IN · rules
Ind. County Local Rule: lake-local-rules
lake-local-rules
1
LAKE COUNTY LOCAL COURT RULES
(Updated January 1, 2026)
Contents
LAKE COUNTY RULES OF CIVIL PROCEDURE......................................................................................................... 5
LR 45-TR1-1 Scope and Title................................................................................................................................. 5
LR 45-TR10-2 Preparation of Pleadings, Motions and Other Papers.................................................................... 5
LR 45-TR5-3 Filing................................................................................................................................................. 6
LR 45-TR7-4 Motions............................................................................................................................................. 7
LR 45-TR3 Rule 5 Appearance by Attorney........................................................................................................... 7
LR 45-AR10-6 RULE STRICKEN BUT RETAINED FOR FUTURE USE......................................................................... 9
LR 45-TR53.5-7 Continuances--Extensions of Time to Answer............................................................................. 9
LR 45-TR26-8 Discovery...................................................................................................................................... 10
LR 45-TR16-9 Pre-trial Procedure....................................................................................................................... 11
LR 45-TR40-10 Trial Settings............................................................................................................................... 14
LR 45-TR6-11 Briefs............................................................................................................................................. 14
LR 45-TR43-12 Exhibits....................................................................................................................................... 14
LR 45-TR63-13 Courts......................................................................................................................................... 14
LR 45-TR75-14 En Banc Court............................................................................................................................. 15
LR 45-TR79-15 Appointment of Special Judge.................................................................................................... 15
CONFIDENTIAL INFORMATION AND ELECTRONIC FILING OF DOCUMENTS....................................................... 17
LR 45-A.R.9 (G)(1)-16 Confidential Information and Sealed Documents............................................................ 17
LR 45-A.R.16-17 Electronic Filing and Service..................................................................................................... 17
Lake County Rules of Family Law........................................................................................................................ 29
LR 45-FL00-1 Scope, Citation and Definition, Cooperative Approach and Liberal Construction................ 29
LR 45-FL00-2 Statement of Policy and Purpose.......................................................................................... 30
LR 45-FL00-3 General Obligations of Cooperation of Attorneys and Parties.............................................. 30
LR 45-FL00-4 Initial and Provisional Hearings............................................................................................. 34
LR 45-FL00-5 Mandatory Website Work for Parents.................................................................................. 34
2
LR 45-FL00-6 Co-Parenting Class................................................................................................................. 35
LR 45-FL00-7 Proof of Compliance.............................................................................................................. 35
LR 45-FL00-8 Parenting Plan Proposals....................................................................................................... 36
LR 45-FL00-9 Protocols after Initial Filing.................................................................................................... 38
LR 45-FL00-10 Requirements before Custody Evaluations........................................................................... 40
LR 45-FL00-11 Case Captioning..................................................................................................................... 41
LR 45-FL00-12 Form of Summons................................................................................................................. 41
LR 45-FL00-13 Preparation of Information Sheet for Family Court Pilot Project.......................................... 41
LR 45-FL00-14 Judges’ Notice........................................................................................................................ 41
LR 45-FL00-15 Financial Declaration Form................................................................................................... 42
LR 45-FL00-16 Indiana Child Support Guidelines................................................................................................ 44
LR 45-FL00-17 Preparation of Orders........................................................................................................... 44
LR 45-FL00-18 Sanctions............................................................................................................................... 45
LR 45-FL00-19 Attorney Fee Requests.......................................................................................................... 45
LR 45-FL00-20 Agreed Matters - Submission............................................................................................... 46
LR 45-FL00-21 Orders Excluding Parent from the Residence....................................................................... 46
LAKE COUNTY RULES OF PROCEDURE APPLICABLE TO ESTATES........................................................................ 46
L.R.45-P.R.00 Rule 1. ........................................................................................................................................... 46
L.R.45-P.R.00 Rule 2. ........................................................................................................................................... 46
L.R.45-P.R.00 Rule 3. ........................................................................................................................................... 47
L.R.45-P.R.00 Rule 4. ........................................................................................................................................... 47
L.R.45-P.R.00 Rule 5............................................................................................................................................ 47
L.R.45-P.R.00 Rule 6............................................................................................................................................ 47
L.R.45-P.R.00 Rule 7............................................................................................................................................ 47
L.R.45-P.R.00 Rule 8............................................................................................................................................ 48
L.R.45-P.R.00 Rule 9............................................................................................................................................ 48
L.R.45-P.R.00 Rule 10.......................................................................................................................................... 48
L.R.45-P.R.00 Rule 11.......................................................................................................................................... 48
L.R.45-P.R.00 Rule 12.......................................................................................................................................... 48
L.R.45-P.R.00 Rule 13.......................................................................................................................................... 49
L.R.45-P.R.00 Rule 14.......................................................................................................................................... 49
L.R.45-P.R.00 Rule 15.......................................................................................................................................... 49
L.R.45-P.R.00 Rule 16.......................................................................................................................................... 49
L.R.45-P.R.00 Rule 17.......................................................................................................................................... 49
L.R.45-P.R.00 Rule 18.......................................................................................................................................... 50
L.R.45-P.R.00 Rule 19.......................................................................................................................................... 50
L.R.45-P.R.00 Rule 20.......................................................................................................................................... 50
L.R.45-P.R.00 Rule 21.......................................................................................................................................... 50
L.R.45-P.R.00 Rule 22.......................................................................................................................................... 51
L.R.45-P.R.00 Rule 23. ......................................................................................................................................... 52
L.R.45-P.R.00 Rule 24.......................................................................................................................................... 52
L.R.45-P.R.00 Rule 25.......................................................................................................................................... 52
L.R.45-P.R.00 Rule 26.......................................................................................................................................... 52
L.R.45-P.R.00 Rule 27.......................................................................................................................................... 53
LAKE COUNTY RULES OF PROCEDURE APPLICABLE TO GUARDIANSHIPS........................................................... 54
LR 45-PR00-28..................................................................................................................................................... 54
LR 45-PR00-29..................................................................................................................................................... 54
LR 45-PR00-30..................................................................................................................................................... 54
LR 45-PR00-31..................................................................................................................................................... 54
LR 45-PR00-32..................................................................................................................................................... 55
LR 45-PR00-33..................................................................................................................................................... 55
LR 45-PR00-34..................................................................................................................................................... 55
LR 45-PR00-35..................................................................................................................................................... 55
LR 45-PR00-36..................................................................................................................................................... 56
LR 45-PR00-37..................................................................................................................................................... 56
LR 45-PR00-38..................................................................................................................................................... 56
LR 45-PR00-39..................................................................................................................................................... 56
LR 45-PR00-40..................................................................................................................................................... 56
LR 45-PR00-41..................................................................................................................................................... 56
LR 45-PR00-42..................................................................................................................................................... 57
LR 45-PR00-43..................................................................................................................................................... 57
LR 45-PR00-44..................................................................................................................................................... 57
LR 45-PR00-45..................................................................................................................................................... 57
LR 45-PR00-46..................................................................................................................................................... 57
3
4
LR 45-PR00-47..................................................................................................................................................... 57
LR 45-PR00-48..................................................................................................................................................... 58
LR 45-PR00-49..................................................................................................................................................... 58
LR 45-PR00-50..................................................................................................................................................... 58
LR 45-PR00-51..................................................................................................................................................... 59
LR 45-PR00-52..................................................................................................................................................... 59
LR 45-PR00-53..................................................................................................................................................... 59
LR 45-PR00-54..................................................................................................................................................... 59
LR 45-PR00-55..................................................................................................................................................... 59
LAKE COUNTY ALTERNATIVE DISPUTE RESOLUTION RULES............................................................................... 60
LR 45-ADR2.2-1 Applications and list of mediators.......................................................................................... 60
LR 45-ADR2.7-2 Civil cases................................................................................................................................ 61
LR 45-ADR00-3 Domestic relations cases........................................................................................................... 63
LAKE COUNTY CRIMINAL RULES......................................................................................................................... 65
L.R. AR1 (E) Local Rule for the Assignment of Criminal and Quasi Criminal Cases in all City, Town, County and
Criminal Division Courts in Lake County............................................................................................................. 65
LAKE COUNTY ADMINISTRATIVE RULES.............................................................................................................. 73
LR45-AR1-01 Plan for Allocation of Judicial Resources............................................................................ 73
LR 45-AR00-02 Priority of Bond Schedule...................................................................................................... 79
LR 45-AR 00-03 Lake Superior Court, County Division I and II, Court Administered Alcohol and Drug
Service Program Fee Schedule............................................................................................................................ 81
LR 45-AR 00-03.1 Lake Superior Court, County Division IV, Drug Court Program Fee Schedule................... 81
LR 45-AR 00-03.2 Lake Superior Court, Juvenile Division, Lake County Juvenile Family Recovery Court Fee
Schedule 82
LR 45-AR 00-03.3 Lake Superior Court, Criminal Division I, Community Transition Court Fee Schedule...... 82
LR 45-AR 00-03.4 Lake Superior Court, Criminal Division II, Community Therapeutic Intervention Court Fee
Schedule 83
LR 45-AR 00-03.5 Lake Superior Court, County Division III, Veteran’s Treatment Court Fee Schedule........ 83
LR 45-AR 00-04 Judicial Transfer......................................................................................................................... 83
LR 45-AR 15-05 Court Reporter Services.................................................................................................... 84
LAKE COUNTY RULES OF CIVIL PROCEDURE
LR 45-TR1-1 Scope and Title
Scope. These rules shall apply in the Lake Circuit Court and the Superior
Court of Lake County, Civil Division, the Juvenile Division and in both the
Circuit Court and Superior Court Probate Divisions.
These rules shall also apply to all civil cases in the Superior Court,
County Division that are not designated as SC, IF or OV. However, L.R.
45-T.R. 79 Rule 15, regarding the assignment of special judges, shall
apply to small claims cases.
Title. These rules may be known as the Lake County Rules of Civil
Procedure, and abbreviated as LR.
Adopted effective January 1, 1993. Amended effective May 21, 1997;
December 5, 2006; October 18, 2013.
LR 45-TR10-2 Preparation of Pleadings, Motions and
Other Papers
For the purpose of uniformity, convenience, clarity and durability, the
following requirements shall be observed in the preparation of all
pleadings, motions and other papers:
A. Paper--Print, Quality and Binding. All pleadings, motions, process,
exhibits, attachments, and other papers shall be neatly and legibly printed,
typewritten or mechanically reproduced, on one side only, on white
opaque paper. To satisfy the recordkeeping requirements of Indiana Rules
of Procedure, Trial Rule 77, the print shall be of sufficient density and
clarity for preservation and reproduction.
B. Sanctions. Whenever materials submitted fail to meet the foregoing
standards, the Court may reject the non-conforming materials.
C. Minute Sheets; Chronological Case Summaries; Motion Blanks. Minute
sheets, Chronological Case Summaries and motion blanks shall no longer
be used.
5
D. Special Judge Matters. The caption of all pleadings, motions, orders
and other papers to be filed in a special judge case shall include in block
text the words SPECIAL JUDGE and the name of the judge directly below
the cause number on the caption.
Adopted effective January 1, 1993. Amended effective November 1, 1994;
May 21, 1997; December 5, 2006; January 1, 2009. Adopted effective
October 1, 2020. Amended effective January 1, 2021.
LR 45-TR5-3 Filing
Filing and submission only to the clerk; batch-filed CC cases; proof of
service; sanctions. All papers presented for filing shall be submitted to
the Clerk pursuant to Trial Rule 86 and not to the court. In all batch-filed
CC cases, the clerk shall place upon all summonses so filed the name,
street address and telephone number of the court to which the case is
assigned together with the cause number assigned to the case. All
pleadings, motions and other papers submitted for filing which are
required to be served under Trial Rule 5(A) shall contain proof of service
pursuant to Trial Rule 5(B)(2). If such papers are filed before service,
proof of service thereof shall be filed no later than three (3) business
days after service. Upon failure to comply with this rule, the Court may,
on motion of any party or on its own motion, impose appropriate
sanctions. Adopted effective July 1, 2022.
B. Separate Motions and Orders; Service; Motions Requiring an Order. Any
motion requiring an order shall be accompanied by a proposed order.
Proposed orders shall be prepared and filed separately from the pleadings,
petitions, motions or other papers to which they have reference.
C. Chronological Case Summary (CCS) Entry Forms. Chronological Case
Summary (CCS) Forms shall no longer be used.
Adopted effective January 1, 1993. Amended effective May 21, 1997;
December 5, 2006; January 1, 2009; amended July 31, 2009, effective
January 1, 2010; October 18, 2013. Adopted effective October 1, 2020.
Amended effective January 1, 2021.
6
LR 45-TR7-4 Motions
A. Unopposed Motions. Any motion that is agreed, joint, or unopposed
shall be so designated in the title. All other motions shall be subject to
Rule 4(B), set below.
B. Briefs. All motions filed pursuant to Trial Rules 12 and 56 shall be
accompanied by a separate supporting brief. An adverse party shall have
thirty (30) days after service of the initial brief in which to serve and file a
response brief, and the moving party shall have ten (10) days after service
of the response brief in which to serve and file a reply brief. With regard to
all other motions or matters submitted to the court, and so long as
consistent with the Indiana Rules of Procedure, an adverse party wishing
to respond shall do so within fifteen (15) days of service. The moving
party shall have ten (10) days after service of the response within which to
reply. Each motion shall be separate, while alternative motions filed
together shall each be identified on the caption. Failure to file a response
brief or reply brief within the time prescribed shall be deemed a waiver of
the right thereto and shall subject the motion to summary ruling.
C. Oral Arguments. The granting of a motion for oral argument, unless
required by the Indiana Rules of Procedure or otherwise required by law,
shall be wholly discretionary with the court.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
Adopted effective October 1, 2020. Amended effective January 1, 2021.
LR 45-TR3 Rule 5 Appearance by Attorney
A. Initiating Party. At the time an action is commenced, an attorney
representing the initiating party must:
(1) be a member in good standing of the Bar of the State of Indiana; and
(2) file with the Clerk of the Court an appearance form setting forth the
printed name, address, attorney number, the name of the firm, if any,
telephone number, FAX number, email address and signature of any
attorney representing the initiating party as applicable.
7
B. Responding Party. At the time the responding party or parties first
appear in a case, if that party or parties are represented by an attorney, the
attorney must:
(1) be a member in good standing of the Bar of the State of Indiana; and
(2) file with the Clerk of the Court an appearance form setting forth the
printed name, address, attorney number, the name of the firm, if any,
telephone number, FAX number, email address and signature of any
attorney representing the responding party as applicable.
C. Pro Hac Vice. A person not a member of the Bar of the State of Indiana
shall not generally be permitted to practice in the Civil Division of the Lake
County Court System. The Court in its discretion may permit such counsel
to appear only for a specifically limited purpose and time. Counsel's
Motion shall strictly comply with Admission and Discipline Rule 3, and
disclose such purpose, time, and all other cases in which the attorney or
members of the firm have been permitted to appear in the State of Indiana.
D. Non-Resident Attorney. Whenever in its discretion the Court believes it
would facilitate the conduct of litigation, the Court may require any
attorney who is a member of the Bar of Indiana and who does not maintain
an office in Indiana, to retain as local counsel a member of the Bar of
Indiana who maintains a local office in Indiana. Notice served upon such
local counsel shall constitute service upon all other counsel appearing of
record for such party.
Withdrawal of Appearance.
(1) All withdrawals of appearance shall be in writing and by leave of
Court. Permission to withdraw shall be given only after the withdrawing
attorney has given a client ten (10) days’ written notice of intention to
withdraw. A copy of the notice of intention to withdraw shall be attached
to the motion seeking leave to withdraw. This rule may be waived by the
Court if withdrawal is at the written request of the client; accompanied
by the appearance of successor counsel; or for other good cause. In any
event, all withdrawals shall fully comply with the Rules of Professional
Conduct, Rule 1.16 and Trial Rule 3.1(H) of the Indiana Rule of Trial
Procedure.
8
(2) In addition to the information required for withdrawal under Trial
Rule 3.1(H), the withdrawing attorney shall certify the last known email
address of the client, if any.
