Ind. Marion Cnty. Crim. Local Rule LR49-CR2.3-101

It shall be the policy of the Marion Superior Court, that wherever possible consistent with good

case management principles, cases involving the same defendant shall be consolidated into one

court for resolution of all of the pending cases.

“Pending” as defined herein means any existing Major Felony, Class D/Level 6 Felony, or

Misdemeanor case which is in pre-disposition status.

(a) Murder, Class A, B and C Felony Cases, and Level 1, 2, 3, 4, and 5 Felony Cases

(hereinafter “Major Felony case”)

Any subsequently filed Major Felony case shall be assigned and/or transferred to the

Court where the defendant’s oldest Major Felony case is pending.

Any subsequently filed Class D/Level 6 Felony or Misdemeanor case shall be assigned

and/or transferred to the Court where the defendant’s oldest Major Felony case is

pending.

In the event the defendant has an open Class D/Level 6 Felony or Misdemeanor case

pending in any criminal court and is subsequently charged with a Major Felony case, the

pending Class D/Level 6 Felony or Misdemeanor case shall be transferred to the Major

Felony Court.

In the event the defendant has an open probation case and/or open community corrections

violation pending in any criminal court and is subsequently charged with a Major Felony

case, the probation case and/or open community corrections violation shall be transferred

to the Major Felony Court, unless the probation case and/or open community corrections

violation can be resolved without the resolution of the new Major Felony case.

Cases pending in major felony drug court and in Class D/level 6 felony drug court are

exempt from consolidation under this sub-paragraph.

(b) Class D/Level 6 Felony Cases

Any subsequently filed Misdemeanor or Class D/Level 6 Felony case shall be assigned

and/or transferred to the Court where the defendant’s oldest existing Class D/Level 6

Felony case is pending.

In the event the defendant has an open Misdemeanor case in any criminal court and is

subsequently charged with a Class D/Level 6 Felony case, the Misdemeanor case shall be

transferred to the Class D/Level 6 Felony Court.

In the event the defendant has an open probation case and/or open community corrections

violation pending in any Class D/Level 6 Felony or Misdemeanor Court and is

subsequently charged with a Class D/Level 6 Felony case, the probation case and/or open

community corrections violation shall be transferred to the Class D/Level 6 Felony Court

where the new case has been filed, unless the probation case and/or open community

corrections violation can be resolved without the resolution of the new Class D/Level 6

Felony case.

“Pending” as defined herein means any existing Class D/Level 6 Felony or Misdemeanor

case which is in pre-disposition status.

This rule shall not apply to cases that are linked with a co-defendant. However, if one of

the co-defendants is accepted into the PAIR program, the accepted defendant may be

severed and transferred to the designated Mental Health Court without the non-accepted

co-defendant(s) case(s).

(c) Misdemeanor Cases

Subject to the provisions of paragraphs (a) and (b) above, any subsequent Misdemeanor

case filed against a defendant shall be assigned and/or transferred to the Court where the

defendant’s oldest existing Misdemeanor case is pending. In the event the defendant has

an open probation case pending in any Misdemeanor Court and is subsequently charged

with a new Misdemeanor case, the probation case shall be transferred to the new

Misdemeanor Court unless the probation case can be resolved without the resolution of

the new Misdemeanor case.

Pending as defined herein means any existing Misdemeanor case which is in pre-disposition status.

This rule shall not apply to cases that are linked with co-defendants. However, if one of

the co-defendants is accepted into the PAIR program, the accepted defendant may be

severed and transferred to the designated Mental Health Court without the non-accepted

co-defendant(s) case(s).

(d) Mental Health Alternative Court Cases

A case in any misdemeanor or felony Court involving a defendant who may have mental

illness or mental disabilities may be referred to the Mental Health Alternative Court

(MHAC) to determine eligibility for admission into that Court. If eligible and

provisionally accepted, the case may, at the discretion of the Judicial Officer, be

transferred to the Mental Health Alternative Court.

(e) Change of Venue Cases

All cases received by the criminal division on change of venue from outside Marion

County shall be assigned to a room within the division on a random basis by the same

method used to assign cases of original jurisdiction in Marion County.

(f) Dismissed and Refiled Cases

When the State of Indiana dismisses a case, and chooses to refile that case, the case shall

be refiled in the court where the case was originally docketed. The refiled case must be

accompanied with a Notice of Refile including the following information about the

previously filed case: 1) cause number; 2) date of arrest; 3) days of incarceration; 4) days

on bond; 5) date of dismissal; and 6) whether a request has been made under Criminal

Rule 4 for a fast and speedy trial, if so the date the request was made and the time accrual

since that date.

(g) Other Considerations

It shall be the responsibility of the Prosecutor’s Office to provide a listing of all pending

cases with the case filing documents to ensure that all case transfers can be made

consistent with this rule. It shall also be the responsibility of the Prosecutor’s Office to

direct file a subsequently filed case into the Court where there is an existing pending case

for the same defendant consistent with subsections (a), (b), and (c) of this section. For

purposes of this rule an existing pending case includes cases designated as an “MC” case.

Notwithstanding any other provision in these local criminal rules, the Judge of each room

of the criminal division, by appropriate order entered of record may transfer and re-assign

to any other room of the criminal division any cause pending in that room subject to

acceptance by the receiving court. Further the Presiding Judge of the Criminal Division

or the Executive Committee may order the transfer of cases from one Court to another if

the Presiding Judge or the Executive Committee finds that a transfer and reassignment of

cases is necessary to provide for the speedy and fair administration of justice.

Amended effective January 1, 2021