure; or,

3. The conclusion of any appeal of such Order commenced pursuant to Indiana Rules of Trial

Procedure and/or the Indiana Rules of Appellate Procedure.

B. The service of any post dissolution pleadings upon any Party not represented by counsel pursuant

to paragraph A above, shall be made upon that person pursuant to the Indiana Rules of Trial

Procedure.

C. Any copy served upon original counsel will be deemed to be a matter of professional courtesy

only, without substantive legal effect.

D. Any withdrawal or appearance shall include the last known address of the Party.

LR41 - FL - 078: "Families in Transition" Program.

A. When Required for Parents. Parties in all Dissolution and Legal Separation cases must

immediately enroll in and complete the Families in Transition program if there are children from

the marriage under the age of sixteen (16) years of age.

B. When Required for Children. As of the date of the filing of the Petition for Dissolution or Legal

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 20 of 45

Separation, if there are children of the marriage between the ages of eight (8) and sixteen (16)

years old, the children must enroll in and complete the program.

C. Waiver. The Court shall consider a written waiver under this Rule, in extraordinary circumstances,

on a case-by-case basis.

D. Submission of Proposed Order. Pursuant to this rule, the Petitioner must submit a proposed Order,

with all information provided therein, at the time the Petition for Dissolution or Legal Separation

is filed.

E. Other Programs. The Court may consider allowing the use of other similar programs outside of

Johnson County and/or the State of Indiana upon proper application.

PROBATE RULES

LR41 - PR - 079: Scope.

These Amended Johnson County Probate Rules shall apply in all probate matters filed in the Circuit and

Superior Courts in Johnson County, Indiana.

LR41 - PR - 080: Accountings Reports and Procedures.

A. Documentation of Disbursements. In all Supervised Estates and Guardianship accounts, affidavits

in lieu of ability to occasionally work weekend, evening, and/or extended hours, and occasionally

travel out of town, sometimes overnight.

B. The Personal Representative or Guardian shall procure and maintain receipts or proof of payment

and make such receipts or proof of payment available to interested persons upon Court Order.

C. Public or Pension Benefits. All Social Security, Medicare, pension benefits, or other benefits,

including IRS distributions, received on behalf of an incapacitated person or minor shall be

included and accounted for in the Guardianship accounting, unless Court approval has been

previously granted to allow said funds to be paid directly to a residential or health care facility.

D. Disbursements to the Fiduciary.

1. In Supervised Estates, disbursements by the Personal Representative to herself / himself

shall be made only with complete documentation and / or original receipts which document

the date, amount, and reason for the disbursement.

2. In Guardianships, the Guardian shall make no disbursement to herself / himself without

prior Court order. A Guardian may petition the Court for authorization to disburse

Guardianship funds to herself / himself by regular and periodic advances, if:

a. the Guardian is providing care to the incapacitated person and is allocating a portion

of the Guardian’s regular periodic expenses for the incapacitated person’s care; and,

b. the Guardian’s written request is supported by itemization of the past regular

periodic expenses incurred and the proposed allocation of the expenses between the

Guardian and the incapacitated person.

E. Accounting Schedule Formats. Accountings in Supervised Estates and in Guardianships shall be

presented in the following schedules and format and in accordance with the Indiana Code.

Informal, handwritten or transactional accountings will not be accepted.

1. Schedule 1: All Property Chargeable to the Personal Representative or Guardian.

a. The property held by the Personal Representative or Guardian may be established

by reference to the Personal Representative’s or Guardian’s Inventory or most

recent Accounting.

b. Additional property chargeable to the Personal Representative or Guardian during

the period of the accounting shall be identified as follows as to each new item of

property:

1. a description of the property;

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 21 of 45

2. an amount received or value of the property;

3. the income from principal shall include the property from which the income

was received.

c. A report of change in the property held, such as a change in investment, shall

include the following:

1. the description of the property sold, changed or lost;

2. any gain or loss resulting from the transaction;

3. the description of the property received, purchased or obtained.

2. Schedule 2: Payments, Charges, Losses and Distributions. Each disbursement shall be

reported, including the following information:

a. the payee;

b. check number or other identifying number on the instrument;

c. the amount disbursed; and,

d. the description of the reason for the disbursement sufficient to substantiate the

reason for the disbursement as part of the administration of the Estate or

Guardianship or the support of the incapacitated person or minor, if the reason for

disbursement is not apparent from the description of the payee.

3. Schedule 3: Property at the End of the Period of Accounting.

a. The property held by the Personal Representative or Guardian at the end of the

period of account shall be identified as follows:

1. an itemization of the property held by a description of property, asset or

investment;

2. the value of the property, asset or investment as of the date of the end of the

accounting period;

3. the basis for valuation of the property, asset, or investment, unless

previously provided in the Inventory;

4. the market valuation at the end of the period of accounting if the intangible

personal property is subject to market fluctuation.

b. The proposed distributions in Supervised Estates shall specifically set forth the

payee and the property to be distributed.

c. In testate administration, the proposed distribution shall refer to the provision of

the Will that authorizes the proposed distribution.

d. In intestate succession, the account shall include an heirship affidavit.

e. Administration Longer than One Year. Whenever a Supervised Estate cannot be

closed within twelve (12) months, an intermediate report of account shall be filed

with the Court within thirty (30) days after the expiration of the year and any

succeeding year thereafter. Such report of accounting shall comply with the

provisions of the Indiana Code and shall also include the following:

1. all facts showing why the Estate cannot be closed and an estimated date of

closing.

2. a proposal for partial distribution of the Estate to the extent that partial

distribution can be made without prejudice to distributees and claimants.

f. Tax Forms. The Federal Estate Tax Closing Letter and the Indiana Inheritance Tax

Closing Letter (or the counter-signed receipt) or an electronic reproduction,

showing payment of all Federal Estate and/or Indiana Inheritance Tax liability in

the Estate, executed by the Internal Revenue Service or the Indiana Department of

Revenue, shall be attached to the Final Report.

LR41 - PR - 081: Adoption.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 22 of 45

A. Scheduling of Hearings. No hearing on a Petition for Adoption will be scheduled until all reports,

affidavits, and consents required by the Indiana Code are on file with the Court.

B. Scheduling of Final Hearing -- Proof of Stability. No final hearings in Adoption proceedings shall

be scheduled without a written offer of proof of stability in the adoptive placement. Indications of

such stability may include, but are not limited to:

1. Placement of the child in the home of the adoptive parent(s) for at least three (3) months;

or,

2. Length of marriage of the adoptive parents.

LR41 - PR - 082: Appointment of a Fiduciary.

A. Petition Contents. Request for appointment as Personal Representative or Guardian shall be made

by verified application for appointment containing information as to the Petitioner’s qualification

to serve as Personal Representative or Guardian. The following information re garding the

Petitioner is deemed relevant to the Petitioner’s qualification to serve as Personal Representative

or Guardian:

1. address;

2. educational background;

3. current employment;

4. any prior experience in financial management, including investments and checkbook

management;

5. any prior felony convictions;

6. a statement that the Petitioner has attained the age of majority and is not incapacitated for

a reason other than physical illness, impairment, or infirmity; and,

7. a statement that

a. the counsel for the Petitioner has been provided with the Petitioner’s Social

Security Number and Date of Birth; and,

b. authorizes the release of the same to the Court in the event of breach of any legal

or Fiduciary duty.

B. Petition Form. The Verified Application for Appointment of Personal Representative or Guardian

shall be substantially in the form of Johnson County Probate Form 1. In lieu of Johnson County

Probate Form 1, the information may be included in the Petition to Open Estate.

C. Appearance Not Required. A Petitioner need not appear before the Court to qualify as Personal

Representative.

LR41 - PR - 083: Address Changes of Fiduciary.

A Personal Representative or Guardian who changes address shall advise the Court in writing of the new

address within thirty (30) days of the change.

L.R41 - PR - 084: Bond and Alternatives Thereto.

A. When Bond Not Required. Subject to the discretion of the Court and to the requirements of the

Indiana Code, bond shall not be required if:

1. the Decedent’s Will requests that a domiciliary Personal Representative be permitted to

serve without bond;

2. all beneficiaries or heirs consent to a domiciliary Personal Representative serving without

bond; or,

3. the Fiduciary serving in a Supervised Estate or Guardianship is a corporate banking

Fiduciary which is legally qualified to so serve.

B. Alternative to Bond. In lieu of a bond otherwise required by law or by the Court, a Fiduciary may

restrict transfer of all or part of the liquid assets of an Estate or Guardianship by placing those

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 23 of 45

assets in a federally-insured financial institution with the following restriction placed on the face

of the account or document:

NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT

WRITTEN ORDER OF THE JOHNSON CIRCUIT OR SUPERIOR COURT.

