Ind. County Local Rule: pike-local-rules

LOCAL RULES OF PRACTICE

PIKE CIRCUIT COURT

PIKE COUNTY, INDIANA

TABLE OF CONTENTS

LR63-TR79-1 APPOINTMENT OF SPECIAL JUDGE IN CIVIL CASES

LR63-TR00-2 CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME

LR63-TR26-3 DISCOVERY (CIVIL)

LR63-TR00-4 MOTION PRACTICE

LR63-TR69-5 PROCEEDING SUPPLEMENTAL

LR63-TR00-6 BODY ATTACHMENTS

LR63-TR00-7 PRE-TRIAL SUBMISSIONS AND EXHIBITS

LR63-TR00-8 CONFLICT IN RULES

LR63-FL00-9 DIVORCE OR SEPARATION CASES

LR63-CR00-10 CRIMINAL BOND SCHEDULE

LR63-TR26-11 DISCOVERY (CRIMINAL)

LR63-CR13-12 APPOINTMENT OF SPECIAL JUDGE IN CRIMINAL CASES

LR63-AR00-13 ASSIGNMENT OF CASES

LR63-AR28-14 COURT REPORTER

LR63-AR00-15 POSSESSION OF WEAPONS IN COURT

LR63-AR00-16 RECORDING EQUIPMENT IN COURTROOM

LR63-JR00-17 JURIES

LR63-TR79-1 APPOINTMENT OF SPECIAL JUDGE IN CIVIL CASES

(A) If a motion for change of judge is granted or an order of disqualification is

entered in a civil case, and a special judge is not appointed and qualified as provided in

Ind. Trial Rule 79(D), (E) or (F), a special judge shall be appointed from the following

list of judges who have agreed to serve as a special judge in the Pike Circuit Court:

Judge, Daviess Circuit Court

Judge, Daviess Superior

Court Judge, Dubois Circuit

Court Judge, Dubois Superior

Court Judge, Knox Circuit

Court Judge, Knox Superior

Court I Judge, Knox Superior

Court II Judge, Martin

Circuit Court Judge, Perry

Circuit Court Judge, Spencer

Circuit Court

(B) The Court shall alternately select a judge for appointment as special judge, on a

rotating basis, from the list set forth in paragraph (A) of this rule, until all of the judges

have been appointed an equal number of cases.

(C) In the event no judge from the list set forth in paragraph (A) of this rule is

available for appointment, or the particular circumstances in a case warrant selection

of a special judge by the Indiana Supreme Court, the Court may request, pursuant to

Ind. Trial Rule 79(H)(3), the Indiana Supreme Court to appoint a special judge.

(Amended July 18, 2011)

LR63-TR00- 2 CONTINUANCES AND INITIAL ENLARGEMENTS OF TIME

(A) Motion. A motion for continuance, unless made during the hearing of a matter,

shall be made for good cause, in writing, and promptly served upon the opposing party.

A motion for continuance may be granted ex parte only if the moving party’s attorney certifies

to the Court, in writing, the efforts made to give notice and the reasons supporting the moving

party’s claim that actual notice should not be required.

(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 a hearing or

trial, unless the reason for continuance is shown by affidavit to have occurred within that period.

(C) By Agreement of Counsel. An agreement by counsel to continue a hearing or

trial of any pending matter shall be signed by both counsel and parties, or by proof of written

notice to the parties in lieu of their signatures, and filed at least then (10) days before hearing or

trial, or such shorter period as the Court in its discretion may allow.

(D) Automatic Extension of Time. A party required to plead or otherwise

respond to a complaint, counterclaim, or cross-claim may obtain an automatic extension of

thirty (30) days beyond the time prescribed by Ind. Trial Rule 6(C) to plead or otherwise

respond to the complaint, counterclaim, or cross-claim by filing a notice of extension with the

Court and serving all parties. Requests for additional extensions of time shall be made by a

motion and hearing unless agreed to by the parties.

