Ind. County Local Rule: posey-local-rules

LOCAL RULES

OF THE

POSEY CIRCUIT AND SUPERIOR COURTS

Updated - June 1, 2023

LR65-CR2.2-01 Rule for the Assignment of Criminal Cases in the Posey Circuit and

Superior Courts

LR65-CR00-01 Appointment of Pauper Counsel and Pauper Counsel Rate in

Criminal and/or Juvenile Delinquent Cases

LR65-AR1-02 Rules for Assignment of Civil Cases in the Posey Circuit and Superior

Courts

LR65-AR1-03 Rule for Random Assignment of Felony and Civil Cases

LR65-CR2.2-04 Special Judge Selection in Civil and Criminal Cases

LR65-CR2.2-05 Transfer of Cases

LR65-TR00-01 Appointment of Pauper Counsel and Pauper Counsel Rate in Civil

Cases

LR65-TR6-06 Extension of Time to Answer Complaint

LR65-TR16-07 Settlement Conferences

LR65-TR16-08 Original and Post-Dissolution and Paternity Actions

LR65-TR16-09 Guardian Ad Litem

LR65-AR15-10 Court Reporters

LR65-TR79-11 Relief from Local Rules

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LR65-CR2.2-01 Rule for the Assignment of Criminal Cases in the Posey

Circuit and Superior Courts

The Clerk of the Courts of Posey County shall assign all criminal cases to the Posey

Circuit Court.

LR65-CR-00-01 Appointment of Pauper Counsel and Pauper Attorney Rate

In Criminal and/or Juvenile Delinquent Cases

In all criminal and/or juvenile delinquent cases where the Court appoints pauper counsel,

said counsel shall be a licensed attorney in good standing who is able to practice law in the State

of Indiana. The rate of pay for any such counsel shall be One Hundred Twenty-five Dollars

($125.00) per hour.

LR65-AR1-02 Rules for Assignment of Civil Cases in the Posey Circuit

and Superior Courts

Civil cases shall be assigned between Posey Circuit and Superior Courts as follows:

Traffic Violations and other Infractions (IF), Expungement (XP), Waiver of

Reinstatement Fees (MI), Post-Conviction Relief (MI), Mental Health (MH), Juvenile

Delinquency (JD), Juvenile Status (JS), Juvenile Miscellaneous as to delinquency only (JM),

Juvenile Paternity initiated by or through the IV-D Office of the Prosecutor (JP), Reciprocal

Support (RS), Tax Sales (TS), Tax Deeds (TD), Red Flag (RF), and Election Recount (MI) shall

be assigned to the Posey Circuit Court.

Juvenile CHINS (JC), Juvenile Termination of Parental Rights (JT), Juvenile

Miscellaneous as to CHINS only (JM), Domestic Relations with Children (DC), Domestic

Relations with No Children (DN), Juvenile Paternity initiated by or through any party other than

the IV-D Office of the Prosecutor (JP), Grandparent Visitation (MI), Adoption (AD),

Guardianship (GU), Guardianship Miscellaneous (GM), all other Miscellaneous Civil (MI) not

otherwise specified herein, Small Claim (SC), Evictions (EV), Civil Plenary (CP), Civil

Collection (CC), Civil Tort (CT), Mortgage Foreclosure (MF), Local Ordinance Violation (OV),

Estate Supervised (ES), Estate Unsupervised (EU), Trust (TR), Petition for Change of Name

(MI), and Petitions for Protective Order (PO) shall be assigned to the Posey Superior Court.

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All other cases shall be randomly assigned to the courts in accordance with LR65-AR1-

03.

LR65-AR1-03 Rule for Random Assignment of Felony and Civil Cases

The Clerk of the Courts of Posey County shall devise and utilize a plan for the random

and equal assignment of all other civil cases required by these rules to be assigned at random to

the Posey Circuit and Superior Courts.

LR65-CR2.2-04 Special Judge Selection in Civil and Criminal Cases

In the event a special judge is required under Trial Rule 79(H) in civil cases or under

Criminal Rule 13 in criminal cases, the procedures set forth in the District 26 Rule on Special

Judge Selection, as set forth below, shall be followed.

District 26 Rule on Special Judge Selection

TR 79(H), CR 13

In any District 26 circuit or superior court: 1) upon entry of an order granting a change of

judge or entry of an order of recusal or disqualification in all civil or juvenile proceedings, if the

parties shall fail to timely file an agreement in writing to an eligible special judge, or the judge so

selected by the parties declines acceptance of the appointment as special judge (all as provided

by TR 79 (D)); or 2) upon entry of an order granting a change of judge or entry of an order of

recusal or disqualification in all criminal cases (see CR 12, 13); in all such cases (civil, juvenile

and criminal) the appointment of an eligible special judge shall be made pursuant to this District

26 Rule:

The case shall be randomly assigned to one of the other judges or full-time judicial

officers in the county of origin by the same process in which the case was initially assigned.

