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Ind. County Local Rule: lagrange-local-rules

lagrange-local-rules

activein force · 2023-01-01 – presentcompiled-edition

LAGRANGE SUPERIOR AND CIRCUIT COURTS

LOCAL RULES OF PRACTICE

Updated January 1, 2023

Table of Contents

LR44-TR 00-1 Scope of Rules

LR44-TR 3.1-2 Withdrawal of Appearance by Counsel

LR44-TR 5-3 Service and filing of pleadings; court office mailboxes; submission of

proposed orders

LR44-TR 53.5-4 Continuances

LR44-TR 69-5 Procedure for Proceeding Supplemental

LR44-TR 00-6 Termination of Counsel’s Representation in Dissolution of Marriage

Actions

LR44-TR 00-7 Bail Policy and Schedule

LR44-TR 00-8 Dress and Conduct

LR44-AR1-9 Caseload Allocation Plan

LR44-CR00-1 Criminal Discovery

LR44-CR2.2-10 Criminal Case Assignment

LR44-CR2.2-11 Criminal Case Reassignment

LR44-TR79-12 Special Judge Assignment in Civil Cases

LR44-AR 15-13 Court Reporters

LR44-AR 00-14 Removal of files

LR44-FL 00-15 Local Rules Relating to Dissolution of Marriage

LR44-JR 4-16 Procedure for Summoning Jurors

LR 44-AR00-17 LaGrange County Court Drug and Alcohol

Program-Schedule of Fees

LR44-AR00-17 Court Building Security Order

LR 44-AR00-19 LaGrange County Drug Court Schedule of Fees

LR44-TR 00-1 Scope of Rules

Except as otherwise provided, these rules govern the procedure and practice in all cases,

including criminal, civil, and juvenile, filed or pending in the LaGrange Superior and Circuit

Courts.

LR44-TR 3.1-2 Withdrawal of Appearance by Counsel

(A) Written motion and compliance with T.R. 3.1. Permission to withdraw an appearance

by counsel shall be requested by written motion. Permission to withdraw shall be

given only after the petitioning attorney has complied with the requirements of T.R.

3.1 (E), including a certification of the last known address and telephone number of the

party, subject to the confidentiality requirements of T.R. 3.1.

(B) Motions filed prior to the appearance of other counsel: Permission to withdraw shall be

given only after the petitioning attorney has given his/her client at least 10 days written

notice of the intent to withdraw. A copy of the written notice shall be attached to the

petition to withdraw. The written notice to the client shall explain the possible effects

of failure to secure new counsel and shall set forth any hearing or trial dates and any

pleading, discovery or other pre-trial deadlines.

(C) Motions filed subsequent to the appearance of other counsel: Motions to withdraw an

appearance filed subsequent to the proper appearance of other counsel shall constitute

a waiver of the requirements of paragraph (B) of this rule.

(D) Criminal cases; withdrawal due to defendant’s failure to fulfill an obligation with

respect to counsel’s fee: The requirements of paragraphs (A), (B) and (C) of this local

rule are in addition to the requirements and provisions of I.C. 35-36-8-2 in criminal

cases. Absent circumstances as set forth in I.C. 35-36-8-2(b), no attorney in a criminal

case should expect permission to withdraw the attorney’s appearance within thirty (30)

days of, and at any time after, the omnibus date.

LR44-TR 5-3 Service and filing of pleadings; court office mailboxes;

submission of proposed orders

(A) Service at mail slot in offices of the Clerk: Any attorney choosing to use the mail slots

made available in the offices of the Clerk shall be considered to have designated that

attorney’s mail slot as a suitable place for delivery and service of pleadings pursuant to

T.R. 5(B) (d).

(B) Pleadings, document and other papers; Unless otherwise permitted by these rules on

authorized by the judicial officer assigned to a particular case, filing must be electronic

using the appropriate E-filing Service Provider certified to participate in Indiana E-filing System (IEFS). All motions, petitions, and requests for action by the Court shall

be accompanied by an original proposed order.

(1) Non-electronic filings must include sufficient copies for each and every party

required to receive notice, and an extra copy for the Court.

