Ind. County Local Rule: montgomery-local-rules

Montgomery County

Local Court Civil Rules

Updated January 1, 2026

LR54-AR00-1 Civil Case Assignments

LR54-AR00-2 Court Hours

LR54-AR00-3 Trials

LR54-AR10-4 Exhibits

LR54-AR00-5 Decorum

LR54-AR15-6 Court Reporters

LR54-TR3.1-7 Withdrawal of Appearance

LR54-TR00-8 Proposed Orders

LR54-TR40-9 Trial Settings

LR54-TR53.5-10 Continuances

LR54-TR79-11 Special Judges

LR54-TR79-12 Transfer of Jurisdiction

LR54-TR26-13 Discovery

Appendix A Civil Case Assignments

Appendix B Plan for Allocation of Judicial Resources

Appendix C Jury Draw

LR54-AR00-1

Civil Case Assignments

Civil actions and proceedings in the Montgomery Circuit and Superior Courts shall be

assigned among the courts as follows:

A. Montgomery Circuit Court: Any civil actions or proceedings; and all juvenile actions

or proceedings except juvenile termination of parental rights (JT) cases.

B. Montgomery Superior Court 1: Any civil actions or proceedings; all civil domestic

relations proceedings in which the Prosecuting Attorney has appeared pursuant to 42 USC

Section 602(a)(26), as amended ("Title IV-D" proceedings); and all adoption actions or

proceedings..

C. Montgomery Superior Court 2: Any civil actions or proceedings; all civil cases

founded on contract or tort in which the claim does not exceed the statutory small claims

jurisdictional amount; all possessory actions between landlord and tenant in which the claim

does not exceed the statutory small claims jurisdictional amount; all actions for possession of

property where the value of the property sought to be recovered does not exceed the statutory

small claims jurisdictional amount; all infraction and ordinance violation cases; all probate

actions or proceedings; and all juvenile termination of parental rights (JT) cases.

D. The judges of the Montgomery Circuit and Superior Courts by appropriate order

entered in the Record of Judgment and Orders, may transfer and reassign any case to any other

court in the county, subject to acceptance by the receiving court. A comprehensive list of civil

case assignments is located in Appendix A.

(Amended effective January 1, 2026)

LR54-AR00-2

Court Hours

The offices of the Montgomery County Courts shall be open from 8:00 a.m. until 4:30 p.m.,

Monday through Friday, legal holidays excluded, and at other such hours as each Court may from time to

time order.

(Amended effective January 1, 2022)

LR54-AR00-3

Trials

A. Jury trials shall begin promptly at 9:00 a.m. unless otherwise directed by the Court. The

prospective jurors, the attorneys and the litigants shall report at 8:30 a.m. on the first day of trial

and thereafter as the Court shall direct.

B. Court trials and hearings shall begin promptly at the time assigned. The attorneys and

the litigants should arrive substantially in advance of the scheduled time for the purpose of

entering into any last-minute stipulations or agreements. Negotiations or settlement

discussions should be concluded prior to the hearing or trial time.

LR54-AR10-4

Exhibits

A. After being marked for identification, models, diagrams, exhibits and material

offered or admitted in evidence in any cause pending or tried before the Court shall be placed

in custody of the Court Reporter unless otherwise ordered by Court.

B. All models, diagrams, exhibits, or materials placed in the custody of the Court

Reporter shall be removed by the parties offering them in evidence, except as otherwise

ordered by the Court, within sixty (60) days after the case is decided unless an appeal is taken.

In all cases in which an appeal is taken, they shall be removed within thirty (30) days after the

appeal is finally resolved. At the time of removal, a detailed receipt shall be given to the Court

Reporter and filed in the cause. Items which are not claimed by parties shall be deemed

abandoned, and the Court will dispose of the model or exhibit as the Court deems appropriate.

C. In all contested hearings and trials, the attorneys shall prepare and submit to

the Court Reporter a schedule of exhibits. Attorneys shall pre-mark all exhibits. Plaintiffs

and petitioners shall use numerals and defendants and respondents shall use letters.

