Ind. County Local Rule: kosciusko-local-rules

Kosciusko County

Circuit and Superior Courts

Local Rules of Practice and Procedure

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LOCAL RULES OF PRACTICE AND PROCEDURE OF THE

KOSCIUSKO CIRCUIT AND SUPERIOR COURTS

TABLE OF RULES

LR43-CR00-1 Criminal Discovery

LR43-AR1E-2 Initial Criminal Case Assignment

LR43-AR1E-3 Transfer of Criminal Cases

LR43-AR1E-4 Refiling and/or Subsequent Filings of Criminal Charges

LR43-AR1E-5 Reassignment of Criminal Cases

LR43-AR1E-6 Random Filing of Criminal Cases

LR43-AR21-7 Appointment of Special Judges

LR43-AR1E-1 Civil Case Assignment

LR43-TR79-2 Special Judge Appointment in Civil Cases

LR43-AR15-3 Court Reporter Services

LR43-TR64-4 Judicial Sales of Land

LR43-FL-5 Child Custody Action

LR43-AR-6 Court Files

LR43-AR-8 Kosciusko County Problem Solving Court Fees

LR43-AR-9 Transfer of Cases

LR43-AR-10 Judge Pro Tempore

LR43-MH-11 Application for Emergency Detention for Treatment of

Mentally Ill Individuals

LR43-AR-12 Evidence Handling, Retention and Disposition

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LR43-JR-1 Assembly of the Petit and Grand Jury Pools

LR43-JR-2 Random Draw

LR43-JR-3 Summoning Jurors

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CRIMINAL RULES

LR43-CR00-1 Criminal Discovery

LR43-AR1E-2 Initial Case Assignment

LR43-AR1E-3 Transfer of Criminal Cases

LR43-AR1E-4 Refiling and/or Subsequent Filings of Criminal Charges

LR43-AR1E-5 Reassignment of Criminal Cases

LR43-AR1E-6 Random Filing of Criminal Cases

LR43-AR21-7 Appointment of Special Judges

LR43-CR00-1 Criminal Discovery

In all criminal felony and misdemeanor cases, the reciprocal pretrial discovery shall be available

to both the State of Indiana and the Defendant, without formal written request filed with, or

Order issued by, the Court, as follows:

(A) State’s Required Disclosure

The State shall disclose to the Defense the following material and information

within its possession or control on or before thirty (30) days from the date of

initial hearing of the Defendant:

(1) The names and last known addresses of persons whom the State may call

as witnesses, together with their relevant written or recorded statements,

memoranda containing substantially verbatim reports of their oral

statements and a list of memoranda reporting or summarizing their oral

statements.

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

statements made by the accused or by a codefendant(s), and a list of

witnesses to the making and acknowledgment of such statements.

(3) A transcript of those portions of grand jury minutes containing testimony

of persons whom the prosecuting attorney may call as witnesses at the

hearing or trial, as designated by the defense after listening to the

recording of the testimony.

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

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

scientific tests, experiments or comparisons.

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

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

obtained from or belong to the accused.

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

impeachment of the persons whom the State intends to call as witnesses at

the hearing or trial.

(7) Any evidence which tends to negate the guilt of the accused as to the offense

charged or which would tend to mitigate the accused's punishment.

(8) Any Evidence Rule 404(b) evidence.

The State may comply with this Order (1) in any manner it and the Defense

agree to, or (2) by notifying defense counsel that material and information,

described in general terms, may be inspected, obtained, tested, copied, or

photographed at specified reasonable times and places.

(B) Defendant’s Required Disclosure

The Defense shall disclose to the State the following material and information

within its possession or control on or before omnibus date.

(1) The names and addresses of persons whom the defendant may call as

witnesses.

(2) Any books, papers, documents, photographs, or tangible objects which are

intended to be used at a hearing or trial.

(3) Any medical or scientific reports relating to the defendant or defendant's

evidence which may be used at a hearing or trial.

(4) Any defenses, procedural or substantive, which the defendant intends to

make at a hearing or a trial.