A certification, by an officer of the financial institution at which the account has been created, which states

that the account is restricted as required by the Court and that the financial institution will honor

the restriction, shall be filed with the court within ten (10) days of the Order authorizing a restricted

account. An acceptance of the terms of the restriction by the Fiduciary shall also be filed with the

Court. The certification shall be substantially in accordance with the form of Johnson Coun ty

Probate Form 2.

LR41 - PR - 085: Claims.

Form. Claims shall be filed on forms substantially in accordance with Johnson County Probate Form 3.

LR41 - PR - 086: Effective Date.

These rules shall become effective in all probate matters upon execution by the judge(s) exercising probate

jurisdiction in Johnson County, Indiana.

LR41 - PR - 087: Fees.

A. Fee schedules established. Fee schedules for attorneys and fiduciaries in probate matters shall be

approved and implemented on an annual basis in compliance with the remaining provisions in this

rule. See Appendix I.

B. Objectives for Fee Schedules. These Guidelines for Fees in Estates were developed by the Probate

Committee of the Johnson County Bar Association, which are herein adopted by the Court. These

Guidelines are intended to achieve the following objectives:

1. establish uniformity throughout the County in determining a fair and reasonable fee for

Supervised Estates;

2. provide a guideline to assist the Court in determining fair and reasonable fees;

3. furnish guidelines to attorneys so they can discuss fees that may be reasonably incurred

with their clients at the onset of administration; and,

4. assist the legal profession to arrive at a fair and reasonable fee for Estate work.

C. Use of Schedule. The schedule is NOT a minimum fee schedule, but a suggested maximum fee

schedule. Every attorney and Personal Representative has an obligation to request a fee which is

fair and reasonable for the work performed, taking into account Indiana Rules of Prof essional

Conduct. In an uncomplicated Estate, fees should be less than the maximum fees listed in this

schedule, and fees should always bear a reasonable relationship to the services rendered.

D. Guidelines for Fees in Estates.

1. While these Guidelines are recommended, they are neither mandatory nor binding on

attorneys or the Court.

2. The guiding criteria to be considered when setting a fee include, but are not limited to, the

following:

a. the time and labor required, the novelty, complexity, or difficulty of the questions

involved, the skill required to perform the services properly, and shall include a

determination as to how much of the attorney’s time was devoted to legal matters

and how much of it was devoted to ministerial functions;

b. the nature and extent of the responsibilities assumed by the attorney and the results

obtained, and shall include the considerations of the identity of the Personal

Representative and the character of the probate and non-probate transferred assets;

c. the sufficiency of assets properly available to pay for legal services, and shall

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 24 of 45

consider whether the attorney’s duties are expanded by the existence of non-probate

assets because of their inclusion for tax purposes, both federal and state; and,

d. the timeliness with which the necessary services are performed consistent with

statutory requirements, the Court’s rules of procedure and the Rules of Professional

Conduct applicable thereto.

3. In considering all of these criteria, all attorneys are expected to discuss with their client(s)

their fee, and that of the Personal Representative, at the time they are retained in Probate

matters.

4. In the event of a dispute of fees requested, the Court will consider records of time spent

and / or work performed by the Attorney and Fiduciary.

E. Payment from Estate or Guardianship. No fees for Fiduciaries or attorneys, except corporate

transactional fees, shall be paid out of any Supervised Estate or Guardianship without prior written

order of the Court.

LR41 - PR - 088: Filing of Pleadings.

A. Self-addressed Envelopes Required.

1. Subject to the subsection C below, all original pleadings filed with the Court shall be

accompanied by self-addressed, stamped envelopes.

2. All proposed orders shall be accompanied with self-addressed, stamped envelopes for

return, and, if necessary, for distribution to parties or beneficiaries.

3. Failure to provide self-addressed, stamped envelopes will result in the return of file -

stamped copies via Courthouse Mail Box. If an attorney or Fiduciary does not have a

Courthouse Mail Box, file stamped copies will be held at the Court until collected.

B. Preferred Filing Method. Pleadings, including Inventories, Inheritance Tax Schedules, Reports and

Accountings, shall be filed in accordance with Trial Rule 5(F).

1. After a case is opened, filing directly with the Court under Trial Rule 5(F)(5) is preferred.

2. If the Court Office is closed, pleadings should be filed with the Clerk of the Court.

C. Proposed Orders Required.

1. A moving party shall provide proposed orders for rulings. Proposed Orders on contested

hearings should be submitted in electronic format.

2. Proposed Letters Testamentary, Letters of Administration or Letters of Guardianship shall

be filed with the Petition for Appointment.

3. Exceptions from this general rule shall be granted for Orders on Determination of

Inheritance Tax or as expressly directed by the Court.

D. Attorney Contact Information. All pleadings filed shall contain the attorney’s name, attorney

number, office address and telephone number.

LR41 - PR - 089: Guardianships.

A. Guardianship of an Incapacitated Adult. In all Guardianship matters seeking to declare an adult

incapacitated, the Petitioner may submit with the petition any supporting documents.

1. Supporting documents may include physician reports, medical records, statements of

qualified witnesses, photographs, police information, etc.

2. The admissibility of documents submitted with the Petition at hearing shall be subject to

the Indiana Rules of Evidence.

3. If a Physician’s Report is submitted, the Physician’s Report shall substantially comply with

Johnson County Probate Form No. 4.

B. Guardianship of a Minor. In every petition for the appointment of a Guardian of the person of a

minor child, the following information shall be given:

1. the child’s present address and the name(s) of the person(s) with whom the child resides;

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 25 of 45

2. the location(s) at which the child has lived within the past two years and the names and

present addresses of the person(s) with whom the child has lived during that period, if

different from the present information;

3. whether, to Petitioner’s knowledge, any other litigation is pending concerning the custody

of the child in this or any other state;

4. 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; and,

5. whether, to Petitioner’s knowledge, any other Court has issued a custody order.

C. Veterans’ Administration Rules and Regulations. Nothing herein shall be deemed as amending,

superseding or altering the Probate Rules and Regulations promulgated by the United States

Department of Veterans’ Affairs, and every Fiduciary and attorney shall comply with same, where

applicable.

LR41 - PR - 090: Inheritance Tax.

All pleadings pertaining to the assessment or determination of the Indiana Inheritance Tax, including a

Petition for Determination of No Tax Due, and any orders thereon shall be served upon the County

Assessor.

LR41 - PR - 091: Instructions to Personal Representatives and Guardians.

A. Instructions Required Prior to Appointment. The Instructions to the Personal Representative or

Guardian, executed by the Fiduciary, must be filed with the Court prior to Court appointment and

the issuance of letters.

B. Forms.

1. The preferred form for Instructions to the Personal Representative in Supervised Estates is

set forth in Johnson County Probate Form 5.

2. The preferred form for Instructions to the Personal Representative in Unsupervised Estates

is set forth in Johnson County Probate Form 6.

3. The preferred form for Instructions to the Guardian is set forth in Johnson County Probate

Form 7.

LR41 - PR - 092: Inventory.

A. Partial Inventories. Each partial inventory shall be denominated as a partial inventory.

B. Supervised Estates. In Supervised Estates, any written appraisals or evidence of value obtained to

comply with the Indiana Code shall be attached as Exhibits to the Inventory or Inventories filed

with the Court.

C. Unsupervised Estates. In Unsupervised Estates, the Personal Representative shall file a verified

written certification with the Court within two (2) months of Court appointment that the Inventory

required under the Indiana Code has been prepared and is available to a distribu tee who requests

a copy.

LR41 - PR - 093: Interpretation.

A. These rules are intended to supplement the provisions of the Indiana Probate Code.

B. Unless reference is made by Probate Rule to a specific form of probate proceeding, the Johnson

County Probate Rules shall be generally applicable to all forms of probate proceedings.

C. Any provision of these rules which is not also required by law may be waived by the Court for

good cause shown following a written request.

LR41 - PR - 094: Minors Settlements.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 26 of 45

A. Guardian ad Litem. In accordance with the Indiana Code, a guardian ad litem may be appointed to

protect the best interest of the minor and investigate the proposed settlement.

B. Evidentiary Hearing. At least one (1) evidentiary hearing shall be held in order to fully and

independently satisfy the Court that the requested settlement fully protects the minor’s rights and

interests.

C. Minors Consent to Settlement. If the minor is at least fourteen (14) years of age, the proposed

settlement shall be accompanied by a written consent to settlement by the minor.

