Ind. County Local Rule: noble-local-rules

Noble County

Circuit and Superior Courts

Local Rules of Practice and Procedure

LOCAL RULES OF PRACTICE FOR THE NOBLE CIRCUIT AND

SUPERIOR COURTS

(Updated effective October 15, 2023)

CONTENTS

LR57-TR 00-1 Scope of Rules

LR57-TR 3.1-2 Withdrawal of Appearance by Counsel

LR57-TR 5-3 Tender of Orders

LR57-TR 53.5-4 Continuances

LR57-TR 79(H)-5 Appointment of Special Judges in Civil Cases

LR57-CR 00-6 Bail Policy, Schedule, and Pretrial Assessment

LR57-CR 00-7 Criminal Discovery

LR57-CR 2.2-1 Initial Criminal Case Assignment

LR57-CR 2.2-2 Reassignment of Criminal Cases

LR57-AR 00-1 Noble County Community Corrections Fee Schedule

LR57-AR 00-2 Problem-Solving Courts

LR57-AR 1-3 Transfer of Cases and Caseload Allocation Plan

LR57-AR 12-4 Facsimile Transmission Filings

LR57-AR 7-5 Removal of Exhibits

LR57-AR 15-6 Court Reporter Services

LR57-FL 00-1 Children in Family Law Cases

LR57-JR 4-1 Procedure for Summoning Jurors

LR57-TR 00-1 Scope of Rules

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

cases, including criminal, civil, and juvenile, filed or pending in the Noble Circuit and

Superior Courts.

LR57-TR 3.1-2 Withdrawal of Appearance by Counsel

(A) All withdrawals of appearance of counsel shall be in writing and upon Order

of the Court.

Permission to withdraw shall be granted only upon the following circumstances:

(1) The filing of an appearance by new counsel for said client;

(2) Upon written motion to withdraw, which motion shall be served on the

client at least ten (10) days prior to the date of the filing of the motion,

or

(3) Upon other good cause found by the Court.

(B) A motion to withdraw shall including the following:

(1) The name and address of the Court where the case is filed;

(2) The last known address of the client and the client’s telephone

numbers; and

(3) Any hearing or trial dates and any pleading, discovery or other pretrial

deadline dates.

LR57-TR 5-3 Tender of Orders

All motions seeking an Order of the Court or a Notice of Hearing shall be accompanied

by an original proposed order.

LR57-TR 53.5-4 Continuances

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

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

writing and signed. Such motion shall comply in all respects with T.R. 53.5 of the

Indiana Rules of Trial Procedure.

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

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

the date the hearing or trial in both cases was set, and the type of conflicting

hearing or trial.

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

confer with counsel for all other parties and with any self-represented parties to

determine any objections and to ascertain dates for

rescheduling when all parties are available. Such objections and alternative

dates shall be reported in the motion for continuance.

LR57-TR-79(H)-5 Appointment of Special Judge in a Civil Case

In the event of a change of judge resulting from (1) the judge disqualifying or recusing

under Trial Rule 79(C), or (2) the judge does not accept the special judge appointment

under Trial Rule 79(D), or (3) a motion for change of judge is granted as provided for in

Trial Rule 76, then unless the parties agree to the appointment of a special judge

pursuant to Trial Rule 79(D) the case will be randomly assigned by the clerk to one of

the two other courts in Noble County in which the regular sitting judge of that court is not

otherwise disqualified. If neither of the other two judges in Noble County are eligible to

hear the case, then the clerk shall appoint an eligible judge (including senior judges)

from a contiguous county within the court’s administrative district as special judge for

the case in which the change of judge is required. If the case is not transferred as

provided for herein, or if a special judge is not appointed by the foregoing method, or if

the particular circumstances of a case warrants selection of a special judge by the

Indiana Supreme Court, the court shall certify the case to the Supreme Court of Indiana

for the appointment of a special judge.

