Ind. County Local Rule: knox-local-rules

JOINT LOCAL RULES FOR THE

KNOX COUNTY COURTS

Trial Rules

LR42-TR79-1.0 Special Judges (Civil Matters)

Criminal Rules

LR42-AR-3.9 Assignment of Criminal Cases; Special

Judges (Criminal Matters)

LR42-CR-2.1 Probable Cause Determination and

Release Following Warrantless Arrest

LR42-CR-2.2 Criminal Bond Schedule

LR42-CR-2.3 Bail and Pretrial Services

LR42-CR-2.4 Credit Bonding

LR42-CR-2.5 Criminal Discovery

LR42-CR-2.6 Secure Detention (Work Release)

Administrative Rules

LR42-AR-3.0 Court Closing

LR42-AR-3.1 Consent to Hear Cases

LR42-AR-3.2 Court Reporter Services

LR42-AR-3.3 Prohibiting Weapons

LR42-AR-3.4 Dress and Conduct

LR42-AR-3.5 Protective Orders

LR42-AR-3.6 Case Relation

LR42-AR-3.7 Court Alcohol and Drug Program Fees

LR42-AR-3.8 The Taking of Pictures, Audio, or Video

of Court Proceedings

LR42-AR-4.0 Copying of Court Proceedings

LR42-AR-4.1 Custody, Removal, and Disposal of

Original Records and Exhibits

LR42-AR-5 Local Rule Concerning Caseload

Allocation Plan

LR42-AR-6 Judicial Discretion

LR42-AR-7 Jury System Plan for the Selection of

Jurors in Knox County, Indiana

LR41-AR-9 Self- Represented Litigants

Family Law Rules

LR42-FL-1 Mediation/Alternative Dispute

Resolution

LR42-FL-2 Indiana Child Support Guidelines

(Worksheet Required)

Trial Rules

LR42-TR79-1.0 - SPECIAL JUDGES (Civil Matters)

A. APPOINTMENT OF SPECIAL JUDGE IN CIVIL CASES: If a motion for

change of judge is granted or an order of disqualification is entered in a

civil case, and a special judge is not appointed and qualified as provided

in Indiana Trial Rule 79(D), pursuant to Indiana Trial Rule 79(H), the

presiding judge shall reassign the case to another full-time judicial officer

in Knox County on a rotating basis and when, and if, that process is

exhausted, then the presiding judge shall reassign the case by selecting

the next full-time judge in sequence from the applicable counties pursuant

to the Indiana Trial Rules.

In the event no judge from the list set forth above is available for

appointment, or the particular circumstances in a case warrant selection of a

special judge by the Indiana Supreme Court, the presiding judge may

request, pursuant to Indiana Trial Rule 79(H)(3), that the Indiana Supreme

Court appoint a special judge.

Criminal Rules

LR42-AR-3.9 - ASSIGNMENT OF CRIMINAL CASES; SPECIAL JUDGES

(Criminal Matters)

This rule is adopted pursuant to Indiana Administrative Rule 21 for the

assignment of cases and selection of a Special Judge in criminal matters.

A. ASSIGNMENT OF CRIMINAL CASES:

See Knox County Caseload Allocation Plan.

B. TRANSFER OF CRIMINAL CASES:

After a criminal charge has been filed according to the rules set forth herein,

a judge may refer the defendant to a Problem Solving Court, and if accepted

by the Problem Solving Court, the Judge may transfer the defendant's case

to the Problem Solving Court for admission and disposition in accordance

with I.C. 33-23-16-13, 14 or 15 and the Problem Solving Court policies and

procedures.

C. ASSIGNMENT OF SPECIAL JUDGES:

If the judge before whom a case is pending in the Knox Circuit Court, Knox

Superior Court No. 1 or Knox Superior Court No. 2 becomes disqualified

from jurisdiction of a case pursuant to the Administrative Rules, Rules for

Post-Conviction Relief, or the Code of Judicial Conduct, then the presiding

judge shall reassign the case to the another full-time judicial officer in Knox

County on a rotating basis and when, and if, that process is exhausted, then

the presiding judge shall reassign the case by selecting the next full-time

judge in sequence from the list of from the applicable counties pursuant to

the Indiana Administrative Rules.

In the event a judge is ineligible for assignment from the list or the particular

circumstances of the case warrant selection of a special judge by the

Indiana Supreme Court, the presiding judge shall certify the case to the

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

Administrative Rule 21(B).

LR42-CR-2.1 - PROBABLE CAUSE DETERMINATION AND RELEASE

FOLLOWING WARRANTLESS ARREST

No person shall be detained in the Knox County Jail following a warrantless

arrest for more than forty-eight (48) hours without a determination of probable cause

and the establishment of a bond by a Knox County Judge or Judge Pro Tempore. If no

such determinations have been made within the time period established above, the

Sheriff of Knox County shall release the detained person on his/her own recognizance.