D. Attendance at Hearings.

1. The custodial parent and / or the Guardian must be present at the evidentiary hearing.

2. A minor who is at least the age of fourteen (14) years shall attend the hearing.

3. Minors younger than fourteen (14) years of age may be required to appear at hearing.

4. Unless written consent is provided to the Court, notice of hearing shall be provided

to a non-custodial parent.

E. Limited Settlements or Administration.

1. If the funds originating from a minor’s settlement are less than the amount requiring

establishment of Guardianship under the Indiana Code or if a Guardian of a minor’s Estate

is appointed for the limited purpose of administration of the minor’s settlement, the Court

will accept deposit of the minor’s settlement in a restricted account at a federally insured

financial institution or in a Court approved investment in lieu of any other requirement for

inventory and accounting subject to affirmation on biennial account that the funds remain

on deposit.

2. Any such restricted account must provide that no principal or interest may be withdrawn

from the account without a written order of the Court, and with the following restriction

placed on the face of the account or in the investment document:

NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT

WRITTEN ORDER OF THE JOHNSON CIRCUIT OR SUPERIOR COURT

F. Certification. Within ten (10) days of an Order authorizing the creation of the account or

investment, a certificate by an officer of the institution at which the account or investment has been

created shall be filed with the Court which affirms that the account or inv estment is restricted as

required by Court order and is in compliance with this rule. The Guardian and the financial

institution shall both promptly notify the Court in the event that any principal or interest is

withdrawn from the account without Court authorization.

G. Application of Guardianship Law. Minors Settlements shall otherwise be subject to the

requirements for Guardianship, including the filing of inventory and accounting in Guardianships.

H. Attorney Fees. Attorney fees for representing a minor in settlement of a claim for personal injuries

are subject to Court approval. If the entire attorney fee is to be paid at the same time a structured

settlement is approved, the amount of the fee must be based on the present value of the settlement.

LR41 - PR - 095: Notices.

A. List of Notice Recipients. In each Estate, the Personal Representative shall prepare a List of Notice

Recipients (Clerk’s Certificate of Mailing).

1. The List of Notice Recipients shall include the names and addresses of all heirs, devisees,

legatees, creditors, and organizations entitled to Notice of Administration.

2. The List of Notice Recipients of Notice of Administration shall be provided to the Clerk.

B. Notices of Administration.

1. The Personal Representative shall provide to the Clerk;

A. a copy of the Notice of Administration for each person included in the List of Notice

Recipients; and,

B. a Clerk’s Certificate of Mailing.

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2. Following the issuance of the Notice of Administration, the Clerk of the Court shall execute

and file the Certificate of Mailing Notice.

C. Forms and Copies of Notice. Whenever notice by publication and / or written notice by U.S. Mail

is required to be given, the party responsible for providing notice shall prepare such notice and

submit it to the Clerk for service.

1. The notifying party shall provide the number of copies of the notice to be served sufficient

to serve all persons to be so notified.

2. The notifying party shall provide a Clerk’s Certificate of Mailing, to be executed by the

Clerk, with all notices issued by United States Mail.

3. Notice shall issue by the Clerk as provided by Indiana Code or Indiana Trial Rules.

4. The form of the notice provided shall comply with all statutory requirements. It is the

notifying party’s responsibility to adequately document perfection of notice prior to

seeking Court action on any matter.

D. Notice of Hearings. If a hearing is scheduled on a particular matter, for which notice is statutorily

required, a copy of the relevant petition or motion shall be served with the notice of hearing. In a

hearing on an account in an Estate or Guardianship, a copy of the account must be served with the

notice of hearing.

LR41 - PR - 096: Sale or Transfer of Real Property.

A. Documentation of Value. In all Supervised Estates and Guardianships in which real property is to

be sold, a written appraisal or market analysis by a qualified real estate professional shall be filed

with the Petition for Sale, unless such document was previously filed with the Inventory. Such

written appraisal or market analysis shall include, at a minimum, the following information:

1. a brief description of the property interest being appraised or valued, including the full

legal description thereof;

2. purpose or objective of the appraisal or valuation;

3. date for which Fair Market Value is determined;

4. if valuation is established through the comparable method of valuation, identification of

the comparable sales used to value the subject property as well as identification of all

adjustments made to the comparable sale to determine the fair market value of the subject

property;

5. if valuation is established through another method of valuation, all data and reasoning that

supports the Fair Market Value;

6. the Fair Market Value determined;

7. a statement of assumption and special or limiting conditions;

8. the qualification and background of the real estate professional;

9. certification of disinterest in the real property;

10. signature of appraiser / analyst.

B. Limitations Period for Valuation. The appraisal or market analysis shall be made within one (1)

year of the date of the Petition for Sale.

C. Deeds. All deeds submitted to the Court for approval, shall be signed by the Fiduciary and the

signature notarized prior to its submission.

1. All such deeds shall be submitted with either the Petition to Sell Real Estate or the Report

of Sale of Real Estate or at the time of the hearing on the Final Account.

2. Whenever a Final Decree reflects that real estate is vesting in the heirs or beneficiaries of

the Estate, the Decree shall be recorded with the County Recorder of the County where any

such real Estate is located, and evidence of said recording shall be pr ovided to the Court

with the Supplemental Report.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 28 of 45

LR41 - PR - 097: Sale of Personal Property.

A. Documentation of Value. In all Supervised Estates and Guardianships in which personal property

is to be sold, a written basis for valuation shall be filed with the Court with the Petition for Sale,

unless such document was previously filed with the Inventory. The written basis for valuation shall

include the following information:

1. brief description of the property to be sold;

2. the date and basis of valuation;

3. the qualifications of the person providing the valuation or the authoritative nature of the

source from which the valuation was obtained, including authoritative sources accessed by

electronic media;

4. factors which would affect the value of the subject property.

B. Limitations Period for Valuation. Written basis for valuation shall be made within one (1) year of

the date of the Petition for Sale.

C. Written Valuation Not Required. No written valuation shall be required for the sale of assets which

are publicly traded or sold at public auction.

LR41 - PR - 098: Supplemental Report.

A supplemental report filed pursuant to the Indiana Code, the Indiana Trial Rules, or Court Order shall be

filed within ninety (90) days after entry of the Order Approving Account. If any supplemental report

cannot be filed in a timely manner, the Fiduciary shall file a written explanation.

LR41 - PR - 099: Trusts.

A. Any Petition to Docket Trust shall be served upon the Trustee.

B. The Trustee shall promptly file with the Court written notice of the name and address of each

beneficiary known to the Trustee.

C. All additional pleadings and any notice of hearing shall be served upon all beneficiaries of the

trust, whether the nature of the interest is present, future, vested, or contingent.

LR41 - PR - 100: Unsupervised Administration.

A. Tax Documentation. Proof of payment of all required federal and state taxes shall be attached to

the Closing Statement. Such proof shall be documented by either the Federal Estate Tax Closing

Letter and the Indiana Inheritance Tax Closing Letter (or the counter-signed rece ipt) or

photocopies thereof.

B. Conversion to Supervised Administration. In an Unsupervised Estate, if the jurisdiction of the

Court is invoked for any matter other than the judicial functions which are standard for

unsupervised administration (i.e., opening the Estate, determining any inheritance tax due, and

accepting the Closing Statement), the administration shall become a Supervised administration for

all purposes. In that event, the Fiduciary and attorney shall give notice of such administration to

all heirs, legatees, devisees, and other interested persons.

LR41 - PR - 101: Wrongful Death Estates.

A. Court Approval of Settlements Required. All proposed wrongful death settlements must be

approved by the Court, regardless of the type of estate administration.

B. Administration Longer than One Year. If an Estate remains open in excess of one (1) year, the

Personal Representative shall file a status report as to any wrongful death claims.

1. If an action to prosecute a civil wrongful death action is pending, the report shall show the

case number, the Court in which the action is pending and the date of any current settings

of the case.

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2. A report shall be filed annually thereafter, on the anniversary date of the Personal

Representative’s appointment, until the Estate is closed.

C. Petition Approving Distribution. When a judgment has been paid or a petition for approval of

settlement is filed in any Estate, a petition for approval of distribution shall be filed indicating the

proposed distribution in accordance with the Indiana Code.

1. Such petition must set out the proposed distribution to the appropriate statutory damage

distributees, such as:

a. expenses of administration;

b. providers of funeral and burial expenses;

c. providers of medical expenses in connection with last illness of Decedent;

d. surviving spouse;

e. dependent children;

f. dependent next of kin (if there is no surviving spouse or dependent children).

2. A proposed order shall be presented to the Court, ordering distribution in accordance with

the Indiana Code and requiring the filing of a supplemental report of distribution of the

wrongful death proceeds.