LR54-AR00-5

Decorum

A. The attorneys shall be punctual, shall arrive at court early for hearings, and

shall instruct clients and witnesses to be present before a hearing or trial is scheduled so that

the Court's business may move with dispatch.

B. The attorneys, parties and witnesses shall dress in a manner which is

appropriate to the dignity and the formality of the Court.

C. The attorneys, parties and witnesses shall conduct themselves in Court in a

restrained and dignified manner. No person should lean on the bench nor sit on counsel

tables.

D. No person while in the courtroom shall smoke, chew tobacco, eat, or drink.

No person shall converse, read material or use a computer or other electronic devices in a

manner which might be offensive or distracting to the Court or any other person present in

the courtroom. Attorneys and parties who find it necessary to converse during the course of

a hearing or a trial shall do so as quietly as possible and in tones calculated

not to distract, disturb or influence the Court or any other person present in the courtroom.

E. Entering and leaving the courtroom should be done as infrequently

and unnoticeably as possible.

F. The offices of the Court, the Judge and the court staff are not to be considered

by the attorneys, litigants, or other parties as their own private offices or as being readily

available for the use of the attorneys, litigants or other parties. The Court and its staff will

assist attorneys as it is convenient, but the attorneys should not expect the court staff to

relinquish their telephones, computers, copiers, desks, or their time for the attorneys' use or

benefit. The Court and its staff reasonably expect to perform their work without distraction or

interference from attorneys, litigants or other parties.

G. Lawyers shall not talk to or in any way distract the Court Reporter

during hearings in which the lawyers are not participating.

LR54-AR15-6

Court Reporters

A. Salaries and Per Page Fees.

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

control, direction and direct supervision of their supervising Judge during any regular work

hours, gap hours or overtime hours. The supervising Judge shall enter into a written agreement

with the court reporters which outlines the manner in which the court reporters are to be

compensated for gap and overtime hours, i.e., monetary compensation or compensatory time

off regular work hours.

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

county indigent transcript shall be $4.00. The court reporter shall submit a claim directly to the

county for the preparation of any county indigent transcripts.

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

a state indigent transcript shall be $4.00.

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

a private transcript shall be $4.00.

(5) The maximum per page fees set forth in subsections (2),(3) and (4) shall apply

only to transcripts prepared in the ordinary course of business or to be prepared within the

time permitted by the Indiana Rules of Appellate Procedure. The fee per page for expedited

transcripts shall be $6.00 if the transcript is to be prepared within two (2) weeks, and $5.00

per page if the transcript is to be prepared within four (4) weeks.

(6) A minimum fee of up to $40.00 may be charged by

a court reporter for a small transcript.

(7) In addition to per page fees, a court reporter

may charge the following:

(a) Index and Table of Contents pages may be charged at the per page

rate being charged for the rest of the transcript;

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

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

binding the transcript and the exhibit binders;

(c) A reasonable charge for the office supplies required and utilized for

the binding and electronic transmission of the transcript, pursuant to Indiana Rules of

Appellate Procedure 28, 29 and 30 is permissible.

(8) Each court reporter shall report, at least annually, all transcript fees received for

the preparation of county indigent, state indigent and/or private transcripts to the Indiana Office

of Judicial Administration.

LR54-TR3.1-7

Withdrawal of Appearance

A. An attorney's appearance and representation in a case may only be withdrawn

upon the filing of a written motion and an order of the Court granting such motion, except in

the following instances:

(1) The party authorized the withdrawal in open court;

(2) The party authorized the withdrawal in writing, such authorization being

verified; or

(3) There is an appearance simultaneously filed by successor counsel.

B. The written motion shall state the reasons for withdrawal with specificity and

must demonstrate written notice to the client of the intent to make application to withdraw the

appearance and representation. The notice must have been given at least ten (10) days prior

to filing the motion to withdraw, shall advise the client that failure to secure new counsel

may result in dismissal of the client's case or in the rendering of a default judgment, shall

advise of the date and time the motion will be considered, and shall advise of the status of the

case and of the existence and significance of any hearing dates or deadlines established by

the Court in that case. The attorney shall in all other respects comply with Rule 1.16 of the

Rules of Professional Conduct.