Withdrawal Shall Not Affect Continuance. Withdrawal, in and of itself,
shall not affect a continuance of any pending matter.
Duty to Update Electronic Distribution. Any attorney entering their
appearance shall enter their name, contact information, including email
address, on the Odyssey distribution list for the case. Upon receiving an
order of withdrawal, the withdrawn attorney shall remove their name and
contact information, replacing it with the name, contact information,
including email address, if any, of their former client on the Odyssey
distribution list. The requirement to add a former client’s information does
not apply where a substitution of counsel has occurred.
Adopted effective January 1, 1993. Amended effective November 1, 1994;
December 5, 2006. Adopted effective October 1, 2020. Amended effective
January 1, 2021.
LR 45-AR10-6 RULE STRICKEN BUT RETAINED FOR
FUTURE USE
Adopted effective January 1, 1993. Amended effective December 5, 2006.
*; Rule Nameline supplied by publisher. Adopted effective October
1,2020. Amended effective January 1 2021.
LR 45-TR53.5-7 Continuances--Extensions of Time to
Answer
A. Motion. A motion for continuance, unless made during the hearing of a
matter, shall be for cause, in writing and verified. A motion for
continuance may be granted ex parte only if the movant's attorney
certifies to the court in writing the efforts, if any, which have been made to
give notice and the reasons supporting the claim that actual notice should
not be required.
9
B. Time for Filing. A motion for continuance must be filed as soon as
possible after the cause for continuance is discovered, and not later than
ten (10) days before hearing or trial, unless the reason therefor is shown
by affidavit to have occurred within that period.
C. By Agreement of Counsel. An agreement by counsel to continue the
hearing of any pending matter shall be signed by both counsel and parties
(or proof of written notice to the parties in lieu of their signatures), and
filed at least ten (10) days before hearing or trial, or such shorter period as
the court in its discretion may allow.
D. Automatic Extension for Answer. Provided it is timely filed, the mere
entry of appearance by a party or counsel in response to a summons in an
action that requires an answer shall affect an extension of thirty (30) days
from the filing thereof within which to respond. This provision is
inapplicable to actions in replevin and ejectment.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
Adopted effective October 1, 2020. Amended effective January 1, 2021.
LR 45-TR26-8 Discovery
A. Commencement and Extensions. In general, counsel are expected to
begin discovery promptly and shall be granted extensions only upon a
showing of diligence and good cause.
B. Interrogatories. Interrogatories shall be tailored specifically to the
cause in which they are served and numbered consecutively to facilitate
response. No party shall serve on any other party more than thirty (30)
interrogatories or more than thirty (30) requests for admission (other
than requests relating to the authenticity or genuineness of documents in
the aggregate), including subparagraphs, without leave of court.
Subparagraphs shall relate directly to the subject matter of the
interrogatory or request for admission. Any party desiring to serve
additional interrogatories or requests for admission shall file a written
motion setting forth those proposed and the necessity therefor.
C. Attorney Conference. Strict compliance with Trial Rules 26 through 37
is required. The discovery process is intended to be largely self-actuating,
10
with minimal court supervision. Therefore, the court will not rule on
motions related to discovery disputes unless moving counsel represents
that, after personal or telephonic conference in good faith effort to resolve
differences, counsel are unable to reach accord. If counsel advises the
court, by way of motion or response thereto, that opposing counsel has
refused or delayed resolution of the discovery dispute, the court may, after
hearing, impose appropriate sanctions.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
LR 45-TR16-9 Pre-trial Procedure
A. Initial Status Conference. Upon motion of any party or the court, an
initial status conference shall be scheduled and held within six (6) months
of the filing of any Complaint in a civil plenary or civil tort case. Each party
shall be represented at this conference by an attorney familiar with the
case, who shall be prepared to discuss and enter into stipulations
concerning:
(1) the exchange of lists of witnesses known to have knowledge of
the facts supporting the pleadings. The parties thereafter shall be under a
continuing obligation to advise opposing parties of other witnesses as they
become known;
(2) the exchange of all documents, and any other evidence
reasonably available, contemplated for use in support of the pleadings;
(3) a discovery schedule;
(4) the necessity for additional conferences in complex litigation;
and
(5) the necessity for amendments to the pleadings and the filing or
hearing of dispositive motions. Absent agreement, the court shall schedule
the filing, briefing and hearing thereof.
B. Case Management Order. At the conclusion of the initial status
conference, the court shall enter a case management order setting forth:
(1) a time limit for completion of discovery;
11
(2) a time limit for joinder of additional parties and amendment of
pleadings;
(3) a time limit for filing all pre-trial dispositive motions;
(4) the scheduling of a pre-trial conference; and
(5) any other matters which the parties or the court have seen fit to
address.
C. Mandatory Pre-Trial Conference. A pre-trial conference shall be held in
every civil plenary and civil tort action, at which each party shall be
represented by the attorney who will conduct the trial.
The parties shall exchange written lists of witnesses and photocopies of
exhibits, together with contentions and statements of issues of fact and
law, at least thirty (30) days prior to the pre-trial conference. Counsel
designated by the Court shall prepare a proposed pre-trial order, which
shall be executed by counsel for all parties and filed not later than five (5)
days prior to the pre-trial conference. The pre-trial stipulation shall set
forth in the following sequence:
(1) the jurisdiction of the court;
(2) the pleadings raising the issues;
(3) a list of motions or other matters requiring action by the court;
(4) a concise statement of stipulated facts, with reservations, if any;
(5) a concise statement of issues of fact which remain to be litigated;
(6) a concise statement of issues of law which remain for
determination by the court;
(7) the plaintiff's contentions;
(8) the defendant's contentions;
(9) the plaintiff's numbered list of trial exhibits;
(10) the defendant's numbered list of trial exhibits;
12
(11) the plaintiff's numbered list of trial witnesses, with addresses.
Expert witnesses shall be so designated;
(12) the defendant's numbered list of trial witnesses, with addresses.
Expert witnesses shall be so designated; and
(13) the estimated length of trial.
When, for any reason, the pre-trial stipulation is not executed by all
counsel, each shall file not later than five (5) days prior to the pre-trial
conference a written statement of the reason therefor accompanied with a
proposed pre- trial stipulation.
D. Pre-Trial Order. At the conclusion of the pre-trial conference, the court
shall render a pre-trial order which, when entered, shall control the course
of the trial and may not be amended except by order of the court to
prevent manifest injustice.
E. Memoranda of Law. Memoranda of law, addressing any unusual
questions of law, shall be filed and served no later than seven (7) days
prior to trial.
F. Proposed Jury Instructions. Proposed preliminary and final jury
instructions shall be filed and served no later than seven (7) days prior to
trial. The date for the submission of final jury instructions shall be
designated by the Court. Instructions covering issues arising at trial which
could not reasonably be anticipated may be submitted during the trial.
Each instruction shall be accompanied by citations of authority.
G. Sanctions. A failure of the parties or their attorneys to be prepared for
the initial status conference, for the pre-trial conference, or to otherwise
comply with this Rule, shall subject them to sanctions under Trial Rule
16(K).
Adopted effective January 1, 1993. Amended effective December 5, 2006.
Adopted effective October 1,2020. Amended effective January 1, 2021.
13
LR 45-TR40-10 Trial Settings
Except for those set by the pre-trial order, all cases shall be set for trial by
the court upon motion preceded by good faith effort of the parties to agree
to the date thereof.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
LR 45-TR6-11 Briefs
Briefs, other than those addressed in Rules 4 and 9 hereof, shall be filed no
later than two (2) calendar days preceding the relevant hearing or trial.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
Adopted effective October 1, 2020. Amended effective January 1, 2020.
LR 45-TR43-12 Exhibits
All exhibits offered or admitted into evidence shall be placed in the
custody of the Court Reporter unless otherwise ordered. No earlier than
three (3) years after the date of trial, they may be obtained by the parties
offering them. A detailed receipt shall be left with the Court Reporter. No
earlier than forty-two (42) months after the date of trial, the Court
Reporter shall, upon order of the court, dispose of those exhibits
unclaimed.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
LR 45-TR63-13 Courts
Whenever the presiding judge in any Room of the Civil Division of the
Superior Court is absent or otherwise unavailable, and there is no judge
pro tempore or temporary judge sitting in his or her stead, cases docketed
in that Room may be submitted to any other judge of the Civil Division
then available.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
Adopted effective October 1, 2020. Amended effective January 1, 2021.
14
LR 45-TR75-14 En Banc Court
In the event the Civil Division is called upon to sit en banc, the following
rules shall apply:
A. The judge of the court in which the action is filed shall serve as the
presiding judge for all proceedings and shall alone rule on all pretrial
motions..
B. A majority of the Civil Division judges shall constitute a quorum
sufficient to conduct en banc proceedings.
C. Oral arguments will not be heard on any matter without court approval.
D. In the event of an emergency, the presiding judge, or if the presiding
judge is unavailable, any of the remaining judges, may hear and determine
the matter until en banc action may be taken.
Adopted effective January 1, 1993. Amended effective December 5, 2006.
Adopted effective October 1,2020. Amended effective January 1 2021.
LR 45-TR79-15 Appointment of Special Judge
A. If a motion for change of Judge is granted in a case or an order of
disqualification is entered in a case, and a special judge is not appointed
and qualified as provided in Trial Rule 79(D), a special judge shall be
appointed, on a rotating basis, from the current roster of judicial officers.
B. Each judicial officer shall have the option to be removed from
consideration from some or all case types.
C. The current roster of judicial officers shall be maintained in the office of
the Lake Superior Court Administrator (Administrator). When it becomes
necessary to select a special judge from said lists, the following procedure
shall be followed:
1. If a Special Judge is not selected in accordance with Trial Rule
79(D), the judge shall immediately contact the Administrator for the name
of the next available judicial officer. The Administrator shall provide a
name from the roster of current judicial officers. Selected judicial officers
will be selected on a rotating basis.
15
2. The selected judicial officer appointed to serve under this local
rule must accept jurisdiction unless disqualified under circumstances set
out in the Rules of Trial Procedure 79(H). The order of appointment by the
regular judge shall constitute acceptance. An oath or additional evidence of
acceptance is not required.
D. This rule shall have no application to the selection of a special judge in a
Post Conviction Relief petition which shall be governed solely by the
Indiana Rules of Criminal Procedure and the Local Rules of the Lake
Superior Court, Criminal Division.
Adopted effective January 1, 1993. Amended effective January 23, 1996;
May 21, 1997; January 27, 1999; October 2, 2000; October 4, 2005; January
9, 2006; September 29, 2006; December 5, 2006; January 1, 2009; January
1, 2011; October 4, 2012; October 18, 2013; January 1, 2015. [Adopted
effective October 1, 2020. Amended effective January 1, 2021.
16
CONFIDENTIAL INFORMATION AND ELECTRONIC
FILING OF DOCUMENTS
LR 45-A.R.9 (G)(1)-16 Confidential Information and
Sealed Documents
Pursuant to Trial Rule 81, the Superior Court of Lake County and the
Lake Circuit Court hereby adopt this rule regarding the filing and
retention of documents containing information which is excluded from
public access under the Indiana Rules on Access to Court Records (ACR)
or which are governed by an order for the sealing of records.
LR 45-A.R.16-17 Electronic Filing and Service
Pursuant to Administrative Rule 16 and Trial Rule 77, the Superior Court
of Lake County and the Lake Circuit Court, are authorized to establish
practices and procedures for the filing, signing, verification and service
of pleadings and papers, and sending notices, by electronic means. The
judges and the clerk of the Superior Court of Lake County and the Lake
Circuit Court have determined that an electronic filing system would
advance efficiency in the Clerk=s offices and the courts, and that
members of the public and bar would be well served by such a system.
Pursuant to Trial Rule 81 and Administrative Rule 16, the Superior Court
of Lake County and Lake Circuit Court hereby adopt these rules
establishing an electronic filing and service system in Lake County by
using the Indiana E-Filing System (IEFS)to file documents in the court’s
case management system, Odyssey, and to serve the documents upon
other persons in a case. The electronic filing and service system shall be
designed, constructed, and maintained so as to function in compliance
with Administrative Rules 6, 7, and 16.
A. Official Record.
The official record of the court for all documents filed under these rules
is the electronic record maintained by the clerk. The clerk shall establish
an electronic Record of Judgments and Orders as provided by Trial Rule
77(D).
17
B. Registered Users.
Attorneys admitted to practice before the Supreme Court of Indiana
(including those admitted pro hac vice) may register as users of the
Indiana E-Filing System (IEFS). A pro se litigant may elect to register as a
user for the limited purpose of utilizing the electronic filing and service
features for purposes of his or her case. Registrants will be issued a login
and password upon fulfilling the registration requirements for the IEFS.
Pro se registrants shall not knowingly permit or cause to permit their
password to be used by anyone other than themselves. Attorney
registrants shall not knowingly permit or cause to permit the password
to be used by anyone other than an authorized agent of the registrant.
Registered users will be assessed fees in accordance with the Schedule of
Fees and Charges. Registered users are bound by the Registered User
Agreement, which is posted on the IEFS, and registration also constitutes
the following:
1. The registrant=s consent to receive service and/or notice
electronically and a waiver of the right to receive service and/or notice
by personal delivery or first class mail, including notice of the entry of an
order or judgment under Trial Rule 72, except with regard to documents
which are excluded from electronic filing, or service of a summons and
complaint, or other legal process which is required by law to be served
under Trial Rules 4 - 4.17.
2. An affirmation that the registrant will endeavor to file all
documents electronically.
3. The registrant is responsible for all transactions under his or her
password and is obligated to notify the Web Administrator if his or her
password is compromised.
C. Electronic Filing of Documents.
Unless otherwise permitted by these rules or otherwise authorized by
the judicial officer assigned to a particular case, all documents submitted
for filing (including the original complaint, or equivalent pleading, and
summons) shall be filed electronically with the clerk using the IEFS, no
matter when the case was originally filed. The IEFS may be accessed via
18
any Internet connection available to the registered user and at public
access terminals located in the offices of the clerk.
1. Format. Electronically filed documents must meet the same
requirements of format as documents conventionally filed pursuant to
L.R.45-T.R.10-2 or other applicable Local Rule(s).
2. Appearance. Electronic filing of a Notice of Appearance shall act to
establish the filing attorney as an attorney of record representing a
designated party in a particular case.
3. Titles of Documents. The person electronically filing a document
will be responsible for designating a title for the document at the time it
is filed. The IEFS will generate the appropriate entry onto the CCS to
record the filing of the document.
4. Chronological Case Summary Entry Forms (CCS Entry Forms).
Separate CCS Entry Forms shall not be submitted. The IEFS shall make an
appropriate entry upon the CCS whenever any document is filed
electronically.
5. Citations and Hyperlinks. Electronically filed documents may
contain hyperlink references to an external document as a convenient
mechanism for accessing material cited in the document. Filers wishing
to insert hyperlinks into documents shall continue to use the traditional
method of citation to authority in addition to the hyperlink provided.
The hyperlink is merely a convenience to the court and the material
referenced is extraneous to the file and not a part of the court’s record.
6. Attachments and Exhibits. All documents which form part of a
single submission and which are being filed at the same time and by the
same filer may be electronically filed together under one document filing,
e.g., the motion, supporting affidavits, memorandum in support,
designation of evidence, exhibits.
Large documents which do not exist in an electronic format shall be
scanned into .pdf format and filed electronically as separate attachments.
7. Filings Requiring Leave of Court. In order to file a document which
requires leave of court, such as an amended pleading or a document to
19
be filed late, the proposed document shall be attached as an exhibit to a
motion.
8. Briefs. All motions filed pursuant to Trial Rules 12 and 56 shall be
accompanied by a separate supporting brief. An adverse party shall have
thirty (30) days after service of the initial brief in which to serve and file a
response brief, and the moving party shall have ten (10) days after service
of the response brief in which to serve and file a reply brief. With regard to
all other motions or matters submitted to the court, and so long as
consistent with the Indiana Rules of Procedure, an adverse party wishing
to respond shall do so within fifteen (15) days of service. The moving
party shall have ten (10) days after service of the response within which to
reply. Each motion shall be separate, while alternative motions filed
together shall each be identified on the caption. Failure to file a response
brief or reply brief within the time prescribed shall be deemed a waiver of
the right thereto and shall subject the motion to summary ruling.