APPENDIX I

FEE SCHEDULE (2005)

I. Attorney’s Fees.

A. Administration. Gross Estate services are considered to normally include: Opening of the

Estate, qualifying the Personal Representative, preparing and filing the Inventory, paying

claims, collecting assets, preparing and filing non-extraordinary petitions, preparing and

filing the Inheritance Tax Schedule, obtaining the Court Order thereon and paying the

taxes, preparing and filing the Final Report and schedules, obtaining Order approving

same, distributing assets, obtaining discharge of the Personal Representative, and preparing

and serving all notices on interested parties and readily ascertainable creditors throughout

the proceedings.

This list shall not be considered to be exclusive:

Gross Estate Value Maximum Fee Percentage

Up to $100,000.00 6%

Next $200,000.00 4%

Next $700,000.00 3%

Excess over $1,000,000.00 1%

B. Miscellaneous. Other Non-Probate: Probate Will only: Small Estate settlement procedure:

Inheritance Tax Schedule: Federal Estate Tax Return: etc. may be addressed on an hourly

basis if not included in I above by considering the time involved, service rendered,

attorney’s expertise and other considerations as set forth by the Code of Professional

Conduct.

C. Wrongful Death Administration.

Work Performed: Maximum Fee Percentage:

Settlement prior to filing 25%

Settlement after filing but before trial 33 1/3%

Trial 40%

Appeal, or extra work 50%

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 30 of 45

D. General. Unless the entire Estate is handled on an hourly basis, fees will be paid for hourly

services only as set forth above or approved by the Court.

E. Unsupervised Estates. Due to the general lack of judicial involvement therein, the Court

will not rule on fee requests or order fee awards in Unsupervised Estates.

II. Personal Representative’s Fees

A. Professional Personal Representatives.

1. A professional Personal Representative is hereby defined as a person or corporation

which regularly acts as a Personal Representative and has expertise in such matters.

2. A professional Personal Representative’s applicable reasonable rate will be

reviewed in light of all prevailing circumstances.

B. Non-Professional Personal Representatives. Fees for non-professional Personal

Representatives shall normally be within the range from one-half (2) of attorney fees not

to exceed the maximum attorney’s fees allowed under this schedule.

C. Attorneys as Personal Representatives. When the attorney also serves as the Personal

Representative, an additional amount not in excess of one-third (1/3) of the attorney may

be allowed, provided:

a. additional services have been performed which are normally done by the Personal

Representative; and

b. the assets of the Estate warrant the allowance of additional fees.

III. Limitation on Fees.

In all instances, the combined total of the fees allowed to the Personal Representative and attorney for the

administration of an Estate should not exceed twelve percent (12%) of the Decedent’s gross Estate.

NOTE: THIS FEE SCHEDULE IS ONLY A GUIDELINE AND WILL BE

CONSIDERED UNLESS THERE IS EVIDENCE PRESENTED TO

CONVINCE THE COURT TO DEVIATE FROM THE FEE SCHEDULE.

RULES FOR FILING OF PLEADINGS

LR41 - TR - 102: Courthouse Mail.

A. Courthouse Mail Established. There is established a Courthouse Mail System for the Johnson County

Circuit and Superior Courts, which is maintained by the Clerk of Courts.

B. Box Assignment. Subject to availability, attorneys having their principal place of business in Johnson

County may have assigned to them a specific mail box in the Clerk’s Office.

C. Service by Delivery. Delivery of a pleading or notice to an attorney’s Courthouse mailbox constitutes

service pursuant to the provisions of Indiana Trial Rule 5(B)(1)(d).

LR41 - TR - 103: Certification of Compliance with Indiana Trial Rule 5(G) and Access to Court Records

Rules

A. Certification of Compliance Required. All pleadings filed by a party shall contain a verification certifying

that the pleading complies with the filing requirements of Indiana Trial Rule 5(G) applicable to

information excluded from public access under Access to Court Records Rules.

B. Content of Certification. A certification in substantially the following language shall be sufficient: I / we

hereby certify that the foregoing document complies with the requirements of Trial Rule 5(G) with regard

to information excluded from the public record by Access to Court Records Rules.

LR41 - TR - 104: Nonconforming Pleadings.

A. Nonconforming Pleadings Impounded. Any pleading filed by a party which does not comply with Trial

Rule 5(G) and Access to Court Records Rules will be deemed filed with the Court but is subject to being

impounded by the Court.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 31 of 45

B. Time for Amendment. If a pleading is impounded, the Court will order the filing party to amend the

pleading to conform with Trial Rule 5(G) by a date certain.

C. Time for Responsive Pleadings Extended. Subject to the filing of an amendment of the impounded

pleading, the time of filing for any pleading responsive to the nonconforming pleading shall be extended

for an equal period.

D. Striking of Nonconforming Pleading. Failure of a party to amend any impounded pleading may result in

the pleading being stricken.

COURTHOUSE SECURITY RULES

In keeping with the judicial responsibility to manage the operation of the Johnson Circuit and Superior Courts,

with due concern for the safety and security of the members of the public and court personnel who are regularly

present within the Johnson Count y Courthouse, Johnson County Courthouse Annex North, and the Juvenile

Detention Center, the following local rules regarding security are hereby established.

LR41 - AD - 105: Weapons.

A. In coordination with relevant local ordinance, weapons, including but not limited to guns and knives, may

not be brought into any building in which proceedings of the Johnson Circuit and Superior Courts are

regularly held.

B. Law enforcement officers, including authorized agents of the Prosecuting Attorney, who are so identified,

are exempted from this rule; providing that in the Juvenile Detention Center, law enforcement officers

may be requested to store their weapons in the secure storage area provided for the same.

LR41 - AD - 106: Security Cameras.

A. Installation. Each Judge may, in keeping with professional judicial standards, individually authorize the

placement of surveillance cameras, by such vendor as may be selected by the Johnson County Sheriff,

within the buildings in which proceedings of the Johnson Circuit and Superior Courts are regularly held.

B. Recordings. No audio recordings shall be made from the security cameras installed pursuant to the

authority granted above. Only public areas within which there is no expectation of privacy shall be visible

from such cameras.

C. Ownership. Such cameras, recordings made therefrom, and all accessories thereto shall remain the

property of the Johnson Circuit and Superior Courts.

D. Monitoring. Monitoring of the broadcast from the surveillance cameras shall be conducted by the Courts'

designated agents.

E. Retention. Recordings made from the surveillance cameras shall be retained for such period as designated

within the discretion of the Courts.

F. Use of Recordings. No recordings made from these surveillance cameras shall be used for any purpose

without notice to and advance written permission from a judicial officer.

LR41 - AD - 107: Non-judicial Use of Courtrooms.

Use of any courtroom, jury room, or hearing room for ceremonial, meeting, or other non-judicial purpose shall

be permitted only with the advance permission of the presiding Judicial Officer.

ALCOHOL AND DRUG SERVICES PROGRAM RULES

LR41 - AD - 108: Program Implementation.

Pursuant to Ind. Code 12-7-2-12, Johnson County has established a program entitled the Johnson County Alcohol

and Drug Services Program, and the same has been approved to continue operating pursuant to Johnson County

Ordinance No. 2001-6 as recorded in the Ordinances of Johnson County.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 32 of 45

LR41 - AD - 109: Payment of Fee Required.

For the continued operation of said program, and pursuant to Title 12 of the Indiana Code, it is mandatory that

each person referred to the program from the courts of Johnson County and any other county pay a fee for said

services.

LR41 - AD - 110: Fees.

A fee of $300.00 is ordered to be paid by all participants.

CIVIL MOTIONS PRACTICE RULES

LR41-AR-111: Applicability and Citation of Rules.

A. Scope. The following rules shall apply to all cases filed on the plenary dockets in the Johnson Circuit and

Superior Courts, and shall not apply to Small Claim, Juvenile, Criminal, or Domestic Relations cases.

B. Citation. These rules may be cited as LR41-____________.

LR41-TR-112: Leave to Withdraw Appearance.

A. Motion to Withdraw. All withdrawals of an appearance must be made in the form of a motion filed with

the Court.

B. Form of Motion. Motions for leave to withdraw appearance must indicate the client’s current mailing

address in the Certificate of Service and Proposed Order.

C. Client Notification. An attorney must give the attorney’s client ten (10) days written notice of the

attorney’s intention to withdraw unless:

1. another attorney has filed an appearance for the same party; or

2. the withdrawing attorney indicates in the motion that he or she has been terminated by the client.

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

D. Contents of Client Letter.

1. The letter of withdrawal shall explain to the client that failure to secure the assistance of new

counsel may result in dismissal of the client’s case or a default judgment may be entered against

the client, whichever is appropriate.

2. The letter of withdrawal shall clearly indicate any pending motions, response dates, hearing dates,

scheduling orders, or trial dates.