(C) Objections to Discovery Order

Any objections to the discovery order must be filed within fourteen (14) days

prior to omnibus date.

(D) Certificate of Compliance Required, Deadline

The State and the Defendant shall file with the Court Certificate of Compliance

with the Order on or before pretrial conference.

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(E) Continuing Discovery Required

(1) Discovery is a continuing order through trial.

(2) No written motion is required except to compel discovery, for a protective

order, or for an extension of time.

(F) Sanctions

Failure of either side to comply with this Order within fourteen (14) days before

trial may result in exclusion of evidence at trial or other appropriate sanction.

LR43-AR1E-2 Initial Criminal Case Assignment

(1) Felonies Under Title 35-42-1 (Homicide)

All felonies filed under Title 35, Article 42, Chapter 1 (Homicide) shall be filed in the

Kosciusko Circuit Court.

(2) Felonies Under Title 35, Article 48 (Controlled Substances)

All felonies filed under Title 35, Article 48 (Controlled Substances) shall be filed on an

alternating basis in the Kosciusko Circuit Court and the Kosciusko Superior Court No. 1.

(3) Felonies Under Title 9 (Traffic) and I.C. 35-46-1-5 through 35-46-1-7 (Non-Support)

All felonies filed under Title 9 (Traffic) and I.C. 35-46-1-5 through and including 35-46-

1-7 (Non-Support) shall be filed in the Kosciusko Superior Court No. 3.

(4) Other F1, F2, F3 and F4 Felony Cases

All other F1, F2, F3 and F4 felonies shall be filed on an alternating basis to the

Kosciusko Circuit Court and the Kosciusko Superior Court No. 1.

(5) All Other F5 and F6 Felony Cases

Sixty percent (60%) shall be filed in the Kosciusko Superior Court No. 3; twenty percent

(20%) shall be filed in the Kosciusko Superior Court No. 2; twenty percent (20%) shall

be filed in the Kosciusko Superior Court No. 1.

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(6) All Misdemeanor Cases

All misdemeanors shall be assigned to the Kosciusko Superior Court No. 2.

(7) All Juvenile Delinquent Cases

All cases filed under Title 31, Article 37 (Juvenile Law: Delinquency) shall be initially

assigned to Kosciusko Superior Court No. 1. In the event a child is waived into adult

court, the case shall be reassigned to the appropriate court in accordance with the

proceeding provisions of this rule.

(8) Combination of Felony and Misdemeanor Cases

In the event the case charges both felony and misdemeanor offenses, the case shall be

considered a felony for the application of this rule.

(9) Post-Conviction Relief Cases

PC cases shall be filed in the court in which the related criminal case was filed.

LR43-AR1E-3 Transfer of Criminal Cases

The Judge in any Kosciusko Court, by appropriate order entered in the Record of Judgment and

Orders, may transfer and reassign to any other court of record in the county with jurisdiction to

hear the charged offense any pending cases subject to acceptance by the receiving court.

LR43-AR1E-4 Refiling and/or Subsequent Filings of Criminal Charges

(1) Dismissal and Subsequent Refiling of Charges

In the event the State of Indiana dismisses a case, any subsequent case filed

against such defendant within the next six months shall be assigned to the court

from which the dismissal was taken.

(2) Filing of Additional Charges

In the event additional charges are filed against a criminal defendant subsequent

to the assignment of the case, all such additional charges to be resolved in

conjunction with the pending case shall be assigned to the court of initial

assignment.

