Ind. Porter Cnty. Local Rule LR64-ARO1-3000

3000.10 For purposes of these rules:

(A) The Judge of the Porter Circuit Court shall also serve as Judge of the court designated as

Porter Superior Court 5. (See, IC 33-33-64-20)

(B) Porter Superior Courts 1, 2, and 5 shall comprise the Porter Superior Division.

(C) Porter Superior Courts 3, 4, and 6 shall comprise the Porter County Division.

(D) The Magistrate of the Porter Superior Court 1 shall be known as Magistrate #1 and the

Magistrate of the Porter Superior Court 2 shall be known as Magistrate #2.

3000.15 Case Type Categories PL, CT, TS, TP, EV (civil) and MF. PL, CT, TS, TP, EV (civil) and MF

cases are assigned and distributed by the use of Odyssey Case Management Software by the Office of the

Clerk and Court Administrator for each case type on an even, random and rotating assignment of cases to

the following Courts:

(A) Superior Court 1

(B) Superior Court 2

(C) Superior Court 5

3000.20 Case Type Category CC. CC cases are assigned in increments of twenty (20) cases per

Superior Division Courtroom beginning with filings for Superior Court 1, thereafter Superior Court

2, thereafter Superior Court 5 and subsequently reverting to the same order.

3000.30 Case Type MH and PO. Except for Transport Orders issued by the Judge of Superior

Courts 3 or 6, the Clerk of Court shall assign a mental health case to the judicial officer who issued

the verbal Order for Transport to Mental Health Facility. If the Transport Order was issued by the

Judge of Superior Courts 3 or 6, the MH case shall be assigned to Superior Court 1. For other

Superior Courts issuing the Transport Order, the case shall remain in that Superior Court until final

disposition. The Clerk of Court shall assign cases involving Orders for Protection to any available

judicial officer, subject to transfer. If any party involved in an Order for Protection has a pending

DR or JP related case, the Clerk shall attempt to assign the PO case to that Court.

3000.40 Case Type Categories DR, RS, ES, EU, EM, GU, and TR. DR, RS, ES, EU, EM, GU,

and TR cases are assigned and distributed by the use of Odyssey Case Management Software on an

alternating, rotating, even and random distribution of cases to the following Courts:

(A) Superior Court 1, Magistrate

(B) Superior Court 2, Magistrate

3000.50 Transfer of Civil Cases. In the event the filing of cases pursuant to paragraphs 3000.15

through 3000.40 of this rule shall result in a disparity of civil filings reflected by the Quarterly Case

Status Report (QCSR), the Judges of the Superior Division may jointly direct the Clerk of the Court

to assign case filings so as to eliminate the disparity.

3000.60 Case Type Categories AD or MI. Except as set forth below, a party filing a new action

of the case type categories AD or MI, may file with any judge of a Court who is available.

However, the Clerk of Court shall assign the following types of MI cases as set forth below:

(A) Grandparent Visitation: In the DR or JP Court which has heard the underlying action.

(B) Name Change: Adult Name Change Petitions shall be assigned to Superior Court 1, 2, or

5, as selected by the filer. Minor Name Change Petitions shall be assigned to Circuit

Court, only.

(C) Marriage License Issues: In Superior Court 1, 2, 4, or 5 as selected by the filer.

(D) Any Other MI Designated Case: As selected by the filer.

(E) Venue for Specialized Driving Privilege Permits (MI Designated and as part of Criminal

Case.)

(1) Petitions Brought Under IC 9-30-16-4. A Petition for Specialized Driving

Privilege Permit under IC 9-30-16-4 shall be filed with the Clerk of Court obtaining

an MI case designation in the following court:

(a) In the Court which suspended the driving privileges or if multiple

suspensions, where the most recent suspension was ordered;

(b) If a Habitual Traffic Violator, in the Court whose conviction resulted in the

Habitual Traffic Violator designation and if multiple offenses, in the most

recent conviction;

(c) Where the Petitioner resides in Porter County and suspensions are ordered in

counties other than Porter County, the case shall be filed by the venue

requirements established under the Small Claims Local Rules.

(2) Petitions Brought Under IC 9-30-16-3. A Petition for Specialized Driving

Privileges Permit under IC 9-30-16-3 shall be filed under the same cause number as

the case related to the license suspension.

(3) Any action to modify or clarify the terms of a Specialized Driving Privileges

Permit and any criminal charge involving the violation of the Permit shall be filed in

the same courtroom that issued the permit.