9. Confidential Documents. Documents containing information
excluded from public access under the Indiana Rules on Access to Court
Records (ACR), or governed by an order for the sealing of records, which
can be filed electronically shall be designated by the filer as “Not for
Public Access Pursuant to the Indiana Rules on Access to Court Records
(ACR)” at the time of filing on the IEFS. The IEFS shall permit only the
Judge, the clerk, and attorneys or parties in a particular case to view the
confidential documents in the case. Such confidential documents or
information shall be served upon the parties in accordance with the
applicable Indiana Rules of Court and local rules for filing and service.
The Judge may permit additional persons to view the confidential
documents in a case pursuant to the Indiana Rules on Access to Court
Records (ACR).
D. Conventional Filing of Documents.
A conventionally filed document is one presented to the clerk or to a
party in paper or other non-electronic, tangible format. Unless
specifically authorized by the court, only the following documents may
be filed conventionally and not electronically:
20
1. Exhibits And Other Documents That Cannot Be Converted To A
Legible Electronic Form, Such As Videotapes, X-Rays, And Similar
Materials. Whenever possible, the filer is responsible for converting
filings to an electronic form. If electronic filing is not possible, the filer
shall electronically file a Notice of Manual Filing as a notation to be
placed on the CCS that filings are being held in the clerk=s office in paper.
The filer shall serve the Notice of Manual Filing and the documents in
accordance with the Indiana Rules of Civil Procedure and applicable
Local Rule(s); and shall file a certificate of service. A Notice of Manual
Filing form is appended hereto as Form 2; a Certificate of Service form is
appended hereto as Form 3.
2. Documents Delivered To The Clerk By Pro Se Litigants. Documents
filed by pro se litigants who have not elected to become registered users
may be presented in the clerk=s office for filing. Such documents shall
then be converted to an image document by the clerk. Upon order of the
Court, the Clerk shall forward to the Sheriff all documents necessary for
service in small claims cases. After completion of scanning and filing, the
original paper documents shall remain in the custody of the pro se
litigant who has not elected to become a registered user.
If the original documents cannot be scanned into a legible electronic
document, then the originals shall be placed into the case file and a
notation of that action shall be placed onto the CCS; and, the filer shall
also conventionally serve these documents in accordance with the
Indiana Rules of Civil Procedure and applicable Local Rule(s); and, shall
also file a certificate of service.
3. Documents Mailed To The Clerk By Pro Se Litigants. Documents
received by the clerk in the mail from pro se litigants who have not
elected to become registered users shall be scanned and electronically
filed by the clerk. After scanning, the originals shall be returned to the
filer, if a return envelope is provided. If no return envelope is provided,
the original documents shall be discarded.
If the original documents cannot be scanned into a legible electronic
document, then the originals shall be placed into the case file and a
notation of that action shall be placed onto the CCS. The filer shall also
21
conventionally serve these documents in accordance with the Indiana
Rules of Civil Procedure and applicable Local Rule(s); and, shall also file a
certificate of service.
4. Confidential Documents. Documents containing information
excluded from public access under the Indiana Rules on Access to Court
Records (ACR) or governed by an order for the sealing of records, which
cannot be legibly scanned and filed electronically, shall be conventionally
filed under seal and designated by the filer as “Not for Public Access
Pursuant to the Indiana Rules on Access to Court Records (ACR).” Only
the Judge, the clerk, and attorneys or parties in a particular case may
view the confidential documents in the case. The Judge may permit
additional persons to view the confidential documents in a case pursuant
to the Indiana Rules on Access to Court Records (ACR). Such confidential
documents or information shall be served upon the parties in accordance
with the applicable Indiana Rules of Court and local rules for filing and
service of conventional documents.
5. Notice of Manual Filing. Parties making a conventional filing shall
file electronically, in place of the conventionally filed document, a Notice
of Manual Filing setting forth the reasons why the document could not be
filed electronically. The conventionally filed documents must be
presented to the clerk within 24 hours after the electronic submission of
the Notice of Manual Filing. A paper copy of the electronically filed
Notice of Manual Filing must accompany the component at the time of
conventional filing.
6. Titles of Documents. The person conventionally filing a document
will be responsible for designating a title for the document at the time it
is filed.
7. Chronological Case Summary Entry Forms (CCS Entry Forms).
Separate CCS Entry Forms shall not be submitted. The clerk shall make
an appropriate entry upon the CCS whenever any document is filed
conventionally.
E. Service of Documents.
22
1. Service of Process. A party may not electronically serve a
summons or other process and complaint or equivalent pleading, but
instead must perfect service according to Trial Rules 4 through 4.17.
a. Service by Sheriff. The copies of the complaint or equivalent
pleading and summons or other process, or any other documents such as
an order to appear, necessary for service by sheriff shall be printed by
the office of the clerk. The copies of the complaint and summons, or
other documents, shall be forwarded to the sheriff for service and return.
The clerk shall scan and electronically file the return of service and the
paper original may then be discarded.
1). Pursuant to Trial Rule 86(B)(2)(e), when fees and other court
costs are waived and the clerk has received required notification of
same, the clerk shall serve the complaint and summons if;
a pro se litigant has paid the sheriff service fee;
the State is the plaintiff;
upon Order of the Court, the clerk shall forward to the sheriff all
documents necessary for service in small claims court.
b. Service by Certified Mail – Initial Summons for a Defendant in Small
Claims. If a plaintiff does not request service by sheriff, the clerk will
upon request electronically issue a summons for service by certified
mail, and the initial summons to be served upon a defendant will be
printed and served by certified mail by the clerk. The clerk shall scan
and electronically file the return receipt or notice of unsuccessful service
when received by return mail, and the paper original may then be
discarded.
c. Service by Certified Mail – Additional Summons or Other Process
after Initial Service. The clerk will electronically issue any additional
summons or other process requested for service by certified mail or
special process server, and the summons or other process will be printed
and served by certified mail by the party or attorney requesting the
23
documents to issue, or by the special process server appointed for that
purpose. The party or attorney shall scan and electronically file the
certificate of mailing and/or service, and the return receipt or notice of
unsuccessful service when received by return mail, and retain the
original documents.
2. Service of Other Documents. The IEFS will generate a ANotice of
Electronic Filing and Service@ when any document is filed and served.
This notice will be emailed to each registered user of record in a case,
and an electronic service event will be added to the work queue of each
registered user of record in the case, if that user has elected to receive
electronic service. The party filing the document should retain a paper
or electronic copy of the Notice of Electronic Filing and Service. This
notice represents proof of filing and service of the document on
registered users of record in that case. The filer shall not be required to
conventionally serve any document on any party receiving electronic
service.
The filer shall also conventionally serve those parties not designated or
able to receive electronic notice or service but who are nevertheless
entitled to notice of said pleading or other document in accordance with
the Indiana Rules of Civil Procedure and applicable Local Rule(s). In
such cases, the filer shall also file a certificate of service, as appropriate.
F. Signatures.
1. Signature of Registered User. The electronic filing of a document
which is required to be signed shall constitute the filer=s representation
under Trial Rule 11. Unless the electronically filed document has been
scanned and shows the filer=s original signature, the signature of the
filer shall be indicated by A/s/Attorney=s Name@, or A/s/Party=s
Name@ in the case of a pro se litigant, on the line where the signature
would otherwise appear.
2. Signatures on Jointly Signed or Filed, Verified or Other Documents.
In the case of a stipulation, agreed order, jointly signed motion or other
document which needs to be signed by two (2) or more persons, or in the
case of documents which must contain original signatures and which
24
require verification or an unsworn declaration under rule or statute, the
signatures may be indicated by either:
a. submitting a scanned copy of the originally signed document; or,
b. submitting the document with the use of A/s/Name@ in the
signature block(s) where the original signature(s) appear(s) in the
original document; provided, however, that the filer shall first obtain the
physical signature of all persons necessary.
The filer shall retain the original executed document.
G. Orders and Judgments.
All orders and judgments shall be entered or filed electronically by a
judicial officer assigned to the case.
1. Administrative Entries. The judicial officer may direct the issuance
of administrative entries which are routine in nature (e.g., setting or
continuing dates) by way of a text entry upon the Chronological Case
Summary (CCS). In such a case, the signature of the judicial officer is not
required, no further document will issue and the CCS entry shall indicate
that the court will issue no further written order.
2. All Other Orders and Judgments. In all other cases, unless the
original document has been scanned and shows the signature(s) of the
judicial officer(s), the signature(s) of the judicial officer(s) shall be
indicated by A/s/Judicial Officer=s Name@ on the line where the
signature(s) would otherwise appear; and, shall carry the same weight
and authority as a written order signed by the judicial officer(s). Judicial
officers shall not knowingly permit or cause to permit their passwords to
be used by anyone other than an agent authorized in writing by the
judicial officer. Such written authorization, or a revocation of such
authorization, shall be filed with the clerk. Whenever appropriate, the
clerk shall place a hardcopy version of any designated order or judgment
in the Court=s Record of Judgments and Orders, pursuant to Trial Rule
77(D).
25
3. Service. The IEFS will generate a ANotice of Electronic Filing and
Service@ when any order is filed and served. This notice will be emailed
to each registered user of record in a case, and an electronic service
event will be added to the work queue of each registered user of record
in the case. This notice represents proof of filing and service of the order
on registered users of record in that case. All other parties or attorneys
of record will be served with a hardcopy version by first class mail in
accordance with the provisions of Trial Rule 72(D).
H. Time of Filing.
Filing electronically does not alter any filing deadlines or any time
computation pursuant to state or federal statutes, any Rules of the
Indiana Supreme Court, including without limitation the Rules of Trial
Procedure, the Rules of Appellate Procedure or the Administrative Rules,
or applicable Local Rule(s). The office of the Lake County Clerk is open
for electronic filing under these rules 24 hours a day. A document is
deemed filed at the date and time it is received by the IEFS server. Filing
must be completed before midnight local time in order to be considered
filed that day. Lake County observes Central Time.
In the event of complete failure of the IEFS to accept documents from all
electronic filers for a period of in excess of three (3) hours, as
determined by the Web Administrator, any filing deadlines which expire
on the date of such failure, in cases subject to electronic filing, shall be
extended until 6:00 p.m. of the first day on which the court is open for
business following the day the IEFS returns to operation. The date, time
and duration of such complete failure, as well as the time and date of the
return to operation, shall be posted on the IEFS as soon as possible.
I. Technical Failures.
If a registered user is unable to file a document in a timely manner due to
technical difficulties in the IEFS, the registered user must file a document
with the court as soon as possible notifying the court of the inability to
file the document. Delayed filings shall be rejected unless accompanied
by the declaration attesting to the filer=s failed attempts to file
26
electronically at least two times, separated by at least one hour, after
noon on each day of delay due to such technical failure.
J. Retention of Documents in Electronically Filed Cases.
Registered users must retain signed copies of electronically filed
documents until two (2) years after all time periods for appeals expire.
Documents that are electronically filed and require original signatures
other than that of the registered user must be maintained in paper form.
On request of the court, the registered user must provide original
documents for review.
Originals of documents filed electronically which require scanning (e.g.
documents that contain signatures, such as affidavits) must be retained
by the filer and made available, upon request, to the court and other
parties for a period of two (2) years following the expiration of all time
periods for appeals.
The clerk shall maintain all filed documents in accordance with the
Administrative Rules 6 and 7 and all other applicable law.
K. Fees and Charges.
The clerk shall collect all filing and electronic system fees due at the time
of the commencement of a case or appearance in a case. Persons who
have been determined by court order to be indigent in a case shall not be
required to pay fees for electronic filing or service in that case. In the
case of registered users, all fees due shall be collected via a credit card
charge to each registered user=s designated credit card at the time of
filing.
Conventional copies and certified copies of documents may be purchased
at the offices of the clerk during regular business hours and upon
payment of the customary copying fees prescribed by law.
The fees so collected shall be collected, maintained, and accounted for
pursuant to Lake County Ordinance and all existing procedures as
approved by the Indiana State Board of Accounts.
L. Public Access to the IEFS.
27
Remote access to documents filed through the IEFS via the Internet shall
only be available to registered users. Other individuals may have access
via the Internet following the creation of an account through
mycase.in.gov. Access to mycase.in.gov is also available at terminals
located in each of the offices of the clerk, during regular business hours.
Access to documents that are confidential as provided by the Indiana
Rules on Access to Court Records (ACR), shall be restricted as required
by that rule.
28
Lake County Rules of Family Law
PREAMBLE
The Rules of Professional Conduct mandate that all lawyers conduct
themselves honorably and remind lawyers that they have a special
responsibility for the quality of justice. For lawyers who practice family
law, that special responsibility for the quality of justice often occurs in an
emotionally-charged arena with litigants who are angry, disappointed,
hurt, hostile, betrayed, sad, fearful, shocked, and/or lost. When a case
involves minor children, emotions run even higher.
Some statistics indicate that, every thirty-two seconds, a child in America
witnesses his or her parents’ divorce. Out of wedlock births to adults have
increased exponentially. Research establishes that how parents conduct
themselves during a domestic relations proceeding has a greater impact on
their children than the proceeding itself. These local rules have been
enacted to help effectuate a dignified and effective means of resolving all
family law disputes, but especially those disputes involving minor children.
While recognizing our adversarial system for resolving family law
problems, these local rules mandate that attorneys not ignore but embrace
their equally important roles as negotiators and advisors and their special
responsibility for the quality of justice.
LR 45-FL00-1 Scope, Citation and Definition,
Cooperative Approach and Liberal Construction
A. Scope. These rules shall apply to family cases in the Lake Circuit
Court and the Superior Court of Lake County, Civil and Juvenile
Divisions.
B. Citation. These rules may be cited as the Lake County Rules of
Family Law and abbreviated as F. L. R.
C. Definition. Family cases shall include all cases involving claims for
or related to marital dissolution or separation, paternity, child custody,
parenting time or visitation with a child, and support of a child or
spouse.
29
LR 45-FL00-2 Statement of Policy and Purpose
The Circuit and Superior Courts of Lake County are committed to a
cooperative model for the handling of family cases by parents, attorneys,
and judges. These rules shall be liberally construed and applied to serve
the healthy and child-sensitive functioning of families. In all family cases
with children, the goal will be protecting the best interests of those
children.
LR 45-FL00-3 General Obligations of Cooperation of
Attorneys and Parties
A. Attorneys and parties in family cases are expected to act with the
courts as co-problem solvers, not mere problem-reporters. Attorneys
shall both inform and remind their clients about the judicial expectations
of cooperation in family cases, assist their clients to understand and
observe these standards, and encourage clients to participate in
co-parenting classes, counseling, mediation, and other appropriate
problem-solving processes.
B. In order to establish and maintain an atmosphere which fosters
cooperative problem-solving, all parties and attorneys shall:
explore resources which may reduce conflict, build cooperation and
protect children;
attempt reasonable cooperative measures before resorting to the court;
avoid disrespectful language and behavior; and,
avoid unnecessary motions or petitions, hearing and arguments.
Commentary
The Circuit and Superior Courts of Lake County recognize that conflict in
family cases is destructive and often dangerous. Litigating family cases
does not end or resolve the conflict; it heightens the conflict. The
cooperative model for handling family cases is implemented to minimize
such conflict and, instead, foster the healthy and child-sensitive functioning
of families.
30
Actions taken in the earliest stages of parents’ separation and other family
crises, whether those actions are helpful or destructive, often define much
of the future of the family case and the family; and, attorneys’ language
and conduct in these earliest days are often crucial to the future course of
both the case and the future functioning of the family. Until the case is
filed, the courts have no involvement and are powerless to help families at
that point; however, at such early stages, attorneys can either set a tone of
beneficial cooperation or of destructive conflict for the families they touch.
All too often in family cases the courtroom becomes an arena in which the
parties are subjected to criticism, sometimes even ridicule or similar abuse.