This process shall be continued until qualification of a special judge or until each judge or full-time judicial officer in the county in which the case originated has been disqualified or been

excused from service by the Indiana Supreme Court. If all judges or full-time judicial officers in

the county in which the case originated shall disqualify or be excused from service by the

Indiana Supreme Court, the judge exercising jurisdiction pending selection of a special judge

shall refer the case to the Administrator of the Vanderburgh Superior Court (“Administrator”) for

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assignment of a special judge. The Administrator shall assign a civil case to a judge or full- time

judicial officer eligible for such service pursuant to TR 79(J) and serving in a District 26 court

outside the county in which the case originated, or are from a contiguous county outside District

26 and have agreed to serve as special judge in the court where the case is pending.

The Administrator shall assign a criminal case to a judge or full-time judicial officer from

contiguous counties and counties within District 26. The assignment shall be made as set forth in

paragraph 2.

The Administrator shall maintain a current list of District 26 judges and full-time judicial

officers eligible pursuant to TR 79(J) for appointment as special judge in civil cases, and a

current list of judges and full-time judicial officers from contiguous counties and counties within

District 26 for appointment as special judge in criminal cases (“Civil and Criminal Cases Special

Judge Lists”). Upon referral of a case for assignment of a special judge, the Administrator shall

immediately assign a judge or full-time judicial officer from either the civil or criminal Special

Judge List seriatim and notify the court where the case is pending of the assignment. The

judicial officer exercising jurisdiction shall enter an order of appointment and notify the judicial

officer so selected of the order of appointment. As required by TR 79 (H) or CR 13, the judicial

officer appointed to serve under this paragraph 2 must accept jurisdiction in the case unless the

appointed special judge is disqualified pursuant to the Code of Judicial Conduct, ineligible for

service under TR 79 or CR 13, or excused from service by the Indiana Supreme Court. If the

appointed judicial officer is disqualified, ineligible, or excused from service, the Administrator

shall again assign from the Special Judge List seriatim. This process shall continue until

jurisdiction vests in a special judge so selected. If no judicial officer in District 26 shall qualify,

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

As provided by TR 79(H) or CR 13, the order of appointment made pursuant to this

District 26 rule by the court in which the case is pending shall constitute acceptance. An oath or

additional evidence of acceptance of jurisdiction is not required.

Any judicial officer assigned by the Administrator as special judge who is disqualified

pursuant to the Code of Judicial Conduct, ineligible for service under TR 79(J), or excused from

service by the Indiana Supreme Court, shall remain on the list in the same numeric place from

which assigned. The first such judicial officer assigned who does not serve shall accordingly be

the first assigned to the next case referred to the Administrator for assignment of a special judge.

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Unless unavoidable, all District 26 judges and full-time judicial officers eligible for service as a

special judge pursuant to TR 79(J) shall serve as a special judge before the Administrator may

twice assign the same person from the Special Judge List as a special judge.

LR65-CR2.2-05 Transfer of Cases

The Judge of the Posey Circuit or Superior Court may transfer any case to the Posey

Superior or Circuit Court, as the case may be, with the permission of the Judge of the Court to

which the case is to be transferred provided no conflict exists which otherwise prevents said

transfer.

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LR65-TR-00-01 Appointment of Pauper Counsel and Pauper Attorney Rate

In Civil Cases

In all civil cases (including Adoption, Divorce, Guardianship, and Child in Need of

Services cases) where the Court appoints pauper counsel, said counsel shall be a licensed

attorney in good standing who is able to practice law in the State of Indiana. The rate of pay for

any such counsel shall be One Hundred Twenty-five Dollars ($125.00) per hour.

LR65-TR6-06 Extension of Time to Answer Complaint

A thirty (30)-day extension of time to answer the original or any amended complaint in a

civil action shall be effective without separate order of the court upon filing of a notice of such

extension by the answering party on or before the original answer date.

LR65-TR16-07 Settlement Conferences

In all Posey Circuit or Superior Court matters, except original dissolution actions and

post-dissolution matters, children in need of services, protective orders, juvenile cases, criminal

cases, election recounts and other such statutorily prescribed proceedings and emergency

matters, small claim, civil collection, and mortgage foreclosure cases; within 30 days after the

issues are closed, the party that initiated the cause shall schedule a settlement conference with all

counsel of record and all pro-se litigants as follows:

(A) This settlement conference shall be held in person, telephonically, or by any other

electronic means within 60 days after the issues are closed.

(B) All attorneys and all pro-se litigants shall attend this settlement conference. If the

location for the settlement conference cannot be agreed upon, the same shall be held in the court

facilities where the case is pending. The judge will not be involved in this settlement conference.