LR63-TR26-3 DISCOVERY (CIVIL)

In all civil cases:

(A) Interrogatories. Interrogatories shall be numbered consecutively to

facilitate response. No party shall serve on any other party more than thirty

(30) interrogatories or requests for admission, other than requests relating to

the authenticity or genuineness of documents, including subparagraphs,

without leave of court. Any party desiring to serve additional interrogatories or

requests for admission shall file a motion setting forth those proposed and the

reasons for their use.

(B) Discovery Disputes. Strict compliance with Ind. Trial Rules 26 through 37 is

required. Motions to compel shall include a certification, which shall be made in a

separate document filed contemporaneously with the motion, that the moving party has

in good faith conferred, or attempted to confer, with the person or party in an effort to

resolve the matter without court action. The certification shall also state the date, time and

place of the conference or attempted conference, and the names of all person participating

therein. Any motion to compel filed without this certification shall be summarily denied.

(C) Sanctions. If the Court is advised, by way of motion or response thereto, that a

party, or the party’s counsel, has refused or delayed resolution of the discovery dispute, the Court

may, after hearing, impose appropriate sanctions.

(1) Discovery Completed. Discovery shall be completed by the parties

at least seventy (70) days prior to the scheduled trial date. Additional

discovery shall be conducted only by leave of court for good cause.

(2) Supplementation of Discovery. All parties are under a duty to comply

with the requirements on Ind. Trial Rule 26(E), and to supplement their

discovery response to include after-acquired information regarding the

identity and location of persons having personal knowledge of discoverable

matters, any expert witness, the subject-matter and substance of the expert’s

testimony, and to correct a response that is found to have been incorrect when

made.

(3) Dispositive Motions. Motions for summary judgment, or other

dispositive motions shall be filed at least sixty (60) days prior to the

schedule trial date.

(4) Pre-Trial Motions. Pre-trial motions shall be filed at least thirty (30)

days prior to the scheduled trial date.

(5) Submissions. Plaintiff shall file a list of witnesses, including experts,

and exhibits at least sixty (60) days prior to the scheduled trial date.

Defendant shall file the same at least fifty (50) days prior to the scheduled

trial date.

(6) Settlement Negotiations. All settlement negotiations shall be

completed by the parties at least ten (10) days prior to the scheduled trial date.

(7) Final Pre-Trial Conference. At least ten (10) days prior to the

scheduled trial date, a final pre-trial conference shall be held for the

following purposes:

(i) Exhibits. Each attorney shall mark for identification and furnish

opposing counsel with a copy of all exhibits which the attorney expects

to introduce at trial. Plaintiff’s exhibits shall be identified by number;

defendant’s shall be identified by letter. Exhibits of a nature that renders

production impracticable at the conference shall be identified and notice given

of the intended use. Necessary arrangements must be made to afford opposing

counsel an opportunity to examine such exhibits.

(ii) Exhibit Stipulations. Written stipulation shall be prepared

concerning exhibits the parties intend to introduce at trial. The

stipulation shall include, but not be limited to, the agreement of the

parties concerning the authenticity and admissibility of the exhibits.

(iii) Fact Stipulation. The attorneys shall stipulate, in writing, all

material facts about which there exists no genuine issue.

(iv) Settlement. The attorneys shall advise the Court regarding the

result, if any, of settlement negotiations.

LR63-TR00-4 MOTION PRACTICE

(A) Motions. All motions concerning substantive issues shall be accompanied by a

separate, supporting brief. The non-moving party shall have thirty (30) days after

service of the initial brief in which to serve and file a responsive brief.

(B) Hearing. All motions will be considered as submitted for ruling without a

hearing unless a request for hearing is made by either party and granted by the Court,

or the Court otherwise directs. This rule does not apply to motions for which a hearing

is required by law.

(C) Request for Hearing. A request for hearing on a motion shall be made by

a separate motion served and filed with the initial brief or reply brief. The motion

for hearing shall set forth specifically the purpose of the request and an estimate of

the time reasonably required for the Court to devote to the hearing.