C. Withdrawal may not be permitted if less than 40 days remain until a trial

or hearing date.

D. No withdrawal shall be permitted if such withdrawal would deprive the Court

of jurisdiction over a party.

E. In the motion for withdrawal, the attorney shall certify the last known address

and telephone number of the party if upon withdrawal no appearance is entered by successor

counsel.

F. Until a withdrawal is granted the attorney continues to be responsible for

all aspects of the case, including attending all trials and hearings.

G. Withdrawal of appearance in criminal cases will only be allowed pursuant to I.C.

35-36-8-2. A hearing shall be held, with the defendant present, on all motions to withdraw

based upon the grounds set forth in I.C. 35-36-8-2(b)(3-5).

LR54-TR00-8

Proposed Orders

A. The Court shall not be required to act on any motion, petition or other request

for relief unless a proposed order is tendered.

B. All proposed orders submitted by counsel shall meet the following requirements:

(1) Contain a complete distribution list of all attorneys and/or pro se litigants

with complete addresses.

(2) Include a sufficient number of copies of such proposed order as follows:

Original for Court, copy for Court file, one copy for each attorney and/or pro

se litigant, and sufficient copies for service by Clerk or Sheriff.

(3) Include envelopes appropriately addressed, postage prepaid, for each attorney

and/or pro se litigant on the distribution list. Envelopes are not necessary for

any attorney or litigant who has an email address in the database for electronic

service or for any attorney who has a mailbox in the Clerk’s office.

LR54-TR40-9

Trial Settings

A. All requests for trial settings or other evidentiary hearings shall include

the following information:

(1) Type of trial or hearing (jury trial, court trial, final hearing in

dissolution, etc.).

(2) An honest, good-faith estimate of the court time needed for the trial or

hearing.

B. A proposed order shall be tendered with appropriate blanks for date and time.

C. Every opposing attorney or pro se litigant who receives such an order and

either has a conflict with the setting or disputes the estimate of court time needed for the trial

or hearing, or both, shall first contact the attorney or pro se litigant who obtained the setting

and attempt to resolve the scheduling problem and agree on the date and amount of time for

the trial or hearing. If unable to resolve the problem, the opposing party or pro se litigant

shall then notify the Court in writing within ten (10) days of the receipt of the original order

and give their honest, good-faith estimate of the court time needed.

LR54-TR53.5-10

Continuances

A. All motions for continuance shall be in writing, and shall be verified if filed by

a pro se litigant.

B. The motion must be filed promptly upon the discovery of the cause therefor.

Motions for continuance, including agreed motions, must be filed at least five (5) days,

excluding Saturday, Sunday and holidays, before a court trial or hearing, and at least ten

(10) days before a jury trial, unless good cause is shown.

C. Withdrawal or change of attorneys, in and of itself, shall not be sufficient basis

for continuing a trial or hearing.

D. Motions for continuance shall include the following information:

(1) The specific reason the continuance is necessary (general assertions,

e.g., "unavailability of counsel", "unavailability of witness", "other

commitments", etc., shall be subject to summary denial).

(2) Whether opposing counsel has been advised that a continuance will

be requested.

(3) Whether opposing counsel agrees to the continuance.

(4) The date and time of the hearing or trial for which a

continuance is sought.

(5) The approximate amount of time needed for such hearing or trial

upon rescheduling.

E. All motions for continuance must be signed by the party who is requesting it or

whose attorney is requesting it. If the party does not sign the motion, signature by the attorney

is certification that the party has been notified of the request, agrees to the continuance, and

understands the reason for which the continuance is sought.

F. Such motion and any accompanying affidavits or documents shall be served

upon opposing counsel or the opposing party in person unless there is a showing that opposing

counsel or the party has acquiesced or agreed to the motion to continue. The motion to

continue will not be granted as a matter of course or as a matter of right. Unless the opposing

party or attorney agrees or acquiesces in the motion, the motion will not be granted ex parte

and the Court will not rule on the motion until three (3) days after filing, or six (6) days if

served by mail.