LR57-CR-00-6. Bail Policy, Schedule and Pretrial Assessment

(A) The Noble County Pretrial Services Program (the “Program”) shall operate

under the authority of the Circuit and Superior courts of Noble County with day to

day operations supervised by Community Corrections Director and Chief

Probation Officer who shall report to the judges of those courts. The purpose of

the Program shall be to assess the risk posed by the release of individuals

booked into the Noble County jail on a criminal charge, and to supervise those

who are released by the courts under the authority of the Program. The Noble

County Courts grant the Program the authority to perform the following duties:

(1) Conduct assessments: Each individual booked into the Noble County

Jail on a criminal charge, unless ordered or exempted by the court, shall

be assessed for risk for failure to appear, risk of re-offending, and risk of

potential harm to the community or to self if released from custody

pending a resolution of a pending charge or charges. The Program shall

attempt to maximize release without money bond where appropriate, but

the safety of the community shall be paramount. The Program shall utilize

at least one screening tool approved by the Indiana Supreme Court for

this purpose and such other instruments as may be approved and

required by the judges of the Circuit and Superior Courts of Noble County.

(2) Supervise Program Participants: Each individual approved for release

from custody and ordered by the court shall be under the supervision of

the Program as a program participant. The Program shall utilize means of

supervision approved by the judges of the Circuit and Superior courts that

are consistent with the assessed risk level of the program participant, the

level of offense, and the program shall have the authority to increase or

decrease supervision requirements during the pendency of the program

participant’s case, as appropriate.

(B) When any individual is booked into the Noble County Jail on a warrantless

arrest, unless otherwise ordered by the court, the Sheriff shall either release or

detain the individual in accordance with the Noble County Presumptive Bail

Schedule.

(C) The Circuit and Superior Courts of Noble County will only accept appearance

bonds written for a single cause number and will not accept lump sum

appearance bonds that apply to more than one cause number.

(D) All releases on bond or on personal recognizance are subject to the following

basic conditions when ordered by the Court:

(1) a defendant shall appear in court at all times required by the Court;

(2) a defendant shall execute a waiver of extradition if required by the Court;

(3) a defendant shall not commit nor be arrested for another criminal offense;

(4) a defendant shall keep his or her attorney and the Court advised in writing

of any change of address or phone within 24 hours of such change;

(5) a defendant shall comply with any other orders of the Court.

(6) Pursuant to IC 35-33-8-3.2(a)(4) a defendant’s release may be

conditioned upon refraining from any direct or indirect contact with the

alleged victim of an offense or other individual as ordered by the Court;

(7) the defendant shall execute a waiver of extradition; and

(8) a defendant shall not leave the State of Indiana.

Violation of any condition of release may result in the court revoking.

the defendant's release and issuing an arrest warrant.

(E) The Circuit and Superior Courts of Noble County will grant a defendant’s

release on a property bond only after notice is sent to the Prosecuting Attorney

and a hearing is set to determine whether such a bond is proper.

NOBLE COUNTY PRETRIAL PRESUMPTIVE BAIL SCHEDULE

This schedule applies to all cases to be filed in the Circuit and Superior Courts of this

County.

THE SHERIFF OF NOBLE COUNTY IS HEREBY ORDERED TO FOLLOW THIS

SCHEDULE FOR DETERMINING THE PRETRIAL RELEASE OR DETENTION OF ALL

INDIVIDUALS ARRESTED FOR CRIMINAL OFFENSES TO BE FILED IN THE ABOVE

COURTS.

Pursuant to the authority of the Noble County Circuit and Superior Courts to establish a

reasonable basis for release/detention in criminal cases, a pretrial release schedule is

established in accordance with the following terms and conditions:

1. All individuals detained in the Noble County Jail and otherwise eligible to post

bail shall be subject to pretrial release screening and risk assessment. This

pretrial release schedule shall control the release or detention of all individuals

screened by the Pretrial Services Program unless a court, on its own motion or at

the request of the State, issues an order setting a bond or detaining the individual

until the initial hearing.

2. An individual is eligible for screening upon being booked-in unless the

individual is booked-in for an alcohol related offense, or lacks the capacity to

provide a valid risk assessment due to the effects of drugs, chemical withdrawal,

or a mental or emotional condition. An individual booked-in for an alcohol related

offense becomes eligible for screening pursuant to the chart established for

release eligibility in I.C. 35-33-1-6. An individual who lacks the capacity to

provide a valid risk assessment becomes eligible for screening when he/she

regains that capacity.