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LR43-AR1E-5 Reassignment of Criminal Cases

(1) Kosciusko Circuit Court

The following individuals have agreed to serve in the event it becomes necessary to reassign a

criminal case in the Kosciusko Circuit Court:

1. The Judge of the Kosciusko Superior Court No. 1

2. The Judge of the Kosciusko Superior Court No. 2

3. The Judge of the Kosciusko Superior Court No. 3

(2) Kosciusko Superior Court No. 1

The following individuals have agreed to serve in the event it becomes necessary to reassign a

criminal case in the Kosciusko Superior Court No. 1:

1. The Judge of the Kosciusko Circuit Court

2. The Judge of the Kosciusko Superior Court No. 3

3. The Judge of the Kosciusko Superior Court No. 2

(3) Kosciusko Superior Court No. 2

The following individuals have agreed to serve in the event it becomes necessary to reassign a

criminal case in the Kosciusko Superior Court No. 2:

1. The Judge of the Kosciusko Superior Court No. 3

2. The Judge of the Kosciusko Circuit Court

3. The Judge of the Kosciusko Superior Court No. 1

(4) Kosciusko Superior Court No. 3

The following individuals have agreed to serve in the event it becomes necessary to reassign a

criminal case in the Kosciusko Superior Court No. 3:

1. The Judge of the Kosciusko Superior Court No. 2

2. The Judge of the Kosciusko Superior Court No. 1

3. The Judge of the Kosciusko Circuit Court

(5) Method of Reassignment of Cases

In the event it becomes necessary to reassign a criminal case in the Kosciusko Circuit Court,

Kosciusko Superior Court No. 1, Kosciusko Superior Court No. 2, or Kosciusko Superior Court

No. 3, the cases will be reassigned in consecutive order to the above noted judges.

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LR43-AR1E-6 Random Filing of Criminal Cases

All criminal cases shall be filed in a random manner and in the percentages as provided by these

rules. The Judges of the Kosciusko Circuit Court and the Kosciusko Superior Courts shall

periodically review the filing patterns of criminal cases and the Judges of such Courts reserve the

right to transfer cases in the event of a disproportionate distribution of cases in order to balance

the caseload and to expedite dispositions of all pending criminal cases.

LR43-AR21-7 Appointment of Special Judges

In the event no Kosciusko County judge is available for assignment or reassignment of a

felony or misdemeanor case, the Chief Judge of the administrative judicial district of which

Kosciusko County is a member, must appoint a special judge first from the other full-time

judicial officers within the judicial district and then from full-time judicial officers in contiguous

counties not within the judicial district. If the Chief Judge of the administrative judicial district

is unable to make the appointment, the district judge who is not a judicial officer in Kosciusko

County, with the most time of judicial service, shall make the appointment. In the event the full-time judicial officer presiding in a felony or misdemeanor case concludes that the unique

circumstances presented in the proceeding require appointment by the Indiana Supreme Court of

a special judge, this presiding full-time judicial officer may request the Indiana Supreme Court

for an appointment.

The appointed full-time judicial officer under this local rule must accept the case unless:

a. Disqualified under the Code of Judicial Conduct;

b. Ineligible under the Trial Rules; or

c. Excused by the Indiana Supreme Court.

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CIVIL AND ADMINISTRATIVE RULES

LR43-AR1E-1 Civil Case Assignment

LR43-TR79-2 Special Judge Appointment in Civil Cases

LR43-AR15-3 Court Reporter Services

LR43-TR64-4 Judicial Sales of Land

LR43-FL-5 Child Custody Action

LR43-AR-6 Court Files

LR 43-AR-8 Kosciusko County Drug Court Fees

LR43-AR-9 Transfer of Cases

LR43-AR-10 Judge Pro Tempore

LR43-MH-11 Application for Emergency Detention for Treatment of

Mentally Ill Individuals

LR43-AR-12 Evidence Handling, Retention and Disposition

LR43-AR1E-1 Civil Case Assignment

(1) MH, TS, and TP cases shall be filed in the Kosciusko Circuit Court.

(2) JC, JD, JS, JM, JQ and JT cases shall be filed in the Kosciusko Superior Court No. 1. JP

cases shall be filed in the Kosciusko Superior Court No. 4.

(3) PL and CT cases shall be filed fifty percent (50%) in the Kosciusko Circuit Court and

fifty percent (50%) in the Kosciusko Superior Court No. 4, on an alternating basis, and

any such matters on the active docket of the Kosciusko Superior Court No. 1 as of

January 1, 2025 and thereafter are transferred to the active docket of the Kosciusko

Superior Court No. 4.