Provided, however, no person preliminarily charged with Murder shall be released by

the Sheriff under the provisions of this paragraph without the approval of a Knox County

Judge or Judge Pro Tempore.

Prior to release of the detained person, said person shall execute and deliver to

the Sheriff a form providing the following information:

1. The person’s full name.

2. Age.

3. Date of birth.

4. Social Security Number.

5. Correct mailing address.

6. Correct residential address.

The Knox County Sheriff shall provide the above information to the Knox County

Prosecutor, and the Knox County Courts. Further, if requested by the Courts, the Knox

County Sheriff shall provide, at the time of the detained person’s release, information to

the detained person concerning the date and time of said person’s appearance at Court.

LR42-CR-2.2 - CRIMINAL BOND SCHEDULE

Hereafter, until further Order of Knox County Courts, the amounts to which

persons charged by indictment or information in the Knox Circuit Court, the Knox

Superior Court 1 or the Knox Superior Court No. 2 with a crime shall be held to bail shall

be as follows:

Level 1 Felony $75,000

Level 2 Felony $50,000

Level 3 Felony $25,000

Level 4 Felony $15,000

Level 5 Felony $10,000

Level 6 Felony $5,000

Class A Misdemeanor $4,000

Class B Misdemeanor $3,000

Class C Misdemeanor $2,000

Habitual Offender $50,000

Extradition $25,000

Provided, however, that:

(a) Those persons charged with Murder shall be held without bail; and

(b) Those persons charged with Battery related to domestic or family

violence or with Invasion of Privacy shall be held without bail for 48

hours.

The foregoing schedule shall apply to all persons charged with crimes in these

Courts unless otherwise endorsed upon the warrant following a probable cause

determination or otherwise Ordered by the Court. Persons charged with multiple crimes

on the same indictment or information shall be held to bail only on the crime requiring

the highest amount of bail.

LR42-CR 2.3 - BAIL AND PRETRIAL SERVICES

There is hereby created a separate Bail and Pretrial Services Agency for each

Knox County Court, of which the Judge of each Court is the Director, the rules of which

are as follows:

I. Release Pending Trial

A. At an initial hearing, any person charged with a bailable offense

shall be ordered released pending trial on the person’s personal

recognizance unless the Judge determines that such a release will

not reasonably assure the appearance of the person as required.

When such a determination is made, the Judge, either in lieu of, or

in addition to the above method of release, shall impose any or all

of the following conditions of release which will reasonably assure

the appearance of the person for trial:

1. Place the person in the custody of a designated person or

organization agreeing to supervise him or her.

2. Place restrictions on the travel, association, or place of

abode of the person during the period of release.

3. Require the execution of a bail bond in a specified amount.

4. Impose any other condition, including a condition requiring

that the person return to custody after specified hours of

release for employment or other limited purposes.

B. In determining which condition of release, if any, will reasonably

assure the appearance of a person as required, the Judge shall

consider all facts relevant to the risk of non-appearance, including

those factors set out in Indiana Code 35-33-8-4.

II. Bail Bond: Ten Percent (10%) Cash Deposit Security

A. Unless otherwise ordered by the Court, any person for whom a bail

bond has been set may satisfy the bond by executing the bail bond

and depositing with the Clerk of the Court before which the

proceeding is pending, a sum of money equal to ten percent (10%)

of the bail.

B. Upon execution of the bail bond and deposit of the required sum of

money, the Defendant shall be released from custody subject to the

conditions of the bail bond. The Court may designate the Court bail

agency to supervise the Defendant. Where the Defendant has

failed to comply with the conditions of release or with the rules and

regulations of the Court bail agency, the Defendant’s release may

be revoked, and the Defendant may be brought before the Court

which shall determine if additional bail shall be set.

C. When the conditions of the bail bond have been performed and the

Defendant has been discharged from all obligations in the cause,

the Clerk of the Court shall return to the Defendant, unless the

Court Orders otherwise, ninety percent (90%) of the sum which has

been deposited, and shall retain as bail bond costs, ten percent

(10%) of the amount deposited or fifty dollars ($50.00), whichever is

the lesser amount, pursuant to I.C. 35-33-8-3.2. However, in no

event shall the amount retained by the Clerk as bail bond costs be

less than ten dollars ($10.00).

D. After a judgment of a fine, Court costs, or other Court Ordered fees

is entered in the prosecution of a cause in which a deposit has

been made in accordance with Subsection A, the balance of the

deposit, after deduction of the administrative fee, may be applied to

the payment of the judgment.

E. If expenses for attorney fees and other defense costs have been

incurred by Knox County, Indiana, in this cause, the balance of the

deposit after deduction of the administrative fee, fine, Court costs,

or other Court Ordered fees, may, upon Order of the Court, be

applied by the Court Clerk to the payment of such expenses.