LR44-TR 53.5-4 Continuances

(A) Written notices: A Motion for Continuance, unless made on record during the hearing

of the cause or otherwise specifically authorized by the Court, shall be in writing and

signed. Such motion shall comply in all respects with T.R.53.5 of the Indiana rules of

Trial Procedure.

(B) Scheduling conflicts: A Motion for Continuance based on a scheduling conflict with

another cause shall specify the Court, the case name, the cause number, the date the

hearings or trials in both cases was set, and the type of conflicting hearing or trial.

(C) Duty to confer: Before requesting a continuance, the moving party shall confer with

counsel for all other parties and with any parties appearing pro se, to determine any

objections and to ascertain dates for rescheduling when all parties are available. Such

objections and alternative dates shall be reported in the motion for continuance.

LR44-TR 69-5 Procedure for Proceeding Supplemental

Unless the participation of the Judge or Magistrate in the hearing is specifically requested by

the judgment holder or judgment debtor, the hearing on a Proceeding Supplemental will be

conducted informally by the parties, without the presence of the Judge or Magistrate.

Proceeding Supplemental hearing with the Judge will be conducted in the courtroom, but

unless record is requested by any party, the Proceeding Supplemental hearing will not be on

record. The hearings will be scheduled by the Court. Counsel shall inform court staff of the

result of the Proceeding Supplemental.

LR44-TR 00-6 Termination of Counsel’s Representation in Dissolution of

Marriage Actions

(A) Unless otherwise indicated by counsel, upon the entry of a final decree of dissolution

of marriage, legal separation or paternity, or and order of permanent modification of

any custody, visitation 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 in accordance with the Local Rules of Practice of

the LaGrange Superior and Circuit Courts; or

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

perfected pursuant to the Indiana Rules of Trial Procedures and/or the Indiana

Rules of Appellate Procedure; or

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

of Trial Procedure and/or the Indiana Rules of Appellate Procedure.

(B) Counsel for initiating and responding parties shall be required to file a new appearance

in any post dissolution action.

(C) The service of any post dissolution pleadings upon any party not represented by

counsel pursuant to this local rule shall be made upon that person pursuant to the

Indiana Rules of Trial Procedure.

(D) Any copy served upon original counsel will be deemed to be a matter of professional

courtesy only.

LR44-TR 00-7 Bond Schedule and Conditions of Posting Bond in Criminal

Cases

(A) Bond schedule: Unless otherwise ordered by the Court, individuals arrested

and taken into custody will be allowed to post bond prior to their initial hearing

in accordance with the attached bond schedule and subject to the conditions

and time frames set forth in the schedule.

(B) No contact as a condition of bond on crimes of violence: Unless otherwise

ordered by the Court, it shall be a condition of pretrial release and bond for any

individual arrested for a felony offense involving either violence against an

individual or a threat of violence against an individual, including but not

limited to domestic violence, that the person bonding be prohibited from

having any contact whatsoever, directly or indirectly, with the alleged victim of

the crime and that the person bonding be prohibited from possessing any

firearms or deadly weapons.

(C) Time for posting bond: Unless otherwise ordered by the Court, or reasonably

required by the LaGrange County Sheriff, individuals shall be entitled to post

bond as soon as practical following arrest and processing except:

1. Individuals who are under the influence of alcohol, drugs or controlled substances.

In accordance with the State statutes and the policy of the LaGrange County

Sheriff, any individual reasonably believed to be under any influence of alcohol,

drugs or controlled substances when arrested may be detained without bond until

he or she is no longer under the influence.

2. Family Violence:

Anyone arrested for an offense involving family violence (as defined in I.C. 34-6-

2-34.5 to include attempting, threatening or causing physical harm to another

family or household member, placing a family or household member in fear of

physical harm, or causing a family or household member to involuntarily engage

in sexual activity by force, threat of force, or duress) shall not be allowed to post

bond until the earlier of his/her initial hearing or 24 hours after arrest. The Court

finds this “cooling off” period is needed because of the unique nature of family

violence, which often involves high emotions between individuals who live in

close physical proximity.