Such conduct will not be tolerated. Attorneys have an ethical obligation to
refrain from abusive conduct and other offensive tactics; to treat all
parties, witnesses and all others involved in the legal process with courtesy
and respect; and, to refuse to participate in any effort to embarrass, delay
or burden someone. The courts consider such conduct to be repugnant. So
should the attorneys and all members of the family. Attorneys have an
ethical obligation to consult with their client about the means to be
employed and clients normally defer to the attorney’s special knowledge
and skill in such matters. These rules and comments require that when
doing so, the attorney should educate the client about the substantial risk
that conflict presents for members of the family and of the benefits and
opportunities for resolution through the cooperative model. If the
prospective client will not abide by such advice, the attorney can and
should consider declining the engagement. If a client agrees to abide but
later shows the inability to do so or otherwise refuses, the attorney may
and should consider withdrawing. Family members who elect to pursue
the path of conflict instead of cooperation are not acting in the best
interests of the children; and, the courts will consider the decisions made by
the parties in this regard as part of its evaluation of the children’s best
interests and in the allocation of attorney fees.
This cooperative model will require some fundamental changes in the local
legal culture, including the way attorneys approach family cases. While
fundamental change does not occur overnight, it must be done and begin
now. Attorneys must change their primary focus in family cases. Instead of
the gathering of evidence or other “case building”, the attorney’s primary
31
focus must be on defusing the underlying source(s) of conflict(s) by helping
the family to find the ways to reach resolution of their issues by using
means which are less destructive than litigation.
As part of the cooperative model the courts will expect all parties and
attorneys to consistently observe:
(1) personal responsibility by acting on one’s own opportunities to solve
problems and improve circumstances rather than merely reporting on the
alleged fault in others;
(2) cooperation by sensibly defining and pursuing the best interests of all
family members;
(3) courtesy by constant observance of respectful language and
behavior; and,
(4) focused attention on children’s needs including an awareness that
parent conflict is dangerous to children.
As part of their duty to work as co-problem-solvers with the court in all
family cases, if safe to do so, attorneys should:
(1) speak with all clients, as early as possible and as often as necessary,
about the advantages and judicial expectations of safe cooperation in
family cases;
(2) refer clients to all co-parenting classes, counseling, mediation, and
other problem-solving processes that appear to counsel to be promising
resources for their clients;
(3) work with other counsel to ensure safety in families where domestic
violence has been, or reasonably could be, an issue;
(4) work with other counsel in all cases to reduce conflict, build
cooperation, and protect children;
(5) avoid unnecessary motions and hearings; and
(6) use the least divisive processes in pursuing safety, fairness,
cooperation, and the protection of the best interests of children, for
example:
32
(a) using certified mail or acknowledgment of service instead of sheriff
service of process if viable,
(b) encouraging restraint and safe cooperation between family
members,
(c) avoiding unnecessary motions and arguments, and
(d) exhausting all viable cooperative measures before requesting custody
evaluations or trial settings.
Before a case is filed, an attorney should:
(1) Assessment of Case and Safety Considerations. Counsel meeting with
a person contemplating filing a family case should promptly assess
whether the case can safely be handled cooperatively and without
adversarial motions, hearings and other formal proceedings. Unless safety
or exceptional circumstances make cooperation unreasonable, counsel
should handle the case in ways that avoid court and maximize the parties’
development of cooperative problem-solving.
(2) Cooperation between Counsel Before Initial Filings. Counsel
representing persons wishing to initiate a family case should make
reasonable efforts to determine if the other spouse, parent, or putative
parent is represented or may be seeking representation. Unless doing so
might create a danger or substantial prejudice to their client or it is
otherwise unreasonable to do so, counsel should:
(a) consult and cooperate with each other before filing;
(b) attempt in good faith to find cooperative resolutions to provisional
matters, including peaceful separation, so that unnecessary provisional
filings and hearings can be avoided; and
(c) refer parents to resources such as co-parent education, co-parent
counseling, marital counseling, and mediation that can help them build
cooperation between them.
33
(3) Cooperation with Unrepresented Parties before Initial Filings. Unless
doing so might create a danger or substantial prejudice to their client or it
is otherwise unreasonable to do so, this same effort at consultation and
cooperation should be made when counsel learns that the other spouse,
parent, or putative parent is not intending to use legal representation. In
such case, unless doing so might create a danger or substantial prejudice to
their client or it is otherwise unreasonable to do so, counsel or the client
should (a) communicate directly with that other spouse, parent, or
putative parent and (b) attempt to avoid provisional filings and hearings
on matters that could be resolved by cooperative measures including
discussion, co-parent education, counseling, and mediation.
C. Website. Parties and counsel should visit the court’s website at
www.UpToParents.org/ or www.ProudToParent.org for more
information on the procedures in use in Lake County in support of the
cooperative handling of family cases.
LR 45-FL00-4 Initial and Provisional Hearings
Unless considerations of safety or other good cause make it
unreasonable, before the date and time set for an initial or provisional
hearing, counsel shall meet with each other (or any unrepresented
party) in a good-faith attempt to resolve all matters.
LR 45-FL00-5 Mandatory Website Work for Parents
A. Dissolution of Marriage. In all dissolution cases where the parties
have any children together under the age of 18, both parties shall
complete the work on www.UpToParents.org within 30 days of initial
filing.
B. Legal Separation. In all separation cases where the parties have any
children together under the age of 18, both parties shall complete the
work on www.UpToParents.org within 30 days of initial filing.
C. Paternity. In all paternity cases, both parents shall complete the
work on www.UpToParents.org within 30 days of the court’s finding of
paternity.
34
D. Following completion of the website work required by this rule, the
parents shall merge or exchange their chosen Commitments from their
website work.
Commentary
The rule contemplates that, following completion of the website work
required by this rule, the parents shall merge their chosen Commitments
from their website work into a set of Agreed Commitments, review those
Agreed Commitments before all hearings, and take copies of them to all
hearings. If a hearing is held more than a year since the parents’
completion of the website work, they shall redo the work, again merge
their Commitments into a set of Agreed Commitments, and bring those
Agreed Commitments to all hearings.
LR 45-FL00-6 Co-Parenting Class
A. Dissolution of Marriage and Legal Separation. Mandatory
Attendance. In all dissolution and separation cases where the parties
have any children together under the age of 18, both parties shall
complete a co-parenting class. The court may order both parties to
attend additional co-parenting classes in post-decree matters.
Information regarding the approved classes is available on the court’s
website at www.UpToParents.org/ or www.ProudToParent.org
B. Paternity. In all paternity cases the court may order the parties to
attend and complete a co-parenting class.
LR 45-FL00-7 Proof of Compliance
A. Dissolution of Marriage and Legal Separation. In order to monitor
compliance, within 60 days of the initial filing of an action for dissolution
or separation, each party shall file a verified certification of their
completion of the mandatory website work as required under FLR. 5,
above, and of any mandatory co-parenting class as required under FLR.
6, above, see Appendix “A”. https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
35
B. Paternity. In order to monitor compliance, within 45 days of the
court’s finding of paternity, each party shall file a verified certification of
completion of the mandatory website work as required under FLR 5,
above. See sample form Appendix “B.”
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
C. Any party failing to timely file such a certification may be subject to
a hearing on such a failure.
LR 45-FL00-8 Parenting Plan Proposals
A. The Indiana Parenting Time Guidelines provide useful outlines of
the minimum time each parent should have with the children to maintain
frequent, meaningful, and continuing contact with them. Any parenting
time plan submitted by agreement that provides for less then the
minimum time allowed under the Indiana Parenting Time Guidelines
must contain a written explanation for deviating from those guidelines.
Agreed parenting plans that exceed the minimum time allowed under the
Guidelines will not require a written explanation.
B. Unless they have already executed an agreed parenting plan, the
parties shall each prepare and exchange their written Parenting Plan
Proposals utilizing Appendix “C”. https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/ Parents, personally and with the help of
counsel and all useful counseling, mediation and other problem-solving
resources, shall continue to attempt to reach an agreed parenting plan.
Parents shall bring their respective Parenting Plan Proposals to all
hearings, mediation sessions, and settlement discussions.
Commentary
A. Children whose parents live apart have special needs above and
beyond those of other children, including the need for frequent, meaningful,
and continuing contact with both parents. The courts will expect separated
and divorced parents, wherever safely possible, to work together to support
children’s best possible relationships with each parent.
B. To assist parents and their counsel in developing parenting plans
that will meet the needs of these children, parents with children under the
36
age of 18 or dependent children over the age of 18 should use all
reasonable efforts, discussion, counseling, mediation, and other resources
to promptly agree on a parenting plan to include the decision-making and
living arrangements that will serve to nurture and protect their children as
the years progress. If a parenting plan is agreed on and signed by the
parents, it may be submitted to the court for its consideration as the order
which will govern the parents’ co-parenting unless changed by agreement
or court order.
C. Unless the parties have already entered in to a signed agreement
resolving all such issues then, within 60 days of the initial filing of all
actions for marital dissolution or separation, or any post-decree filing
regarding the children, or the court’s finding of paternity in all paternity
cases, the parties shall each prepare and exchange their written Parenting
Plan Proposals utilizing the form Appendix “C”. Parents, personally and
with the help of counsel and all useful counseling, mediation and other
problem-solving resources, shall continue to attempt to reach an agreed
parenting plan. If parents do not reach an agreed parenting plan, they
shall bring their respective Parenting Plan Proposals to all hearings,
mediation sessions, and settlement discussions.
D. The Indiana Parenting Time Guidelines provide useful outlines of the
minimum time each parent should have with children to maintain
frequent, meaningful, and continuing contact with them. It is the express
preference of the Lake Circuit and Superior Courts that parenting plans,
wherever safely possible, should:
(1) help parents understand the important advantages of supporting
each other’s relationships with their children;
(2) exceed the Guideline minimums for each parent;
(3) fit the particular needs of the family; and,
(4) encourage parents’ use of sensibility, flexibility, and reasonableness
to allow for cooperative accommodations of special needs and
circumstances in family activities.
37
E. Whenever parents need resources to reduce conflict, build
cooperation, preserve family relationships, or respond to the needs of their
children, they and their attorneys (if any), should use all resources that
could help them. Such resources include:
(1) redoing the website work from www.ProudToParent.org;
(2) additional co-parenting classes, including re-attending the basic
class or attending high-conflict classes;
(3) completing a new Parenting Plan Proposal;
(4) mediation;
(5) arbitration;
(6) a confidential therapeutic assessment of the parents to develop a set
of recommendations for their improved interaction;
(7) individual, joint, family or child counseling;
(8) appointment of a parenting coordinator;
(9) appointment of a guardian ad litem for the children; and,
(10) any other measure that might protect children, reduce conflict, or
build cooperation.
F. If parents nevertheless continue to have conflict and appear in court
without an agreement about the resources they will use, the court may
select the resources the parents will be ordered to use.
LR 45-FL00-9 Protocols after Initial Filing
A. Duties Regarding Consultation. Except in emergencies or when it
might create a danger or substantial prejudice or is otherwise
unreasonable to do so, counsel and pro se parties shall make a
reasonable attempt to have a personal or telephonic consultation to
resolve any issue before filing or seeking any other relief through the
court. Counsel and pro se parties contacted for a consultation shall make
themselves reasonably available for consultation. The duty of
consultation shall be continuing.
38
B. Substance of Consultation. In the consultation, counsel and pro se
parties shall:
(1) attempt to resolve all matters at issue;
(2) confirm the parties’ compliance with FLR 5, FLR 6, FLR 7 and FLR
8; and,
(3) discuss the resources they believe the parents could use to resolve
current and future issues and to build cooperation, including any
resources listed in Commentary E to FLR 8.
C. Cooperation Update - Mandatory. All motions and pleadings other
than the initial filings shall include a statement confirming compliance
with items (1) through (3), above, including the date of the required
personal or telephonic consultation; or, shall recite the specific reasons
for the lack of a consultation.
D. Parents shall review and bring a copy of their website
Commitments, as required by FLR 5 and the current Parenting Plan
Proposals, as required by FLR 8, to every hearing.
Commentary
Counsel and pro se parties shall consult in advance of all court settings and
exchange suggestions for the future course of the case that would serve the
best interests of all family members.
During a Status Conference:
the attorneys and pro se parties will report on:
(1) the status of compliance with each of these rules by the parties and
their attorneys; and,
parent progress in reducing conflict, building cooperation, preserving
family relationships, and responding to the needs of the children.
where beneficial, the families will to be referred for any necessary help;
and, the court will consider the future course of the case.
39
LR 45-FL00-10 Requirements before Custody
Evaluations
All requests for custody evaluations must be (1) in writing (2) certify
that both parties and their counsel, if any, have engaged in at least one
good faith attempt to resolve the issues through the use of a settlement
conference or mediation.
The court will not grant a request for or otherwise order a custody
evaluation except following a Status Conference in the presence of both
parties and their attorneys, if any, during which the court has been
satisfied that:
both parties have completed the mandatory website work pursuant to
FLR 6, above; and,
both parents have completed any required co-parenting class pursuant
to FLR 7, above; and,
both parties have exchanged Parenting Plan Proposals pursuant to FLR
8, above; and,
both parties and their attorneys, if any, have engaged in at least one good
faith attempt to resolve the issues through the use of a settlement
conference or consultation pursuant to FLR 9, above; and,
the court has carefully considered and reviewed, with both parties and
their attorneys, if any, the use of other resources including those listed in
Commentary E to FLR 8.
Commentary
Custody evaluations are sometimes divisive and produce less, rather than
more, cooperation between parents. As a result, custody evaluations will
be reserved for cases where one or both parents lack the capacity to safely
resolve the issues they face. No custody evaluation will be ordered or
conducted unless reasonable cooperative measures have been attempted,
such as co-parenting education, counseling and mediation.
40
LR 45-FL00-11 Case Captioning
Parties in dissolution, separation, and paternity cases shall not be
captioned or designated as “petitioner”, “respondent”, “plaintiff”, or
“defendant”. The parties shall be designated as “Mother”, “Father”,
“Husband”, or “Wife”, “Former Husband”, “Former Wife”, and “Putative
Father”. All captions shall comply with applicable statutes and case law.
LR 45-FL00-12 Form of Summons
Parties in dissolution, separation, and paternity cases shall prepare and
utilize forms of summons as set forth herein.
A. Dissolution of Marriage and Legal Separation. In dissolution and
separation cases, the appropriate summons shall be used and shall be
substantially the same as the form(s) Appendix “D”, “D-1”, “D-2”, or
“D-3”. https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
B. Paternity. In paternity cases, the summons shall be substantially
the same as the form Appendix “E”. https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
LR 45-FL00-13 Preparation of Information Sheet for
Family Court Pilot Project
Contemporaneously with the filing of any action for dissolution,
separation, or paternity, the party filing the initial petition shall complete
and furnish the Clerk with an Information Sheet which is substantially
the same as the form Appendix “F”. https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/ Because this form requires information
which is excluded from the public access under the Indiana Rules on
Access to Court Records (ACR), this form shall be submitted on light
green paper and conspicuously marked “Not For Public Access”.
LR 45-FL00-14 Judges’ Notice
Whenever the initial filing is prepared by an attorney, the attorney shall
also prepare and provide the client and the Clerk with a sufficient
number of copies of the appropriate the Judges’ Notice as required
41
herein. In cases filed by pro se parties, the Clerk shall provide the
appropriate Judges’ Notice. The Judges’ Notice to Parents Going through
Divorce - Appendix “G” https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/and Judges’ Notice to Parents in Paternity Cases -
Appendix “H”. https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
LR 45-FL00-15 Financial Declaration Form
A. Requirement. In all relevant cases including dissolutions,
separation, paternity, post-decree, or support proceedings and,
irrespective of which court, each party shall prepare and exchange,
within 60 days of initial filing for dissolution or separation or within 30
days of filing of any paternity or post-decree matters, the appropriate
Financial Declaration Form (see Appendix “I” and “J”
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/). These
time limits may be extended or shortened by court order for good cause
shown. In those cases where there is service, but no appearance by
counsel, it is the responsibility of the initiating party to provide the other
party with the appropriate blank Form and to notify that party of the
duty to prepare and serve the same.