G. The motion to continue, if granted, may be granted subject to the payment of

costs or expenses connected with the continuance or for the delay of the trial or hearing which

are necessarily incurred by the parties or by the Court.

H. Under no circumstances and in no case will any matter be continued or removed

from the Court's hearing or trial calendar without order of the Court granting such continuance

or removal from the calendar.

LR54-TR79-11

Special Judges

A. Pursuant to Trial Rule 79(H), after consulting with the other judges within the 11th

Administrative District established in Administrative Rule 3(A); having considered the effective

use of all judicial resources within such Administrative District; and having considered the

accessibility of those judges who are eligible for appointment by a trial court as a special judge

pursuant to Trial Rule 79(J); the following judges shall be appointed pursuant to a local rule

pursuant to Trial Rule 79(H), and shall comprise the list for such appointments, and be selected

alphabetically by county on a rotating basis, as follows: The judge of the Fountain Circuit Court,

the judge of the Montgomery Circuit Court, the judge of the Montgomery Superior Court 1, the

judge of the Montgomery Superior Court 2, the judge of the Parke Circuit Court, the judge of the

Vermillion Circuit Court, and the judge of the Warren Circuit Court.

B. In the event that no judge is eligible to serve as a special judge or the particular

circumstances of the case warrant selection of a special judge by the Indiana Supreme Court, such

case shall be certified to the Indiana Supreme Court for the appointment of a special judge.

C. After a special judge is selected, the caption of all pleadings filed thereafter shall

designate “Before Special Judge ____________________” immediately below the cause number.

D. A copy of each pleading or each paper filed with the Court after a special judge

has qualified shall be mailed or delivered to the office of that special judge by the counsel or

litigant with service indicated on the certificate of service.

(Amended effective July 1, 2011)

LR54-TR79-12

Transfer of Jurisdiction

A. It may, from time to time, be expedient for the Judges of the Montgomery Circuit

and Superior Courts to transfer cases between the courts. This shall be done with the consent of

the two judges involved in the transfers.

B. When a Petition for Protective Order is filed and a Dissolution of Marriage

action is filed involving the same parties, the Protective Order proceeding shall be transferred

to the Court where the Dissolution is pending. The two cases shall be cross-referenced in the

electronic database system and scheduled together, in the interest of judicial economy, when

appropriate.

C. If a case is transferred, any request for a change of judge or county may be

made by a party entitled thereto, in accordance with the provisions of Trial Rule 76.

D. It may, from time to time, be expedient for the Judges of the Montgomery

Circuit and Superior Courts to hear cases pending in the other court. If the matter proposed to

be heard by one of the judges in the other court is not an emergency, and if it is actively

contested, any party or counsel of record may make timely objection to the hearing of such

matter by the other judge, and the objection shall be sustained.

E. The Judge of the Montgomery Circuit Court authorizes the Judge of either

Montgomery Superior Court to sit as Judge of the Montgomery Circuit Court, at any time, in

any case.

F. The Judges of the Montgomery Superior Courts authorize the Judge of the

Montgomery Circuit Court and authorize the Judge of the other Superior Court to sit as Judge

of either or the other Montgomery Superior Court, at any time, in any case.

G. A Judge of any of the three courts may sit in any of the other courts as judge

pro tempore or as special judge.

H. In the event the regular judge of a court must recuse because the judge's spouse is

acting as a lawyer in a proceeding, a Special Judge shall be selected pursuant to Trial Rule

79(H) and LR54-TR79-22(A).

LR54-TR26-13

Discovery

A. Objections to interrogatories or requests for admission shall be stated

with specificity and certainty and the reasons therefor shall be accompanied by citation

of legal authority.

B. Duplicated forms are discouraged and shall not be filed or served upon a party

unless each interrogatory, request for admission or request for production of documents on

such form is consecutively numbered and applicable to the case in which the same is filed and

served. The intent and purpose of this Rule is to prohibit the filing of duplicated forms of stock

interrogatories and requests for admission except where the nature of the case or the number of

parties make the use of such forms necessary.

