Ind. County Local Rule: putnam-local-rules

LOCAL RULES OF PRACTICE OF THE PUTNAM CIRCUIT AND

SUPERIOR COURTS

INDEX

Local Rules 1-13 Indiana Rules of Trial Procedure

LR67-1 Scope of Rules

LR67-2 Commencement of Action/Assignment of Cases

LR67-3 Late Payment Fee for Court Costs, Fines, and Civil

Penalties

LR67-4 Appearance of Representation

LR67-5 Motion Practice

LR67-6 Service and Filing of Pleadings; Court Office Service

Boxes; Submission of Proposed Orders

LR67-7 Sanctions for Discovery Violations

LR67-8 Continuances

LR67-9 Telephonic Pretrial Conferences

LR67-10 Selection of a Special Judge Pursuant to Trial Rule 79(H)

LR67-11 Selection of a Special Judge in Criminal Cases

LR67-12 Procedure for Proceedings Supplemental

LR67-13 Dress and Conduct

LR67-14 Hearings/Trials

Local Rules 15-26 Dissolution of Marriage and Juvenile Paternity

Matters

LR67-16 Pro Se Filings

1

LR67-17 Requested Court Time for Hearing

LR67-18 Temporary Restraining Orders

LR67-19 Termination of Counsel’s Representation

LR67-20 Attendance of Helping Children with Divorce and

Paternity Class

LR67-21 Discovery Limitation

LR67-22 Attorney Fees

LR67-23 Decree Provisions for Minor Children Cases Regarding

Parental Location

LR67-24 Contested Custody Cases

LR67-25 ADR and Facilitation Procedures for Dissolution of

Marriage

LR67-26 Parenting-Time Guidelines

Local Rules 27-31 Indiana Rules of Criminal Procedure

LR67-27 Criminal Rule 4 Notice

LR67-28 Discovery

LR67-29 Preliminary Criminal Pretrial Conferences

LR67-30 Final Pretrial Conferences

LR67-31 Bond Schedule and Conditions of Posting Bond

Local Rule 32 Indiana Jury Rules

LR67-32 Notice of Selection for Jury Pool; Summons for Jury

Service

2

Local Rules 33-34 Indiana Administrative Rules

LR67-33 Court Reporter Services

LR67-34 Removal of Files

Local Rules 35-45 Probate and Guardianship Procedures

LR67-35 Notice

LR67-36 Bond

LR67-37 Inventory

LR67-38 Real Estate/Deeds

LR67-39 Accountings

LR67-40 Sale of Assets

LR67-41 Fees of Attorneys and Fiduciary

LR67-42 Closing Estate

LR67-43 Presence of Alleged Incapacitated Person at

Guardianship Hearing

LR67-44 Annual Reports

LR67-45 Unsupervised Estates

3

LR67-46 Substance Abuse Program Schedule of Fees

LR67-47 Court Building Security

LR67-48 Evidence Handling, Retention, and Disposal

4

Local Rules 1-11 Indiana Rules of Trial Procedure

LR67-1 (Indiana T.R. 1) Scope of Rules

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

including criminal, civil, and juvenile, filed or pending in the Putnam Circuit, Superior, and/or

Magistrate Court. These rules are to be read in conjunction with and supplement to the Indiana

Rules of Court.

LR67-2 (Adm. Rule) Commencement of Action/Assignment of Cases

A. Circuit Court

1. Civil

a. all causes filed as a CC or a CT, except for

i. cases which involve Putnam County Hospital or its employed

doctors is/are a party;

b. 50% of all PL cases

c. 50% of Dissolution of Marriage actions

d. Mental Health Commitments

e. Probate

f. Trust

g. Guardianship

h. Juvenile – JM’s, JD’s, JS’s, 50% of JP’s

i. All JC, JT, and JM of Department of Child Services

j. Protective Orders if a Dissolution or Juvenile matter involving the same

parties is pending

k. Adoption

l. 100% Reciprocal Support

m. 100% Tax Petitions and Tax Sale

n. 50% of MI cases

o. 50% of RF cases- every other case

p. 50% of CE cases

q. 50% of GV cases

5

r. 50% of RA cases

2. Criminal

a. Murder- every other one (if co-defendant, then filed together)

b. Felonies- 50% of Level 1, 2, 3, 4, 5, 6 (by random draw Through Odyssey

system)

c. 50% Criminal Miscellaneous (MC) (search warrant applications, probation

transfers, etc.)

d. Misdemeanors if conflict or Defendant already has a pending filing in

Circuit or it is an allegation of compulsory school attendance.

e. 50% of RF cases

B. Superior Court

1. Civil

a. CT’s naming Putnam County Hospital /its doctors as a party

b. 50% of Dissolution of Marriage actions

c. 50% of JP’s

d. Small claims

e. Rent/eviction

f. Protective Orders, except where a dissolution or Juvenile matter is

pending in the Putnam Circuit Court

g. 50% MI cases

h. Mortgage Foreclosures (MF)

i. 50% of RF cases- every other case

j. 50% of CE cases

k. 50% of GV cases

l. 50% of RA cases

2. Criminal

a. Murder every other one (if co-defendant, then filed together)

b. Felonies- 50% of Level 1, 2, 3, 4, 5, 6 (by random draw through Odyssey

system)