F. At the request of the Defendant, the Court may Order whatever

amount is repayable to Defendant from the bail deposit to be paid

to the Defendant’s attorney of record.

G. If the person does not comply with the conditions of the bail bond,

the Court having jurisdiction shall enter an Order declaring the bail

to be forfeited. Notice of the Order of Forfeiture shall be mailed to

the Defendant at the Defendant’s last known address. If the

Defendant does not appear and surrender to the Court having

jurisdiction within thirty (30) days from the date of the forfeiture or

within that period satisfy the Court that appearance and surrender

by the Defendant is impossible and without fault, the Court shall

enter a judgment against the Defendant for the amount of the bail.

The deposit made in accordance with Subsection A shall be applied

to the payment of the judgment. The balance of the judgment may

be enforced and collected in the same manner as a judgment

entered in a civil action.

H. The administrative fee so collected by the Clerk shall be separately

receipted and separately reported to the County Auditor each

month on State Board of Accounts, County Form No. 124 and the

Clerk shall remit such funds monthly to the County Treasurer. The

County Treasurer shall deposit the funds in a separate fund for

each Court. The fund for the Knox Circuit Court shall be called the

“Knox Circuit Court Bail Agency and Pretrial Services Fund”, the

fund for the Knox Superior Court 1 shall be called the “Knox

Superior Court 1 Bail Agency and Pretrial Services Fund”, and the

fund for the Knox Superior Court No. 2 shall be called the “Knox

Superior Court No. 2 Bail Agency and Pretrial Services Fund”. The

fund may be expended, without appropriation, subject to the

approval of the Court having jurisdiction over that fund. Any

amounts remaining at the end of any fiscal year shall not revert to

the General Fund but shall continue in the particular Knox County

Court Bail Agency and Pretrial Services Fund. In the event the fund

is closed by operation of law or by Order of Court, all remaining

funds shall then and in that event revert to the County General

Fund.

THE COURTS NOW REVOKE ALL PRIOR ORDERS PERTAINING TO BAIL

AND PRETRIAL SERVICES.

LR42-CR-2.4 - CREDIT BONDING

By Joint Order comes now the Judges of the Knox Circuit Court, Superior Court 1

and Superior Court No. 2 and hereby Order the Sheriff of Knox County to place on

notice all Law Enforcement Officers, Jailers and Bail Bond Agents that pursuant to

Indiana statute I.C. 27-10-4-5 “credit bonding” cannot be allowed or accepted as a

method of payment to a bail agent for his bonding services. The bail agent must collect

a full premium for the bail being purchased at the rate approved by the Commissioner.

Partial payments to the bail bond agent for his services either by cash or check or

postdated checks which have been made out for the full premium are not acceptable

methods of payment of bond and violate the intentions of the statute. The Sheriff of

Knox County is hereby directed to post this Order in a conspicuous place whereby all

parties concerned with the procedure in the issuance of bail bond may find this notice.

LR42-CR-2.5 - CRIMINAL DISCOVERY

Each Knox County Court adopts and Orders the parties in all criminal

proceedings to follow the Indiana Rules of Criminal Procedure – Pre-Trial Procedure –

Rule 2.5 Discovery.

LR42-CR00-2.6 - SECURE DETENTION (WORK RELEASE)

The Knox County Courts, having been advised of certain concerns regarding the

safety and security of residents and personnel of the male and female Work Release

facilities operated by the Wabash Valley Regional Community Corrections Program, and

the Courts, having carefully considered these matters, ORDER, ADJUDGE AND

DECREE:

A. In the event the Director of the Wabash Valley Regional Community

Corrections Program (or the Assistant Director acting in the Director’s

absence) determines that a male or female resident of the Wabash Valley

Community Corrections Residential Work Release Program:

1. Has committed a criminal act under Federal law or the laws of the

State of Indiana while a resident of the Wabash Valley Regional

Community Corrections Work Release Program; or

2. Has acted in a manner that constitutes an immediate threat to the

security of the Wabash Valley Regional Community Corrections

Work Release facility or the safety of Wabash Valley Regional

Community Corrections personnel and/or other Work Release

residents; and

3. The resident in question:

a. Is serving a sentence imposed by the Knox County Courts

following a judgment of conviction; or

b. Is residing in the Work Release facility as a condition of

probation imposed by said Court; or

c. Is residing in the Work Release facility as a result of a finding

of contempt by said Court;

The Director of the Wabash Valley Regional Community Corrections

Program (or the Assistant Director acting in the Director’s absence) is

empowered and authorized to place the Resident in secure detention at

the Knox County Law Enforcement Center.

(1) Until such time as the resident in question can be safely

readmitted to the Work Release facility; or

(2) For a period of up to five (5) working days pending a hearing

conducted by the Conduct Adjustment Board of the Wabash

Valley Regional Community Corrections Program, whichever

occurs earlier.