(4) Seventy-five percent (75%) of MI cases shall be filed in the Kosciusko Superior Court

No. 3 and twenty-five percent (25%) shall be filed in either the Kosciusko Circuit Court

or the Kosciusko Superior Court No. 1, on an alternating basis.

(5) IF cases shall be filed in the Kosciusko Superior Court No. 3.

(6) OV, OE, PO (except PO cases where a JP, DC or DN case is in existence involving the

same parties, which shall then be filed in the court having the JP, DC or DN case), EV

and SC cases shall be filed in Kosciusko Superior Court No. 3.

(7) Sixty percent (60%) of DC and ninety percent (90%) of DN cases shall be filed in the

Kosciusko Superior Court No. 4.

(8) Ten percent (10%) of DN and forty percent (40%) of DC cases shall be filed in

the Kosciusko Circuit Court.

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(9) CC cases shall be filed in the Kosciusko Superior Court No. 4, and any such matters on

the active docket of the Kosciusko Superior Court No. 2 and the Kosciusko Superior

Court No. 3 as of January 1, 2025 and thereafter are transferred to the active docket of the

Kosciusko Superior Court No. 4.

(10) ES, EM, EU and TR cases and matters not otherwise described herein, shall be filed fifty

percent (50%) in the Kosciusko Circuit Court and fifty percent (50%) in the Kosciusko

Superior Court No. 1.

(11) AD cases shall be filed thirty-three percent (33%) in the Kosciusko Circuit Court and

sixty-seven percent (67%) in the Kosciusko Superior Court No. 1.

(12) GU and GM cases shall be filed twenty percent (20%) in the Kosciusko Circuit Court and

eighty percent (80%) in the Kosciusko Superior Court No. 1.

(13) MF cases shall be filed fifty percent (50%) in the Kosciusko Superior Court No. 4 and

fifty percent (50%) in the Kosciusko Superior Court No. 3, on an alternating basis, and

any such matters on the active docket of the Kosciusko Circuit Court as of January 1,

2025 and thereafter are transferred to the active docket of the Kosciusko Superior Court

No. 4.

(14) XP cases may be filed in any court.

(15) RS cases shall be filed fifty percent (50%) in the Kosciusko Superior Court No. 1 and

fifty percent (50%) in the Kosciusko Superior Court No. 4, and any such matters on the

active docket of the Kosciusko Circuit Court as of January 1, 2025 and thereafter are

transferred to the active docket of the Kosciusko Superior Court No. 4.

(16) RF cases shall be filed fifty percent (50%) in the Kosciusko Superior Court No. 3 and

fifty percent (50%) in the Kosciusko Superior Court No. 2.

(17) All civil cases shall be filed in a random manner and in the percentages as provided by

these rules. The Judges of the Kosciusko Circuit Court and the Kosciusko Superior

Courts shall periodically review the filing patterns of civil cases and the Judges of such

Courts reserve the right to transfer cases in the event of a disproportionate distribution of

cases in order to balance the caseload and to expedite dispositions of all pending civil

cases.

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LR43- TR79-2 Special Judge Appointment in Civil Cases

If a judge in Kosciusko County grants a motion for change of judge under TR 76, or

recuses or is disqualified under TR 79(C), and the parties are unable to agree to a judge, or the

judge agreed upon does not accept the appointment within the time required by TR 79(D), the

following local rule applies:

a. If the case is in the Kosciusko Circuit Court, it must be transferred to:

1. Kosciusko Superior Court No. 1

2. Kosciusko Superior Court No. 2

3. Kosciusko Superior Court No. 3

4. Kosciusko Superior Court No. 4

b. If the case is in Kosciusko Superior Court 1, it must be transferred to:

1. Kosciusko Circuit Court

2. Kosciusko Superior Court No. 4

3. Kosciusko Superior Court No. 2

4. Kosciusko Superior Court No. 3

c. If the case is in Kosciusko Superior Court No. 2, it must be transferred to:

1. Kosciusko Superior Court No. 3

2. Kosciusko Circuit Court

3. Kosciusko Superior Court No. 4

4. Kosciusko Superior Court No. 1

d. If the case is in Kosciusko Superior Court 3, it must be transferred to:

1. Kosciusko Superior Court No. 4

2. Kosciusko Superior Court No. 1

3. Kosciusko Circuit Court

4. Kosciusko Superior Court No. 2

e. If the case is in Kosciusko Superior Court No. 4, it must be transferred to:

1. Kosciusko Superior Court No. 2

2. Kosciusko Superior Court No. 3

3. Kosciusko Superior Court No. 1

4. Kosciusko Circuit Court

If none of the judges of the transferee courts are able to hear the case, the Chief Judge of the

administrative judicial district of which Kosciusko County is a member must appoint a special

judge from the other full-time judicial officers within the district. If the Chief Judge of the

administrative judicial district is unable to make the appointment, the district judge, who is not a

judicial officer in Kosciusko County, with the most time of judicial service, shall make the

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appointment. In the event the full-time judicial officer presiding in a civil case concludes that the

unique circumstances presented in the proceeding require appointment by the Indiana Supreme

Court of a special judge, the presiding full-time judicial officer may request the Indiana Supreme

Court for an appointment.

The appointed full-time judicial officer under this local rule must accept the case unless:

a. Disqualified under the Code of Judicial Conduct;

b. Ineligible under the Trial Rules; or

c. Excused by the Indiana Supreme Court.

LR43–AR15-3 Court Reporter Services

(A) Definitions. The following definitions shall apply under this local rule:

(1) A Court Reporter is a person who is specifically designated by a court to

perform the official court reporting services for the court including preparing a

transcript of the record.

(2) Equipment means all physical items owned by the court or other governmental

entity and used by a court reporter in performing court reporting services.

Equipment shall include, but not be limited to, telephones, computer hardware,

software programs, disks, tapes, and any other device used for recording and

storing, and transcribing electronic data.

(3) Work space means that portion of the court’s facilities dedicated to each court

reporter, including but not limited to actual space in the courtroom and any

designated office space.

(4) Page means the page unit of transcript which results when a recording is

transcribed in the form required by Indiana Rule of Appellate Procedure 7.2.

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

made as required by Indiana Rule of Trial Procedure 74.

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

to work during any given work week. Depending on the particular court, these

hours may vary from court to court within the county but remain the same for

each work week.

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

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

(8) Overtime hours worked means those hours worked in excess of forty (40) hours

per work week.

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

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

Wednesday through Tuesday, Friday through Thursday.

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

Court may also mean all of the courts in Kosciusko County.

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

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

court.

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

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

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

transcript that is paid for by a private party.

(14) Expedited transcript means a transcript that is requested to be prepared from

within 48 hours to five (5) days, depending upon the size of the transcript.

(B) Salaries and Per Page Fees.

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

control, direction and direct supervision of their supervising court during any

regular work hours, gap hours, or overtime hours. The supervising court shall

enter into a written agreement with the court reporters which outlines the manner

in which the court reporter is to be compensated for gap and overtime hours, i.e.

monetary compensation or compensatory time off regular work hours.

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

county indigent transcript shall be $5.50 per page until further order of the Courts.

The court reporter shall submit a claim directly to the county for the preparation

of any county indigent transcripts.

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

state indigent transcript shall be $5.50 per page until further order of the Courts.

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

private transcript shall be $5.50 per page.

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

expedited transcript is $6.00 per page.

(6) A minimum fee up to $40.00 is permissible.

(7) The maximum per-page-fee a court reporter may charge for copies is $1.50 per

page.

(8) An additional labor charge approximating the hourly rate based upon the court

reporter’s annual court compensation may be charged for the time spent binding

the transcript and the exhibit binders depending on the size of the transcript.

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

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

transcripts to the Indiana Supreme Court Office of Judicial Administration. The

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

Administration.

(C) Private Practice.