B. Exceptions. The Form need not be exchanged if:
(1) the parties agree in writing within 60 days of the initial filing to
waive exchange;
(2) the parties have executed a written agreement which settles all
financial issues;
(3) the proceeding is merely at a provisional or emergency relief stage;
(4) the proceeding is one in which the service is by publication and
there is no response; or,
(5) the proceeding is post-decree and concerns issues without
financial implications.
Provided, however, when the proceeding is post-decree and concerns an
arrearage, the alleged delinquent party shall complete the entire Form,
42
while the support recipient need complete merely the portion thereof
which requires specification of the basis of the arrearage calculation
(with appropriate supporting documentation).
C. Use at trial. The Forms are intended primarily as mandatory
discovery though, subject to appropriate objection, they shall be
admissible at the request of any party. Therefore, particularly in view of
the presumptive nature of the Indiana Child Support Guidelines, direct
examination on form data shall address only unusual factors which
require explanation or corrections and shall not, particularly with
respect to issues of support, be routinely permitted. For evidentiary
purposes, the pages of the Form shall be deemed severable.
D. Supporting documents. For the purposes of providing a full and
complete verification of assets, liabilities, and values, each party shall
attach to the form all information reasonably required and reasonably
available. This shall include recent bills, wage and tax records, and bank,
pension and year-end mortgage statements. Reasonably available means
that material which may be obtained by letter accompanied with an
authorization, but does not mean material that must be subpoenaed or is
in the possession of the other party. Appraisals of real estate and
pensions, or appraisals of personal property such as jewelry, antiques, or
special collections (stamps, coins, or guns, for example) are not required.
However, once an appraisal is obtained, it must be exchanged unless the
appraisal was obtained in accordance with the provisions of Trial Rule
26(B) (4) (b) and is not expected to be utilized during trial. Moreover,
the court may direct that an appraisal be obtained just as it may
designate the appraiser.
E. Privacy - Sealing of Forms. Whenever the interest of privacy so
requires, the court may, upon motion, direct the admitted Forms sealed
until further order. However, such requests shall not be made as a
matter of course.
When ordered sealed, the Court Reporter shall place the Forms in a flat
manner in an envelope of sufficient size, seal the envelope, and affix a
copy of the order. Forms may be withdrawn at the conclusion of the case
on such terms as the court allows.
43
F. Financial Declaration Form as Mandatory Discovery. The exchange
of Forms constitutes mandatory discovery. Thus, Indiana Rules of
Procedure, Trial Rule 37 sanctions apply. Additionally, pursuant to Trial
Rule 26(E) (2) and (3), the Form shall be supplemented if additional
material becomes available. Further, any additional discovery, such as a
motion to produce, interrogatories, or depositions of the parties shall not
commence until the Forms are exchanged and, once exchanged, shall not
seek information already obtained.
LR 45-FL00-16 Indiana Child Support Guidelines
A. Worksheet Required. In all proceedings involving child support,
each party shall file with any settlement or enter into evidence during
any trial Indiana Child Support Guidelines Worksheets - one or more
depending upon the facts. Further, the Worksheet(s) shall, when
reasonably possible, be delivered to the other parent simultaneously
with the Financial Declaration Form, but, in any event, within 10 days of
receiving the other parent’s Form. The Worksheets shall be promptly
supplemented if any changes occur prior to resolution. All Worksheets
shall be signed by the party(ies) submitting the Worksheet.
B. Support Settlement Agreements. If an agreement concerning
support provides any deviation from the amount calculated under the
Indiana Child Support Guidelines, the parents shall present the court
with a written explanation justifying the deviation.
LR 45-FL00-17 Preparation of Orders
A. Exchange. It shall be the duty of the parties’ attorneys to prepare
decrees and other orders as directed by the court. The attorney so
directed is first to submit them to all other attorneys of record or to the
unrepresented party to enable them to challenge any provision thereof
before submission to the court for entry.
B. Additions. If the preparing attorney believes the other attorney or
the other party, if the other party is proceeding pro se, is unreasonably
withholding approval as to form, or if either believes the other is
attempting to make additions not addressed by the court, either may
44
submit a proposed form to the court and shall attach thereto a written
explanation of the dispute. The other party shall have 7 days to respond
before the court enters any order. The court may enter sanctions against
a party who has unreasonably withheld approval or attempted to make
additions not addressed by the court.
C. Signatures. The signature line for counsel or pro se litigant shall
indicate Approved as to Form. Such signature indicates that the order
correctly reflects the court’s ruling. It does not necessarily signify that
the signing party or attorney agrees with the ruling.
LR 45-FL00-18 Sanctions
If a party or counsel fails to timely prepare, exchange or file a Financial
Declaration Form or Child Support Worksheet or to cooperate in
providing information therefore in a timely manner, either is subject to
sanctions under Trial Rule 37.
LR 45-FL00-19 Attorney Fee Requests
A. Affidavits. When attorney fees (except those sought provisionally)
are requested from the opposing party, the requesting attorney shall
submit an appropriate affidavit, which, if the affidavit comports with
these rules, the court shall admit as an exhibit.
B. Content. The affidavit shall indicate the:
(1) requested fee and the basis thereof;
(2) amounts counsel has billed, contracted for, or been promised; and,
(3) amount counsel has received from all sources.
A copy of the written fee contract, if any, shall be attached to the affidavit
and deemed a part thereof.
Opposing counsel may cross examine the requesting attorney as to any
of the submitted material.
45
LR 45-FL00-20 Agreed Matters - Submission
No agreed matter shall be submitted unless accompanied with a signed
agreement, and other appropriate documents, such as the decree, a wage
withholding order, or a qualified domestic relations order. However, if
the parties reach a settlement on the courthouse steps, then the court
shall accept evidence of that settlement on the record, and enter the
appropriate order upon preparation and filing by counsel within 21 days
after submission, or such additional time as the court may allow.
LR 45-FL00-21 Orders Excluding Parent from the
Residence
In all instances where emergency or extraordinary relief is requested
including, but not limited to, excluding a parent from the residence, the
court shall require full compliance with the provisions of Trial Rules
65(B) and 65(E). In situations involving allegations of physical abuse,
intimidation or stalking, relief may be sought by a separate filing for an
Order of Protection.
LAKE COUNTY RULES OF PROCEDURE APPLICABLE
TO ESTATES
L.R.45-P.R.00 Rule 1.
All probate rules and regulations promulgated by the Veterans
Administration are hereby adopted as probate rules of the Court.
L.R.45-P.R.00 Rule 2.
A Personal Representative’s Information Sheet must be completed and
filed with any petition opening a supervised or unsupervised Estate. The
Court will not act upon the petition until the Personal Representative’s
Information Sheet is completed and filed. The Personal Representative’s
Information Sheet must be filed in compliance with Indiana Trial Rule
5(G) and the Indiana Rules on Access to Court Records, Rule 5. (SEE
FORM A). https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
46
L.R.45-P.R.00 Rule 3.
In all supervised and unsupervised estates, the Court’s Instructions to
the Personal Representative, executed by the Personal Representative
and the Attorney, must be filed with the Court prior to Court
appointment and issuance of letters. These Instructions are to be
considered as direct Orders of the Court. Instructions to Personal
Representative of Supervised Estate (SEE FORM B)
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/or
Instructions to Personal Representative of Unsupervised Estate (SEE
FORM C), https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/ as applicable, must be completed and filed with the Court. No
substitute form will be accepted by the Court.
L.R.45-P.R.00 Rule 4.
All petitions, of any nature or kind, in all matters, must be executed and
verified by the Personal Representative, the Trustee, or the Interested
Party (Petitioner), and not by the Attorney. All petitions requesting
relief or action by the Court should, where applicable, contain reference
to the appropriate statute or rule authorizing such relief or action.
L.R.45-P.R.00 Rule 5.
All Attorneys are required to prepare Orders in a form approved by the
Court (order per form or OPF) for all proceedings except where
expressly indicated to the contrary by the Court.
L.R.45-P.R.00 Rule 6.
Unless waived by the applicable Court, Attorneys desiring to have the
Court Reporter present for a hearing must make a written request for
same ten (10) days in advance of the hearing. Hearings involving the
Court Reporter shall be set subject to his or her availability.
L.R.45-P.R.00 Rule 7.
47
The Attorney shall prepare and serve any required notices on interested
persons pursuant to I.C. §29-1-7-4.5, as amended, and proof thereof
pursuant to I.C. §29-1-1-16, as amended.
L.R.45-P.R.00 Rule 8.
A verified inventory must be prepared and filed in all supervised estates
within sixty (60) days after appointment of the Personal Representative.
In unsupervised estates, the Personal Representative shall comply with
I.C. §29-1-7.5-3.2 with respect to inventories.
L.R.45-P.R.00 Rule 9.
Attorneys must attend all hearings. The Court may, in its discretion,
require the attendance of the Personal Representative or Trustee at any
such hearing.
L.R.45-P.R.00 Rule 10.
All accountings filed with the Court must follow the statutory format
prescribed by I.C. §29-1-16-4, as amended. Informal, handwritten, or
transactional accountings will not be accepted. Unless otherwise
ordered by the Court, an accounting filed with the Court shall be
accompanied by an Affidavit in Lieu of Vouchers stating that receipts are
available for all disbursements contained in the accounting.
L.R.45-P.R.00 Rule 11.
Receipts for all final distributions must be filed with the final report or
the supplemental report before discharge will be given by the Court.
L.R.45-P.R.00 Rule 12.
The name and address of the Insurance Agency providing the corporate
surety must be typed on all corporate bonds filed in any estate.
48
L.R.45-P.R.00 Rule 13.
In all contested matters, the Indiana Rules of Trial Procedure shall apply.
L.R.45-P.R.00 Rule 14.
In a supervised estate, any petition for the allowance of fees, pursuant to
the Fee Guidelines, for the Attorney and/or the Personal Representative
shall set forth a description of the services performed and a calculation
of the amount of the fee requested. At the time the petition is considered
by the Court, the Attorney must be present. No fee request will be
considered as a part of the final report or account in a supervised estate.
A separate petition must be filed requesting such fee determination. No
fee shall be paid without the prior approval of the Court. No Attorney or
Personal Representative fees will be authorized for payment until a Final
Account is filed with the Court. If an Interim Account is filed with the
Court, a petition for Attorney or Personal Representative Fees may be
filed for the Court’s review and approval
L.R.45-P.R.00 Rule 15.
Attorney and Personal Representative fees will not be determined or
authorized for payment by the Court in an unsupervised estate.
L.R.45-P.R.00 Rule 16.
Unless otherwise stated in the decedent’s Last Will and Testament, any
Attorney or Personal Representative fees determined to be due by
reason of non-probate assets shall be assessed against the recipients of
the non-probate assets.
L.R.45-P.R.00 Rule 17.
All documents filed with the Court must comply with the requirements of
Ind. Trial Rule 5(G) and the Indiana Rules on Access to Court Records,
Rule 5 utilizing the Notice of Exclusion of Confidential Information From
49
Public Access form. (SEE FORM D). https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
L.R.45-P.R.00 Rule 18.
For good cause shown, the Court may waive any local procedural rule.
L.R.45-P.R.00 Rule 19.
When required by law, all Wills must be admitted to Probate unless filed
with the Clerk pursuant to Ind. Code § 29-1-7-3.1, as amended. Pursuant
to Indiana Trial Rule 86(F), an Affidavit must be filed by the Attorney or
Personal Representative regarding the possession of the decedent’s Last
Will and Testament. (SEE FORM E). https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
L.R.45-P.R.00 Rule 20.
Bond procedures for Estates:
a. If the decedent's Will provides for no bond, the Court may honor the
request unless otherwise required by statute;
b. If all heirs request no bond or a minimal bond, the Court may honor
such request unless otherwise required by statute;
c. In all instances, upon petition by an interested person, the Court may
require a bond to protect creditors, heirs, legatees, or devisees;
d. In all other situations, the Court will determine and set the amount of
the bond and in no event shall it be less than that required to protect
creditors and taxing authorities;
e. Personal surety must meet the requirements of Ind. Code § 29-1-11-5;
f. No Attorney will be accepted as personal surety on any bond required
to be filed in Court.
L.R.45-P.R.00 Rule 21.
50
Subject to the discretion of the Court, the Court may restrict transfer of
all or part of the liquid assets of a supervised estate by placing those
assets in a federally-insured financial institution or in a brokerage
account (or any combination of the two) with the following restriction
placed on the face of each account or document creating or evidencing
the account:
NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT
WRITTEN ORDER OF THE LAKE CIRCUIT/SUPERIOR COURT, PROBATE
DIVISION. THE PERSONAL REPRESENTATIVE AND/OR FINANCIAL
INSTITUTION SHALL PROMPTLY NOTIFY THE COURT IN WRITING IN
THE EVENT PRINCIPAL AND/OR INTEREST IS WITHDRAWN WITHOUT
WRITTEN COURT ORDER.
Within thirty (30) days after an Order authorizing the creation of the
restricted account or investment, a certificate by an officer of the
institution at which the restricted account or investment has been
created shall be filed with the Court which affirms that the account or
investment is restricted by Court Order. (SEE FORM F).
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
The Personal Representative and/or the financial institution shall
promptly notify the Court in writing in the event that any principal or
interest is withdrawn from the account without Court authorization.
L.R.45-P.R.00 Rule 22.
On or before three (3) months and fifteen (15) days after the date of the
first published notice to creditors, the Personal Representative, or the
Personal Representative’s Attorney, must allow or disallow a claim filed
against the estate within three (3) months after the date of the first
published notice to creditors.
For a claim filed not later than nine (9) months after the decedent’s
death (other than the United States, the state, or a subdivision of the
state) by a claimant who did not received a notice of administration
under I.C. § 29-1-7-7, the Personal Representative, or the Personal
Representative’s Attorney, must allow or disallow a claim not later than
fifteen (15) days after the date of the filing of the claim.
51
For a claim filed by the United States, the state, or a subdivision of the
state the Personal Representative, or the Personal Representative’s
Attorney, must allow or disallow a claim on or before the later of: (1)
three (3) months and fifteen (15) days after the first published notice to
creditors; or (2) fifteen (15) days after the date on which the claim was
filed.
For purposes of allowing or disallowing a claim, the Personal
Representative or the Personal Representative’s Attorney shall
electronically file a Notice of Allowance/Disallowance of Claim form.
(SEE FORM G). https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
L.R.45-P.R.00 Rule 23.
If an estate cannot be promptly closed, the Personal Representative must
report the condition of the estate to the Court one (1) year after the date
of the Personal Representative’s appointment, and thereafter every year
until the estate is fully administered.
L.R.45-P.R.00 Rule 24.
The Federal Estate Tax closing letter and/or the countersigned receipt,
or a photocopy thereof, showing payment of the Federal Estate in the
estate must be filed with the Final Report or the Supplemental Report.
L.R.45-P.R.00 Rule 25.
Proof of publication of all notices required to be published shall be filed
with the Court by the Attorney for the estate within thirty (30) days after
receipt of the same from the newspaper. It is the Attorney's
responsibility to ensure that publication was timely made, and proof
thereof is properly filed with the Court.
L.R.45-P.R.00 Rule 26.
In an unsupervised estate, the Court shall not be involved other than for
opening and closing the estate, unless requested pursuant to I.C. § 29-1-
7.5-3(c). The Court reserves the right to revoke unsupervised
52
administration and convert the estate to supervised administration if the
Court, in its discretion, believes supervised administration is warranted.
L.R.45-P.R.00 Rule 27.
If, after three (3) months following the date that the verified closing
statement is filed in an unsupervised estate and an objection has not
been filed, the Attorney must file a proposed Order closing the estate
within thirty (30) days after the objection deadline expires.
53
LAKE COUNTY RULES OF PROCEDURE APPLICABLE
TO GUARDIANSHIPS
LR 45-PR00-28
All probate rules and regulations promulgated by the Veterans
Administration are hereby adopted as probate rules of the Court.