LR41-TR-113: Summons

A. Form of Summons. In addition to the information required under Trial Rule 4(c), the form of the Summons

must include the following information:

(1) The Answer or response of the Defending or Responding Party must be in writing, signed by the

party, and filed with the Court within the time period allowed for a response.

(2) The response must dispute the allegations of the Complaint or Petition by including the Defending

or Responding Party’s response(s) or defense(s) to each claim contained within the Plaintiff’s or

Moving Party’s Complaint in short and plain terms.

(3) If a response is required and does not deny the allegations of the Complaint or Petition, the

allegations in the Complaint are deemed admitted, and the moving party will be entitled to the

relief requested.

(4) Responses are not required in Domestic Relations cases.

B. Material Submitted with Summons. At the time of submission of the Summons, the party shall also submit

such material to assist the Clerk in causing service to be affected, along with a stamped, return envelope

to the Clerk for the return of service. If service by certified mail, registered mail, express mail, or via third-party commercial carrier is requested, the party shall submit any forms or materials required by the United

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 33 of 45

States Postal Service or the Clerk’s third-party commercial carrier. If service is requested by the Johnson

County Sheriff, the party shall submit the fee(s) required. If service is required by a Sheriff from another

County, the party shall submit an envelope addressed to the sheriff along with all such fees required for

service by the sheriff.

LR41-TR-114: General Provisions Regarding Filing of Pleadings, Motions, and Other Papers.

A. Appearance & Signature Required for Filing. No pleading, motion, or other paper specified in Indiana

Trial Rule 5 will be accepted for filing unless such pleading, motion, or other paper has been signed in

accordance with Indiana Trial Rule 11 by the attorney of record or a self-represented party except at

discretion of the Court. If it is later discovered that a nonconforming pleading or motion has inadvertently

been filed, the pleading, motion, or paper may be stricken from the record.

B. Supporting Briefs & Memoranda.

1. If a party desires to file a brief or memorandum in support of a motion, such brief or memorandum

must be filed with the motion.

2. A supporting brief or memorandum shall be filed with all motions filed under Trial Rules 12 and

Trial Rule 56.

3. Unless accompanied by a Motion for Leave to File a Brief in Excess of Page Limits, Memoranda

in support of or in opposition to motions filed under Trial 12 or Trial Rule 56 shall not exceed

fifteen (15) pages in length and any reply or surreply briefs thereon shall not exceed eight (8) pages

in length.

C. Responses & Memoranda.

1. Responses shall be filed within ten (10) days following the date the motion was filed.

2. Unless otherwise ordered, responses and supporting memoranda to motions filed under Trial Rule

12 and Trial Rule 56 shall be filed thirty (30) days following the date the motion was filed.

3. The Court may consider those Motions identified in paragraph (E) without a response.

D. Replies. Replies are only permitted pursuant to advance Court approval. Petition to file the reply,

accompanied by the tendered proposed reply, must be filed within seven (7) days of the response.

E. Motions Subject to Consideration Without Response. The Court may consider motions of routine and

procedural nature without necessity of a response. Such motions include those for enlargement of time,

for continuance, to withdraw appearance, to dismiss or to withdraw motion by the moving party, for entry

of an Order setting hearing, amend pleadings, compel discovery, for default judgment, and other matters

of a routine, non-adversarial nature without necessity of a response.

F. Hearing. Except as provided by rule or statute, motions will be subject to consideration by the Court

without hearing. A praecipe for hearing shall be included in a separate rhetorical paragraph within the

motion or shall be filed in a separate written motion no later than five (5) days after the response.

G. Tender of Proposed Orders.

1. All motions seeking an order of the Court shall be accompanied by proposed orders.

2. The party shall also submit stamped, addressed envelopes addressed to all parties, agencies, and

third parties involved in the case.

3. Proposed Orders shall include a full distribution list of attorneys, parties, agencies, and third parties

involved in the case, including names and addresses, to whom the orders should be sent.

4. Failure to comply with these procedures may delay official processing of proposed orders.

H. Proposed Orders in Contested Hearing.

1. Unless the Court establishes a different period of time, each party in a contested hearing shall

submit proposed Orders to the Court for consideration within ten (10) days of the close of evidence

in any contested hearing or trial.

2. The Orders shall be provided in both paper and modifiable electronic format.

I. Preparation of Orders. If the Court assigns the preparation of an Order to a party, the party shall prepare

and submit the proposed Order to the Court within ten (10) days of the date on which the Court assigns

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 34 of 45

preparation of the Order, unless the Court establishes a different period of time. The party shall submit a

copy of the proposed Order to an opposing party for review prior to submission to the Court and include

a certification to the Court that a copy has been provided to an opposing party.

J. Providing Digital Copies to Court.

1. This provision applies only to proposed order and / or other documents required by these rules to

be provided to the Court in electronic format.

2. Proposed orders in modifiable electronic format shall be provided the Court’s specific Proposed

Order electronic mail address.

3. For the purposes of providing digital copies to the Court, a party may contact the Court for the

preferred electronic mail address.

4. Messages sent to the staff address do not satisfy this requirement.

K. Identifying Submission.

1. Electronic mail messages providing proposed orders through the Court’s specific Proposed Order

electronic mail address shall include the Case Name and Case Number in the Subject Line.

2. Electronic mail messages related to filings made within five (5) days of a hearing shall include the

hearing date and time in the Subject Line and the Case Name and Number in the body of the

message.

LR41-TR-115: Special Provisions Regarding Filing of Pleadings, Motions, and Other Papers.

A. Special Judge. When a special judge is selected, a copy of all pending pleadings, motions, and other papers

must be e-mailed or delivered to the office of the special judge by the party who sought the change of

venue from the judge. The copies shall be provided with a certificate of forwarding attached, a copy of

which shall be made a part of the case file. Any proposed o rders must be forwarded to the special judge

as well.

B. Filing by Mail. When pleadings, motions, or other papers are filed via mail or third-party commercial

carrier, the filing attorney or party must include a self-addressed, stamped envelope for the return of file-stamped documents to the attorney or party. Unless an addressed envelope is provided, file-stamped copies

will not returned by any method other than Courthouse Mail.

C. Filing by Facsimile Transmission. Pleadings, motions, or other papers may not be filed by facsimile

transmission.

D. Case Numbers. Except for the initial pleading (Complaint, etc.), no pleading or motion should be filed

unless it has a Case Number placed prominently on the face thereof.

E. Documents Filed Which Affect Hearings. Any document filed pursuant to Indiana Trial Rule 5(F)(3)

within five (5) days of a scheduled hearing which is relevant to, pertains to, or involves the subject matter

of the hearing should also be provided to the Co urt through electronic mail, as set forth above in LR41 -

TR5-114(J).

LR41-TR- 116: Filings Requiring Immediate Action.

If a motion, pleading, or paper requires immediate action, the moving party shall bring the emergency nature of

the filing to the Court’s attention. The mere inclusion of the word “Emergency” in the caption is insufficient.

LR41-TR-117: General Rules for the Format of Pleadings, Motions, & Other Papers.

A. Paper Size, Line Spacing, and Margins. All pleadings, motions, and other papers filed with the Court by

attorneys shall follow the format requirements of Indiana Appellate Rule 43(B) - (G).

B. Citation. Citations to cases, statutes, or other authority should follow that provided in Indiana Appellate

Rule 22 and the Uniform System of Citation (Bluebook) and should provide specific pinpoint page

citations.

C. Non-Conforming Pleadings. Pleadings, motions, and other papers that do not comply with the foregoing

provisions may either be accepted by the Court or returned to the filing party for compliance.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 35 of 45

LR41-TR-118: Special Rules for the Format of Pleadings with Special Judge Presiding.

If the case is before a special judge, all pleadings, motions, and other papers shall contain the following to the

right of the case title: “BEFORE SPECIAL JUDGE ____________.”

LR41-TR-119: Assigning Cases for Trial.

A. A case shall be assigned for trial and placed upon the trial calendar by the Court upon written request of

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

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

2. contain a good-faith estimate of the time needed for the trial or hearing;

3. state when it is expected that all parties will be prepared for trial; and

4. reasonably anticipated dates on which the attorney or party is not available.

B. In all cases in which trial is expected to exceed one (1) day, the Court will first conduct a scheduling

conference and conference under Trial Rule 16 prior to setting a case for trial.

LR41-TR-120: Settlement and Removing the Case from the Docket.

Counsel for the parties shall be responsible for notifying the appropriate Court immediately upon settlement of a

case so that the docket can be cleared and a new case set therein. The appropriate agreed entry, agreed judgment,

or motion to dismiss shall be filed.

LR41-TR-121: General Requirements for Motions for a Continuance.