Bond Schedule

The following is the Standard Bond Schedule for criminal defendants. It is understood that the

amounts shown are presumptively reasonable bail amounts for the grade of offense indicated in those

instances where arrest occurs without a warrant, or where no bond is endorsed on the warrant. The judge

may, in any given case, fix a higher or lower bond when issuing a warrant or at a probable cause or

initial hearing.

(A) This rule supersedes all prior bail orders and schedules issued by the LaGrange Circuit Court and

LaGrange Superior Court.

(B) The following bail schedule determines the presumptively reasonable bail that shall be imposed

the schedule does not apply when bond is otherwise set by the court.

OFFENSE AMOUNT OF BOND

Murder No Bond

A, Level 1 or Level 2 Felony Set by the Court at Initial Hearing

B, Level 3 Felony $75,000.00

Level 4 Felony $30,000.00

C, Level 5 Felony $10,000.00

D, Level 6 Felony $4,000.00

Misdemeanor $2,000.00

Manufacture or Sale of Controlled Substances Set by the Court at Initial Hearing

Battery – regardless of level of offense Set by the Court at Initial Hearing

and Set by the Court at Initial Hearing

crimes Alleged to have been committed

by violence or force or threat of force,

to include Criminal Confinement, Intimidation

and Invasion of Privacy

Probation Violations Set by the Court at Initial Hearing

Any Offense Allegedly Committed while Set by the Court at Initial Hearing

having other charges or Probation Violations

pending

(As amended effective January 1, 2023)

(C) Bail may be posted in any of the following ways:

1. Depositing cash or securities in an amount equal to the bail; or

2. Executing a bail bond with sufficient solvent sureties as required by Indiana Code 35-33-8; or

3. Executing a bond approved by the Court secured by real estate located in LaGrange County,

Indiana, where the true cash value as determined by the LaGrange County Assessor for tax

purposes, less encumbrance, is at least equal to two (2) times the amount of bail; or

4. Providing any other bond or surety as may be approved by the Court.

(D) Notwithstanding Subsection (C) above, if the Defendant is:

1. Charged with a Class D Felony, Level 6 Felony, or a Misdemeanor;

2. Arrested without a warrant;

3. A resident of the State of Indiana; and is

4. Not charged with a crime of violence involving personal injury or the use of a firearm,

then bail for the Class D Felony, Level 6 Felony, or Misdemeanor may also be posted by depositing

ten percent (10%) of the amount of the bail with the LaGrange County Clerk or the LaGrange County

Sheriff. The Court reserves the right, in its discretion, to approve the posting of ten percent (10%)

cash bail in all cases.

(E) Bail for individuals arrested without a warrant shall be determined by the bail for the highest count

charged. Bail shall not be required for additional counts of equal or lesser potential punishment.

(F) Any cash bail posed shall be posted in the Defendant’s name only and shall be considered the

personal asset of the Defendant. Cash bail may be applied toward LaGrange County Court Services

fees, probation user’s fees, restitution, public defender fees, jail reimbursement, fines, costs,

extradition fees, and any other lawful amounts as determined by the Court. The remainder shall be

released to the Defendant when the personal appearance bond is released. The Sheriff shall advise

any individual seeking to post cash bail for a Defendant of these conditions; however, failure to so

advise shall not constitute a waiver of these conditions.

(G) In addition to any cash bail posted, all applicable statutory fees shall be added to the amount of bail

and are not included in the amount listed above.

(H) Individuals arrested without a warrant for a Class D Felony, Level 6 Felony, or a Misdemeanor may

post bail according to this bail schedule.

(I) All individuals arrested without a warrant shall be brought before the Court on the day of arrest if the

Court is in session and the person is booked in the LaGrange County Jail prior to 1:00 p.m. or on the

next day the court is in session following the arrest.

(J) No individual shall be released or brought before the Court while intoxicated.

(K) Juveniles (individuals under 18 years of age) shall not be held to bail and shall be released to the

recognizance of a parent or guardian, unless the crime charged is one listed in I.C. 31-30-1-4 or by

further Order of the Court.

(L) The arresting officer or the prosecuting attorney may seek a deviation from the schedule in the event

of extenuating circumstances.

(M) The minimum bond for a non-resident of Indiana, regardless of the level of offense, is $7,500.00.