LR 45-PR00-29
A Guardian’s Information Sheet must be completed and filed with any
petition seeking to establish a temporary or permanent guardianship or
a protective order pursuant to I.C. § 29-1-3-4 et. seq., as amended. The
Court will not act upon the petition until the Guardian’s Information
Sheet is completed and filed. The Guardian’s Information Sheet must be
filed in compliance with Indiana Trial Rule 5(G) and the Indiana Rules on
Access to Court Records, Rule 5. (SEE FORM A).
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
LR 45-PR00-30
In all guardianship matters pertaining to declaring an adult
incapacitated for any reason, at a minimum, the Physician's Statement
in a form acceptable to the Court, executed by the licensed physician
treating the alleged incapacitated person, must be submitted at the time
the petition is filed or on the hearing date. No determination will be
made without the Physician's Statement and/or supporting medical
testimony. (SEE FORM B). https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
LR 45-PR00-31
In all guardianship matters, the Court’s Instructions to the Guardian,
executed by the Guardian, must be filed with the Court prior to Court
appointment and issuance of letters. These Instructions are to be
considered as direct Orders of the Court. Instructions to Guardian
when the guardianship will be of the person only (SEE FORM C)
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/ or when
54
the guardianship will apply to the minor’s or incapacitated adult’s
property (SEE FORM D) https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/must be completed and filed with the Court. If the
Guardian will be appointed over both the person and estate, both sets of
Court’s Instructions to the Guardian must be completed and filed with
the Court. No substitute form will be accepted by the Court.
LR 45-PR00-32
All petitions, of any nature or kind, in all matters, must be executed and
verified by the Guardian or the Interested Party (Petitioner), and not by
the Attorney. All petitions requesting relief or action by the Court
should, where applicable, contain reference to the appropriate statute or
rule authorizing such relief or action.
LR 45-PR00-33
Pursuant to I.C. §30-5-3-4(b), as amended, an appointment of a Guardian
over an estate shall not operate to terminate a valid power of attorney,
unless the power of attorney instrument provides for termination upon
the incapacity of the principal. A Guardian shall not have power over
property or health care conditions that are subject to a valid power of
attorney. A Guardian cannot revoke or amend a power of attorney on
behalf of a principal without Court approval. A Guardian seeking to
revoke a valid power of attorney must obtain Court approval which can
be granted only after hearing and notice to the attorney-in-fact.
LR 45-PR00-34
All Attorneys are required to prepare Orders in a form approved by the
Court (order per form or OPF) for all proceedings except where
expressly indicated to the contrary by the Court.
LR 45-PR00-35
Unless waived by the applicable Court, Attorneys desiring to have the
Court Reporter present for a hearing must make a written request for
55
same ten (10) days in advance of the hearing. Hearings involving the
Court Reporter shall be set subject to his or her availability.
LR 45-PR00-36
The Attorney shall prepare and serve any required notices on interested
persons pursuant to I.C. §29-1-7-4.5, as amended, and proof thereof
pursuant to I.C. §29-1-1-16, as amended.
LR 45-PR00-37
Inventories must be filed in all temporary guardianships of the estate
within thirty (30) days after appointment of the Guardian. For
permanent guardianships of the estate, inventories must be filed within
ninety (90) days after appointment of the Guardian.
LR 45-PR00-38
Attorneys must attend all hearings. The Court may, in its discretion,
require the attendance of the Guardian at any hearing.
LR 45-PR00-39
All accountings filed with the Court must follow the statutory format
prescribed by I.C. §29-1-16-4, as amended. Informal, handwritten, or
transactional accountings will not be accepted. Unless otherwise
ordered by the Court, an accounting filed with the Court shall be
accompanied by an Affidavit in Lieu of Vouchers stating that receipts are
available for all disbursements contained in the accounting.
LR 45-PR00-40
Receipts for all final distributions must be filed with the final report or
the supplemental report before discharge will be given by the Court.
LR 45-PR00-41
The name and address of the Insurance Agency providing the corporate
surety must be typed on all corporate bonds filed in any guardianship.
56
LR 45-PR00-42
In all contested matters, the Indiana Rules of Trial Procedure shall apply.
LR 45-PR00-43
Any petition for the allowance of fees, for the Attorney and/or the
Guardian shall set forth a description of the services performed and a
calculation of the amount of the fee requested. At the time the petition is
considered by the Court, the Attorney must be present. No fee request
will be considered as a part of the final report or account in a
guardianship proceeding. A separate petition must be filed requesting
such fee determination. No fee shall be paid without prior approval of
the Court.
LR 45-PR00-44
Attorney and Guardian fees in guardianship proceedings over the person
of the protected person shall not be subject to Court approval.
LR 45-PR00-45
All transfers, sales, or encumbrances of the protected person’s real or
personal property are subject to prior Court approval.
LR 45-PR00-46
In all wrongful death proceedings, the Guardian must be present at the
time the settlement, either partial and/or final, is presented to the Court
for approval. The Court retains the right to require the presence of the
minor, incapacitated person, or a Custodial parent at the time the
settlement is presented to the Court for approval.
LR 45-PR00-47
All documents filed with the Court must comply with the requirements of
Indiana Trial Rule 5(G) and the Indiana Rules on Access to Court
Records, Rule 5 utilizing the Notice of Exclusion of Confidential
Information From Public Access form. (SEE FORM E)
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/.
57
LR 45-PR00-48
For good cause shown, the Court may waive any local procedural rule.
LR 45-PR00-49
The Court shall determine the amount of the Guardian’s bond in
accordance with I.C. §29-3-7-1, as amended. A bond shall be required
equal to the sum calculated under I.C. §29-3-7-1, as amended.
Exceptions as provided by statute may be permitted in the Court’s
discretion.
LR 45-PR00-50
Subject to the discretion of the Court, the Court may restrict transfer of
all or part of the liquid assets of a Guardianship by placing those assets
in a federally-insured financial institution or in a brokerage account (or
any combination of the two) with the following restriction placed on the
face of each account or document creating or evidencing the account:
NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT
WRITTEN ORDER OF THE LAKE CIRCUIT/SUPERIOR COURT, PROBATE
DIVISION. THE GUARDIAN AND/OR FINANCIAL INSTITUTION SHALL
PROMPTLY NOTIFY THE COURT IN WRITING IN THE EVENT
PRINCIPAL AND/OR INTEREST IS WITHDRAWN WITHOUT WRITTEN
COURT ORDER.
Within thirty (30) days after an Order authorizing the creation of the
restricted account or investment, a certificate by an officer of the
institution at which the restricted account or investment has been
created shall be filed with the Court which affirms that the account or
investment is restricted by Court Order. (SEE FORM F).
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
The Guardian and/or the financial institution shall promptly notify the
Court in writing in the event that any principal or interest is withdrawn
from the account without Court authorization.
58
LR 45-PR00-51
Current reports filed by the Guardian must show the present
whereabouts of the protected person and his/her general welfare.
LR 45-PR00-52
All benefits and payments, such as Social Security benefits received on
behalf of a protected person, must be included and accounted for in the
Guardian’s accountings unless excluded by prior order of the Court.
LR 45-PR00-53
Neither the Guardian nor the Attorney shall take or receive any fees until
the amount thereof has been approved by the Court.
LR 45-PR00-54
Unless limitations on the powers of the Guardian are sought in the
Petition for Appointment, an order in a form approved by the Court
(order per form or OPF) must be submitted at the time of the
appointment of a Guardian, detailing the duties, responsibilities and
powers of the Guardian.
LR 45-PR00-55
In all instances in which the appointment of a Guardian is contested, a
Guardian Ad Litem shall be appointed unless waived by law, or by the
Court in the Court’s discretion, or if the alleged incapacitated person is
represented by counsel.
59
LAKE COUNTY ALTERNATIVE DISPUTE RESOLUTION
RULES
LR 45-ADR2.2-1 Applications and list of mediators
A. Any individual who fulfills the qualifications for mediator established
by the Supreme Court of Indiana may submit an application to the circuit
or any superior court to be placed upon the list of mediators. The
application shall include the following information:
1. mediator's name, address and telephone number;
2. county of residence;
3. information about co-mediator if applicable;
4. type of cases which the mediator is competent to mediate;
5. any known limitations on referrals, such as disqualification because of
marital relationship or employment, etc.;
6. statement of mediation training;
7. statement of professional background, including attorney number and
date of admission to bar, and/or educational requirements for domestic
mediation;
8. statement of use of effective conflicts-checking system;
9. such other information on background and mediation training relevant
to the court's review of the application.
A sample form is provided as Appendix A.
https://lakecountyin.gov/departments/lc-courts/forms-and-court-rules-c/
B. The court shall review each application and determine the eligibility of
the individual to be included on the list of mediators approved by the
court.
1. The court administrator shall maintain a comprehensive list of all court-approved mediators for the county. A copy of the list of mediators shall be
60
available to the public for inspection in the Office of the Clerk of Lake
County.
2. The court administrator shall also maintain a comprehensive list of
lawyers engaged in the practice of law in the county who are willing to
serve as arbitrators. A copy of the list of arbitrators shall likewise be
available to the public for inspection in the Office of the Clerk of Lake
County.
LR 45-ADR2.7-2 Civil cases
A. Definition. For the purposes of this rule, "alternative dispute resolution"
and "ADR" shall mean mediation and/or mini-hearings. This rule does not
affect the parties' rights to agree to arbitration as provided by the ADR
Rules of the Supreme Court of Indiana.
B. Case Selection and Objections. The court may order the parties to
mediation or mini-hearing upon the occurrence of any of the following:
1. Any party's written request for mediation or mini-hearing any time
after the expiration of the fifteen (15) day period allowed for peremptory
change of venue;
2. At any time following the filing of the claim for relief if all of the parties
file a written stipulation therefor; or
3. More than ninety (90) days have elapsed since the initiation of the
claim and the case has not been scheduled for a pretrial conference.
In determining whether a case is appropriate for a judicial referral to ADR,
the court may consider such factors as:
(a) whether the case has been pending more than 180 days;
(b) whether a pretrial conference has been requested;
(c) whether the case is eligible for dismissal pursuant to TR 41(E);
(d) whether the case is set for trial.
61
C. Nothing in this rule shall be interpreted to constrain or otherwise limit
the court from referring a case to ADR at such other time as the court
deems appropriate.
D. Any party may object to an order for mediation or mini-hearing by
filing a written objection specifying the grounds for the objection within
fifteen (15) days of the date of the order referring the case to mediation or
mini-hearing, as provided in ADR Rule 2.2. Any response to the objection
must be filed within ten (10) days of the service of the objection.
E. Completion of Mediation. The mediator and the parties shall make a
good faith effort to complete the mediation process within ninety (90)
days from the date of the order to engage in ADR, unless specifically
ordered otherwise. In the event mediation is not complete within that
time, the mediator shall file a report with the court as to the current status
of the mediation and the projected date of completion of the mediation.
If the mediation is complete, the mediator shall file the agreement and
report as required by ADR Rule 2.7(E) within 15 days of completion of the
mediation. However, if the parties agree, a party may file the agreement in
place of the mediator. If a party is to file the agreement, that party shall be
identified in the mediator's report.
F. Payment of the Mediator's Fees. Unless otherwise specifically set forth
in the order referring the case to mediation, or unless otherwise agreed by
the parties, the mediator's fees shall be paid in the following proportions:
one-third ( 1/3 ) by the plaintiff or plaintiffs;
one-third ( 1/3 ) by the defendant or defendants;
one-third ( 1/3 ) by the intervenor or third party.
In the case of multiple plaintiffs, defendants or intervenors, the mediator's
fee shall be apportioned equally among the number of plaintiffs,
defendants or intervenors, unless they shall agree otherwise.
G. Written Agreements. All agreements which resolve issues shall be
reduced to writing and signed by all parties and their counsel, and shall be
62
submitted to the court with the mediator's report, or as soon thereafter as
is practicable.
H. Parties to Attend. In all non-family cases, the attorney(s) who will try
the case and the parties shall attend the mediation conference. A
corporate party shall send a corporate representative with full authority to
settle the case. If insurance is involved in the matter, the insurance carrier
shall send a company representative who has full and absolute authority
to resolve the matter for an amount which is the lesser of the policy limits
or the most recent demand of the adverse party.
LR 45-ADR00-3 Domestic relations cases
A. Case Selection. In applying the Alternative Dispute Resolution Rules,
mediation is the appropriate method of court-ordered dispute resolution
in domestic relations cases.
B. Time for Filing Motions and Stipulations. Either party may file a motion
for referral to mediation at any time during the pendency of the case, from
the time of filing and thereafter until the final hearing. The parties may file
a joint application for referral to mediation at any time during the
pendency of the case.
1. In determining whether a case is appropriate for judicial referral to
ADR, the court may consider such factors as:
(a) whether the time for exchange of financial disclosure information has
passed;
(b) when time for a contested hearing has been requested on the court's
calendar;
(c) whether the case involves post-decree issues.
2. Nothing in this rule shall be interpreted to constrain or otherwise limit
the court from referring a case to ADR at such other time as the court
deems appropriate.
3. Completion of Mediation. The mediator and the parties shall make a
good faith effort to complete the mediation process within sixty (60) days
63
from the date of the order to engage in ADR. In the event that mediation is
not complete within that time, the mediator shall file a report with the
court as to the current status of the mediation and the projected date of
completion of the mediation. If the mediation is complete, the mediator
shall file the agreement and report as required by ADR Rule 2.7(E).
However, if the parties so agree, a party may file the agreement separately,
and that party shall be identified in the mediator's report.
The mediator's report shall also include the parties' agreement as to a date
certain for filing their agreement.
4. Payment of Mediator's Fees. Unless otherwise specifically set forth in
the order referring the case to mediation, or unless otherwise agreed by
the parties prior to the mediation conference, the mediator's fees shall be
paid in the following proportions:
one-half ( 1/2 ) by the petitioner;
one-half ( 1/2 ) by the respondent.
5. Parties to Attend. In domestic relations cases, the attendance of the
parties' counsel is not required at every session. If counsel choose not to
attend, they shall be given the opportunity to review and discuss any
settlement proposal made at a mediation conference.
64
LAKE COUNTY CRIMINAL RULES
L.R. AR1 (E) Local Rule for the Assignment of Criminal
and Quasi Criminal Cases in all City, Town, County and
Criminal Division Courts in Lake County
All ordinance violations, infractions, misdemeanors, and felonies alleged
to have been committed in Lake County shall be filed, assigned, and
reassigned only in accordance with this rule. The terms “charges” and
“offenses,” as used herein, means ordinances, infractions, misdemeanors,
and felonies, unless otherwise specified.
A. Filing.
1. Unless otherwise provided, all misdemeanors, infractions and
ordinance violations alleged to have been committed within the political
boundaries of any city or town that maintains a city or town court shall
be filed in the city or town court sitting in said city or town. All other
ordinance violations, infractions and misdemeanors shall be filed in the
County Division of the Superior Court.
2. In cases in which law enforcement officers from multiple jurisdictions
are involved, all misdemeanors, infractions and ordinance violations
shall be filed in the city or town court of the officer issuing the probable
cause affidavit for any misdemeanor or issuing the ticket for any
infraction or ordinance violation.
3. All murder, Class A, B and C felonies shall be filed in the criminal
division. After June 30, 2014, all murder charges and Level 1, 2, 3, 4 and 5
felonies shall be filed in the Criminal Division.
4. Except as otherwise provided, the clerk shall file all Class D Felonies,
and after June 30, 2014, all Level 6 Felonies, pursuant to the Weighted
Caseload Plan then in effect as adopted by the Lake Superior and Circuit
Courts
65
5. If a defendant who is being charged with a Class D felony, or after June
30, 2014, a Level 6 Felony, is on probation to the county division, has
other charges pending in the county division, or has previously been
sentenced in the county division for an offense, then the Class D felony,
or Level 6 Felony, shall be filed in the county division.
6. If a defendant who is being charged with a Class D felony, or, after June
30, 2014, a Level 6 Felony, is on probation to the criminal division, has
other charges pending in the criminal division, or has previously been
sentenced in the criminal division for an offense, then the Class D felony,
or Level 6 Felony, shall be filed in the criminal division.