C. No party shall serve on any other party more than twenty-five (25)

interrogatories, requests for production or requests for admission other than requests relating

to the authenticity or genuineness of documents 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 the proposed additional interrogatories or requests for admission and the reasons

establishing good cause for their use.

Appendix A

Civil Case Assignments

Case Type Circuit Superior 1 Superior 2

Adoption (AD) X

Civil Collection (CC) X X X

Civil Tort (CT) X X X

Domestic Relations With Children (DC) X X X

Domestic Relations No Children (DN) X X X

Petition for Eviction (EV) X

Grandparent Visitation (GV) X X X

Mortgage Foreclosure (MF) X X X

Mental Health (MH) X X X

Miscellaneous (MI) X X X

Post Conviction Relief Petition (PC) X X X

Civil Plenary (PL) X X X

Order of Protection (PO) X X X

Judicial Review of Administrative Agency Decisions (RA) X X X

Warrantless Seizure of Firearms (RF) X

Reciprocal Support (RS) X X X

Petition for Issuance of a Tax Deed (TP) X X X

Application for Judgment in a Tax Sale X X X

Expungement Petitions (XP) X X X

Appendix B

Plan for Allocation of Judicial

Resources

Cases shall be assigned to the Circuit Court, Superior Court 1, and Superior Court 2 of

Montgomery County pursuant to LR54-AR00-1. The judges of the courts shall review the

caseload of each court and the weighted caseload statistics published by the Indiana Office of

Judicial Administration. Such review shall occur not less than every two years. The judges

shall make any necessary changes to the allocation plan in accordance with Administrative

Rule 1(E).

Appendix C

Jury Draw

The Judges of the three courts shall appoint a Jury Administrator or Administrators

pursuant to Indiana Jury Rule 2. The Montgomery County Clerk shall compile and maintain

the jury pool annually by selecting names from lists approved by the Indiana Supreme Court.

Before November 15th of each year, the Clerk at the direction of the Jury Administrator(s)

shall randomly draw 2000 names from the jury pool. Those persons shall make up the

prospective jurors for the three courts for the ensuing calendar year. Not later than seven days

after the draw, the Clerk shall, pursuant to Indiana Jury Rule 4, mail each person whose name

was drawn a notice of selection for the jury pool, a juror qualification form and a jury

questionnaire.

Not less than ten days prior to a jury trial, a judge shall request the Court’s Jury

Administrator(s) to summon a jury. The judge will advise the Jury Administrator the number of

prospective jurors required and when they should appear. The Jury Administrator will then

select a panel of prospective jurors to be called and cause summons, including pertinent

information for prospective jurors required by the jury rules, to be issued for members of the

panel at least one week prior to the trial date.

Montgomery County Local Court Criminal Rules

Updated January 1, 2026

LR54-AR1(E)(6) Case Assignment

LR54-AR22 Transfer

LR54-AR21 Reassignment

LR54-CR2.6 Bond Schedule

Criminal Appendix A Schedule of Fees

Criminal Appendix B Bail Bond Schedule

Criminal Appendix C Plan for Allocation of Judicial Resources

Criminal Appendix D Jury Draw

Criminal Appendix E Detention Offenses

LR54-AR1(E)(6)

Criminal Case Assignments

A. All level 6 felony cases and all misdemeanor alcohol cases with habitual vehicular

substance offender charges shall be assigned to the Montgomery Superior Court 1.

B. All misdemeanor cases not specified in paragraph A shall be assigned to Montgomery

Superior 2.

C. All murder, level 1,2,3,4,& 5 felony cases shall be assigned to the Montgomery Circuit

Court.

D. If there is a conflict as to which court a case should be assigned pursuant to the

foregoing rules, the case shall be assigned according to the highest level of felony charged.

E. To promote judicial economy, the foregoing assignment of cases among the three

courts shall be modified with respect to offenses charging the same defendant or arising out of

the same or related incidents in which litigation is pending so that the new charge may be filed in

the court in which the defendant has already been charged or related litigation is pending.

F. This Case Assignment rule notwithstanding cases may be transferred from one court

to another as may be appropriate.