(D) Summary Judgment. Any motion filed pursuant to Ind. Trial Rule 56, shall be

accompanied by a separate, supporting brief and a statement of material facts,

supported by appropriate citations to discovery responses, depositions, affidavits, and

other admissible evidence, as to which the moving party contends there is no genuine

issue. If the non-moving party files a responsive brief, if shall be accompanied by a

statement of material facts, supported by appropriate citations to discovery responses,

depositions, affidavits, and other admissible evidence, as to which the non-moving

party contends there exists a genuine issue. If the non- moving party wishes to file a

responsive brief, or request relief from the time requirements of Trial Rule 56(C), the

non-movant shall do so within thirty (30) days after service of the summary judgment

motion.

(E) Orders. A proposed order shall accompany all motions, unless

the Court otherwise directs.

(F) Finding of Fact and Conclusions of Law. In all cases where findings of fact

and conclusions of law are required, counsel shall submit to the Court findings of fact

counsel propose embrace all material facts proven, and conclusions of law thereon

within twenty (20) days after the conclusion of a hearing or proceedings from which

such findings and conclusions must be made by the Court.

(G) Length and Form of Briefs. Briefs shall not exceed twenty-five (25) pages in

length. The body of the text shall be no less than twelve (12) point font, and footnotes shall be

no less than ten (10) point font. Margins, top and bottom, left and right, shall be one (1) inch.

LR63-TR69-5 PROCEEDINGS SUPPLEMENTAL

(A) Filing and Hearing. Except for good cause shown, a complaint in

proceedings supplemental may not be filed until ten (10) days have elapsed since the date

judgment was entered by the Court. A proceedings supplemental hearing shall be held not

less than twenty (20) days after service of the complaint in proceedings supplemental on the

judgment defendant.

(B) Information for Contempt. Proceedings supplemental hearings will not be

continued for progress after an order of garnishment or personal order of garnishment has been

obtained. An information for contempt shall be filed. To proceed on a information for contempt, a

proceedings supplemental must have been filed and an order of garnishment or personal order of

garnishment obtained. The Court will not deem agreed order of payments enforceable by information

for contempt.

LR63-TR00-6 BODY ATTACHMENTS

(A) Body Attachment. Whenever a judgment debtor fails to appear for a hearing on

a complaint in proceedings supplemental, no body attachment warrant shall issue until after the

judgment plaintiff files a petition directing the judgment defendant to show cause for the failure to

appear. If the defendant fails to appear at the show cause hearing, the Court may issue a body

attachment warrant upon proof that the defendant was served with notice of the original proceedings

supplemental hearing and the show cause hearing.

(B) Hearing. Whenever a judgment defendant has been brought into court on a

body attachment, a hearing shall be conducted at the earliest convenience of the Court.

Counsel for the moving party shall respond to the telephone request by court personnel to

appear at the hearing forthwith, and counsel shall be deemed to have consented to such notice

to appear by requesting a body attachment. The hearing requires the presence of the attorney

of record to interrogate the attached judgment defendant. Failure of counsel to respond

promptly to such a request may result in the discharge of the attached defendant or other such

appropriate measures taken by the Court.

LR63-TR00-7 PRE-TRIAL SUBMISSIONS AND EXHIBITS

(A) Jury Instructions. Proposed preliminary and final jury instructions shall be

filed and served no later than ten (10) days prior to trial. Instructions covering issues

arising at trial, which could not reasonably be anticipated, may be submitted during the

trial. Each instruction shall contain citations to supporting authority. Indiana Pattern

Jury Instructions are to be used whenever possible. Parties are encouraged to submit

an

additional copy of “non-pattern” jury instructions on computer diskette in a format

compatible with Word Perfect (Windows).

(B) Trial Briefs. Trial briefs may be furnished to the Court by the parties not later

than two (2) days before trial, providing notice of intention to submit a trial brief is

given to all opposing counsel at least ten (10) days prior to trial. Service upon

opposing counsel is not required, unless ordered by the Court.