3. If an individual is not screened but has been released in accordance with the

current Noble County Bond Schedule the individual shall be screened prior to

appearing in court and shall appear at the Noble County Probation office at 9

A.M. on the next business day after posting bond.

4. All decisions regarding release and release conditions under this Pretrial

Release Schedule are conditional and may be reviewed sua sponte by the Court

at the initial hearing. Subsequent to the initial hearing (or waiver thereof), the

Court, sua sponte, or the Prosecuting Attorney or Defendant by written motion,

may request a hearing on the Defendant’s pretrial release/detention status and/or

conditions of release.

5. Six risk categories are established and listed below:

OFFENSE LEVELS

LEVEL PRESUMPTIV OFFENSE DESCRIPTION

E BAIL

LEVEL Released on All misdemeanors except:

“A” Own 1. Battery as a Class A misdemeanor (IC 35-42-

Recognizance 2- 1(d)).

(See Below) 2. Domestic Battery (IC 35-42-2-1.3(a)).

3. Operating While Intoxicated as a Class

A misdemeanor

(IC 9-30-5-1(b) and IC 9-30-5-2(b)).

4. Leaving the Scene of an Accident as a Class

A misdemeanor (IC 9-26-1-1.1(b)(1)).

5. Resisting Law Enforcement, a Class

A misdemeanor (IC 35-44.1-3-1(a)).

6. Invasion of Privacy (IC 35-46-1-15.1)

(defendant to be held until after a hearing before

a judicial officer, as provided in paragraph 4).

7. Intimidation (IC 35-45-2-1).

8. Distribution of an Intimate Image (IC 35-45-4-8).

9. Any offense where a firearm is present.

10. False Informing (IC 35-44.1-2-3)

11. Criminal Mischief (IC 35-43-1-2)

12. Operating While Intoxicated when a

chemical test was refused. (IC 9-30-5-1 and 9-

30-5-2)

LEVEL $2,500 All misdemeanors not in Level “A” and all Level 6

“B” (See Below) felonies except:

1. Any Level 6 included in Paragraph 4 of

the Bail Rules.

2. Criminal Organization Recruitment (IC 35-45-9-

5).

LEVEL Hold for bail All Level 6 not in Level “B” and all Level 5, Level 4

“C” to be and Level 3, Level 2, Level 1 felonies, treason,

set in Court any offense where a firearm is present and

murder cases.

BAIL RULES

1. If the amount and terms of bail are specified in a warrant for a person’s arrest, the

sheriff shall take the recognizance and approve the bail as specified in the warrant.

2. Bail for a person arrested without a warrant shall be determined based upon the

highest level or class of offense charged and shall be based upon this bail schedule.

3. The amount of the presumptive bail listed above is (a) the amount of bail to be

utilized by the Noble County Sheriff in determining whether a person should be released

prior to a hearing before a judicial officer if the offense is not exempted by paragraph 4

below, and (b) a guideline to be used by a judicial officer in setting bail.

4. Notwithstanding the Presumptive Bail schedule set forth above, the following

offenses, or the attempt to commit, or the conspiracy to commit the following offenses,

shall not be bailable until a pretrial release risk assessment has been filed with the

Court and a hearing is held before a judicial officer at which time bail will be set:

(1) Murder (I.C. 35-42-1-1).

(2) Attempted Murder (IC 35-41-5-1).

(3) Any Level 1 felony;

(4) Level 2 felony;

(5) Any Level 3 felony;

(6) Any Level 4 felony;

(7) Any Level 5 felony;

(8) Rape (I.C.35-42-4-1)

(9) Domestic Battery (I.C. 35-42-2-1.3);

(10) Strangulation (I.C. 35-42-2-9), as a felony;

(11) Resisting law enforcement as a felony (I.C. 35-44.1-3-1);

(12) Invasion of Privacy, a class A misdemeanor (I.C. 35-46-1-15.1); or

(13) Any offense that includes the presence or use of a firearm.

5. A person who is out on bail from any court for another charge other than a Level A

offense on the Offense Levels above, and is arrested on a new charge while out on bail,

shall be held with not bond until a hearing can be held before a judicial officer, at which

time the judicial officer shall, if appropriate set bail and the terms thereof.