B. The Sheriff of Knox County is Ordered and authorized to detain and hold

in secure detention at the Knox County Law Enforcement Center a

resident of the Wabash Valley Regional Community Corrections Work

Release Program pursuant to the above-stated provisions of this Rule.

C. The Director of the Wabash Valley Regional Community Corrections

Program is Ordered to immediately notify the sentencing Court and the

resident’s Probation Officer of the facts and circumstances that

necessitated detention of the resident at the Knox County Law

Enforcement Center.

Administrative Rules

LR42-AR-3.0 - COURT CLOSING

The decision to close any Court or Office within the 12th Judicial Circuit shall lie

solely within the discretion of the presiding judge of that Court. When weather

conditions or other emergencies arise, the presiding judge may consult with County

Officials and the Sheriff to determine whether to close the Court.

LR42-AR-3.1 - CONSENT TO HEAR CASES

The Judges of the Knox Circuit Court, Knox Superior Court 1 and Knox Superior

Court No. 2 may in accordance with I.C. 33-29-1-10, sit as Judge of the other courts in

any matter as if that Judge were elected to that Court.

LR42-AR-3.2 - COURT REPORTER SERVICES

The Courts of Knox County adopt Model Option Three under Administrative Rule

15 and elect to procure certain court reporter services by Transcription Service

Agreement.

The court reporters shall be responsible for filing the transcript with the Clerk of

the Knox Circuit Court and for providing notice of filing as provided in Appellate Rule

11(A). The court reporters shall be responsible for preparing exhibits and the exhibit

index as provided in Appellate Rule 29.

As provided in Trial Rule 74(A), the Judges of the Knox Circuit and Superior

Courts authorize and direct the person(s) making the transcript to certify the transcript.

Standard appeal transcripts to be filed within 45 days shall cost $4.25 per page.

Non-appeal transcripts shall cost as follows: $4.25 per page for completion within 30

days, $5.25 per page for completion with 14 days, $6.00 per page for completion within

7 days, $7.50 per page for completion within 3 days, and $8.50 per page for completion

within 1 day. The minimum fee for any transcript is $30.00.

TRANSCRIPTION SERVICE AGREEMENT

This Transcription Service Agreement (“Agreement”) is between American

Platform Services, LLC, dba TheRecordXchange, a limited liability company in Arizona

(“TRX,” “We,” “Us,” or “Our”) and Knox County Courts, Indiana (“Court,” “You,” or

“Your”), collectively the “Parties.”

RECITALS

TRX operates a platform through which qualified transcription service providers

(“Providers”) will be made available to courts and court reporters. Providers shall be

authorized to type, compile, and certify transcripts for appeal and non-appeal purposes.

Providers shall deliver certified transcripts to the person who is specifically designated

by a court to perform the official court reporting services for the court (“Court Reporter”),

or to deliver certified or non-certified transcripts to a party so requesting.

Court wishes to use TRX’s platform as an efficient portal to access Providers for

the term of this Agreement. This Agreement shall apply to transcription services

provided to the Court and any other party wishing to order transcripts or audio recorded

by the Court using Our platform.

AGREEMENT

In consideration of the above recitals and the mutual covenants in this

Agreement, the Parties agree as follows:

1. Qualified Providers. TRX shall be responsible for vetting potential Providers

under this Agreement. Providers shall meet the following requirements:

a. Have a licensed business operating in the United States;

b. Agree to perform all transcription services under this Agreement in the United

States;

c. Have at least 3 years of experience providing transcription services to courts

in the United States;

d. Have a confidentiality agreement on file with TRX and with any independent

contractors employed to work on transcriptions under this Agreement;

e. Be certified by at least one of the following accredited industry organizations:

American Association of Electronic Reporters and Transcribers (AAERT),

National Court Reporters Association (NCRA), or National Verbatim

Reporters Association (NVRA);

f. All transcripts provided hereunder shall be certified by an individual with a

valid certificate from one of the above-listed organizations; and

g. Agree to provide transcription services in compliance with the Indiana Rules

of Appellate Procedure, including the standards for preparing electronic

transcriptions found in Appendix A of the rules.

2. Services to be Provided. Providers shall be responsible for delivering the

completed transcription to the appropriate Court Reporter. The Judges of Knox

County authorize and direct Providers to certify the transcripts that are required

to be certified under Indiana Rules of Court. Providers shall complete their work

in accordance with this Agreement and the TRX terms of service. If there is a

conflict between the terms of these documents, this Agreement shall prevail.

3. Payment. Standard appeal transcripts to be filed within 45 days shall cost $4.25

per page. Non-appeal transcripts shall cost as follows: $4.25 per page for

completion within 30 days, $5.25 per page for completion within 14 days, $6.00

per page for completion within 7 days, $7.50 per page for completion within 3

days, and $8.50 per page for completion within 1 day. The minimum fee for any

transcript is $30.00. TRX and Provider shall be responsible for invoicing and

collecting payment from the requesting party. Provider shall be responsible for

paying any fees owed to TRX.