(C) Exhibits. All exhibits offered or admitted into evidence shall be placed in the

custody of the Court Reporter of the Pike Circuit Court, unless otherwise ordered by

the Court. No earlier than three (3) years after the date of trial or final adjudication,

such exhibits may be obtained by the parties offering them. A detailed receipt shall

be left with the court reporter for each exhibit claimed. No earlier than forty-two (42)

months after the date of trial or final adjudication, the Court Reporter shall, upon

order of the Court, dispose of those exhibits unclaimed.

LR63-TR00-8 CONFLICT IN RULES

In the event of conflict between a Local Rule of the Pike Circuit Court and a rule adopted

by the Indiana Supreme Court or a statute promulgated by the Indiana General Assembly, the

rule or statute shall take precedence over this Court’s rule.

LR63-FL00-9 DIVORCE OR SEPARATION CASES

(A) Submissions. Each party to an action for divorce or separation shall file with

the Court, not later than twenty (20) days prior to the date of the final hearing, the

following items:

(1) An income and property disclosures form, itemizing all assets of the

parties, real and personal, existing on the date of filing of the Petition for

Dissolution of Marriage, along with the fair market value of each item.

(2) A proposed division of the assets comprising the marital estate.

(3) An itemized list of all debts of the parties with the balance due thereon,

the amount of monthly or weekly payments on said debts, and a statement of

who is liable on each debt.

(4) A proposed division of the debts of the marital estate.

(5) Any explanation of property, income, or expense, that either party

wishes to provide shall be set forth in writing and accompany the above items.

(6) A stipulation of facts about which there is no genuine issue, if any. If

the parties are unable to reach stipulation regarding any factual matter, the

parties shall certify, in writing, that stipulation could not be reached.

(B) Mediation. In an action for dissolution or separation involving contested issues,

the Judge may refer the parties to mediation before setting the case for final hearing. In

such cases, the Indiana Alternative Dispute Resolution Rules shall apply.

(C) Service. The items prescribed by paragraph (A) of this rule shall be served

in accordance with Ind. Trial Rule 5.

LR63-CR00-10 CRIMINAL BOND SCHEDULE

(A) Felonies. Unless otherwise provided in this rule, in all felony offenses, the

defendant shall not be admitted to bail until the amount of bail and the conditions thereof are

set by the Court after a probable cause determination within forty-eight (48) hours of the

Defendant’s arrest.

(B) Misdemeanors. Bail in all misdemeanor cases shall be set

according to the following schedule, unless otherwise modified or ordered by the

Court:

(1) Class “A” Misdemeanor. ....................................... $5,000.00, 10%

allowed

(2) Class “B” Misdemeanor. ....................................... $3,500.00, 10%

allowed

(3) Class “C” Misdemeanor. ....................................... $2,500.00, 10%

allowed

(C) Operating a Vehicle While Intoxicated or With BAC .08 Grams or More.

In all offenses charged under I.C. 9-30-5-1 and I.C. 9-30-5-2, the presumptive bail shall be

$5,000.00, 10% allowed.

(D) Offenses Requiring a Protective Order. In all offenses requiring a protective

order, the defendant shall not be admitted to bail until the amount of bail and the terms thereof

are set by the Court after a probable cause determination within forty-eight (48) hours of the

Defendant’s arrest.

(E) General Provisions. Bail shall be made by cash deposit only. Bail may be

posted in the defendant’s name only; third-party surety is not permitted. In no event shall a

defendant be released on his or her own recognizance without an order of this Court.

(F) Arrest While on Bail. If a defendant is out on bail and is arrested on a new

charge, the defendant must appear before the Court for an initial hearing prior to bond being

set on the new charge.

(G) All Other Cases. In all other cases, the Court shall order the amount in

which a defendant charged by indictment or information is to be held to bail. If no order

fixing the amount of bail has been made, the Sheriff shall present the warrant to the

Presiding Judge or Referee Judge of the Pike Circuit Court for endorsement on the warrant

of the amount of bail.

(H) Bond Conditions. The following conditions shall apply on bonds set for

charges pending before this Court, unless otherwise modified or ordered by the Court:

(1) Defendant shall abide by the law.