6. A foreign national who law enforcement reasonably believes to be present in the

United States unlawfully under federal immigration law shall not be let to bail until a

pretrial release risk assessment has been filed with the Court and a hearing is held

before a judicial officer at which time the judicial officer shall, if appropriate, set bail and

the terms thereof. (See IC 35-33-8-4.5)

7. A person who law enforcement reasonably believes to have an active warrant, to be

on probation, parole, pretrial release or other community supervision for an offense,

other than a Level A offense on the Offense Levels and Presumptive Bail Schedule,

shall not be let to bail until a pretrial release risk assessment has been filed with the

Court and a hearing is held before a judicial officer at which time the judicial officer

shall, if appropriate, set bail and the terms thereof.

8. Unless otherwise ordered by the Court, all bail shall be posted by means of (a) a 10%

cash bond posted pursuant 35-33-8-3.2(a)(2), or (b) the deposit of cash in an amount

equal to the presumptive amount of bail.

9. Pursuant to IC 35-33-8-6.5, a person arrested for one (1) or more of the following

offenses committed against a family or household member:

(a) a crime of domestic violence (as described in I.C. 35-31-2-78);

(b) Battery (I.C. 35-42-2-1);

(c) Aggravated battery (I.C. 35-42-2-1.5);

(d) Rape (I.C. 35-42-4-1);

(e) Sexual battery (IC 35-42-4-8);

(f) Invasion of privacy (IC 35-46-1-15.1);

(g) Criminal stalking (IC 35-45-10-5);

(h) Criminal recklessness (IC 35-42-2-2);

(i) Criminal confinement (IC 35-42-3-3);

(j) Burglary (IC 35-43-2-1);

(k) Residential entry (IC 35-43-2-1.5);

shall not be released on bail until at least twenty-four (24) hours from the time of the

person’s arrest has passed or their initial hearing, whichever occurs first.

Additionally, as a condition of the person’s release on bail the person shall agree and be

ordered to refrain from any direct or indirect contact with the alleged victims of the

offense pending the arrested person’s initial hearing. A person arrested for a crime of

domestic violence (as described in IC 35-31.5-2-78) pursuant to a warrant shall be

subject to the bail endorsed on the warrant that can be posted at any time pursuant to

Bail Rule number 1.

10. Pretrial conditions of release under this pretrial release schedule may include that

the individual released:

(a) shall appear in Court at all times required by the Court;

(b) shall execute a waiver of extradition;

(c) shall not commit nor be arrested for another criminal offense;

(d) for the purpose of receiving court notices and reminders of hearing dates,

shall provide to the Pretrial Services Program, the Court and the person’s

attorney, a valid e-mail address, if available; a valid telephone number, if

available; notice of a change in mailing address, email address or phone number

within 24 hours of the change;

(e) shall report for all appointments with the Pretrial Services Officer;

(f) shall comply with any No Contact Order and/or Protective Order issued by the

Court;

(g) shall not use any controlled substance without a valid prescription;

(h) shall call the Noble County Probation Department at (260) 636-3116 at 9 a.m.

on the next business day and will undergo a risk assessment.

11. Pretrial conditions of release under this pretrial release schedule may include that

the individual released shall:

(a) not use, possess or consume any alcohol;

(b) be placed on a Remote Breath Alcohol Testing device;

(c) be placed on a Alcohol Monitoring bracelet;

(d) be placed on a Alcohol Monitor with a curfew;

(e) submit to a substance use or mental health assessment.;

(f) be placed on GPS monitoring;

(g) be placed on the Random Drug Screen Line;

(h) not possess a firearm and/or any dangerous weapons while on supervision.;

(i) obey all rules and regulations of the Pretrial Services Program;

(j) obey all other conditions imposed by the Court;

(k) be placed on a text reminder system for court and supervision

appearances; or

(l) any other conditions that the court orders.

PRESUMPTIVE BAIL SCHEDULE

When the court determines the bail to be set, the bail will be set by beginning with the

presumptive bail and then deviating, if appropriate, based upon the risk assessment and

other factors before the court regarding the risk of failure to appear and risk of harm to

the public.