(Amended effective January 1, 2023)

STATE OF INDIANA ) IN THE LAGRANGE CIRCUIT COURT

) SS:

COUNTY OF LAGRANGE ) IN THE LAGRANGE SUPERIOR COURT

STATE OF INDIANA CAUSE NO.

V.

(DEFENDANT)

CASH BAIL BOND AGREEMENT

The above-named Defendant acknowledges himself or herself bound to the State of Indiana in the

sum of ____________________________________________________ Dollars ($________________).

The Defendant agrees to appear before the Court on the ____ day of ________________, 20____, at

_______________ o’clock _____.M. to answer a charge(s) of

____________________________________________________________________________________

_________________________________________________________________________,

and from day to day thereafter when ordered by the Court to do so, and abide by the orders of the Court

until this cause is determined.

If the Defendant fails to appear as required or is convicted, the Court may retain all or a part of the

cash or securities paid by the Defendant to pay fines, costs, fees, restitution, publicly paid costs of

representation, costs of extradition, and the fees required by Ind. Code § 35-33-8-3.2(d). Additionally, if

the Defendant fails to appear as required, the Court may order the forfeiture of the full amount of the

bail bond and the Court may immediately enter a judgment against the Defendant for the full amount of

the bail bond and the Clerk shall record the judgment against the Defendant.

The Defendant and, if applicable, the person posting the cash bail for the Defendant, are notified that

pursuant to local court rule all cash bail shall be posted or receipted in the Defendant’s name only and

shall be considered the personal asset of the Defendant only and not the personal property of the person

posting the cash bail or who loans the funds to the Defendant so that the cash bail may be posted.

Further, if the Defendant fails to appear, the Defendant’s deposit may be forfeited under Ind. Code § 35-

33-8-7 or may be retained under Ind. Code § 35-33-8-3.2(b).

Dated this________day of ____________________, 20_______.

__________________________

Defendant’s Signature

LR44-TR 00-8 Dress and Conduct

(A) Lawyers and litigants shall be appropriately attired during all court

appearances.

(B) 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.

(C) No person shall bring food or beverage into any courtroom without the prior approval of the

judge of that court.

(D) No cell phones, pagers or any other personal electronic devices shall be allowed to be brought

into the Courthouse during regular business hours. This prohibition shall not apply to attorneys,

county employees, or individuals exempted from this restriction by express consent of the Judge.

LR44-AR1-9 Caseload Allocation Plan

A. Criminal, Infraction and Ordinance Violation Cases

Criminal cases shall be filed pursuant to LR44-CR2.2-10. All infraction and ordinance violation cases shall be

assigned to the Superior Court.

B. Probate and Related Cases

Estate, Guardianship, and Trust cases shall be assigned to the LaGrange Circuit Court. Adoption cases shall be

equally divided between the LaGrange Circuit and Superior Courts.

C. Juvenile Cases

All juvenile cases including paternity cases shall be assigned to the LaGrange Circuit Court.

D. Small Claims Cases and Evictions under EV cause numbers

All small claims and evictions under EV cause numbers cases shall be assigned to the LaGrange Superior Court.

E. Reciprocal Support Cases

All reciprocal support cases shall be assigned to the LaGrange Circuit Court.

F. All Other Civil Case Types

Cases other than those mentioned in the preceding paragraphs may be filed in either Circuit Court or Superior

Court, at the discretion of the filing party. However, nothing in this rule shall prohibit a judge of said Court

from transferring a case from that Court to the other as allowed by statute, or rule of trial procedure, or to ensure

an even distribution of judicial workload between the courts of record in the county.

G. Sitting as Judge

A Judge of a Court in LaGrange County may sit as Judge of all other Courts in LaGrange County in any manner,

as if the elected Judge of that Court, with the consent of the Judge of that Court.

H. Re-filed Cases

Except when a change of venue is necessary, whenever a case is dismissed by action of the originating party,

the case, if re-filed, must be assigned to the same court that received the original case.

I. Caseload Review

The Judges of the LaGrange Circuit and Superior Court shall meet during the months of July and January, of

each year to review the caseloads of the Courts. They shall, at those meetings, make and transfer of cases which

they deem necessary to provide for the more expeditious handling of cases in LaGrange County and to help to

alleviate any disparity in the Courts’ caseload.