(Amended effective January 1, 2026)

LR54-AR22

Transfer

The judges of the Montgomery Circuit and Superior Courts, by appropriate order

entered in the Record of Judgment and Orders, may transfer and reassign any case to any other

court in the county, subject to acceptance by the receiving court.

(Amended effective January 1, 2026)

LR54-AR21

Reassignment

A. The following judges shall serve in the event it becomes necessary to reassign a felony

or misdemeanor case in the Montgomery Circuit Court, the Montgomery Superior Court 1 or the

Montgomery Superior Court 2: The judge of the Fountain Circuit Court, the judge of the

Montgomery Circuit Court, the judge of the Montgomery Superior Court 1, the judge of the

Montgomery Superior Court 2, the judge of the Parke Circuit Court, the judge of the Vermillion

Circuit Court, and the judge of the Warren Circuit Court, the judge of the Putnam County Circuit

Court, the judge of the Putnam County Superior Court, the magistrate of the Putnam Circuit and

Superior Courts, the judge of the Boone County Circuit Court, the judge of the Boone County

Superior Court 1, the judge of the Boone County Superior Court 2, the magistrate of the Boone

Circuit Court, the judge of the Clinton County Circuit Court, the judge of the Clinton County

Superior Court, the judge of the Hendricks County Circuit Court, the judge of the Hendricks County

Superior Court 1, the judge of the Hendricks County Superior Court 2, the judge of the Hendricks

County Superior Court 3, the judge of the Hendricks County Superior Court 4, the judge of the

Hendricks County Superior Court 5, the first magistrate of the Hendricks Superior Courts, the second

magistrate of the Hendricks Superior Courts, the judge of the Tippecanoe County Circuit Court, the

judge of the Tippecanoe County Superior Court 1, the judge of the Tippecanoe County Superior

Court 2, the judge of the Tippecanoe County Superior Court 3, the judge of the Tippecanoe County

Superior Court 4, the judge of the Tippecanoe County Superior Court 5, the judge of the Tippecanoe

County Superior Court 6, the judge of the Tippecanoe County Superior Court 7, the magistrate of the

Tippecanoe Superior Court 3, the magistrate of the Tippecanoe Circuit and Superior Courts.

B. By order of adoption of these rules, the Indiana Supreme Court, pursuant to I.C. 33-24-

6- 10, temporarily transfers the above named judges to the Montgomery Circuit and Superior Courts

for the purpose of reassignment of felony or misdemeanor cases. In the event it becomes necessary

to reassign a felony or misdemeanor case, the cases will be reassigned on a rotating basis to the above

named judges in the order in which they are listed.

(Amended effective January 1, 2026)

LR54-CR2.6

Bond Schedule

The Circuit and Superior Courts have adopted a Bond Schedule governing the amount and

conditions of bail in criminal cases. This schedule is incorporated in these rules as Criminal

Appendix B.

(Amended effective January 1, 2026)

Criminal Appendix A

Schedule of Fees

The Courts adopt the following schedule of fees for clients enrolled in probation, the

Problem Solving Courts (Montgomery County Drug Court and Montgomery County Veterans

Treatment Court), pursuant to IC 12-23-14-16 and IC 33-23-16-23.

Prime for Life Advanced Substance Abuse

Education Program Fee $150

Problem Solving Court Administration Fee $100

Includes Screening

Problem Solving Court User Fee $30-per month

Problem Solving Court Transfer Fee $25

Truthought program and/or MRT $200

(Amended effective January 1, 2026)

CRIMINAL APPENDIX B

PRE-TRIAL RELEASE AND BOND SCHEDULE

A. CONDITIONS OF PRE-TRIAL RELEASE AND BOND:

All defendants released pre-trial with or without bond are subject to the following

conditions:

1. Defendant shall appear in court at all times required by the Court.

2. Defendant shall not leave the State of Indiana without the prior written consent of

the Court.

3. Defendant shall not commit or be arrested for another criminal offense.

4. Defendant shall notify their attorney and the Court, in writing, of any change of

address of their residence within 24 hours of such change.

5. Defendant shall follow any other conditions of pre-trial release ordered by the

Court.

Violation of any of these conditions may result in revocation of pre-trial release and issuance of

an arrest warrant.