(C) The attorneys and pro-se litigants shall discuss settlement and other Trial Rule 16

matters. A written report shall be prepared, signed by all attorneys and pro-se litigants, and shall

be filed within 14 days after conclusion of the settlement conference.

(D) If all issues are not settled during this settlement conference, the parties shall

engage in mediation. The parties may agree upon a mediator who is willing to serve or the

parties may contact the court to name a panel. The parties shall equally share the costs of

mediation unless otherwise determined during the mediation. Plaintiff’s counsel shall file a

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certificate with the court indicating the initial date of mediation and the mediator agreed upon by

the parties. Mediation may be waived on a case-by-case basis upon proper petition to the Court

for good cause shown.

LR65-TR16-08 Original and Post-Dissolution and Paternity Actions

The following requirements apply in all original and post-dissolution or paternity matters.

(A) In all original domestic relations and paternity actions, except those finalized by a

timely agreed summary decree, the parties shall appear for an initial hearing in Court at 8:00 a.m.

on a weekly date designated by the Court wherein the parties shall, in good faith discuss the

issues and attempt to reach an agreement on the same. In all cases involving minor children, the

parties shall attend and pay for the “Trans Parenting” seminar before the final hearing. If the

parties are unable to resolve any or all of the issues, the Court will set a final contested hearing,

subject to any order requiring mediation. A party shall provide to the other party at least five (5)

business days’ notice of any 8:00 a.m. initial hearing set.

(B) As a condition precedent to filing any post-dissolution or paternity matter, the

party seeking relief shall make a good faith effort to resolve the matter by seeking an out-of-court resolution and if the matter is not resolved, the party seeking relief shall file a specific

verified pleading that the party has, within thirty (30) days prior to seeking relief, made such an

effort setting forth the specific actions taken to resolve the matter.

(C) If all issues are not settled at the initial hearing date, the parties shall enter into

mediation with a mediator agreed upon by the parties or appointed by the court. The Parties

shall each pay one-half of the mediation costs unless otherwise ordered. The party, or the party’s

attorney, initiating an original action or seeking modification post original decree or judgment,

has the obligation to initiate the initial hearing. During the initial hearing, the Court may waive

mediation for good cause shown.

(D) These rules do not apply to protection order actions and may be waived in

dissolution and paternity matters upon order of the court for good cause shown.

(E) Upon the entry of a Final Decree of Dissolution of Marriage, Legal Separation,

Paternity, or an Order of modification of any custody, parenting time and/or child support, the

representative capacity of all attorneys appearing on behalf of any party shall be deemed

terminated:

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1. after the filing of all entries due during the period of time the attorney

provided representation; and either

a. an Order of Withdrawal is granted by the Court; or

b. the expirations of time within an appeal of such Order may be

preserved or perfected pursuant to the Indiana Rules of Trial

Procedure and/or the Indiana Rules of Appellate Procedure; or

2. the conclusion of any appeal of such Order commenced pursuant to the

Indiana Rules of Trial Procedure and/or the Indiana Rules of Appellate Procedure.

The service of any post-dissolution pleading upon any party not represented by

counsel pursuant to this subparagraph E shall be made upon the party individually pursuant to

the Indiana Rules of Trial Procedure. Any copy of any pleading served upon the party’s original

counsel will be deemed to be a matter of professional courtesy only.

LR65-TR16-09 Guardian Ad Litem

In all cases where the appointment of a Guardian Ad Litem is required by law, the court

will appoint an attorney in good standing in the Indiana Bar whose fees and expenses shall be

paid by the party or parties initiating the action and/or, if necessary, from public funds at the

prevailing pauper attorney rate. The Court may also appoint a Court Appointed Special

Advocate (CASA) or other properly trained volunteer to serve as Guardian Ad Litem.

LR65-AR15-10 Court Reporters

Section 1 – Definitions. The following definitions shall apply under this local rule 10.

(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) Work Space 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 results when a recording is transcribed in

the form required by Indiana Rule of Appellate Procedure 7.2.

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(5) Recording means the electronic, mechanical, stenographic or other recording made as

required by Indiana Rule of Trial Procedure 74.

(6) Regular hours worked means those hours which the court 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 work week.

(8) Overtime hours worked means those hours worked in excess of forty (40) hours per

workweek.

(9) Work week means a seven (7) consecutive day week that consistently begins and ends

on the same days throughout 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. Court

may also mean all of the courts in Posey County.

(11) 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 a court.

(12) State indigent transcript means a transcript that is paid for from state funds and is for

the use on behalf of a litigant who has been declared indigent by a court.

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

transcript and a transcript requested by a party who is not indigent, that is paid for by a private

party.