LEVEL Released on All misdemeanors except:

“A” Own 1. Battery as a Class A misdemeanor (IC 35-42-2-(d)).

Recognizance 2. Domestic Battery (IC 35-42-2-1.3(a))

3. Operating While Intoxicated as a Class

A misdemeanor (IC 9-30-5-1(b and IC 9-

30-5- 2(b))

4. Operating While Intoxicated when a chemical

test was refused. (IC 9-30-5-1 and IC 9-30-5-2)

5. Leaving the Scene of an Accident as a Class

A misdemeanor (IC 9-26-1-1.1(b)(1)).

6. Resisting Law Enforcement, a Class A

misdemeanor (IC 35-44.1-3-1(a)).

7. Invasion of Privacy (IC 35-46-1-15.1).

8. Intimidation (IC 35-45-2-1).

9. Distribution of an Intimate Image (IC 35-45-4-8).

10. Any offense where a firearm is present.

LEVEL $2,500 All misdemeanors not in Level “A” and Level 5 and 6

“B” felonies, except:

1. Disarming a Law Enforcement Officer 35-44.1-3-

2(b) as a Level 5 felony

2. Escape and Failure to Return to Lawful Detention

IC 35-44.1-3-4(a)). as a Level 5 or 6 felony

3. Stalking (IC 35-45-10-5(b) as a Level 5 felony

4. Possession of an Explosive Device (IC 35-47.5-5-3)

5. Domestic Battery (IC 35-42-2-1.3(c)) as a Level

5 felony

6. Criminal Organization Intimidation (IC 35-45-9-4)

7. Criminal Organization Recruitment (IC 35-45-9-5).9

8. Any Level 5 felony filed under IC 35-42-4

(Sex Crimes)

9. Operating While Intoxicated Causing

Serious Bodily Injury (IC 9-30-5-4

9. 9. Any offense where a firearm is present.

LEVEL $10,000 All Level 6 and Level 5 felonies not in Level “B” and all

“C” Level 4 and Level 3 felonies except:

1. Arson (IC 35-43-1-1), as a Level 3 or Level 4 felony

2. Disarming a Law Enforcement Officer 35-44.1-3-

2(b) as a Level 3 felony

3. Escape (IC 35-44.1-3-4(a)) as a Level 4 felony

4. Stalking (IC 35-45-10-5(c) as a Level 4 felony

5. Any Level 4 felony filed under IC 35-42-4

(Sex Crimes)

6. Operating While Intoxicated Causing Death

Or Catastrophic Injury (IC 9-30-5-5)

7. Any offense where a firearm is present.

LEVEL $25,000 All Level 4 and Level 3 felonies not in Level “C”, all

“D” Level 2 felonies, and any offense where a firearm is

present.

LEVEL $50,000 All Level 1 felonies and Any offense where a firearm is

“E” present.

LEVEL NO BAIL Murder, Treason, any offense where a firearm is

“F” present, and all other offenses not in Level “D” or “E”

LR57-CR 00-7 Criminal Discovery

In all criminal felony and misdemeanor cases the parties shall comply with Rule of

Criminal Procedure 2.5, even prior to the State-wide effective date on January 1, 2024.

(A) Parties are not required to produce or exchange documents that have been

filed with a Noble County court.

(B) Any objections to the discovery order shall be filed on or before such discovery

is due.

(C) Continuing Discovery Required

Discovery is a continuing order through trial, and any discoverable material or

information that comes to light by a party after discovery is initially provided or

due shall be produced to the other party forthwith.

LR57-CR 2.2-1 Initial Criminal Case Assignment

The Prosecuting Attorney of Noble County shall file cases according to the classification

of the highest level of offense charged in the information or indictment. If the highest

level of offense charged is murder, capital murder, Class A felony, Class D felony, Level

1 felony, Level 2 felony or Level 6 felony, the case shall be filed in the Noble Superior

Court, Div. 1. If the highest level of offense charged is a Class B felony, Class C felony,

Level 3 felony, Level 4 felony or Level 5 felony, the case shall be filed in the Noble

Circuit Court. If the highest level of offense charged is a misdemeanor or infraction, the

case shall be filed in the Noble Superior Court, Div. 2.