B. PRE-TRIAL RELEASE WITHOUT BOND:

Unless an offense is listed on the “Montgomery County Detention Offenses” list adopted

and ordered by the Courts of Montgomery County, all defendants arrested and charged with a

misdemeanor shall be booked, given a court date to appear for initial hearing, and released.

C. DETENTION AND BOND:

All defendants arrested and charged with an offense that is listed on the “Montgomery

County Detention Offenses” list adopted and ordered by the Courts of Montgomery County shall

be detained unless either released by order of the Court or released on bond pursuant to the

following bond schedule:

Offense Level Cash Bond

Murder No Bond

Level 1 $10,000

Level 2 $6,000

Level 3 $4,000

Level 4 $3,000

Level 5 $2,000

Level 6 $1,000

*Misdemeanor $1,000 (only if on the list of Detention Offenses)

Habitual Offender $8,000

D. BOND DISCRETIONARY WITH THE COURT:

The Court in its discretion may fix bond in an amount different from the above schedule.

E. MONTGOMERY COUNTY DETENTION OFFENSES:

The Montgomery County Courts shall agree and by order entered in all three courts adopt

a list of “Detention Offenses”. Defendants charged with an offense that is listed on the

“Detention Offenses” list shall not be released unless the defendant pays a cash bond, or by order

of the Court. The Montgomery County Courts may modify this list as the Courts deem

necessary from time to time by order entered in all three courts.

F. MULTIPLE CHARGES:

The bond schedule shall apply to the highest charge pending against a person if multiple

charges are or may be filed.

G. ARREST WHILE ON PROBATION, COMMUNITY CORRECTIONS OR PRE-TRIAL RELEASE:

Defendants charged with a probation or community corrections violation shall be held for

fifteen (15) days and shall not be released without an order of the Court. Defendants who are

charged with a separate criminal offense while on pre-trial release for an offense alleged to have

been committed in Montgomery County shall not be released without an order of the Court.

H. FAILURE TO APPEAR FOR HEARING OR TRIAL OR WHEN ORDERED BY

THE COURT:

Defendants who fail to appear for court hearings or trial or when ordered by the court

(including probation appointments for presentence investigations) shall not be released without

an order of the Court.

I. APPLICATION OF BOND TO FINANCIAL OBLIGATIONS:

A cash bond shall be applied to any financial obligation imposed by the Court in its

disposition of the case in the following order unless otherwise ordered by the Court: Clerk’s fees,

Fines and Court Costs, Probation User Fees, Drug or Veteran Court fee, Public Defender fee,

Court Referral Program fee, Restitution, Drug Interdiction Fee, Domestic Violence Fee, Child

Support, any other statutory fee.

J. DETENTION FOR DOMESTIC VIOLENCE:

Defendants who are arrested for domestic violence shall be detained for twenty-four (24)

hours from the time of the person’s arrest. Domestic violence means an offense or the attempt to

commit an offense that involves the use of physical force or threatened use of a deadly weapon

and is committed against a family or household member.

K. NO CONTACT ORDER:

As a condition of pre-trial release with or without bond, a Defendant who is arrested

and/or charged with a crime of violence or sex offense shall have no contact with the victim of

their alleged offense while on pre-trial release. The Sheriff shall notify the Defendant to be

released, in writing, of the no-contact condition prior to the Defendant’s release. The

Prosecuting Attorney shall petition the Court for a no-contact or protective order when a criminal

information charging a crime of violence or sex offense is filed with the Court.

(Amended effective November 14, 2023)

Criminal Appendix C

Plan for Allocation of Judicial Resources

Cases shall be assigned to the Circuit Court, Superior Court 1, and Superior Court 2 of

Montgomery County pursuant to LR54-AR00-1. The judges of the courts shall review the caseload of

each court and the weighted caseload statistics published by the Indiana Office of Judicial

Administration. The judges shall revise the case allocations as needed in accordance with Admin.

Rule 1(E).