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

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

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

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the court equipment for such purpose, the court and the court reporter shall enter into a

written agreement which must, at a minimum, designate the following:

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

supplies;

(b) the method by which records are to be kept for the use of equipment, work

space and supplies; and

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

use of equipment, work space and supplies.

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

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

work shall be conducted outside of regular working hours.

LR43-TR64-4 Judicial Sales of Land

(A) In the case of any judicial sale of land, including without limitation mortgage and

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

creditors, guardians or trustees, or partition sale, the judgment creditor, person seeking

the sale, or officer conducting the sale to procure a qualified title opinion or a title

insurance policy from a title insurance company authorized to do business in Indiana with

respect to the interest of the person whose land is being sold.

(1) The policy must be conditioned to cover the purchase price at the sale and

may be given with any necessary exclusions.

(2) The opinion or policy shall run to all parties interested in the litigation and

to any purchaser or purchasers at the sale.

(3) The opinion or policy or copy thereof shall be available for inspection in

the court from which the sale is being conducted or in the office of the

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

made available for inspection at the sale.

(4) Expenses of the opinion or policy shall be taxed as costs like other

expenses of the sale and paid from the first proceeds of the sale.

(5) The opinion or policy shall not cover defects arising in the conduct of the

sale.

(B) The Court in its discretion may, in the proper case, on motion duly made grant

relief from the strict requirements of this order.

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LR43 –FL-5 Child Custody Action

(A) Each party, who is a parent of a minor child(ren) with the other party in a DC

action, shall complete the 4-Hour Online Co-Parenting/Divorce Class located at

www.onlineparentingprograms.com. Upon completion of the online program, parties are

ordered to download the Certificate of Completion and file the same with the court. Each

party shall pay the requisite fees for participation.

(B) Each parent in a JP case where the finding of paternity occurs after January 1,

2021, and all cases involving the establishment or enforcement of support shall, within

thirty (30) days of filing of a Petition to Establish Paternity or Petition to Establish or

Enforce Support based upon any in-hospital paternity affidavit signed by the parties, OR,

within thirty (30) days of the parties’ receipt of a genetic testing result which evidence

that Father is, in fact, the biological father, shall each:

(1) Log onto www.uptoparents.org, click the button entitled “Start New Use”,

complete Step 1 and 2 of the workshop.

(2) Merge their chosen Commitments into a set of Agreed Commitments (the

ones they mutually chose) by trading their usernames from the website;

keeping their passwords confidential.

(3) Complete and print a Certificate of Completion and bring it to and file

with the Clerk of the Courts at the next scheduled court hearing.

LR43 –AR-6 Court Files

(A) Court files will not be removed from the Kosciusko County Justice Building

without the express written consent of the Clerk of the Court and the giving of a

receipt for such file if consent is given.

(B) Routine court filings shall be made in the Clerk’s Office and left with the Clerk

for delivery to the appropriate Court.

(C) Attorneys may direct filings with the Court; however, the Court file must be

secured by the attorney from the Clerk’s Office and a sign-out sheet signed by the

attorney requesting the file for direct filing. After completing the direct filing, the

file will either be left with the Court or in the case of probate filings, personally

returned by the attorney to the Probate Clerk.

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LR43-AR-8 Kosciusko County Problem Solving Court Fees

Those persons participating in a Kosciusko County Problem Solving Court may be assessed

fees in accordance with the following SCHEDULE OF FEES, pursuant to the authority granted

by Indiana Code 33-23-16-23:

1. A Problem Solving Court administration fee of $100.00 due one time upon admission to

a Problem Solving Court.

2. A Problem Solving Court user fee of $50.00 per month for every month that an individual

participates in a Problem Solving Court, beginning with the second month of

participation.

3. A Problem Solving Court transfer fee of $25.00 per participant per transfer.

LR43-AR-9 Transfer of Cases

The judge in any Kosciusko Court, by appropriate Order entered in the Record and Judgment and

Orders, may transfer and reassign to any other court of record in the county with jurisdiction to

hear the matter in any pending civil case, subject to acceptance by the receiving court.