4. Term. The term of the Agreement shall begin on the date designated by the

Indiana

Supreme Court in its Order of Approval (“Effective Date”). TRX or the Court may

terminate this Agreement by providing 30 days’ notice of termination. The Court

may terminate this agreement at any time with cause. Termination shall not

impact the duties of the Parties to perform for any work requested under this

Agreement prior to the termination date.

5. Dispute Resolution. If there is a dispute between the Parties related to this

Agreement, the Parties agree to act in good faith and attempt to resolve the

problem between themselves. If the problem is not resolved after 30 calendar

days, the Parties agree to submit the matter to the Chief Administrative Officer of

the Indiana Supreme Court for resolution.

6. Authorization. This Transcription Service Agreement is subject to approval by

the Indiana Supreme Court under Administrative Rule 15 and Trial Rule 81.

7. Modification. This Agreement can only be modified in a written document

signed by both Parties, and subject to Indiana Supreme Court approval.

8. Notice. Unless otherwise specified, all notices required by this Agreement may

be hand delivered, sent via certified mail to the receiving Party’s last known

address, or sent via email to their last known email address.

9. Additional Actions. Each Party agrees to do all acts and things and to make,

execute, and deliver such written instruments and documents as shall be

reasonably required to carry out the terms of this Agreement.

10. Counterparts. This Agreement may be executed in multiple counterparts, each

of which will be deemed an original, but all of which, when taken together, will

constitute one and the same instrument.

LR42-AR-3.3 - PROHIBITING WEAPONS

This Rule is adopted pursuant to the inherent powers of these Courts, and in the

interest of public safety and security.

All persons, except those specifically set forth below, are prohibited from

carrying, concealed or otherwise, any inhibiting chemical substances, explosive devices,

guns, pellet guns, knives, or any deadly weapons as defined by statute in I.C. 35-47-

11.1-4 on any property upon which is situated any building or structure owned or leased

by Knox County government. All law enforcement officers and deputies, uniformed or in

plain clothes, Judges and Special Judges, prosecutors, special prosecutors and

deputies, and probation and parole officers are exempted from this Order.

Any person found in violation of this Order may be detained by a law

enforcement officer or Court security officer, thoroughly searched, and any weapons

described in this Rule found on or about such person may be confiscated and forfeited

to Knox County. Any person violating this Order shall be subject to punishment for

contempt of Court which may consist of a fine of up to five hundred dollars ($500.00)

and imprisonment for up to one hundred eighty (180) days. This Order is consistent

with Knox County Ordinance No. 2-1995. This Order shall be posted in plain view near

the entrances to the Knox County Courthouse, Knox County Courthouse Annex and

each of the Knox County Courts.

The statute(s) cited above may change from time to time. This local court rule

shall automatically refer to the relevant statute(s) in effect at any given time. Any

exempted person listed above SHALL NOT BE EXEMPT whenever they or any member

of their family is a party to any proceeding taking place. This does not include

appearing in the individual’s official capacity.

LR42-AR-3.4 - DRESS AND CONDUCT

Lawyers and litigants shall be appropriately attired during all court appearances.

Lawyers, litigants, and spectators shall at all times speak and behave in such a manner

as to respect the dignity and authority of the Courts, Judges, and all judicial personnel.

Each Judge of the Knox County Courts, including any duly appointed

Magistrates, Referee, Judge Pro Temp, Special Judge or Senior Judge, or any judicial

officer, law enforcement, Court security officer, has the authority to remove any person

whom in their opinion is being unruly, disruptive, disorderly, disrespectful, or otherwise

using profanity or engaging in conduct which disturbs or hinders the operation of the

Courts.

LR42-AR-3.5 - PROTECTIVE ORDERS

Pursuant to the inherent powers of these Courts, this Rule is hereby promulgated

for the administration of Protective Order matters in Knox County, Indiana.

A. SAME PARTIES/SAME COURT: If the parties in a Protective Order (PO)

petition have a previously-filed dissolution (DR) or paternity (JP) case

assigned to a particular Court in Knox County, the subsequent

Protective Order matter shall be assigned to the same Court. For

example, if the parties have previously filed a prior paternity (JP) case

or Dissolution (DR) case in the Knox Superior Court 1, any new

Protective Order filing involving the same parties shall be assigned a

Protective Order (PO) number and shall be filed in the Knox Superior

Court.

1. In the event the parties have filed multiple prior dissolution

petitions, the Protective Order case shall be assigned to the

Court of the most recent dissolution (DN/DC) filing.

B. NEW FILINGS IN KNOX CIRCUIT COURT: Effective January 7, 2003,

all new Protective Order filings, except those set forth in paragraph A

above, shall be assigned to the Knox Circuit Court.