LR57-CR 2.2-2 Appointment of Special Judge in a Criminal Case

In the event a change of judge is granted pursuant to Criminal Rule 12, or an order of

disqualification or recusal is entered, the case will be randomly assigned by the clerk

to one of the two other courts in Noble County in which the regular sitting judge of that

court is not otherwise disqualified. If neither of the other two judges in Noble County

are eligible to hear the case, then the clerk shall appoint an eligible judge (including

senior judges) from a contiguous county as special judge for the case in which the

change of judge is required. If the case is not transferred as provided for herein, or if a

special judge is not appointed by the foregoing method, or if the particular

circumstances of a case warrants selection of a special judge by the Indiana Supreme

Court, the court shall certify the case to the Supreme Court of Indiana for the

appointment of a special judge.

LR57-AR00-1 Noble County Community Corrections Fee Schedule

Work Release:

Initial Fee: $75.00

Transfer In/Out Fee: $75.00 per cause number up to a maximum of

$300.00

Weekly Minimum Fee: $125.00 or 28% of gross income

Initial instant Drug Screen: $30.00

Lab Drug Screen: $20.00

Home Detention:

Initial Fee: $50.00

Transfer In/Out Fee: $75.00 per cause number up to a maximum of

$300.00

Portable Alcohol Breath Monitoring: $9.00/day

Portable Alcohol Detection Anklet: $11.00/day

GPS Monitoring: $14.00/day

GPS and Portable Alcohol Breath Monitoring: $16.00/day

GPS and Constant Alcohol Monitoring Anklet: $18.00/day

Noble County Court Services Alcohol and Drug Program:

Assessment: $150.00

Case Management: $50.00

Journals: $15.00 each with a maximum charge of $200.00

Life Skills class: $25.00

Noble County Drug/Veteran’s Treatment/Mental Health Court:

Urine Drug Screens: $12.00/screen

Initial Fee: $100.00

Transfer Fee: $25.00

Phase 1: $10.00/month

Phase 2: $40.00/month

Phase 3: $40.00/month

Phase 4: $40.00/month

Phase 5: $40.00/month

Low Risk Veteran’s Court:

Initial Fee: $100.00

Phase 1: $5.00/month

Phase 2: $20.00/month

Phase 3: $20.00/month

Phase 4: $20.00/month

Pretrial Program:

(No fee can be charged if first time defendant has been charged with a

crime)

Text Reminders: No fee

Supervision fee:

Misdemeanor: Monthly Fee: $20.00

Felonies: Monthly Fee: $30.00

CTP Supervision on GPS:

$9.00/ day

Community Service: $25.00 per cause number

Drug Screens:

Instant Screen $20.00

Oral Screen: $25.00

Urine Screen: $12.00-187.50 depending on what substances requested

Refund Policy:

Fees may be paid in advance by participants. No refund will be paid for

those who violate their supervision, or who are granted an early release

from supervision. Any refund given may take up to 90 days to receive.

LR57-AR 00-2 Drug Court, Veteran’s Treatment, and Mental Health Courts

Upon admission to Drug Court, Veteran’s Treatment, or Mental Health Court, the

participant shall pay an initial user’s fee of One Hundred Dollars ($100.00) and a

monthly user’s fee of ten Dollars ($10.00 to Forty Dollars ($40.00) for each month of

participation, commencing with the second month of participation.

LR57-AR 1-3 Transfer of Cases and Caseload Allocation Plan

(A) Pursuant to Administrative Rule 1(E):

1) a case may be transferred to another court within Noble County with the

consent of the receiving court,

2) a judge of a court in Noble County may sit as judge of the Noble Circuit

Court or Noble Superior Courts in any matter as if the elected Judge of

that court with the consent of the judge of that court, and

3) each judge may sit in the stead of the other judges of the courts in

Noble County.

(B) Criminal Cases:

1. Criminal cases shall be filed as assigned under LR57 CR 2.2-1.

2. RF cases shall be filed in the court in which the respondent has a

pending criminal case. If there is no pending criminal case, it shall be filed

in Circuit Court.