Criminal Appendix D

Jury Draw

The Judges of the three courts shall appoint a Jury Administrator or Administrators pursuant to

Indiana Jury Rule 2. The Montgomery County Clerk shall compile and maintain the jury pool annually

by selecting names from lists approved by the Indiana Supreme Court.

Before November 15th of each year, the Clerk at the direction of the Jury Administrator(s)

shall randomly draw 2000 names from the jury pool. Those persons shall make up the prospective

jurors for the three courts for the ensuing calendar year. Not later than seven days after the draw, the

Clerk shall, pursuant to Indiana Jury Rule 4, mail each person whose name was drawn a notice of

selection for the jury pool, a juror qualification form and a jury questionnaire.

Not less than ten days prior to a jury trial a judge shall request the Court’s Jury Administrator(s)

to summon a jury. The judge will advise the Jury Administrator the number of prospective jurors

required and when they should appear. The Jury Administrator will then select a panel of prospective

jurors to be called and cause summons, including pertinent information for prospective jurors required

by the jury rules, to be issued for members of the panel at least one week prior to the trial date.

Criminal Appendix E

Montgomery County Detention Offenses

Persons charged with the following offenses or aiding or conspiracy to commit the following

offenses shall be detained with a cash bond pending detention hearing in court. If the offense is not listed,

the arrested person shall be booked, given a court date to appear for initial hearing, and released. Persons

charged with Domestic Violence shall be detained for twenty-four (24) hours before release. Persons

charged with an OWI offense shall be detained for the minimum number of hours per the state statutory

chart. Persons charged with OWI refusal, OWI with controlled substances, and Public Intoxication shall

be detained for nine (9) hours. Persons charged with Resisting Law Enforcement shall be detained for

twelve (12) hours before release.

The pretrial services division of the probation department shall submit to the Court a report on any

person charged with a felony or a detention offense who have not posted bond. The Court shall hold a

detention hearing to determine whether the person is a risk of flight, a risk of failing to appear and/or a

risk of harm to a person or the community and, therefore, subject to the posting of bond or to be released

with conditions.

This procedure applies only to criminal defendants. It does not apply to persons arrested on a

body attachment, any other civil arrest or person detained by court order.

PERSONS CHARGED WITH THE FOLLOWING OFFENSES

SHALL NOT BE RELEASED UNLESS CASH BOND IS PAID:

Dealing in Schedule IV Controlled Substance (I.C. 35-48-4-3)

Failure to Appear (I.C. 35-44.1-2-9)

Invasion of Privacy (I.C. 35-46-1-15.1)

Offenses Relating to Explosives (I.C. 35-47.5-5-1 through I.C. 35-47.5-5-11)

Pointing a Firearm (I.C. 35-47-4-3)

Resisting Law Enforcement (I.C. 35-44.1-3-1)

Unlawful Carrying of a Handgun (I.C. 35-47-2-1.5(e)(2)

Unlawful Carrying of a Handgun (I.C. 35-47-2-1.5(e)(2)

Voluntary Manslaughter (IC 35-42-1-3)

Involuntary Manslaughter (IC 35-42-1-4)

Reckless Homicide (IC 35-42-1-5)

Battery (IC 35-42-2-1) as a level 2, 3, 4 or 5 felony

Domestic Battery (IC 25-42-2-1.3) as a level 2, 3, 4 or 5 felony

Aggravated Battery (IC 35-42-2-1.5)

Kidnapping (IC 35-42-3-2)

Rape (IC 35-42-4-1)

Child Molesting (IC 35-42-4-3)

Sexual Misconduct with a Minor as a level 1 or 2 felony

Robbery (IC 35-42-5-1) as a level 2 or 3 felony

Burglary (IC 35-43-2-1) as a level 1, 2, 3 or 4 felony

OWI Causing Death or Catastrophic Injury (IC 9-30-5-5)

OWI Causing Serious Bodily Injury (IC 9-30-5-4)

Child Exploitation (IC 35-42-4-4 as a level 4 or 5 felony

Unlawful Possession of a Firearm by a Serious Violent Felon (IC 35-47-4-5)

Strangulation (IC 35-42-2-9) as a level 5 felony

Effective January 1, 2020

(Amended Effective January 1, 2026)