(2) Defendant shall report to the Pike County Probation Department at such

intervals, times and manner as deemed appropriate by the probation

department.

(3) Defendant shall not purchases or possess a firearm.

(4) Defendant shall appear for all court proceedings.

(5) Defendant shall not leave the State of Indiana without written

permission of Probation.

(6) Failure to strictly abide by the conditions on bond prescribed in

subsections (1) through (5) of paragraph (H) of this rule may result in

summary revocation of bond and issuance of an arrest warrant.

LR63-TR26-11 DISCOVERY (CRIMINAL)

In all criminal cases, pre-trial discovery shall be conducted as follows:

I. Information to be Provided by the State within Forty (40) Days

The State of Indiana shall provide to the defendant, in written form, within forty (40)

days of the date of this Discovery Order the following discovery information:

(A) The names and last known addresses of all person whom the State

of Indiana intends to use in the prosecuting of this case.

(B) A list of names and last known addresses of those persons that the State

believes to have knowledge pertinent to this cause, but who may not be called as

a witness in the trial of this cause;

(C) A copy of all written statements, transcript of recorded statements,

memoranda, and summaries of oral statements of persons whom the Prosecuting

Attorney intends to call as witnesses in the prosecution of this case.

(D) A list of criminal convictions, if any, of all witnesses whom the State

plans to call to testify at trial. Also, a list of crimes, wrongs or acts, if any, of the

defendant which the State intends to offer into evidence, pursuant to Indiana

Evidence Rule 404(b), and the general nature of such evidence.

(E) Any and all written or recorded statements and the substances of any

oral statements made by the defendant to agents of the State of Indiana or to

private individuals assisting the aforesaid authorities, including any warnings of

rights read to or alleged waivers obtained from the defendant, and a list of

witnesses to the making and/or acknowledgment of such statements.

(F) State whether or not the use of an informant is in any way involved in

the State's case, and if so, name the informant and specify his/her address.

(G) State the name and addresses of each and every person who was present

and/or who took part in, or witnessed the criminal act which the defendant is

accused of committing.

(H) All written reports, notes, memoranda, maps, drawings or diagrams

written, drawn or otherwise prepared by any law enforcement agency or

individual, in connection with or pertaining to the investigation of the crimes

charged against the defendant.

(I) Copies of all photographs which the State of Indiana intends to or

may offer into evidence at the trial of this case, and all other photographs

relevant to the subject matter of this case, including any photographs of physical

evidence in the State's possession.

(J) All tangible or demonstrative objects, books, papers or documents

which the State of Indiana will use in the trial or which were obtained from or

belong to the accused, including that evidence which was seized at the time the

apprehension of the defendant, with copies of search warrants and, if such search

was based on any alleged consent by defendant, the circumstances in which such

alleged consent was obtained.

(K) Any an all reports, laboratory or otherwise, or statements of experts

made in connection with this particular case, including results of physical

examinations and of scientific tests, experiments or comparisons by any agents of

the State of Indiana, or private individuals, and on which the prosecution intends

to rely at trial.

(L) Any promises of leniency or immunity made to any witnesses, any

implied promises made to any witnesses, or any promises of leniency or immunity

that will be made in the future to any witness by a Prosecuting Attorney, Deputy

Prosecuting Attorney, or any law enforcement officer or employee.

(M) A statement in writing by the Prosecuting Attorney as to whether

hypnosis has been used or attempted to be used on any witness in the investigation

of the offense charged against the defendant.

(N) That the State of Indiana provide counsel for the defendant, access to

the scene of the alleged crime at a time and place convenient to the parties, and

the right to inspect, measure, and/or photograph said premises

(O) Pursuant to Brady v U.S., the State shall produce all exculpatory

evidence as it becomes available.

II. Notice of Compliance by State. Within forty (40) days of the date of this

Discovery Order, the State shall provide the Court, in writing, with notice of its compliance

with the foregoing provisions of this Discovery Order.