Further, the Judges shall meet to discuss caseloads and make transfers at such other times as either Judge may

deem necessary.

(As amended effective January 1, 2023)

LR43-DR00-1 Criminal Discovery (Automatic)

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 filing 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 recoded statements, memoranda containing substantially verbatim

reports of their oral statement and a list of memoranda reporting or summarizing their oral

statements.

a. The State may refrain from disclosing if there is a food faith belief that the disclosure of the

witness’ address may jeopardize the safety of the witness and the witness’ immediate family.

If the State does not disclose the witness’ address the State shall make the witness available

for deposition or interview by defense counsel upon reasonable notice. Counsel shall

reasonably attempt to resolve disputes that arise from this rule before seeking court

intervention.

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

accused or by a co-defendant(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.

(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 accuse as to the offense charged or which

would tend to mitigate the accused’s punishment.

(8) Any evidence pertaining to Evidence Rule 404(b). 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 name 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.

(E) Continuing Discovery Required

(1) Discovery is a continuing order through trial. Each party shall promptly provide any new

material for which disclosure is required under this rule.

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

an extension of time.

(3) A Court may make more specific orders for additional discovery after a hearing on any

appropriate motion filed by either party.

(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. (As amended effective

January 1, 2023).

LR44-CR2.2-10 Criminal Case Assignment

A. Initial Case Assignment.

(1) All cases arising under Indiana Code Title 9, or in the instance of cases containing multiple

counts, where any of the counts arises under Indiana Code Title 9, shall be filed in the LaGrange

Superior Court.

(2) All cases arising under Indiana Code 35-46-1-5 shall be filed in the LaGrange Circuit Court.

(3) Where a conflict of interest exists, or other good cause is shown, the presiding judge of either

court may permit the filing of that case so as to avoid the conflict.

(4) All other criminal cases shall be filed first with the Clerk of the Court. The Clerk shall docket

cases with each court by using a system of “lot” or random selection while ensuring that an equal

division of the felony and misdemeanor cases exist between the Courts.

(5) In the event a cause is dismissed, it may later be re-filed in the same court.

LR44-CR2.2-11 Criminal Case Reassignment

A. Pursuant to Ind. Criminal Rule 2.2(D) and Ind. Criminal Rule 13(C), in the event a change

of judge is granted, or a disqualification or recusal is entered, the case shall be reassigned as follows:

(1) Circuit Court: When it becomes necessary to assign another Judge in any felony or misdemeanor

proceeding in the LaGrange Circuit Court, the case shall be reassigned to the LaGrange Superior

Court.

(2) Superior Court: When it becomes necessary to assign another Judge in any felony or misdemeanor

proceeding in the LaGrange Superior Court, the case shall be reassigned to the LaGrange Circuit

Court.

(3) Alternative: In the event a reassignment cannot be accomplished pursuant to the rules set forth

above, then the Clerk shall appoint an eligible Judge. The successor Judge shall be assigned by the

Clerk from a list of the full-time judicial officers from contiguous counties and counties within the

administrative district (LaGrange, Noble, Steuben and DeKalb Counties) and Senior Judges.

B. Pursuant to Ind. Criminal Rule 13(D), in the event that the case is not transferred as provided

for herein, such case shall be certified to the Indiana Supreme Court for the appointment of a

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

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

Court of a Special Judge, this presiding Judge may certify the case to the Indiana Supreme Court

for the appointment of a Special Judge.

LR44-TR79-12 Special Judge Assignment in Civil Cases

In the absence of an agreement as to a particular special judge under Trial Rule 79 (D), the clerk of

the court shall select a special judge (on a rotating basis) from an alphabetical list of judges or

magistrates eligible under Trial Rule 79(J) from counties within the Judicial Administrative District of

which LaGrange County is a member.

In cases in which no judge is eligible to serve as special judge or the particular circumstance of a case

warrants selection of a special judge by the Indiana Supreme Court, the regular sitting judge may certify

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

(Amended effective December 2, 2013)

LR44-AR 15-13 Court Reporters

Court reporter services shall be governed by the following rules:

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 portions 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 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 of which the court reporter performs

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

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

county funds and is for the use of 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.