LR43-AR-10 Judge Pro Tempore

The Judge of the Kosciusko Circuit Court or any Kosciusko Superior Court, may, at any time,

act as Judge in another Superior Court or the Kosciusko Circuit Court as Judge Pro Tempore,

and act in any matter as if the Judge acting as a Pro Tempore was an elected Judge of the Court

in which said Judge so acts.

LR43-MH-11 Application for Emergency Detention for Treatment

of Mentally Ill Individuals

Any application for emergency detention for treatment of mentally ill individuals shall

comply with Indiana Code 12-26-5-1 and Indiana Code 12-26-5-2.

A judicial officer authorized to issue a warrant for arrest may, after proper application

and after making a determination that emergency detention is necessary, endorse an application

made pursuant to Indiana Code 12-26-1-2 in any of the following manners:

1. By signing the application;

2. In a non-adversarial, recorded hearing before the judge;

3. Orally on a recorded line by telephone or radio;

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4. In writing by facsimile transmission (FAX); or

5. In a writing by electronic mail or other electronic transmission.

If the application is made orally by telephone or radio, the applicant shall recite the facts

required by Indiana Code 12-26-5-1 under penalty for perjury and shall read to the judge the

entire contents of the application. The judge may direct the applicant to modify the terms of the

emergency detention. If the judge agrees to the emergency detention, the judge shall direct the

applicant to sign the judge’s name to the application and enter the time of its issuance.

LR43-AR-12 Evidence Handling, Retention and Disposition

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. Retention Periods for Evidence Introduced in All Non-criminal Proceedings.

1. All models, diagrams, documents, or material offered or admitted in evidence or

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

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

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

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

subsequent appeal and termination, whichever is later.

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

or stenographic notes as provided in Administrative Rule 7.

3. Courts should be encouraged to photograph as much evidence as possible, and courts

and parties are reminded of the requirements of Appellate Rule 29.

C. Retention Periods for Evidence Introduced in Criminal Misdemeanor, Level 6 Felonies,

and Attempts.

1. All models, diagrams, documents, or material offered or admitted in evidence or

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

by the parties offering them in evidence except as otherwise ordered by the court, three (3) years

after the case is dismissed, the defendant found not guilty, or the defendant is sentenced, unless

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

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

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whichever is later, unless an action challenging the conviction or sentence, or post-conviction

action, is pending.

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

or stenographic notes as provided in Administrative Rule 7.

3. Courts should be encouraged to photograph as much evidence as possible, and courts

and parties are reminded of the requirements of Appellate Rule 29.

D. Retention Periods for Evidence Introduced in Level 1-5 Felonies and Attempts.

1. All models, diagrams, documents, or material offered or admitted in evidence or

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

by the parties offering them in evidence, except as otherwise ordered by the court, twenty (20)

years after the case is dismissed, the defendant found not guilty, or the defendant is sentenced,

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

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

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

post-conviction action, is pending.

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

or stenographic notes as provided in Administrative Rule 7.

3. Courts should be encouraged to photograph as much evidence as possible, and courts

and parties are reminded of the requirements of Appellate Rule 29.

E. Retention Periods for Evidence Introduced in Murder, Life Without Parole, and Death

Penalty Cases.

1. All models, diagrams, documents, or material offered or admitted in evidence or

pertaining to the case placed in the custody of the court reporter should be retained for the

lifetime of the defendant in cases where the defendant is found guilty. All models, diagrams,

documents or material offered or admitted in evidence or pertaining to the case placed in the

custody of the court reporter as exhibits shall be taken away by the parties offering them in

evidence, except as otherwise ordered by the court, twenty (20) years after the case is dismissed

or the defendant found not guilty, unless an appeal is taken. If an appeal is taken, all such

exhibits shall be retained by the court reporter for twenty (20) years from the termination of the

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

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

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

or stenographic notes as provided in Administrative Rule 7.

3. Courts should be encouraged to photograph as much evidence as possible, and courts

and parties are reminded of the requirements of Appellate Rule 29.

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F. Non-documentary and Oversized Exhibits.