3000.70 Judicial Action before Filing. If a case being filed requires some action by a judge before

filing, e.g., waiver of filing fees, the party filing the action must go to the Clerk's Office to

determine case assignment before taking the case to the Judge. In such cases, no cause number will

be assigned until the parties return to the Clerk after action by the Judge.

3000.80 Selection of Special Judges Under Trial Rule 79(H) – Superior Division.

(A) For case types CT, EV (Civil), MH, PO, MI, PL, CC, SC, XP, and MF, and any other civil case

types as may hereafter be required to be reported on the Quarterly Case Status Report, the Court

Administrator shall select a special judge on a rotating basis, excluding the judge for whom a

special judge is being selected, from the following list of full-time judicial officers.

(1) Judge of the Porter Superior Court 1.

(2) Judge of the Porter Superior Court 2.

(3) Judge of the Porter Superior Court 3.

(4) Judge of the Porter Superior Court 4.

(5) Judge of the Porter Superior Court Judge of the Porter Superior Court 6.

(6) Magistrate #1.Magistrate #2.

(B) Should none of the judges above qualify as special judge, see Rule 3000.100 below.

3000.85 Selection of Special Judges Under Trial Rule 79(H) – County Division.

(A) For cases types EV (Eviction – small claims), CT, MH, PO, MI, PL, CC, SC, XP, and MF and any

other civil case types as may hereafter be required to be reported on the Quarterly Case Status

Report, the following procedure shall be used to select a special judge:

(1) For cases in Superior Court 3, the case shall first be assigned to Superior Court 6. If that

judge does not qualify, then the case shall be assigned to Superior Court 4.

(2) For cases in Superior Court 4, the case shall be first assigned to Superior Court 3. If that

judge does not qualify, then the case shall be assigned to Superior Court 6.

(3) For cases in Superior Court 6, the case shall be first assigned to Superior Court 4. If that

judge does not qualify, then the case shall be assigned to Superior Court 3.

(B) If all County Division judges are disqualified from serving, then the Court Administrator shall

select a special judge on a rotating basis from Superior Court 1, Superior Court 2, and Superior

Court 5 judges until all judges have been disqualified.

(C) If all judicial officers listed in Sections A and B are disqualified from serving, the Court

Administrator shall randomly select a special judge from the Porter County Magistrates. If the first

Magistrate selected is disqualified from serving, then the other Magistrate shall be assigned.

(D) Should none of the judicial officers above qualify as special judge, see Rule 3000.100 below.

3000.90 Change of Judge in DR, RS, ES, EU, GU, TR, JP, JT, JS, EM, JD and JC Under

Trial Rule 79(H).

(A) For case type categories DR, RS, ES, EU, GU, TR, JP, JT, JS, EM, JD AND JC, and any

other domestic relations or estate related civil case designations as may hereafter be

required to be reported on the Quarterly Case Status Report (QCSR), if a special judge is

needed in Circuit Court or Superior Courts 1, 3, or 5, Magistrate #2 shall be appointed as

special judge. If a special judge is needed in Superior Courts 2, 4 or 6, Magistrate #1 shall

be appointed as special judge.

(B) If the respective Magistrate does not qualify as special judge the Court Administrator shall

select a special judge on a rotating basis, excluding the judge for whom a special judge is

being selected, from the following list of full-time judicial officers.

(1) Judge of the Porter Circuit Court.

(2) Judge of the Porter Superior Court 1.

(3) Judge of the Porter Superior Court 2.

(4) Judge of the Porter Superior Court 3.

(5) Judge of the Porter Superior Court 4.

(6) Judge of the Porter Superior Court 6.

(C) Should none of the judges above qualify as special judge, see Rule 3000.100 below.

3000.100 Further Special Judge Selection Rules in Civil Cases.

(A) Should none of the judges under Rules 3000.80, 3000.85 or 3000.90 qualify as special

judge, then the Court Administrator shall select a special judge on a rotating basis from

the following list of full-time judicial officers.

(1) Judge of the Jasper Superior Court.

(2) Judge of the Jasper Circuit Court.

(3) Judge of the Newton Circuit Court.

(4) Judge of the Newton Superior Court.

(5) Judge of the Benton Circuit Court.

(B) Should none of the judges in Section A qualify as special judge, then the case shall be

certified to the Indiana Supreme Court as provided in Indiana Trial Rule 79(H)(3).

(C) Notwithstanding any of the rules above, a judge may directly request the Indiana Supreme

Court to appoint a special judge when:

(A) No judge under the local rule is qualified for appointment, or

(B) The particular circumstances of the case warrant selection of a special judge

by the Indiana Supreme Court.