(C) Civil Cases:

1. All AD, ES, EU, EM, GU, TR, TS, TP, JP, and pro se DR, DC, and DN

case types shall be filed in Circuit Court.

2. All JD, JS, JM, and MH case types shall be filed in Superior Court I.

3. All SC, JC, JT, OV, EV, and OE case types shall be filed in Superior

Court II. The following case types shall not be filed in Superior Court II:

CT, MF, RS, DR, DC, DN, and PO.

4. Any case types not otherwise specifically provided for herein may be

filed in either the Circuit Court, Superior Court I, or Superior Court II at the

initiating party’s discretion.

LR57-AR 7-5 Removal of Exhibits

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

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

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

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

stated, the Court Reporter may dispose of the same in any reasonable manner deemed

appropriate by the Court Reporter.

LR57-AR-15-6 Court Reporter Services

(A) Section One – Definitions

The following definitions shall apply under this local rule.

1. A Court Reporter is a person who is specifically designated by a court

to perform the official court reporting services for the court including

preparing a transcript of the record.

2. Equipment means all physical items owned by the court or other

governmental entity and used by a court reporter in performing court

reporting services. Equipment shall include, but not be limited to,

telephones, computer hardware, software programs, disks, tapes, and any

other devise used for recording and storing, and transcribing electronic

data.

3. Workspace means that portion of the court’s facilities dedicated to each

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

and any designated office space.

4. Page means the page unit of transcript, which when a recording is

transcribed in the form required by Indiana Rule of Appellate Procedures

7.2.

5. Recording means the electronic, mechanical, and stenographic or other

recording made as required by Indiana Trial Rule procedure 74.

6. Regular hours worked means those hours, which the reporter is

regularly scheduled to work during any given workweek. Depending on the

particular court, these hours may vary from court to court within the county

but remain the same for each workweek.

7. Gap hours worked means those hours worked that are in excess of the

regular hours worked but hours not in excess of forty (40) hours per

workweek.

8. Overtime hours worked means those hours worked in excess of forty

(40) hours per workweek.

9. Workweek means a seven (7) consecutive day week that consistently

begins and ends on the same days through the year, i.e. Sunday through

Saturday, Wednesday through Tuesday, Friday through Thursday.

10. Court means the particular court for which the Court Reporter

performs services.

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

county funds and is for the use by a litigant who has been declared

indigent by a court.

12. State indigent transcript means a transcript that is paid for from state

funds and is for the use by a litigant who has been declared indigent by a

court.

13. Private transcript means a transcript, including but not limited to a

deposition transcript that is paid for by a private party.

14. Expedited transcript means a transcript, which is required to be

completed within five (5) days.

(B) Section Two – Salaries and Per Page Fees

1. Court Reporters shall be paid an annual salary for time spent working

under the control, direction and direct supervision of their supervising

court during regular work hours, gap hours or overtime hours. The

supervising court shall enter into a written agreement with the court

reporters which outlines the manner in which the court reporter is to be

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

compensatory time off regular work hours. All per page fees for the

preparation of transcripts shall be paid directly to the Court Reporter who

prepared the transcript and shall be retained by that reporter.

2. The per page fee for a court reporter may charge for preparation of a

COUNTY INDIGENT transcript shall be $5.00. If a court reporter is

requested to prepared an expedited transcript, the maximum per page fee

shall be no less than $7.50 where the transcript must be prepared within

five (5) working days. However, this would be by approval of the presiding

Judge. If a party requests a copy of a transcript, the fee per page shall be

in the amount charged for copies by the Clerk of that Court, or electronic

copies of the transcript will provided on a media format supplied by the

party requesting the document (DVD, portable thumb drive, etc.…), if

requested in person from the Court Reporter for a $3.00 flat fee regardless

of the size, or $5.00 if a DVD is provided by the Court Reporter.