Salaries and Per Page Fees.

1. Court Reporters shall be paid an annual salary for time spent working under the control, directions 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 $4.50; the court reporter shall submit a claim directly to the county for the

preparation of any county indigent transcripts. Expedited transcript requests shall be charged no less

than $7.00 per page, where the transcript must be prepared within five (5) working days.

3. The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript

shall be $4.50.

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

private transcript shall be $4.50. If a party requests a copy of the transcript, the fee

per page shall be in the amount charged for copies by the Clerk of that Court.

5. 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 Division of State Court

Administration. The reporting shall be made on forms prescribed by the Division of State Court

Administration.

6. No transcripts shall be prepared during the Court Reporters’ regular hours or gap hours.

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 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 the 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 the

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.

(Amended effective June 15, 2016)

Local Rules Relating to Miscellaneous Administrative Procedures

LR44-AR 00-14 Removal of files

No Court files may be removed from the Courthouse by any attorney or employee or agent of

any attorney. The files may be signed for and examined in the Courthouse, or in the library of

the Circuit Court, after having duly been authorized through the offices of the Clerk or the

Courts.

After a case is decided and no appeals are taken, or after all appeals are completed, the Court

Reporter for that Court may give notice in writing to the party introducing the exhibit

providing a time within which the exhibit shall be removed from the custody of the Court

Reporter. If the party notified does not recover the exhibit within the time stated, the Court

Reporter may properly dispose of the same in any reasonable manner deemed appropriate by

the Court Reporter.

LR44-FL 00-15 Local Rules Relating to Dissolution of Marriage

1. There shall be filed in each dissolution of marriage preceding a

Statement of Assets and Liabilities which shall be on forms

substantially similar to the attached forms.

2. In the event that the parties cannot agree on assets, values, debts

and/or the proposed distribution, they shall note on the statement the

areas of disagreement and each party’s position.

3. The statement shall be filed at the earlier of the final pre-trial

conference or fourteen (14) days before the final hearing.

4. Statements of assets and liabilities shall not be required in those cases

where the parties have executed a property settlement agreement prior to the deadlines

fixed in paragraph C, nor in pro-se dissolution cases where the parties have no children

and have made a division of their assets.

5. In cases where the custody of minor children are involved unless

otherwise approved each party shall attend and show proof of

completion a parenting class before a final hearing shall be held, or a

settlement agreement shall be approved

IN RE: THE MARRIAGE OF: ______________________________________

CAUSE NO: ______________________________________________________

Statement of Assets and Liabilities

Asset Acquisition Lienholder & Real or Distribution to

Date & Cost Amount Personal Assets H/W

by H/W

Liabilities of the Parties

Creditor Description of Obligor(s) Current Payment Rate

Debt Balance

Husband Wife

Total Value of Property

Total Debts

Net Value

Proposed Equalization Husband to Wife: Wife to Husband:

Judgement

SIGNATURE(S)

_________________ ______________

PETITIONER DATE

_________________ _______________

RESPONDENT DATE

SO ORDERED THIS ________________day of __________________, 20__.

______________________________ ________________________

Lisa M. Bowen-Slaven, Judge William R. Walz IV, Judge

LaGrange Superior Court LaGrange Circuit Court

LR44-JR 4-16 Procedure for Summoning Jurors

(A) In accordance with Rule 4(b) of the Indiana Jury Rules, the Courts of LaGrange County

hereby select the two tier notice and summons options, which permits the Jury

Administrator to send the jury qualification form and notice first, and the summons to

prospective jurors at least one week before service.

(B) The Judges of the Courts of LaGrange County hereby appoint and designate the Clerk of

the LaGrange Circuit Court to act as the Jury Administrator.

(C) The Jury Administrator shall perform the duties prescribed under the Indiana Jury

Rules.

(D) The pool of jurors is to serve as a Jury pool for the Circuit and Superior Courts in

LaGrange County.

(E) As set forth in Rule 4, not later than seven (7) days after the date of drawing the names

from the master list, the Jury Administrator shall mail to each person whose name is

drawn a jury qualification form and a questionnaire to be completed by each prospective

juror.