7. Notwithstanding the filing requirements above, all charges involving
multiple offenses or defendants shall be filed in the same court as one
another if the charges arise from:
a. a single act;
b. a series of acts connected together or constituting parts of a single
scheme or plan;
c. a conspiracy; or,
d. a number of offenses so closely connected in respect to time, place,
and occasion that it would be difficult to separate proof of one offense
from proof of the others.
e. it is the intent of this subsection that in the event that a defendant has
multiple cases or an alleged crime involves multiple defendants, one
judge will hear all the pending matters.
8. Except as otherwise provided, and whenever possible, charges which
have previously been filed and dismissed may only be refiled in the same
division. This includes all charges arising out of the same offense report,
arrest report, or set of operative facts.
9. A defendant who is seeking expungement in a case in which an arrest
occurred, but no charges were filed, shall file the request for
expungement with the Clerk of the Court for random assignment in any
Criminal Division or County Division court that has jurisdiction over the
66
types of charges for which the defendant was arrested. The case shall be
assigned an XP cause number, and no filing fee shall be required. Any
document containing a social security number shall remain confidential
pursuant to the Indiana Rules on Access to Court Records (ACR)
10. A defendant who is seeking expungement in a case in which charges
were filed, but no conviction was entered, or a conviction was entered
but was subsequently vacated on appeal, shall file the request for
expungement in the same court in which the charges were filed.
However, if the case that did not result in a conviction, or in which a
conviction was vacated on appeal, was filed in a city or town court, the
request for expungement shall be filed with the Clerk of the Court for
random assignment in the County Division. The request for
expungement shall be assigned an XP cause number. No filing fee shall
be required. Any document containing a social security number shall
remain confidential pursuant to the Indiana Rules on Access to Court
Records (ACR).
11. A defendant who is seeking expungement in a case in which a
conviction was entered shall file the request for expungement in the
court in which the conviction was entered. However, if the conviction
was entered in a city or town court, the request for expungement shall be
filed with the Clerk of the Court for random assignment in the County
Division. A request for expungement filed in a case in which a conviction
was entered shall be assigned an XP cause number. A filing fee is
required, unless waived or reduced by the court after a showing of
indigency by the petitioner. Any document containing a social security
number shall remain confidential pursuant to the Indiana Rules on
Access to Court Records (ACR).
12. A defendant who is seeking expungement in multiple cases shall file
the request for expungement with the Clerk of the Court for assignment
in the Criminal Division or County Division court in which the highest
level of conviction has been entered. If all of the convictions were
entered in city and town courts, then the request for expungement shall
be filed with the Clerk of the Court for random assignment in the County
Division. A petition for expungement addressing multiple cases in which
convictions were entered shall be assigned an XP cause number. A filing
67
fee is required, unless waived or reduced by the court after a showing of
indigency by the petitioner. Any document containing a social security
number shall remain confidential pursuant to the Indiana Rules on
Access to Court Records (ACR)
B. Assignment.
1. Charges shall be assigned within a division according to the following
rules, which are listed in order of precedence:
a. Charges involving multiple offenses or defendants shall be assigned to
the same judge if the charges arise from:
(1) a single act;
(2) a series of acts connected together or constituting parts of a single
scheme or plan;
(3) a conspiracy; or,
(4) a number of offenses so closely connected in respect to time, place,
and occasion that it would be difficult to separate proof of one offense
from proof of the others.
b. Charges filed against defendant who has other charges pending shall
be assigned to the judge handling the pending charges.
c. Charges filed against a defendant who has previously been sentenced
by a judge shall be assigned to that same judge. If the defendant has
previously been sentenced by more than one judge of the division, then
the case shall be assigned to the judge who still has jurisdiction over the
defendant through probation, if applicable, or else to the judge who
sentenced the defendant most recently.
d. Charges against a defendant who has previously been a defendant in
the division shall be assigned to the same room of the division.
e. If more than one defendant in a new case has other charges pending
before separate judges within the same division, the new case shall be
assigned to the judge with the greater number of cases pending against
all codefendants in the case. If the number of such pending cases is equal
68
for two or more judges, then the case shall either be randomly assigned
to one of those judges or else be assigned to the judge whose cases are
closer to disposition at the time of the new filing.
f. All other cases shall be randomly assigned so that the assignment of all
criminal cases to judges within a division is kept relatively equal.
2. Charges which have been dismissed and refiled shall be assigned to
the same judge who had jurisdiction of the charges when they were
dismissed. This includes all charges arising out of the same offense
report, arrest report, or set of operative facts.
C. Reassignment.
If a motion for change of judge is granted in a felony or misdemeanor
case or an order of disqualification or recusal is entered in a felony,
misdemeanor, infraction or ordinance case, then the case shall be
reassigned to a special judge as outlined below.
A special judge shall be appointed from a list of on a rotating basis in
each of the following case categories: OE, OV, IF, CM, FD, FC, FB, FA, MR,
MC, and, after June 30, 2014, for case types F1, F2, F3, F4, F5 and F6.
Each judicial officer may also choose to limit the number of categories
for which that judicial officer will be eligible to hear special judge cases.
However, judges of city or town courts shall only be eligible to hear CM,
IF, OV or OE cases and will not be eligible to serve as special judges in the
case of Trials de Novo or Appeals from other city or town courts.
The lists of eligible persons shall be maintained in the office of the Lake
Superior Court Administrator (hereafter Administrator) and regularly
updated. When it becomes necessary to select a special judge from said
lists, the following procedure shall be followed:
The judge who has recused or granted a motion for change of judge shall
contact the Administrator for the name of the next available judicial
officer. The Administrator shall provide to that judge a name from the
list on a rotating basis beginning with the first name on the list for the
particular case category. The disqualified judge shall then issue an order
notifying the special judge that he or she has been appointed. The city or
69
county clerk’s office shall then send the complete case file to the clerk’s
office servicing the special judge. No transfer fees shall be assessed.
The selected special judge to serve under this local rule must accept
jurisdiction unless disqualified under circumstances set out in the Rules
of Trial Procedure 79(H). Should the special judge be required to recuse,
the special judge shall follow the procedures outlined above in Rule
C(4)(a). Judges who have previously recused or were disqualified shall
no longer be eligible as a special judge in that particular case. The order
of appointment by the regular judge shall constitute acceptance. An oath
or additional evidence of acceptance is not required.
If no judicial officer from the list qualifies, the final judicial officer that
recuses shall petition the Supreme Court for the appointment of a special
judge pursuant to Admin. Rule 21(B).
Motions for change of judge as of right (as opposed to recusal or
disqualification) for infractions and ordinance cases shall continue to be
governed by the Indiana Rules of Trial Procedure and nothing in this rule
shall be read to conflict with those Rules.
6. Any protective order entered by the regular judge shall remain in
full force and effect until addressed by the special judge, the judge
receiving the case via transfer or the judge receiving the case upon filing
of a Petition for Trial De Novo or Appeal from a city or town court.
D. Trials de Novo or Appeals from City or Town Courts
Upon filing a request for a Trial de Novo or Appeal from a city or town
court for a misdemeanor, infraction or ordinance case and the posting of
a bond, if required by the Trial de Novo Rules or by statute, the county
division clerk shall randomly assign the case to the appropriate court of
the county division pursuant to section B of this rule as if the case were a
newly filed charge.
The clerk of the county division shall notify the city or town court from
which a Trial de Novo or Appeal is sought as to the filing of the Trial de
Novo or Appeal and whether a bond was posted in a misdemeanor case.
The posting of a bond with the county division clerk for a misdemeanor
70
case shall stay the execution of the sentence imposed by the city or town
court. Bond shall be set pursuant to the bond schedule. With the consent
of the city or town court, a bond originally posted in the city or town
court may be transferred to the county division clerk and utilized as a
Trial de Novo or Appeal bond.
No judge of the county division may decline the assignment of a Trial de
Novo or Appeal from a city or town court unless retaining jurisdiction by
the county division judge would violate the Code of Judicial Conduct.
Upon a proper recusal, the procedures outlined in Sec. C of this rule shall
be followed, however, no judge of a city or town court will be eligible to
be a special judge of a Trial de Novo or Appeal from a city or town court;
rather, if a city or own court judge is next on the list of special judges, the
Administrator shall appoint the next judge on the list who is NOT a city
or town court judge.
E. Transfers.
This rule shall not prohibit a town, city or superior court from
transferring a case from one court to another. This rule shall also not be
understood to encourage or permit the transfer of a case merely on the
agreement of the prosecution and defense.
Pursuant to Admin. Rule 22, any reassignment of a case from a city or
town court to the county division that does not involve the recusal of a
city or town court judge or the filing of a petition for trial de novo or
appeal, constitutes a transfer that requires the acceptance of a county
division judge. Such acceptance must be obtained prior to the entry of
any order to transfer from a city or town court.
F. Transfers to Veterans’ Treatment Court
A Veterans’ Treatment Court (hereafter VTC) will be presided over by
the Judges of County Division III.
Upon assignment to the VTC, the clerk shall assign a County Division III
cause number to the case.
71
For a Defendant to qualify for transfer to the VTC s/he must meet the
following criteria. A Defendant:
must have received an honorable or less than honorable discharge from
the armed services,
must be approved for transfer to the VTC by the Veterans
Administration,
must be willing to adhere to the terms and conditions regarding said
court and said agreement to be imposed by the VTC and the Veterans
Administration.
A Defendant’s Transfer to the Veteran’s Treatment Court can be affected
upon:
Order of a Judge of the County Division, Criminal Division, or any City or
Town Court located in Lake County sua sponte,
Motion of the Defendant or the State, if said Motion is granted by the
presiding judge of the County Division, Criminal Division or any City or
Town Court Judge located within Lake County, to whom the Defendant
was originally assigned.
If the VTC and/or the Veterans Administration determines that, upon
transfer to the Veterans’ Treatment Court, that a Defendant is ineligible
to participate or is unable to continue placement in the program, the
Veterans’ Treatment Court may return the case to the court that
originally had jurisdiction of the Defendant.
Transfers of cases directly to the VTC from counties other than Lake will
be reviewed by the VTC on a case-by-case basis.
G. Transfer of Case Due to conflict
Court orders concerning the reassignment of any criminal or quasi
criminal case must specifically indicate the reason for the reassignment.
72
LAKE COUNTY ADMINISTRATIVE RULES
LR45-AR1-01 Plan for Allocation of Judicial
Resources
I. Pursuant to TR81(A), the Lake Circuit and Superior Courts adopt this
Rule, effective January 1, 2025, governing the assignment of all cases filed in
the Lake Circuit or Superior Courts as required by and in accordance with
A.R. 1(E).
Unless changed by the court through addition, deletion and/or amendment,
these rules shall remain in effect until December 31, 2026.
Notwithstanding the enactment of the following statutes, IC 33-28-1-2, IC
33-29-1-1.5, IC 33-29-1.5-2 and IC 33-31-1-9, which address jurisdictional
issues, the Lake Circuit and Superior Courts adopt the following case
assignment schedule:
All MR, FA, FB, FC (Murder and Felony Levels 1, 2, 3, 4 and 5 after June 30,
2014) shall be filed in the Criminal Division pursuant to L.R. 45 C.R. 2.2.1 in
such a manner so as to ensure the equal distribution of them in the Criminal
Division Courts.
2. FD (Level 6 cases after June 30, 2014) cases shall be assigned amongst
the four Criminal Division and four County Division Courts pursuant to
the requirements of L.R. C.R. 2.2.1 in such a manner so as to ensure the
equal distribution of them between the Criminal and County Division
Courts.
3. PC, CM, and MC cases shall be filed pursuant to the requirements of
L.R. 45 C.R. 2.2.1
4. The filing of IF and OV cases is addressed in LR45-C.R.2.2.1, as
modified using the formulas below:
A. County Division 1 – (D07) will receive 60% of all IF cases filed in
the County Division.
B. County Division 3 – (D09) will receive 25% of all IF cases filed in
the County Division.
73
C. County Division 4 – (D12) will receive 15% of all IF cases filed in
the County Division.
D. County Division 2 - (D08) will receive all traffic related OV cases
originating from the following jurisdictions: Cedar Lake, Dyer, Highland,
St. John, and Winfield.
E. County Division 3 - (D09) will receive all traffic related OV cases
originating from the following jurisdictions: Lake County Sheriff’s
Department, Griffith, Munster, and Schneider.
F. County Division 4 – (D12) will receive all traffic related OV cases
originating from the City of Hammond, Whiting and New Chicago.
5. All JC, JD, JS, JP, JM, JT, and JQ cases shall be filed in the Superior Court,
Juvenile Division.
6. All CT and PL cases shall be filed via the IEFS. CT and PL cases shall be
distributed throughout the Circuit Court and Superior Court, Civil
Division, Rooms 1, 2, 4, 5, 6 and 7 in such a manner so as to comply with
Administrative Rule 1(E). The Circuit and Superior Court shall cooperate
to ensure such compliance. Pro Se filings at the Lake County Clerk’s
Office, after assignment by Court Administration, can then be filed into
the proper court by the Lake County Clerk’s Office
A. Any new CT or PL case which seeks emergency relief shall be
brought to the attention of the Judge of the Lake Circuit Court or a Judge
of the Superior Court, Civil Division, Rooms 6 or 7. That Judge shall
address the emergency matter. The case shall thereafter be transmitted
to the assigned Court as provided in this rule.
7. All MF and MI cases shall be filed via IEFS, where said cases shall be
randomly assigned to the Circuit Court and Civil Division, Rooms 1, 2, 4,
5, 6 and 7, in such a manner so as to ensure an equal division of these
cases in each court. However, MI cases seeking a name change may be
filed in the Clerk’s Office in Crown Point, Gary, Hammond or East
Chicago. Such cases shall be randomly assigned by the Clerk at each
location in such a manner so as to ensure an equal division of them to the
74
Circuit and Civil Division Courts at each location. Pro Se filings are also
accepted at any location of the Lake County Clerk’s Office
8. All CC cases shall be distributed by the Clerk’s Office in the following
manner to ensure caseload parity:
A. 30% of CC filings shall be assigned to Civil Division Room 3.
B. 10% of CC filings shall be assigned to Civil Division Room 1.
C. 10% of CC filings shall be assigned to Civil Division Room 2.
D. 10% of CC filings shall be assigned to Civil Division Room 4.
E. 10% of CC filings shall be assigned to Civil Division Room 5.
F. 10% of CC filings shall be assigned to Civil Division Room 6.
G. 10% of CC filings shall be assigned to Civil Division Room 7
H. 10% of CC filings shall be assigned to the Circuit Court
9. Protective Order (PO) cases may be filed in the Circuit Court, Superior
Court, Civil Division and Juvenile Division Courts by court location in the
following manner:
A. In PO cases filed in Crown Point, where the parties are married
with children and have a pending or previous dissolution case, the PO
case shall be assigned to the Court having jurisdiction over the previous
or pending case.
B. In PO cases filed in Crown Point, where the parties are married
with children but no dissolution case has been filed, the PO case shall be
assigned to the Circuit Court.
C. In PO cases filed in Crown Point, where the parties are not
married but have children, the PO case shall be assigned to the Juvenile
Division.
D. In PO cases filed in Crown Point, where the parties are not
married but have children and have a pending case in the Juvenile
Division, the PO case shall be assigned to the Juvenile Division.
75
E. Notwithstanding the above listed paragraphs, A through D, in
the event there is an emergency, serious injury, and/or threat of serious
injury to the Petitioner, the PO case filed in Crown Point shall be
assigned to the Circuit Court, Superior Court, Civil Division or Juvenile
Division. After due consideration and determination of the Petition for
Protective Order, said court shall transfer any further action on the
Protective Order to the Court having jurisdiction over the companion
case (dissolution or paternity).
F. In PO cases filed in Crown Point, where there is alleged domestic
violence and the parties are not married and have no children, the PO
case shall be assigned to the Circuit Court or Superior Court, Civil
Division.
G. In PO cases filed in Crown Point, where stalking is alleged, the
PO case shall be assigned to the Circuit Court or Superior Court, Civil
Division.