III. Information to be Provided by the Defendant Within Sixty (60) Days

Counsel for the defendant shall provide to the State, in written form, within sixty (60) days

of the date of this Discovery Order:

(A) Inform the State and permit it to inspect and copy or photograph any

report or result, or testimony relative thereto, of physical or mental examinations or

of scientific test, experiments or comparisons, or any other reports or statements of

experts which defense counsel has in his possession or control, except those parts

which defendant does not intend to use.

(B) Inform the State of any defense which he intends to make at a hearing

or trial.

(C) Furnish the State with the names and last known addresses of person

defense intends to call as witnesses, together with their relevant written or recorded

statements, including memoranda reporting or summarizing their oral statements,

any record of prior criminal convictions known to him/her.

(D) Furnish the State with all books, papers, documents, photographs, or

tangible objects he/she intends to use as evidence or for impeachment at a hearing

or trial.

(E) A list of names and last known addresses of those persons that the

defendant believes to have knowledge pertinent to this cause, but who may not be

called as a witness in the trial of this cause;

(F) Inform the Court and State of any objection to evidence which the

State has given notice of intent to offer, pursuant to Evid.R. 404(b), by

filing of a motion in limine;

(G) True, accurate and complete copies of any exhibits that the

defendant intends to introduce at the trial of this cause;

(H) The name, address and area of expertise of any expert witness that

the defendant has consulted with or intends to consult with in this cause; and

(I) Any evidence which the defendant intends to offer pursuant to

Evid.R. 702, including true, accurate and complete copies of any reports,

examination results, test results or experiment results complied or prepared by an

expert at the request of the defendant, and disclose any objection he or she may

have, pursuant to Evid.R. 702(b), to the State’s experts.

IV. Notice of Compliance by Defendant. Within sixty (60) days of the date of this

Discovery Order, counsel for the Defendant shall provide the Court, in writing, with notice of

defendant’s compliance with the foregoing provisions of this Discovery Order.

V. Final Witness and Exhibit List. Final witness and exhibit lists shall be

exchanged by the parties and filed with the Court at or before the final pre-trial conference in

this cause.

VI. Supplementation of Discovery Responses. Should either party find, at any

time, additional information, facts, objects or persons which would be subject to, or covered by, this

Discovery Order, that party shall promptly notify the other party, in writing, of the finding.

VII. Discovery Deadline. All depositions and discovery shall be completed at least

twenty-one (21) days prior to the scheduled trial date in this cause. Additional time for

depositions and discovery may be obtained only by leave of this Court for good cause shown.

VIII. Discovery Matter in Controversy. Any discovery matters

in controversy between the parties shall be brought to the Court’s attention in such time

and manner to allow a hearing to be conducted to resolve the matter without compromising the

scheduled trial date.

IX. Pre-Trial Motions. All substantive motions, including Motions to Suppress,

Motions to Dismiss, 404(b) requests, and Notices which are not controlled by statutory

deadlines shall be filed no later than twenty-one (21) days prior to trial unless good cause can

be shown by the moving party.

X. Jury Instructions. At or before the final pre-trial conference in this cause,

each party may submit to the Court proposed pattern jury instructions and up to ten (10) non-pattern jury instructions to be considered by the Court for reading to the petit jury at the trial of this

cause.

XI. Plea Negotiations. All plea negotiations shall be completed and

finalized at least ten (10) days prior to the scheduled trial date in this cause.

XII. Continuance. A continuance will not be granted, absent extenuating,

unforeseeable circumstances of no fault of the movant, within ten (10) days of the scheduled

trial date.

LR63-CR13-12 APPOINTMENT OF SPECIAL JUDGE IN CRIMINAL CASES

(A) If a motion for change of judge is granted or an order of disqualification is

entered or it becomes necessary to appoint a special judge, in a criminal case pending in the

Pike Circuit Court, the case shall be reassigned to one of the following judges who have agreed

to serve as a special judge in the Pike Circuit Court:

Judge, Daviess Circuit Court

Judge, Daviess Superior

Court Judge, Dubois Circuit

Court Judge, Dubois Superior

Court Judge, Gibson Circuit

Court Judge, Knox Circuit

Court Judge, Knox Superior

Court I Judge, Knox Superior

Court II Judge, Warrick

Circuit Court

(B) The Court shall alternately select a judge for appointment as special judge, on

a rotating basis, from the list set forth above, until all of the judges have been appointed an

equal number of cases.