C. SUBSEQUENT DISSOLUTION AND PATERNITY FILINGS: If a

Protective Order (PO) petition is filed in the Knox Circuit Court, and a

subsequent dissolution (DN/DC) or paternity (JP) action involving the

same parties is filed in either the Knox Superior Court I or the Knox

Superior Court No. 2, the Judge of the Knox Circuit Court shall issue

an Order transferring the Protective Order (PO) matter to the Court

where the dissolution (DN/DC) or paternity (JP) case is pending. The

Clerk shall re-docket the Protective Order with a new Protective Order

(PO) file number for the receiving Court.

D. PROTECTION ORDERS WHEN RESPONDENT IS A JUVENILE: If

either party in a Protective Order (PO) proceeding is a juvenile (under

18 years of age), said Protective Order (PO) proceeding shall be

assigned to the Knox Superior Court 1.

LR42-AR-3.6 - CASE RELATION

The Clerk shall use the related case function in the Odyssey Case Management

System in Protection Order (PO), Juvenile Paternity (JP), and Domestic Relations

(DN/DC) cases involving the same parties to facilitate coordination, consistency, and

efficiency within judicial orders.

LR42-AR-3.7 - COURT ALCOHOL AND DRUG PROGRAM FEES

Fees for the Knox County Court Alcohol and Drug Program shall be:

A&D Program Fee $300.00

A&D Transfer Out $100.00

Education Fee $100.00

Evaluation Only $100.00

A&D Program fees include orientation, assessment, case management,

monitoring, and drug and alcohol screening. The education program cost is included in

the program fee. Clients referred out for treatment or education are responsible for the

payment of fees associated with those services. Clients referred to our education

course from other programs and agencies will be required to pay the education fee.

Transfer fee will be charged when a client is not assessed by our program and requests

to transfer A&D supervision to another court alcohol and drug program certified by the

Indiana Office of Court Services.

LR42-AR-3.8 - THE TAKING OF PICTURES, AUDIO, OR VIDEO OF COURT

PROCEEDINGS

The Knox County Courts hereby determine and give notice that the following

order is appropriate and necessary to the safety and security of our Courtrooms as well

as to maintain the orderly administration of justice. Therefore, in compliance with the

Indiana Code of Judicial Conduct, Rule 2.17, the Knox Circuit Court, Knox Superior

Court 1, Knox Superior Court No. 2, and Magistrate Court ORDERS that cellular

phones, electronic tablets, personal digital assistants, smart watches, and all other

electronic devices capable of audio or video recording be prohibited in the Knox County

Courtrooms.

Rule 2.17 of the Indiana Code of Judicial Conduct prohibits the broadcasting,

televising, recording, or taking of photographs in all courtrooms and areas immediately

adjacent thereto during session of court or recesses between sessions. Any distribution

of such recordings, including posting the audio or video recording on any social media

platform, shall not occur without the Court’s permission.

All Attorneys or Law Enforcement Officers on official business are exempted from

this Order. The Knox County Circuit Court, Superior Court 1, Superior Court No. 2, and

Magistrate Court reserve the right to grant exceptions to this rule on a case-by-case

basis.

Consequences for violation of this order are discretionary and may include a

finding of contempt of Court. Any law enforcement officer and/or Court staff member

may assist in enforcing this Order.

Pursuant to Indiana Supreme Court rule, the broadcasting or televising of court

proceedings distribution of audio and video recordings of court proceedings is

prohibited, without the explicit permission of the court. Said Camera in Court Request

Form must be submitted in writing to the Court at least five business (5) days prior to

the court proceeding.

LR42-AR-4.0 - COPYING OF COURT PROCEEDINGS

Audio copies of court proceedings will be provided by filing a written request to

the specific court using the Request for Audio Records of Proceedings form that will be

provided by the court upon request.

LR42-AR-4.1 - CUSTODY, REMOVAL, AND DISPOSAL OF ORIGINAL RECORDS

AND EXHIBITS

A. GOVERNED BY LOCAL RULES. Except as provided for in

Administrative Rule 7, the custody, removal, and disposal of

original records and exhibits shall be governed by this rule.

B. TIME PERIOD FOR COURT REPORTER TO MAINTAIN CUSTODY.

After being marked for identification, all models, diagrams, exhibits and

materials (hereinafter items”) offered or admitted into evidence in any

case pending or tried in the Knox Circuit and Superior Courts shall be

placed in the custody of the Court Reporter and, unless ordered

otherwise by the Court, shall not be removed until after the time periods

specified below.