(14) Minimum fee means the minimum amount a Court Reporter may charge for a transcript

which does not add up to $40.00 (ten pages or less). The minimum fee may not be charged in

addition to the per-page fee.

(15) Labor fee is a fee that Court Reporters may charge for the amount of time spent binding

the transcript and exhibit binders which is to be figured at an approximate hourly rate based upon

the Court Reporter’s annual court compensation.

(16) Office supplies are the supplies required and utilized for the binding and electronic

transmission of the transcripts. The Court Reporter may be reimbursed for the office supplies

pursuant to a Schedule of Transcript Supplies for the Posey Circuit and Posey Superior Courts.

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(17) Expedited transcripts are transcripts that have been requested to be completed by court

reporters with a completion date within 30 days from the date ordered.

Section 2 - 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 any 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.

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

indigent transcript shall be $4.50, including pages prepared for the Index and Table of Contents

plus $4.50 per first page for each exhibit, plus office supply costs pursuant to the Schedule of

Transcript Supplies. The Court Reporter shall submit a claim directly to the county for the

preparation of any county indigent transcripts that are not prepared during regular work hours.

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

indigent transcript shall be $4.50 including pages prepared for the Index and Table of Contents,

plus $4.50 per first page for each exhibit and $2.00 for each additional page of each exhibit, plus

office supply costs pursuant to the Schedule of Transcript Supplies. Monies shall be paid

directly to the court reporter if done during non-regular work hours, or the monies shall be paid

directly to the court for any transcripts that are prepared during regular work hours.

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

transcript shall be $4.50 including pages prepared for the Index and Table of Contents, plus

$4.50 per first page for each exhibit and $2.00 for each additional page of each exhibit, plus

office supply costs pursuant to the Schedule of Transcript Supplies.

(5) A court reporter shall charge $1.50.00 per page for each copy of a transcript.

(6) If a court reporter is requested to prepare a non-indigent transcript, all such work shall be

done “off the clock” and generally all such transcripts are to be transcribed outside of regular

working hours. Hours worked on transcript preparation for non-indigent transcripts do not count

towards “hours worked” for calculation of eligibility for overtime compensation. With the

judge’s prior approval, a court reporter may transcribe a non-indigent transcript during the

regular work day if the court reporter substitutes any leave time, including compensatory time

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already earned, for those hours spent during the regular work day transcribing the non-indigent

transcript. By doing so, although physically present, the court reporter will be “off the clock.”

(7) Each court reporter shall report, at least on an annual basis, all transcript fees received for

the preparation of either county indigent, state indigent (transcripts not prepared during regular

work hours) or private transcripts to the Indiana Supreme Court Division of State Court

Administration. The report shall be made on forms prescribed by the Division of State Court

Administration.

(8) Each court reporter may charge a $15.00 hourly labor fee for the time spent binding the

transcript and the exhibits.

(9) Each court reporter may charge for office supplies required and utilized for the binding

and electronic transmission of the transcript pursuant to the Schedule of Cost of Transcript

Supplies for the Posey Circuit and Posey Superior Courts.

(10) Each court reporter may charge a minimum transcript fee of $40.00 for transcripts of ten

(10) pages or less. No other fees may be charged if a minimum transcript fee is charged.

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

or county expedited transcript with the completion date of within 30 days shall be twice the

amount of a nonexpedited private transcript plus office supply costs pursuant to the schedule of

transcript and binding fees.

Section 3 - Private Practice.

(1) If a court reporter elects to engage in private practice through the recording of a

deposition and/or preparing of a 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, work space

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 (“private practice”), all such private

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practice shall be done “off the clock” and generally all such transcripts are to be transcribed

outside of regular working hours. Hours in private practice do not count towards “hours

worked” for calculation of eligibility for overtime compensation. With the judge’s prior

approval, a court reporter may work in private practice during the regular work day if the court

reporter substitutes any leave time, including compensatory time already earned, for those hours

spent during the regular work day in private practice. By doing so, even if physically present,

the court reporter will be “off the clock.”

Section 4 – Schedule of Cost of Transcript Supplies.

The following are the prices court reporters in Posey County’s courts are allowed to

charge for the use of each of the following items in the preparation of transcripts:

Compact disk and plastic case $2.50 for each one used

(priced together)

3.5 Diskette and plastic cover $1.50 for each one used

(priced together)

Binders (per each binder that is $1.50 for each one used

used for a transcript)

Labels to identify exhibits $0.10 for each one used

Film and cost of development Actual cost with receipt plus

thirty-three (33%) percent

Plastic sleeves for exhibits $0.15 for each one used

Any other supplies used will be charged at the cost to the court reporter plus thirty-three

(33%) percent.

LR65-TR79-11 Relief from Local Rules

A court, upon its own motion, or upon good cause shown, on a case-by-case basis, may

by specific order provide relief from the operation of these local rules.

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