(C) In the event no judge from the list above of this rule is available for

appointment, or the particular circumstances in a case warrant selection of a special judge by

the Indiana Supreme Court, the Court may request, pursuant to Ind. Crim. Rule 13(D), the

Indiana Supreme Court to appoint a special judge.

(Amended July 18, 2011)

LR63-AR00-13 ASSIGNMENT OF CASES

(A) The following cases shall be assigned to the Pike Circuit Court:

(1) Capital, felony and misdemeanor;

(2) All civil actions in which the amount in controversy exceeds

six thousand dollars ($6,000.00); and,

(3) Probate.

(B) The following cases shall be assigned to the Small Claims, Juvenile and

Family Law Division of the Pike Circuit Court:

(1) Small claims matters, as described in Ind. Code Ann. 33-4-3-7 (1999);

(2) Infraction and ordinance violation cases, as provided in Ind. Code

Ann. 33-4-3-11(3), (4) (1998);

(3) Juvenile matters; and,

(4) Actions for dissolution of marriage and legal separations, as

provided under Article 15 of Title 31 of the Indiana Code.

(C) The Referee Judge of the Pike Circuit court shall have the power and authority

prescribed under Ind. Code. Ann. 33-4-7-4 thru -8, and perform the duties described in Ind.

Code Ann. 31-31-3-6 (1997).

(D) The Referee Judge shall be responsible to the presiding Judge of the Pike

Circuit Court for the management and operation of the docket and administrative staff of the

Small Claims, Juvenile and Family Law Division.

(E) The Referee Judge shall have authority to make findings of probable cause

and issue search and arrest warrants in all criminal matters.

(F) The Referee Judge shall have authority to issue emergency protective orders.

(G) Should disqualification and recusal of the Referee Judge be necessary in a

matter, the matter shall automatically be transferred to the Circuit Judge for further

proceedings.

(H) In the absence, or inability, of the Circuit Judge to preside, the Referee

Judge shall serve as Judge Pro Tempore of the Pike Circuit Court.

(I) In the absence, or inability, of the Circuit and/or Referee Judge to preside

over their respective dockets, a Judge Pro Tempore shall not be appointed without the

approval of the Circuit Judge.

LR63-AR28-14 COURT REPORTER

(A) Definitions. The following definitions shall apply under this rule:

(1) A court reporter is a person who is specifically designated by the Court

to perform the official court reporting services for the Court, including preparing a

transcript of the record of proceedings.

(2) Page means the page unit of transcript which results when a recording

is transcribed in the form prescribed by Ind. Appellate Rule 28, including the table of

contents of the record of proceedings, as prescribed by App. R. 28(A)(8).

(3) County indigent transcript means a transcript that is paid for from

county funds and is for the use on behalf of a litigant who has been declared indigent

by the Court.

(4) State indigent transcript means a transcript that is paid for from

county funds and is for the use on behalf of a litigant who has been declared

indigent by the Court.

(5) Private transcript means a transcript, including, but not limited to,

a deposition transcript that is paid for by a private party.

(B) Page Fees

(1) The maximum per page fee a court reporter may charge for the

preparation of a county indigent transcript shall be $4.25; the court reporter shall

submit a claim directly to the county for the preparation of any county indigent

transcripts.

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

preparation of a state indigent transcript shall be $4.25.

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

preparation of a private transcript shall be $4.25.

(4) A court reporter shall charge not less than $35.00 for the preparation of

a county indigent, state indigent or private transcript.

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

transcript fees received for the 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.

(C) Labor Costs. A court reporter may charge $13.00 per hour for time

spent binding the transcript and exhibits.