1. 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 trial court administrative agency during the

appeal. Such exhibits shall be briefly identified in the transcript where they were admitted into

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

2. Under no circumstances should guns, drugs, currency, or other dangerous or valuable

items be included in appellate records.

G. Biologically Contaminated Evidence.

A party who offers biologically contaminated evidence must file a pretrial notice with the

trial court and serve all the parties so that the court may consider the issue and rule appropriately

before trial. A party may show contaminated evidence or pass photographs of it to jurors, but no

such evidence, however contained, shall be handled or passed to jurors or sent to the jury room

H. Notification and Disposition.

1. In all cases, the court shall provide actual notice, by mail (including e-mail), to all

attorneys of record and to parties only if unrepresented by counsel, that the evidence will be

destroyed by a date certain if not retrieved before that date. Counsel and parties have the duty to

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

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

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

shall be given to the court reporter by the party receiving and removing the evidence. The

receipt will be made a part of the court file.

2. In all cases, evidence which is not taken back after notice should be disposed of by the

sheriff on the court’s order. The sheriff should be ordered to destroy evidence if its possession is

illegal or if it has negligible value. Evidence of some value should be auctioned by the sheriff

with proceeds going to the county general fund.

3. Notwithstanding any provision of this rule to the contrary, the Judge of the Kosciusko

Circuit Court and the Judges of the Kosciusko Superior Courts shall have the authority to order

the destruction of any evidence that is compromised by age, damage, lack of case identifiers or

inadvertent destruction.

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JURY RULES

LR43-JR-1 Assembly of the Petit and Grand Jury Pools

LR43-JR-2 Random Draw

LR43-JR-3 Summoning Jurors

LR43-JR-1 Assembly of the Petit and Grand Jury Pools

The judges of the trial courts shall administer the jury assembly process. The judges may

appoint clerical personnel to aid in the administration of the jury system. Any person appointed

to administer the jury assembly process is a jury administrator. The Circuit Court jury

administrator shall, with the assistance of the County Clerk and Systems Administrator, compile

the jury pools annually on or before November 15 of each calendar year (the pool to be used for

the following calendar year) by selecting names from the lists approved by the Supreme Court

annually from the panel of potential jurors derived from the Kosciusko County portion of the

Statewide Master Jury List reflecting the combined records of the Bureau of Motor Vehicles and

Department of Revenue or such additional records as may be designated. Prospective jurors

shall not be drawn from bystanders or any source except the jury pool.

LR43-JR-2 Random Draw

The jury administrator shall randomly draw names from the jury pool, as selected by JR Rule 1,

as needed to establish jury panels for jury selection.

LR43-JR-3 Summoning Jurors

Jurors in, the Kosciusko County Circuit and Superior Courts shall be summoned using a Two

Tier Notice and Summons procedure.

A. Not later than seven (7) days after the date of the drawing of names from the jury pool, the

jury administrator shall mail to each person whose name is drawn a juror qualification form, and

notice of the period during which any service may be performed. The jury administrator may

send summons at a later time. If the jury administrator sends the jury qualification form and

notice first, the jury administrator shall summon prospective jurors at least one (1) week before

service.

B. The summons shall include the following information: directions to court, parking, public

transportation, compensation, court policies regarding the use of electronic communication

devices (i.e. cell phones, smart phones, etc.), attire, meals, and how to obtain auxiliary aids and

services required by the Americans with Disabilities Act. The judge may direct the jury

administrator to include a questionnaire to be completed by each prospective jurors.

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C. A judge may order prospective jurors to appear upon less notice when, in the course of jury

selection, it becomes apparent that additional prospective jurors are required in order to complete

jury selection.

D. A judge may authorize the jury administrator to use technological programs for receiving

responses to juror qualification forms or to supplement information provided to jurors in the

notice of selection and summons. The judge may authorize automated telephone services or

web-based programs which include appropriate verification, such as juror identification numbers,

PIN numbers and passwords. The judge must ensure that jurors who are unable or unwilling to

use these technological programs are able to complete the proper forms and receive the above-

required information by contacting the jury administrator.

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