H. In PO cases filed in Crown Point, where there has been domestic
violence and one of the parties is in custody or criminal charges have
been filed, the PO case shall be assigned to the Circuit Court or Superior
Court, Civil Division.
I. In PO cases filed in Crown Point, where there has been sexual
abuse of a minor alleged, the PO case shall be assigned to the Juvenile
Division.
J. In PO cases filed in Gary, where the parties are married with
children and have a pending or previous dissolution case in the Superior
Court, Civil Division, Room Three, the PO case shall be assigned to
Superior Court, Civil Division, Room Three.
K. Notwithstanding the above assignment parameters established
for PO cases, all other Protective Orders filed in Crown Point, Gary and
Hammond shall be assigned by the Clerk of the Circuit Court and
Superior Court, Civil Division in such a manner so as ensure equal case
distribution. All PO cases filed in the Clerk’s Office on East Chicago shall
be assigned to the Superior Court, Civil Division, Room 2 sitting in East
Chicago.
76
L. The Clerk of the Circuit Court, Superior Court, Civil Division and
Juvenile Division shall process all PO case filings and have them assigned
and delivered to the proper Court consistent with these rules no later
than 3:30P.M. unless there has been serious bodily injury or threat of
bodily injury.
10. All DC, DN and RS cases shall be filed in the Circuit Court in Crown
Point, or in the Superior Court, Civil Division - Room 3 in Gary.
11. All MH, ES, EU GU and TR cases shall be filed in either the Circuit
Court or in the Superior Court, Civil Division Rooms 2, 5, and 7. GU
petitions filed by the Volunteer Advocates for Seniors and Incapacitated
Adults (VASIA) program or any other volunteer adult guardian program
shall be filed in Civil Division, Room 7.
12. All TS and TP cases shall be filed in the Circuit Court in Crown Point.
13. All Petitions for Guardianship over the person of minors with no
assets shall be filed in the Superior Court of Lake County, Juvenile
Division. All other Petitions for Guardianship, including those over
minors with assets, shall continue to be filed in either Lake Circuit Court
or any Lake Superior Court, Civil Division Courtroom having a probate
division. This shall not affect any pending GU case in either Lake Circuit
Court or Lake Superior Court, Civil Division.
14. All Petitions for Adoption (AD) shall be filed in the Superior Court of
Lake County, Juvenile Division. Any such AD case may be transferred to
either the Lake Circuit Court or any Lake Superior Court, Civil Division
Courtroom by either the Judge of the Juvenile Division or by the Chief
Judge of the Lake Superior Court. This shall not affect any pending AD
case in either the Lake Circuit Court of Lake Superior Court, Civil
Division.
15. RF filings can be civil or criminal in nature. RF filings should be file.
in Crown Point.
A. Criminal RF cases will be filed randomly in the Criminal Division
and the County Division (All courts will criminal jurisdiction), unless the
defendant has pending or disposed cases in one of those courts already.
77
B. Civil RF cases will be filed randomly in the Circuit Court, the Civil
Division and the County Division (all Crown Point courts with civil
jurisdiction)
16. EV filing may be filed in the court elected by the filer. Small Claims
evictions will be exclusively filed in the County Division. (see number 17)
17. The County Division shall have exclusive original jurisdiction of all
Small Claims Cases, appeals, and/or Trials De Novo of civil cases from
City or Town Courts. The County Division courts shall maintain a Plenary
Docket, with limited jurisdiction as more fully described below:
A. There shall be no random filing of civil cases in the County
Division.
B. The Plenary Docket is limited to cases designated as PL, CT, CC
and MI.
C. Damages awarded in any case filed on the Plenary Docket shall
not exceed $10,000.00 (ten-thousand dollars).
D. The term “damages” shall include attorney fees, but excludes
court costs, post judgment interest and any sanctions that a court may
impose.
18. No case seeking equitable relief shall be filed in the County Division
except as follows:
A. Orders directing the Bureau of Motor Vehicles to issue car titles,
car registrations and driver’s licenses,
B. Evictions,
C. Replevins, provided the value of the property at issue does not
exceed $10,000.00,
D. Civil proceedings against property related to criminal activities,
provided the value of the property does not exceed $10,000.00.
19. This rule shall not be construed as limiting the powers of the County
Division Courts with respect to collecting judgments, punishing
contempt or enforcing its orders.
78
20. These rules should not be construed to exclude a County Division
Judicial Officer from adjudicating a case by way of transfer or special
judge assignment that would otherwise exceed the jurisdictional limits
set forth in these rules for the County Division Courts.
21. By filing suit on the Plenary Docket or by filing a counterclaim or
cross claim, a party waives any right to relief that is beyond the County
Division’s jurisdictional limits set forth in these rules. However, if a party
can establish that the claim was mandatory or that due diligence would
not have disclosed the need to request such relief prior to filing their
suit, or that transfer is appropriate pursuant to T.R. 75(B), upon motion,
the case shall be transferred to the Circuit or Civil Division Courts. Upon
such transfer, the case shall no longer be constrained by the
jurisdictional limits set forth in these rules.
(Amended effective January, 1, 2023)
LR 45-AR00-02 Priority of Bond Schedule
The Clerk of the Circuit Court, at the time of disposition, in all cases in the
County Division which fees are owed and there is a cash bond, before
bond is released to defendant, or to the attorney pursuant to bond
assignment, shall deduct and collect fees from the cash bond in the
subsequent manner:
1st Restitution when ordered;
2nd LADOS Full Program Fee/ LADOS Monitoring Referral Fee/ LADOS
Transfer Fee/ LADOS Education Only Fee/ LADOS Evaluation Only Fee.
The Clerk of the Circuit Court, is ordered to deposit all funds collected for
said LADOS Division 1 Program into the Lake Superior Court, County
Division Room 1 (LADOS Division 1) User Fee Fund 217. The Clerk of the
Circuit Court, is ordered to deposit all funds collected for said LADOS
Division 2 Program into the Lake Superior Court, County Division Room
2 (LADOS Division 2) User Fee Fund 218;
3rd Administration Probation Fee pursuant to statute;
4th All Probation User Fees pursuant to statute;
79
5th Countermeasure and/or any other fee;
6th Court Costs
80
LR 45-AR 00-03 Lake Superior Court, County Division
I and II, Court Administered Alcohol and Drug Service
Program Fee Schedule
Assessment $ 150.00
Service Coordination & Case Management $ 250.00
Assessment, Service Coordination & Case Management $ 450.00
Education – Level 2 $ 350.00
Education – Level 3 $ 400.00
Transfer $ 100.00
LR 45-AR 00-03.1 Lake Superior Court, County
Division IV, Drug Court Program Fee Schedule
The Lake County Drug Court (Superior Court of Lake County, County
Division, Room Four) Problem-Solving Court determined that
assessment of fees for client’s enrolled in this program is appropriate;
the Court now adopts the schedule of fees pursuant to the authority
granted by statute I.C. 33-23-16-20, I.C. 33-23-16-23, and I.C. 33-23-16-
24.
The Lake County Drug Court (Superior Court of Lake County, County
Division, Room Four) or the Clerk of the Court shall collect fees under
this section. The fees must be transferred within thirty (30) days after
the fees are collected, for deposit by the auditor or fiscal officer in the
designated Lake County User Fee Fund under I.C. 33-37-8.
Schedule of Program Fees:
The Lake County Drug Court (Superior Court of Lake County, County
Division, Room Four) may require eligible individuals to pay:
A problem-solving court administration fee of not more than $100 per
admission to the problem-solving Court for initial problem-solving court
services regardless of the length of participation in the problem-solving
Court.
81
A problem-solving Court services monthly fee of not more than $50
beginning with the second month of participation and for each month
thereafter for the duration of participation in the problem-solving Court.
Administrative Fee $100.00
Court Fee $50.00 (waived first 30 days)
$10.00 per day when in work release
$10.00 per day on Alcohol Monitoring
$10.00 per day on Electronic Monitoring (EM)
$15.00 per week on House Arrest without EM
EM Probation fees ($15-$30/monthly based on income)
LR 45-AR 00-03.2 Lake Superior Court, Juvenile
Division, Lake County Juvenile Family Recovery Court
Fee Schedule
Request for participation in the Lake County Juvenile Family Recovery
Court is processed through a CHINS petition.
NO fees are collected for participation in this problem solving court.
LR 45-AR 00-03.3 Lake Superior Court, Criminal
Division I, Community Transition Court Fee Schedule
Administrative Fee $100.00
Monthly Court Fee $50.00
All Fees waived first 30 days
82
LR 45-AR 00-03.4 Lake Superior Court, Criminal
Division II, Community Therapeutic Intervention
Court Fee Schedule
Administrative Fee $100.00
Monthly Court Fee $50.00 (waived first 30 days)
$10.00 per day when in work release
$10.00 per day on Alcohol Monitoring
$8.00 per day on Electronic Monitoring (EM)
$25.00 per week on House Arrest without EM
LR 45-AR 00-03.5 Lake Superior Court, County
Division III, Veteran’s Treatment Court Fee Schedule
Administrative Fee $100.00
Monthly Court Fee $50.00 (waived first 30 days)
Amended 5/1/25
LR 45-AR 00-04 Judicial Transfer
The Superior Court of Lake County is a unified court system consisting of
separate but equal divisions. Thus, subject to any conflicting valid
statutory authority, in the event a new court is created or a court is
vacated in the Superior Court, a sitting judge of the Superior Court may
elect to serve in the new or vacated court. Should more than one judge
wish to serve in a court under this provision, the judge with the most
seniority shall prevail. In the event two or more judges with equal
seniority wish to serve in a court, the decision will be made by lot.
83
LR 45-AR 15-05 Court Reporter Services
The following rule for the provision of court reporter services in the
Civil, County, Criminal and Juvenile Divisions of the Circuit and Superior
Courts of Lake County is hereby adopted.
I. Definitions
A. A court reporter is a person who is designated by a court,
division or room to perform court reporting services, including the
preparation of transcripts.
B. Equipment means all physical property owned by the court or
other government entity and used by a court reporter in providing court
reporting services. Equipment shall include, but not be limited to,
telephones, photocopiers, computer hardware and software, disks, tapes,
and any other device for recording, storing, and transcribing electronic
data.
C. Work space means those portions of court facilities used by a
court reporter while providing court reporting services.
D. Page means the page unit of a transcript prepared in
accordance with the Indiana Rules of Appellate Procedure.
E. Recording includes any electronic, mechanical, stenographic
or other recording of a proceeding.
F. Regular hours worked means the hours that a court, division
or room is officially open each work week.
G. Gap hours worked means those hours worked in excess of the
regular hours worked, but not hours in excess of forty hours per work
week.
H. Overtime hours worked means those hours worked in excess
of forty hours per work week.
I. A work week means Sunday through Saturday.
84
J. Court means the Circuit and/or Superior Courts of Lake
County, including all civil, county, criminal and juvenile divisions.
K. Division means the civil, county, criminal or juvenile division
of the court.
L. Room means an individual courtroom of a division of the
court.
M. Transcript means the original of the transcription of a
proceeding. Under the rules of trial, criminal and appellate procedure,
the original is usually filed with the clerk of the court.
Deposition transcript means the original and one copy of the
transcription of a proceeding. The original and one copy is provided to
the requesting party.
N. An expedited transcript is a transcript which is required to be
delivered to a requesting party within fifteen (15) calendar days.
O. A daily transcript is a transcript which is required to be
delivered to a requesting party within twenty-four (24) hours.
P. An hourly transcript is a transcript which is required to be
delivered to a requesting party within the same day.
Q. County indigent transcript means a transcript that is paid for
from county funds.
R. State indigent transcript means a transcript paid for from
state funds.
S. Private transcript means a transcript, including but not
limited to a deposition transcript that is paid for from funds other than
county or state funds.
T. Independent transcript means a transcript that is prepared by
a contract transcriber.
U. In a court, division or room currently without a court
reporter on its payroll or assigned for the court’s use, whose duties
include the preparation of transcripts, a contract transcriber is a person
85
not on a court’s payroll, but who is designated by a court, division or
room, pursuant to a memorandum of understanding consistent with the
requirements of Administrative Rule 15, to prepare transcripts and who
is prohibited from using court or county equipment, work space or
supplies.
II. Compensation
A. A court reporter shall be paid an annual salary for time spent
working under the control, direction and direct supervision of the court,
a division or a room during any regular work hours, gap hours or
overtime hours. A written agreement consistent with the personnel
policies of the court reporter’s division which outlines the manner in
which the court reporter is to be compensated for gap hours and
overtime hours worked shall be entered into between a court reporter
and the court, division or courtroom for which the court reporter
provides services.
B. The fee that a court reporter or contract transcriber may
charge for the preparation of a county indigent transcript four dollars
($4.00) per page.
C. A claim for the preparation of a county indigent transcript
shall be submitted directly to the county.
D. The fee that a court reporter or contract transcriber may
charge for the preparation of a state indigent transcript four dollars
($4.00) per page.
E. The fee that a court reporter or contract transcriber may
charge for the preparation of an indigent deposition transcript is four
dollars ($4.00) per page.
The fee that a court reporter or contract transcriber may charge for the
preparation of a private deposition transcript is four dollars and twenty-five cents ($4.25) per page.
F. The fee that a court reporter or contract transcriber may
charge for the preparation of all other private transcripts is four dollars
86
and fifty cents ($4.50) per page, with a minimum fee of forty dollars
($40.00).
G. The fee that a court reporter or contract transcriber may
charge for an additional copy of a transcript two dollars ($2.00) per page.
H. A court reporter or contract transcriber may charge up to an
additional one dollar ($1.00) per page for an expedited county transcript.
I. A court reporter or contract transcriber may charge up to an
additional one dollar and fifty cents ($1.50) per page for an expedited
private transcript.
J. A court reporter or contract transcriber may charge up to an
additional two dollars and fifty cents ($2.50) per page for a daily
transcript.
K. A court reporter or contract transcriber may charge up to an
additional three dollars and fifty cents ($3.50) per page for an hourly
transcript.
L. A court reporter or contract transcriber may charge up to an
additional one dollar and 25 cents- ($1.25) per page for a private
transcript consisting primarily of technical testimony.
M. A court reporter or contract transcriber may charge up to an
additional one dollar ($1.00) per keyword index page for a private or
indigent transcript with a keyword index.
N. A court reporter or contract transcriber may charge up to an
additional twenty-five cents ($0.25) per page for a private or indigent
transcript which is printed in a condensed format.
O. A court reporter or contract transcriber may charge thirty
cents ($0.30) per page for photocopying of exhibits for private
transcripts.
P. A court reporter or contract transcriber may charge an
additional labor charge approximating an hourly rate based upon the
court reporter’s annual court compensation or contract transcriber’s
87
hourly rate of pay for the time spent binding the transcript and the
exhibits pursuant to Indiana Rules of Appellate Procedure 28 and 29.
Q. A court reporter or contract transcriber shall be reimbursed
for the cost of office supplies required and utilized for the binding and
electronic transmission of the transcript, pursuant to Indiana Rules of
Appellate Procedure 28 and 29, as itemized in the “Schedule of Supplies”.
R. The county shall provide supplies for the preparation of
notices of filing private transcripts and motions for extension.
S. At least once each year a court reporter shall report all
transcript fees received to the Indiana Supreme Court, Division of State
Court Administration.
III. Private Practice
A. If a court reporter elects to engage in private practice through
the recording of a deposition or preparing of a deposition transcript and
the court reporter desires to use the court’s equipment, work space or
supplies, the court reporter shall enter into a written agreement which
must, at a minimum, designate the following:
1. the reasonable market rate for the use of the
equipment, work space and supplies;
2. the method by which records are to be kept for the use
of equipment, work space and supplies; and,
3. the method by which the court reporter is to reimburse
the court for the use of equipment, work space and supplies.
B. If the court reporter elects to engage in private practice
through the recording of a deposition or preparing of a deposition
transcript, all such private practice shall be conducted outside of regular
working hours.
88
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-47-lake-local-rules-2026-01-01
- Content hash
1a5819702d78db4a2001c0c09c9a02da9ad3783682a6a355cb104e4babcae829
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.