1. Criminal Cases:

a. Misdemeanor, Class C, D, Level 5 and 6 felony cases

two (2) years after the latest of the following events:

i. the case is dismissed;

ii. the defendant is found not guilty;

iii. the defendant is sentenced; or

iv. if there was an appeal, the filing of the final

order (i.e., the order disposes of all issues) of

the reviewing Court in the office of the Clerk.

b. Class A, B, Level 1, 2, 3, and 4 felony and Murder

cases twenty (20) years after the latest of the

following events:

i. the case is dismissed;

ii. the defendant is found not guilty;

iii. the defendant is sentenced; or

iv. if there was an appeal, the filing of the final

order (i.e., the order disposes of all issues) of

the reviewing Court in the office of the Clerk.

2. Civil Cases:

a. Thirty (30) days after the latest of the following

events:

i. the case is decided; or

ii. if there was an appeal, the filing of the final

order (i.e., the order disposes of all issues) of

the reviewing Court in the office of the Clerk.

C. TIME PERIOD FOR REMOVAL BY PARTIES. Unless ordered

otherwise, all items placed in the custody of the Court Reporter

shall be removed by the parties or their attorneys who offered them

into evidence no later than ninety (90) days after the expiration of

the time periods set forth in above subsection 112.20. At the time of

removal, a detailed receipt shall be provided by the party removing

said items and this receipt will be filed in the case. No motion or

order is required prior to the removal of an exhibit pursuant to this

subsection.

D DISPOSAL OF UN-REMOVED ITEMS. If the parties or their

attorneys do not remove the items within the time period set forth in

subsection 112.30, the Court may direct disposition or destruction

of the items. For all cases decided or otherwise disposed of as to

all issues prior to the effective date of this rule, if the parties or their

attorneys do not remove the items within sixty (60) days after the

effective date of this rule, the Court may direct disposition or

destruction.

E. CURRENCY AND CONTRABAND. Currency exhibits and

contraband exhibits, such as controlled substances and weapons,

shall be released to the investigative agency at the conclusion of

the trial and not placed in the custody of the Court Reporter. A

receipt shall be issued and a photograph substituted when such

exhibits are released.

F. BIOLOGICALLY CONTAMINATED EVIDENCE. A party who offers

biologically contaminated evidence must file a pre-trial notice with

the Court and serve all the parties so that the Court can consider

the issue and rule appropriately before trial.

LR-AR-5- LOCAL RULE CONCERNING CASELOAD ALLOCATION PLAN

(Effective February 17, 2025)

In conformance with the Order of the Indiana Supreme Court, the Judges of the

Knox County Courts submit their proposed Knox County Caseload Allocation Plan as

follows:

1. On or before April 1 of each year, the Judges of the Knox County Courts shall

meet to review the Weighted Caseload Measures statistics as calculated by

the Division of State Court Administration from the preceding calendar year.

The utilization percentage between the Courts shall be re-evaluated yearly to

assess what actual disparities may exist.

2. Should action be required to reduce a disparity in caseload, the Judges may

agree to accomplish the reduction in any reasonable manner.

3. All “LP/DP” (capital murder), “MR” (murder), “FA” (A Felony), “FB” (B

Felony), “FC” (C Felony), “FD” (D Felony), “F1” (Level 1 Felony), “F2”

(Level 2 Felony), “F3” (Level 3 Felony), “F4” (Level 4 Felony), cases shall be

filed in the Knox Superior Court 1 and the Knox Circuit Court on an equal

basis. All “F5” (Level 5 Felony) cases shall be filed in the Knox Circuit Court.

Felony habitual traffic offender cases shall be filed in the Knox Superior Court

No. 2. All "F6” (Level 6 Felony) cases shall be filed in the Knox Circuit Court

and Knox Superior Court No. 2 on an equal basis.

4. All “JC” (juvenile CHINS), “JD” (juvenile delinquency), “JS” (juvenile status),

“JP” (juvenile paternity), “JM” (juvenile miscellaneous), “JQ” (Child Protection

Orders), and “JT” (juvenile termination of parental rights) cases shall be filed

in the Knox Superior Court 1.

5. All “CM” (criminal misdemeanor), “IF” (infractions), “OV” (ordinance

violations), “EV” (evictions), and “SC” (small claims) cases shall be filed in the

Knox Superior Court No. 2.

6. All “PC” (post-conviction relief), “CC” (civil collections), “CT” (civil torts), “RS”

(reciprocal support), “AD” (adoption), “MF” (mortgage foreclosure), “PL” (civil

plenary), “ES” (estate supervised), “EU” (estate unsupervised), “EM” (estate

miscellaneous), “TR” (trusts), “TS” (tax sale), “TP” (tax deed), “RF” (Red Flag)

cases shall be filed in the Knox Circuit Court.

7. All “MI” (civil miscellaneous), “XP” (expungement), “MC” (miscellaneous

criminal), and “MH” (mental health) cases may be filed in any court as allowed

by law.