A. Scheduling Conflicts. When counsel for a party requests a continuance because he or she has a conflicting

trial scheduled in another court, the motion for a continuance must be filed within twenty-one (21) days

after the case in this Court is set for trial or hearing. The motion must also state the name and case number

of the other case, as well as the date that the other court set the conflicting case for trial. Failure to timely

file may result in a denial of the motion for a continuance.

B. Time. With the exception of an emergency, a motion for a continuance must be filed:

1. at least seven (7) days before the court trial or hearing to which the motion pertains, or

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

3. as controlled by a pretrial conference order.

C. Information in Motion. Motions for a continuance shall contain the following information:

1. The date and time of the hearing or trial for which a continuance is being sought;

2. The reason for the continuance;

3. A good-faith estimate of the time needed for such hearing or trial when rescheduled;

4. The date and time the opposing counsel or opposing party was notified that the party would be

seeking a continuance;

5. Whether opposing counsel or opposing party agrees with or objects to the request; and

6. Proposed date(s)s and time(s) on which the parties would be available for the rescheduled hearing

or trial

D. Resetting Hearings and Trials -- Civil Plenary (PL) and Civil Torts (CT) Cases. In Civil Plenary and Civil

Torts (CT / PL) cases, for the purpose of determining a date on which a rescheduled hearing or trial may

be reset, the moving party shall contact the assistant court reporter who is responsible for the specific case

type and shall determine dates and times on which the Court is available to hear the matter. The party shall

then determine the availability of the opposing party or parties.

E. Scope. These provisions of this rule apply regardless of whether the parties are self-represented or are

represented by counsel.

LR41-TR-122. Notice at Time of Filing Motion for Summary Judgment in Civil Collection Cases.

In all Civil Collection (CC) cases, the moving party shall submit a Notice to the opposing party at the time of

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 36 of 45

filing of a Motion for Summary Judgment against a self-represented party.

LR41-TR-123. Transfer or Consolidation of Cases.

Aside from those matters which are transferred or consolidated under the Family Court Rules, requests to transfer

cases to the Johnson Circuit or Superior Court shall be made in writing, accompanied by written order for the

signature of the forwarding Court. No transfer or consolidation shall be approved unless such order is consented

to in writing by the Judge of the receiving Court.

LR41-TR-124: Costs for Obtaining Copies of any Pleading, Order, or Recording.

A. Pleadings and Orders. On the request of any person, the Clerk of the Court shall make copies of any non-confidential pleading or order at the expense of the person making the request, pursuant to the Clerk’s fee

schedule. Only parties are entitled to copies of papers or cases deemed Not for Public Access or

Confidential.

B. Recordings. Audio recordings of hearings are not subject to release.

C. Payment in Advance. All copy costs shall be paid in advance or at the time of receipt of the copied papers.

LR41-TR-125: Removal of Original Pleadings, Papers, and Records.

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

the Court except upon the order of the judge of the Court.

LR41-TR-126. Repleading upon Transfer of Small Claims Cases to Plenary Docket.

A. Issues. A Small Claim case which comes to the Johnson Circuit Court or Johnson Superior Courts from

the Magistrate Court through transfer to the plenary docket shall be repled in its entirety by the filing a

new Complaint and Answer(s) or responsive pleading in compliance with the Indiana Rules of Trial

Procedure.

1. The new Complaint shall be filed within twenty (20) days of the date the case is docketed and filed

in the Johnson Circuit Court or Johnson Superior Courts or as otherwise ordered by the Court.

2. Failure to comply with this Rule may result in the Court not setting the case for trial until the case

is repled or imposing sanctions which may include dismissal.

3. At the time of filing the repled Complaint, the Plaintiff shall also file a Summons. The Summons

and repled Complaint shall be served on the opposing party as required by law.

B. Answer or Responsive Pleadings. The opposing party must file an Answer or responsive pleading to the

repled Complaint as provided by the Indiana Rules of Trial Procedure.

C. Procedure and Evidence. Once transferred to the plenary docket of the Circuit or Superior Courts, the rules

and informal procedures of Small Claims cases are no longer applicable to the matter. For that reason, any

pleadings, motions, or other procedural matters which are filed after the new Complaint is filed will be

governed by the Indiana Rules of Trial Procedure and the Indiana Rules of Evidence.

LR41-TR-TR-127: Responsibilities of Self-Represented Litigants.

A. Choice to Represent Yourself. Any person may choose to represent herself or himself in any civil case

pending in the Johnson Circuit and Superior Courts. Such persons are known as “Self-represented

Litigants.”

B. Standards to Which You Will Be Held. Self-represented Litigants must present their case using the same

procedural rules as do attorneys.

1. The Court cannot treat Self-represented Litigants differently than those represented by an attorney.

2. The Court and its staff cannot assist Self-represented Litigants in a way that would put the other

party / parties at a disadvantage. The Court cannot talk to any litigants about the case without the

other party being present.

3. The Court cannot teach Self-Represented Litigants the Indiana Rules of Evidence or the Indiana

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 37 of 45

Rules of Trial Procedure because that would put the other party at a disadvantage.

4. Self-represented Litigants must follow the rules of evidence and trial procedure in the presentation

of their claims and / or defenses and will generally be held to the same standards as are attorneys.

5. Self-represented Litigants must provide notice about all court hearings to all other parties.

6. Self-represented Litigants must provide copies of all papers or documents filed in the case to all

other parties.

7. Self-represented Litigants are responsible for making certain that any witnesses they want to testify

are notified of their hearing.

C. Correspondence to the Court.

1. Any letter filed with the Court must: contain the parties’ names, the name of the court where the

case is filed, and the case number on it.

2. You must provide a copy of any letter you file to the Court to all the other parties in the case.

3. In some circumstances, the Court cannot take action based upon a letter from a litigant.

D. Role of the Court.

1. The Court’s job is to consider the testimony and evidence presented during any hearings to

determine the facts of the case from any such testimony and evidence, and then to apply the law

to those facts.

2. The Court may only consider testimony and evidence that is submitted and actually admitted into

evidence according to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure.

ADDITIONAL RULES

LR41-TR-128. Scope of Local Rules of the Johnson Circuit and Superior Courts.

Unless otherwise noted by a specific provision, and absent specific court order, these rules apply to proceedings

originating in or transferred to the Johnson Circuit and Superior Courts.

LR41- CR- 129. Priority of Fee Payment.

A. Criminal Cases.

1. Pre-trial Diversion. In the absence of specific court order, the fees and costs ordered in Criminal

Cases when an Agreement to Withhold Prosecution has been filed shall be collected and / or the

payments applied in the following order of priority.

a. Pre-Trial Diversion fee (I.C. 33-37-4-1 and 33-37-5-17)

b. Alcohol and Drug Service fee (33-37-5-8)

2. In the absence of specific court order, the fees and costs ordered in Criminal Cases following

conviction shall be collected and / or the payments applied in the following order of priority.

a. Probation Administrative fee

b. Probation User fee

c. Alcohol and Drug Service fee (I.C. 33-37-5-8)

d. Supplemental Public Defender Fee or Public Defender Reimbursement (I.C. 35-33-7-6)

e. Court Costs (I.C. 33-37-4-1)

f. Restitution (I.C. 35-50-5-3)

g. Safe School fee (I.C. 33-37-5-18)

h. Child Abuse Prevention fee (I.C. 33-37-5-12)

I. Drug Interdiction fee (I.C. 33-37-5-9)

j. Alcohol Countermeasures fee (I.C. 33-37-5-10)

k. Domestic Violence fee (I.C. 33-37-5-13)

3. In the event that these specific fees, or any other court ordered fees, are not paid, the Court may

enter judgment against the individual and may seek appropriate steps to collect the judgment owed.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 38 of 45

B. Juvenile Cases.

1. In the absence of specific court order, the fees and costs ordered in Juvenile Cases following

adjudication shall be collected and / or the payments applied in the following order of priority.

a. Supplemental Public Defender Fee

b. Probation Administrative Fee

c. Probation User Fee

d. Community Corrections Programming Fees

e. Alcohol and Drug Service Fee

f. Restitution

g. Public Defenders Fee

h. Juvenile Detention Fees / Costs

I. Court Costs

2. In the event that these specific fees, or any other court ordered fees, are not paid, the Court may

enter judgment against the individual, or the parent or guardian of a juvenile, and may seek

appropriate steps to collect the judgment owed.

LR41-AR-130. Evidence Handling, Retention and Destruction.

A. Preamble.

1. The retention and maintenance of exhibits shall proceed pursuant to these rules, unless the Court

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

2. These procedures will become effective immediately and will be applied to any cases previously

disposed which meet the criteria set forth fully below.