(D) Schedule of Transcript Supplies. A court reporter may charge for the

office supplies required and utilized for the binding and electronic transmission of the

transcript, pursuant to Appellate Rule 28 and 29, in accordance with the following

schedule of per unit costs:

(1) Cover (standard clear)............................................... $0.56

(2) Cover (standard black). ............................................. $0.78

(3) 1/4" combs................................................................. $0.06

(4) 3/8" combs................................................................. $0.07

(5) ½" combs................................................................... $0.11

(6) 1" combs.................................................................... $0.50

(7) 1 ½" combs................................................................ $0.55

(8) 8 ½” x 11" paper. ....................................................... $0.02

LR63-AR00-15 POSSESSION OF WEAPONS IN COURT

(A) Unless authorized by the Pike Circuit Court, no person shall be permitted to

possess a weapon in the Court’s facilities. The Court’s facilities include the courtrooms of

the Circuit Court and Small Claims, Juvenile, and Family Law Division of the Court, the

Court’s administrative offices, conference rooms, and jury room.

(B) The Sheriff of Pike County and the Bailiff of the Pike Circuit Court may

establish any and all necessary procedures to carry out this Local Rule. The Sheriff, law

enforcement officers, and the Bailiff shall search and seize all weapons in violation of this rule.

All weapons shall be held by the Sheriff’s Department until further order of this Court.

(C) “Weapon” is defined as a loaded or unloaded firearm, knife or other sharp

instrument or device, chemical substance, or other material that in the manner it is used, or

could be used, or is intended to be used, is readily capable of causing bodily injury.

(D) The Sheriff, law enforcement officers, and the Bailiff may detain persons who

they have reason to believe possess weapons in violation of this rule long enough to obtain

proper name, address, date of birth, and social security number and/or seize the weapon.

(E) Any person who possesses a weapon in violation of this rule shall be

immediately brought before the Court for a direct contempt hearing.

(F) This rule does not apply to any law enforcement officer or the Bailiff while on

active duty and after first obtaining permission from the judge of the court in which he or she

is to appear.

LR63-AR00-16 RECORDING EQUIPMENT IN COURTROOM

Broadcasting, televising, recording, or taking photographs, for purposes other than the

presentation of evidence during legal proceedings, in the courtroom and atrium of the third

floor of the courthouse during sessions of court or recesses between sessions, without

authorization by the Presiding Judge of the Pike Circuit Court, is prohibited. As such, the

presence of such devices on the third floor of the courthouse is prohibited.

LR63-JR00-17 JURIES

(A) Jury Questionnaire. Completed jury questionnaire forms shall be available

for inspection by the parties, or their attorneys, in the cause in which prospective jurors who

have completed such forms may be called, at any time prior to trial. Arrangements for

inspection shall be made by the parties, or their attorneys with the Bailiff of the Pike Circuit

Court.

(B) Voir Dire Examination by Court. The Court, in its discretion, may

conduct initial voir dire examination of the jury venire.

(C) Voir Dire Examination by Counsel. Following voir dire examination of the

jury venire by the Court, an appropriate number of prospective jurors, as determined by the

Court, shall be seated in the jury box. Counsel will, then, be permitted an opportunity to

conduct voir dire examination. The questions asked by counsel on voir dire shall be limited to

the extent possible to those questions bearing upon the qualification of the prospective jurors

not adequately covered by the questions and answers contained in the completed juror

questionnaire or previous questions posed by the Court and answers thereto. Plaintiff shall first

examine the jurors and temporarily pass them to defendant for examination.

(D) Challenges. After the defendant has examined the prospective jurors seated in

the jury box, counsel shall approach the bench and either accept the prospective jurors or make

challenges for cause or peremptory challenges out of hearing of the prospective jurors. If

prospective jurors are excused, the process described in paragraph (C) of this rule shall be

repeated for newly called prospective jurors until the jury has been accepted or all available

peremptory challenges have been exhausted.

(E) Multiple Parties. In cases involving multiple plaintiffs or defendants, the

details of the voir dire procedure will be determined by the Court at final pre-trial conference.