8. All “GU” and “GM” (guardianship) cases shall be filed in Knox Circuit Court,

unless an existing “JC” (juvenile CHINS) case is pending then the “GU”

(guardianship) shall be filed in the Knox Superior Court 1.

9. All “PO” (protective orders) cases shall be filed in Knox Circuit Court, unless

an existing “JP” (juvenile paternity), “DR” (domestic relations), “DC” (domestic

relations w/children), or “DN” (domestic relations no children) case is pending

then the “PO” (protective orders) shall be filed in the court where the other

matter pends.

10. All “DC” (domestic relations w/children) and “DN” (domestic relations no

children) cases shall be filed in the Knox Superior Court 1, Knox Superior

Court No. 2, and the Knox Circuit Court on a random, equal basis determined

by the Knox County Clerk.

11. Magistrate of the Knox Circuit and Superior Court: Certain case types will be

assigned to Magistrate Judge which will keep weighted case load allocations

within Indiana Supreme Court guidelines between the three (3) judicial

officers. Magistrate Judge shall hear JC’s, DC’s, DN’s, DR’s EV’s, SC’s, PO’s

and RS cases involving the Prosecuting Attorney’s Title IV-D Child Support

Office. There may be instances where the Magistrate may be assigned

and/or hear other types of cases in the discretion of the Circuit and Superior

Court Judges.

LR42-AR-6- JUDICIAL DISCRETION

A court, upon its own motion, or upon good cause shown, on a case-by-case

basis, may by specific order provide relief from the operation of these local rules.

LR42-AR-7 - JURY SYSTEM PLAN FOR THE SELECTION OF JURORS IN KNOX

COUNTY, INDIANA

All courts in Knox County hereby adopt the current version of the Indiana Rules of

Court - Jury Rules.

LR 42-AR-8 - KNOX COUNTY DRUG COURT FEES

Fees for a participant in the Knox County Drug Court are set according to the

authority of Ind. Code § 33-23-16-23:

(1) A one-time administration fee of $100, plus a monthly fee of $50

beginning the second month of participation;

(2) A one-time administration fee of $100 and a one-time $25 transfer fee

for participants accepted into the Knox County Drug Court and

transferred to another Indiana county. Participants are also liable for

the monthly fee of $50 beginning the second month of participation if

such fee accrues prior to transfer; and

(3) A one-time transfer fee of $25 for participants accepted into the Knox

County Drug Court as transfers from another Indiana county, plus the

monthly fee of $50 for each month that the participant remains under

monitoring by the Knox County Drug Court.

Additionally, participants are also responsible for the costs of chemical drug

testing, as well as rehabilitation and treatment services performed by referral agencies

of the Knox County Drug Court. The costs and fees of the chemical drug testing,

treatment costs by referral agencies, and rehabilitation services by referral agencies are

not included in the administration, monthly, or transfer fees listed above.

LR42-AR-9 - SELF-REPRESENTED LITIGANTS

The same court rules apply to parties who are represented by lawyers and to

parties who represent themselves. Applicable rules include not only these rules, but

also rules such as the Indiana Rules of Trial Procedure, Indiana Rules of Alternative

Dispute Resolution, Access to Court Records Rules, Indiana Administrative Rules, and

others. The court is required to hold all parties to the same standards.

Self-Represented parties are required to file appropriate pleadings to initiate

court action. The court has discretion to reject incomplete pleadings and other

pleadings that do not satisfy Indiana law. Any document filed with the court shall at a

minimum, contain a “certificate of service” that states that the document was provided to

the other party(ies); the method of sending the document to the other party(ies); and the

date of delivery.

Family Law Rules

LR42-FL-1 - MEDIATION/ALTERNATIVE DISPUTE RESOLUTION

It is the policy of the Court to refer appropriate domestic relations issues to

mediation. The Court may excuse from mediation, cases that may be inappropriate or

for good cause shown. Good cause does not include an assessment by the party or the

attorney that the case is viewed as unlikely to settle at mediation. Parties may select a

mediator by agreement or ask the Court to appoint a panel of mediators. Parties of

limited means may request or be referred to the Domestic Relations Alternative Dispute

Resolution program. Nominal charges for this program are assessed on a sliding fee

scale, based upon income. Any mediation shall comply with the provisions of the

Indiana Rules of Alternative Dispute Resolution.

LR42-FL-2 - INDIANA CHILD SUPPORT GUIDELINES (Worksheet Required)

In all proceedings involving child support, each party shall file with any

settlement, or enter into evidence during a trial, Indiana Child Support Guideline

Worksheets. Such worksheets shall, when reasonably possible, be delivered to the

other party prior to any final resolution. The parties are under a continuing obligation to

promptly supplement the Indiana Child Support Guidelines Worksheet if any changes

occur prior to final resolution. If an agreement of the parties concerning support

provides any deviation from the Indiana Child Support Guideline amount, the parties

shall present to the Court a written explanation or a document justifying the deviation.