(F) Further, as set forth in Rule 4, upon order of any Court, the Jury Administrator shall

summon prospective jurors for service.

LR 44-AR00-17 LaGrange County Court Drug and Alcohol

Program-Schedule of Fees

The following fees will be assessed for participants in the Alcohol and Drug Program:

Program fee $350.00

Administrative fee 50.00

LR 44- AR00-18 Court Building Security Order

Ind. Administrative Rule 19 requires “(e)ach court shall develop and implement a court security plan to

ensure security in court facilities’. The power to do so is derived in part from Indiana Constitution

Article 3§1 and Ind. Const. Art. 7. Ind. Code § 35-47-11.1-4(5) creates an exception to general rule

prohibiting a political subdivision from regulating the possession and carrying of firearms, etc.

The Judges of the LaGrange Circuit and Superior Courts (“the Courts”); in order to comply with the

requirements of Admin. R. 19 and to provide for the orderly operation of the Courts, the safety of the

public, the litigants, the witnesses, and the court staff; the Judges of the Courts have promulgated this

local court rule:

1. Anyone entering the locations listed below (collectively “the courtroom buildings’) must consent

to a search of their person, including any package, briefcase, or purse:

(a) the LaGrange County Courthouse;

(b) the LaGrange County Probation Department;

(c) any other location where a judicial officer of any of the Courts maintains an office;

(d) any other location where a judicial officer conducts court proceedings.

2. If a courtroom building has more than one entrance/exit, the Courts may designate one or more of

the entrances/exits to be used only for restricted purposes.

3. Unless exempt under Paragraph 6, below, anyone entering a courtroom building is prohibited from

having any of the following in his or her possession while in the courtroom building:

(a) a loaded or unloaded firearm;

(b) a weapon, device, taser (as defined in Ind. Code § 35-47-8-3) or electronic stun weapon (as

defined by I.C. § 35-47-8-1), equipment, chemical substance or other material, including a

knife, razor, box-cutter, and switchblade that in the manner it is used, or court ordinarily be

used, is readily capable of causing serious bodily injury; or

(c) a cell phone, camera, or other electronic device.

4. Anyone refusing to comply with this Order is to be denied entrance to the courtroom buildings.

5. Anyone violating this Order may be found to be:

(a) in direct contempt of court under I.C. §34-47-2, if the violation is willful and occurs in the

presence of a judicial officer; or

(b) in indirect contempt of court under I.C. § 34-47-3, if the violation is willful and occurs out of

the presence of a judicial officer.

6. The following individuals are exempt from this order:

(a) a law enforcement officer, as defined in I.C. § 35-31.5.2-185;

(b) a judicial officer, as defined in I.C. § 35-31.5-2-177.7

(c) a probation officer pursuant to I.C. § 11-13-1-1:

(d) an employee of a locally or regionally operated Community Corrections Program, who is

authorized to carry a firearm by his or her supervisor;

(e) any other person authorized by at least one (1) full-time judicial officer of the Courts shall be

exempt until at least one (1) full-time judicial offer of the Courts withdraw the exemption.

The judicial officers are to promptly provide the LaGrange County Sheriff with a copy of the

authorization or the withdrawal of the authorization.

7. Any person listed in Paragraph 6 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.

8. The statutes cited above may change from time to time. This local court rule shall automatically

refer to the relevant statutes in effect in effect at any given time.

This Court Building Security Order was adopted in accordance with the requirements of Ind. Trial Rule

81. Notice was given as required by T.R. 81(B). The order, as adopted, has been placed in the Record of

Judgments and Orders in the Office of the Clerk of the LaGrange Circuit Court. The order became

effective on September 24, 2017.

LR 44-AR00-19 LaGrange County Drug Court Schedule of Fees

The following fees will be assessed for participants in the LaGrange County Drug Court:

Initial Fee $100.00

Monthly Fee $50.00

(Adopted effective September 24, 2017)

Provenance

Source
www.in.gov
Retrieved
2026-10-02
Edition
supplied-in-28-46-lagrange-local-rules-2023-01-01
Content hash
42f129a3a00781088b29eeb01bf705479ea4db7dc3f8f0a212226d8c147c1549
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