B. Provisions Applicable to All Cases.

1. The Court Reporter will photograph as many non-documentary or oversized exhibits as practical.

2. All Child Support Obligation Worksheets and Financial Declarations admitted into evidence shall

be permanently archived with the case file.

3. After the lapse of time described below, the Court Reporter may dispose of the exhibits (i.e.,

diagrams, models, depositions, and documents) and / or trial material without further notice to the

parties.

4. The Court Reporter shall retain the mechanical or electronic records or tapes, shorthand,

stenographic, or electronic notes as provided in Indiana Administrative Rule 7.

5. The Court Reporter should maintain a log of retained evidence and scheduled disposition date and

evidence should be held in a secure area.

6. Parties and Counsel are reminded of the requirements of Appellate Rule 29(B).

Non-documentary and Oversized Exhibits. Non-documentary and oversized exhibits shall not

be sent to the Appellate level Court, but shall remain in the custody of the trial court or

Administrative Agency during the appeal. Such exhibits shall be briefly ide ntified in the

Transcript where they were admitted into evidence. Photographs of any exhibit may be included

in the volume of documentary exhibits. Under no circumstances should drugs, currency, or

other dangerous or valuable items be included in appellate records.

7. At the time of removal, the party shall present a signed receipt to the Court Reporter, which shall

be filed in the case.

8. If the exhibits are not removed within the time frame outlined fully below, the Court Reporter may

dispose of the exhibits without notice.

C. Civil Cases.

1. No Appeal. All exhibits, including, but not limited to models, diagrams, documents, depositions,

or other material admitted into evidence or pertaining to the case as exhibits shall be removed by

the party offering them in evidence, except as otherwise ordered by the Court, 121 days after entry

of a final, appealable order, unless an appeal is taken.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 39 of 45

2. Following Appeal. If an appeal is taken, original exhibits shall be removed by the party offering

them no less than 121 days after all appellate procedural options are resolved.

D. Post-Conviction Relief, Criminal Misdemeanors, Level 6 Felonies

1. No Appeal. All exhibits, including, but not limited to models, diagrams, documents, depositions,

or other material admitted into evidence or pertaining to the case as exhibits shall be removed by

the party offering them in evidence, except as otherwise or dered by the Court two (2) years after

the entry of a final, appealable order, unless an appeal is taken.

2. Following Appeal. If an appeal is taken, all such exhibits shall be retained by the court reporter for

one (1) year from termination of the appeal, retrial, or subsequent appeal and termination,

whichever is later, unless an action challenging the convict ion or sentence, or post-conviction

action, is pending. If exhibits are not removed, the Court Reporter may dispose of all exhibits

without notice.

E. All Other Felonies and Murder.

1. No Appeal. All exhibits, including, but not limited to models, diagrams, documents, depositions,

or other material admitted into evidence or pertaining to the case as exhibits shall be removed by

the party offering them in evidence shall be removed by the parties offering them in evidence,

except as otherwise ordered by the Court, five (5) years after the case is dismissed, the defendant

found not guilty, or the defendant is sentenced, unless an appeal is taken.

2. Following Appeal. If an appeal is taken, all such exhibits shall be retained by the court reporter for

five (5) years from termination of the appeal, retrial, or subsequent appeal and termination,

whichever is later, unless an action challenging the convi ction or sentence, or post-conviction

action, is pending.

F. Biologically Contaminated Evidence.

1. A party who intends to offer biologically contaminated evidence must file a pretrial notice with

the trial court and serve all the parties so that the Court can consider the issue and rule appropriately

before trial.

2. A party can show contaminated evidence or pass photographs of it to jurors, but no such evidence,

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

ordered by the Court.

TAX SALE RULES

LR41 - TR- 131. Tax Sale Appearance.

A. Additional Information. In addition to the information required by Indiana Trial Rule 3.1, each person

seeking any relief regarding property sold at a tax sale shall provide the following information on the

subject parcel: 1) parcel number; 2) tax sale certificate number; and, 3) street address or brief description

of the parcel’s location.

LR41 - AR - 132. Title Search Required.

A. Title Search Required. Pursuant to Indiana Code 6-1.1-25-2(e), any person who has purchased property

at a Johnson County Tax Sale must obtain a title search from a title company authorized to do business in

Indiana no later than one hundred eighty (180) days after the sale.

B. Copy Provided to the Court. A petition for tax deed must be accompanied by a copy of the Title Search.

LR41 - AR - 133. Provision of Documents to County Attorney.

A copy of any motion, objection, or petition filed to pursue interests in land arising from a tax sale or the surplus

proceeds arising from a tax sale shall be provided to the Johnson County Attorney.

LR41 - AR - 134. Administrative Case Number.

A. Administrative Case Number Opened by Parcel. The Court will open a Petition for Tax Deed(TP) case

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 40 of 45

number for any proceedings regarding objections, petitions for tax deed, surplus funds, etc. requested or

conducted on a specific parcel. The Court will inform the parties of the TP case number via Official

Notice.

B. Use of Both Case Numbers. Both Tax Sale (TS) and Petition for Tax Deed (TP) case numbers must be

included in the caption of all documents filed regarding a particular parcel after the parties are informed

of the TP case number.

LR41 - AR - 135. Responsibilities of the Purchaser.

Whether represented by counsel or not, the Purchaser is solely responsible for compliance with each provision of

the Indiana Code, including all required notices to the owner(s) of record.

LATE PAYMENT FEE

LR41 - AR - 136. Late Fee.

A. Authority. This rule was adopted pursuant to Indiana Code 33-37-5-22.

B. Scope. This rule applies to all criminal (CF, CM, DR, FA, FB, FC, FD, F1, F2, F3, F4, F5, F6, and MR),

Infraction (IF), and Ordinance Violation (OV) cases filed in the Johnson Circuit and Superior Courts in

which a conviction or judgment is entered after the effective date of this rule.

C. Late Fee Amount. If all court costs, fines, or civil penalties are not paid by the date ordered, an additional

late fee of $25.00, or the maximum allowed by Indiana Law shall be imposed.

D. Time for Payment. All fine, fees, costs, and civil penalties ordered shall be paid on a timely basis, as

directed by the Court.

E. Late Fee Suspended. A Court may suspend a late payment fee if the court finds that the defendant has

demonstrated good cause for failure to make a timely payment in full.

PROBLEM SOLVING COURT RULES

LR41 - CR - 137. Problem-Solving Court Establishment.

A. Johnson County has established various problem-solving courts to provide specialized services including:

clinical assessment, education, referral for treatment, and service coordination and case management for

eligible defendants and probationers as determined by its written policies and procedures.

B. Johnson County Problem Solving Courts include: Reentry Court, Drug Court, Behavioral Health Court,

Juvenile Problem Solving Court, and Veterans Treatment Court.

C. The day-to-day operation and management of the problem-solving courts is assigned accordingly:

1. Drug Court: Circuit Court

2. Reentry Court: Superior Court No. 1

3. Behavioral Health Court: Superior Court No. 1

4. Veterans Treatment Court: Superior Court No. 3

5. Juvenile Problem Solving Court: Juvenile Court Division

D. All criminal charges shall be filled as otherwise provided in these rules. However, after a charge has

been filed, if a defendant is accepted by any of the Problem-Solving Courts, a judge may transfer the

defendant's case for services in accordance with the problem-solving court policies and procedures.

E. If a probationer is referred to and is accepted by a problem-solving court, a judge may transfer the case

and require a probationer to participate in accordance with the established policies and procedures as a

condition of probation.

F. Any of the problem-solving court teams may initiate a transfer request to transfer a participant from one

problem solving court to another program component when a determination had been made by the Team

that a participant may be more appropriate for another problem-solving court model. A transfer is

deemed approved only if both the sending and receiving problem solving courts approve the transfer

request by the issuance of a Court Order.

G. Johnson County Problem Solving Courts will abide by rules as stated in Section 26 (c) of Indiana’s

Problem-Solving Court Rules.

LR41 - CR - 138. Problem-Solving Court Specialized Fees.

The fees shall be as follows:

1. One Hundred Dollars ($100.00) felon/Fifty Dollars ($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 Fifty Dollars ($50), commencing in the second month of

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

court.

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 Indiana Code.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25) Page 41 of 45

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25). Page 42 of 45

JUDICIAL DISTRICT 17 ADMINISTRATIVE RULES & PLAN

DR17-AR03-00001 COORDINATION OF WITH COUNTY LOCAL RULES.

A. Purpose. The purpose of these rules is to coordinate motions practice in cases which may involve judicial

officers from throughout the Administrative District.

B. Scope. These rules shall govern the processes described therein and shall supersede any local rules

inconsistent therewith.