3. The per page fee a court reporter may charge for preparation of a

STATE INDIGENT transcript shall be $5.00. If a court reporter is

requested to prepare an expedited transcript, the maximum fee per page

shall be no less than $7.50 where the transcript must be prepared within

five (5) working days. However, this would be by approval of the presiding

Judge. If a party requests a copy of a transcript, the per page fee shall be

in the amount charged for copies by the Clerk of that Court, or electronic

copies of the transcript provided on a media format supplied by the party

requesting the document (DVD, portable thumb drive, etc.…), if requested

in person from the Court Reporter for a $3.00 flat fee regardless of the

size, or $5.00 if a DVD is provided by the Court Reporter.

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

PRIVATE transcript shall be no less than $5.00. If a court reporter is

requested to prepare an expedited transcript, the maximum fee per page

shall be no less than $7.50 where the transcript must be prepared within

five (5) working days. If a party requests a copy of a transcript, the fee per

page shall be in the amount charged by the Clerk of that Court, or

electronic copies of the transcript will provided on a media format supplied

by the party requesting the document (DVD, portable thumb drive, etc.…),

if requested in person from the Court Reporter for a $3.00 flat fee

regardless of the size, or $5.00 if a DVD is provided by the Court

Reporter.

5. Each court reporter shall report, at least on an annual basis, all

transcript fees received for preparation of either county indigent, state

indigent, or private transcripts to the Indiana Supreme Court Division of

State Court Administration. The reporting shall be made on forms

prescribed by the Division of State Court Administration.

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

hours or gap hours.

(C) Section Three – Private Practice

1. If a court reporter elects to engage in private practice through the

recording of a deposition and/or preparing of deposition transcript, and the

court reporter desires to utilize the court’s equipment, work space and

supplies, and the court agrees to the use of the court equipment for such

purpose, the court and the court reporter shall enter into a written

agreement which must, at a minimum designate the following:

a. The reasonable market rate for the use of equipment, workspace

and supplies.

b. The method by which records are to be kept for the use of

equipment, workspace and supplies; and

c. The method by which the court reporter is to reimburse the court

for the use of the equipment, workspace and supplies.

2. If a court reporter elects to engage in private practice through the

recording of a deposition and/or preparing of a deposition transcript, all

such private practice work shall be conducted outside of regular working

hours.

LR57-FL 00-1 Children in Family Law Cases

A. The best interest of minor children of parents involved in dissolution and

paternity proceedings will be served by requiring parental participation in parent

education classes that have some scientific evidence of program benefit to the

family beyond party reports of satisfaction with the class. As the research in this

area is evolving, this rule shall be updated periodically as the Court receives

additional or updated scientific evidence about programs that fulfill this

requirement.

B. The currently-approved parent education classes are (in no particular order):

1. New Beginnings https://divorceandparenting.com/

2. Children in Between https://online.divorce-education.com/

3. Two Families Now https://www.twofamiliesnow.com/

C. Required Participation: Both parents in initial dissolution cases and juvenile

paternity cases after paternity has been established, involving children under

the age of 18 years shall participate in one of the above parent education

classes prior to the court approving any agreement or issuing an order. The

parents shall take the same class. They shall confer and agree on which class

they will take. If they cannot agree, the parents may submit the issue to the

court for a decision. This requirement may be waived at the Court’s discretion

upon good cause shown.

D. Fees. Each parent is responsible for any fee for that parent’s education class,

though an allowance for an indigent fee waiver may be available from each

provider.

E. Resources in Cases Involving Risk to Child Safety. If either party alleges that

parenting time presents a risk to the physical safety or emotional endangerment

of the child, the parties may request the appointment of, or the court may on its

own motion appoint, a Guardian ad Litem or Custody Evaluator. The request

shall contain the availability, name, address, and phone number of the

recommended professional and the cost of services, and how the party proposes

that costs will be divided.

LR57-JR 4-1 Procedure for Summoning Jurors

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

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

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

summons to prospective jurors at least one week before service.

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

Clerk of the Noble Circuit Court to act as the Jury Administrator.

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

Jury Rules.

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

Noble County.

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

the names from the master list, the Jury Administrator shall mail to each person

whose name is drawn a jury qualification form and a questionnaire to be

completed by each prospective juror.

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

shall summon prospective jurors for service, and upon notice from that Court that

the jury trial has been cancelled or rescheduled, shall notify the Noble County

Sheriff and each juror that was notified, of the cancellation within one business

day..