DR17-TR79-00002 APPOINTMENT OF A SPECIAL JUDGE IN CIVIL CASES.

A. Eligibility for Special Judge Service.

1. Agreement to Serve. Pursuant to Trial Rule 79(H), the full-time Judicial Officers of

Administrative District 17 shall be deemed in agreement to serve as a Special Judge.

2. Prior Service Excluded. The appointment as Special Judge shall apply unless the appointed

Judicial Officer has previously served as Judge or Special Judge in the case, is disqualified by

interest or relationship, or is excused from service as a Special Judge by the Indiana Sup reme

Court.

B. Appointment of a Special Judge. In the event of the need for the regular, sitting Judicial Officer to recuse

herself / himself from a normally assigned case, or should the appointment of a Special Judge through

agreement by the Parties pursuant to Trial Rule 79(D) fail, Special Judge appointment shall be made by

the Johnson County Court Administrator.

1. Priority Given to Local County Appointments. Special Judge appointments shall be made within

the local County, on a rotating basis. Following the appointment of the Special Judge, the Special

Judge may request that the case be transferred to the Court of the Special Judge.

2. District (Outside County) Appointments. In the event that no local Judicial Officer is available,

a Special Judge shall be appointed, on a rotating basis, from the available Judicial Officers within

the Administrative District.

C. Acceptance of Appointment.

1. Acceptance Mandatory. Pursuant to Trial Rule 79(H), a person appointed to serve as Special

Judge under these rules must accept jurisdiction in the case, unless the appointed Special Judge is

disqualified pursuant to the Code of Judicial Conduct, ineligible for service under these rules, or

excused from service by the Indiana Supreme Court.

2. Documentation. An oath or additional evidence of acceptance of jurisdiction is not required.

D. Supreme Court Certification. In the event that no Judicial Officer in the Administrative District is eligible

to serve as a Special Judge, or the regular, sitting Judicial Officer in the court in which the case is pending

sets out particular circumstances why appointment under these rules should not be made, then the regular,

sitting Judicial Officer shall certify the same to the Indiana Supreme Court for appointment of a Special

Judge.

E. Discontinuation of Special Judge Service. The provisions of T.R. 79(I) apply if a Special Judge ceases to

serve following assumption of jurisdiction.

F. Method for Assignment and Related Records. The Administrative District Executive Committee shall

approve:

1. The methodology by which the rotation of Judicial Officers for selection as Special Judge is made;

and,

2. The maintenance of any records related thereto.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25). Page 43 of 45

DR17-AR12-00003 APPOINTMENT OF A SPECIAL JUDGE IN CRIMINAL CASES.

A. Eligibility for Special Judge Service.

1. Available to Serve. Pursuant Administrative Rule 21, the Judicial Officers of Administrative

District 17 shall be deemed eligible to serve as a Special Judge.

2. Prior Service Excluded. The appointment as Special Judge shall apply unless the appointed

Judicial Officer has previously served as Judge or Special Judge in the case, is disqualified by

interest or relationship, or is excused from service as a Special Judge by the Indiana Sup reme

Court.

B. Appointment of a Special Judge. In the event of the need for the regular, sitting Judicial Officer to recuse

herself / himself from a normally assigned case, Special Judge appointment shall be made using the

following procedures:

1. Priority Given to Local County Appointments. Pursuant to Criminal Rule 2. 4 and Administrative

Rule 21, upon granting a change of judge or the disqualification or recusal of a judge in a criminal

case, post-conviction proceeding, infraction, or ordinance violation, the case must first be returned

to the local Clerk to be assigned in the same manner as the initial judge.

2. District (Outside County) Appointments. In the event that no local Judicial Officer is available,

a Special Judge shall be appointed by the Johnson County Court Administrator, on a rotating basis,

from an alternative assignment list of full-time judicial officers from contiguous counties and

counties within Administrative District 17 and senior judges. Except for those serving pursuant

to Criminal Rule 2.4(E)(6), judges previously assigned to the case are ineligible for reassignment..

C. Acceptance of Appointment.

1. Acceptance Mandatory. Pursuant to Administrative Rule 21(A), a person appointed to serve as

Special Judge under these rules must accept jurisdiction in the case, unless the appointed Special

Judge is disqualified pursuant to the Code of Judicial Conduct, ineligible for service under these

rules, or excused from service by the Indiana Supreme Court.

2. Documentation. An oath or additional evidence of acceptance of jurisdiction is not required.

D. Supreme Court Certification. In the event that no Judicial Officer in the Administrative District is eligible

to serve as a Special Judge, or the regular, sitting Judicial Officer in the court in which the case is pending

sets out particular circumstances why appointment under these rules should not be made, then the regular,

sitting Judicial Officer shall certify the same to the Indiana Supreme Court for appointment of a Special

Judge.

E. Discontinuation of Special Judge Service. The provisions of Administrative Rule 21(D) apply if a Special

Judge ceases to serve following assumption of jurisdiction.

F. Method for Assignment and Related Records. The Administrative District Executive Committee shall

approve:

1. The methodology by which the rotation of Judicial Officers for selection as Special Judge is made;

and,

2. The maintenance of any records related thereto.

DR17-AR15-00004 TRANSCRIPT RATE.

Each county within the Administrative District shall amend its local rules, pursuant to Administrative Rule 15 to

provide for a consistent rate of $8.00 per each page of a transcript prepared.

DR17-AR03-00005 ADMINISTRATIVE DISTRICT WORK.

A. History of Administrative District Work.

1. Administrative District 17 was created by modification to Administrative Rule 3, effective January

1, 2011.

2. Prior to the creation of Administrative District 17, there was little recent history of Hancock,

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25). Page 44 of 45

Johnson, and Shelby Counties working together as an Administrative District.

3. The services and programs operating in each County of the Administrative District vary greatly,

due, at least in part, to the disparity in population among the counties.

B. Future of Administrative District Work.

1. The Judiciary of each County in the Administrative District is interested in the benefits of district-level coordination and potential benefits derived therefrom.

2. The local rules of each County are being reviewed to determine where local procedures could be

made more efficient and productive.

3. The local rules of each County will be amended, pursuant to direction from the Indiana Judicial

Conference, in order to improve coordination across county lines with the Administrative District.

DR17-AR03-00006 ADMINISTRATIVE DISTRICT LEADERSHIP.

A. Executive Committee. The Administrative District Executive Committee shall serve as the governing

authority of the Administrative District.

B. Selection of Executive Committee.

1. Local County Representatives. Each County shall select a Judicial Officer to represent that

County on the Administrative District Executive Committee.

2. Term of Service.

a. Each County Representative shall serve on the Executive Committee for a term of three (3)

years and for a maximum of no more than two (2) complete terms, without a break in

service.

b. Each County Representative’s term of service shall begin on January 1 and shall continue

until her / his successor has been selected.

3. Initial Term of Service. In order to ensure that terms of service on the Executive Committee are

staggered, the initial terms of service are hereby established as follows:

a. Hancock County. The Hancock County Representative shall serve an initial term of one

(1) year, which initial term shall terminate on or about December 31, 2013. At the

discretion of the Executive Committee, the term of service for the Hancock County

Representative need not include the initial term of service.

b. Johnson County. The Johnson County Representative shall serve an initial term of two

(2) years, which initial term shall terminate on or about December 31, 2014. At the

discretion of the Executive Committee, the term of service for the Johnson County

Representative need not include the initial term of service.

c. Shelby County. The Shelby County Representative shall serve an initial term of three (3)

years, which initial term shall terminate on or about December 31, 2015.

C. Chair of the Executive Committee.

1. No later than February 1 of each year, the Members of the Executive Committee shall select one

(1) of their number to serve as the Chair.

2. The Chair shall serve a term of one (1) year, which may be renewed.

3. The Chair of the Executive Committee shall schedule and preside over the meetings of the

Executive Committee.

4. The Chair of the Executive Committee shall serve as the Representative to the Indiana Judicial

Conference Board of Directors. This provision shall initially take effect at the conclusion of the

Annual Meeting of the Indiana Judicial Conference / Board of Directors meeting on or about

September 20, 2013 and shall continue thereafter in compliance with I.C. 33-38-9-4.

D. Meetings of the Executive Committee.

1. The Executive Committee shall meet at least two (2) times each year.

2. The meetings shall occur no later than April 30 and October 30 of each year.

3. Attendance at meetings via electronic or telephonic means is acceptable.

DR17-AR03-00007 EFFECTIVE DATE.

Subject to the approval of the Indiana Supreme Court, these Administrative District Rules become effective

January 1, 2013.

Johnson County Local Rules (Codified 12/15/12; Amended Effective 1/1/25). Page 45 of 45