6

c. All A, B, C misdemeanors; Except conflict or Defendant already has a

pending filing in Circuit, or it is an allegation of compulsory school

attendance

d. 50% of Criminal Miscellaneous MC (search warrant applications,

probation transfers, etc.)

e. 50% of RF cases- every other case

C. Prior to filing a new criminal charge, the prosecutor’s office is required to determine if

the Defendant is on probation or already has a pending criminal case or is on probation in

one of the courts. If so, the prosecutor’s office shall file the new case in the same court as

the prior pending case/probation. Prior civil cases are not included/counted for

assignment.

D. * Magistrate Judge shall hear JC’s, DC’s, AD’s, SC’s, PO’s, IF’s, JM’s w/ DCS, OV’s,

JP’s, and MI’s.

LR67-3 (Adm. Rule) Late Payment Fee for Court Costs, Fines, and Civil Penalties

A. Pursuant to I.C. 33-37-5-22, the Clerk of the Court shall collect a late payment fee of

$25.00 in every infraction, misdemeanor, or felony case in Putnam Circuit or Superior

Court in which an individual fails to pay in a timely fashion the fines and court costs

assessed by the Court.

B. The late payment fee shall be assessed when the defendant fails to pay the costs, fine or

civil penalty in full before the later of the following: (a) the end of the business day on

which the Court enters the conviction or judgment; or (b) the end of the period specified

in a payment schedule set for the payment of court costs, fines, and civil penalties

adopted for the operation of the Courts of Putnam County.

C. The Clerk of the Court shall not collect a late payment fee from any person found to be

indigent by the Court or from any person found by the Court to have good cause for

failing to timely pay the fines and costs.

D. The Clerk may take all appropriate steps to collect late payment fees, including, without

limitation, the retention of legal counsel to effectuate collection proceedings.

7

E. The Court that imposed the costs, fine or civil penalty may suspend the late payment fee

required by this Rule if the Court finds that the Defendant has demonstrated good cause

for failure to make a timely payment of the previously assessed costs, fine or civil penalty

and issues an order to that effect directing the Clerk of the Court to suspend the

assessment and collection of the Late Payment Fee.

LR67-4 (Indiana T.R. 3.1) Appearance of Representation

A. Appearances Shall be on the State prescribed form.

B. Withdrawal of Appearance by Counsel

1. Written Motion and Compliance with Trial Rule 3.1. Permission to withdraw

an appearance by counsel shall be requested by written motion. Permission to

withdraw shall be given only after the petitioning attorney has complied with the

requirements of T.R. 3.1(H), including a certification of the last known address

and telephone number of the party, subject to the confidentiality requirements of

T.R. 3.1.

2. Motions Filed Prior to the Appearance of Other Counsel. Permission to

withdraw shall be given only after the petitioning attorney has given his/her client

no less than 10 days' written notice of the intent to withdraw. A copy of the

written notice shall be attached to the petition to withdraw. The written notice to

the client shall explain the possible effects of failure to secure new counsel and

shall set forth any hearing or trial dates and any pleading, discovery, or other pretrial deadlines.

3. Motions Filed Subsequent to the Appearance of Other Counsel. Motions to

withdraw an appearance filed subsequent to the proper appearance of other

counsel shall constitute a waiver of the requirements of paragraph (B) of this rule.

4. Criminal Cases: Withdrawal Due to Defendant’s Failure to Fulfill an Obligation

with Respect to Counsel’s Fee.

a. Absent exceptional circumstances, no attorney in a criminal case should

expect permission to withdraw the attorney’s appearance based on his or

her client’s failure to fulfill an obligation with respect to the attorney’s fee

8

unless the motion to withdraw is filed at least 60 days prior to any trial

setting.

b. Paragraph (4) of this local rule applies only to criminal cases and is

designed to minimize the inconvenience and delay caused to the parties

and court by the withdrawal of counsel shortly before trial due to

nonpayment of counsel’s fee, while also recognizing the realities faced by

counsel and their clients in meeting fee obligations. The requirements of

paragraphs (1), (2), and (3) of this local rule are in addition to the

requirements and provisions of I.C. 35-36-8-2 in criminal cases.

5. Civil Cases: Withdrawal due to parties’ failure to fulfill an obligation with respect

to Counsel’s fees: Absent exceptional circumstances, no attorney in a civil case

should expect permission to withdrawal the attorney’s appearance based on his or

her client’s failure to fulfill an obligation with respect to attorney fees unless

motion to withdrawal is filed at least 10 days prior to any evidentiary

hearing/trial.

LR67-5 (Indiana T.R.) Motion Practice

A. The filing of any motion with the Clerk of the Court or with the Court shall be brought to

the attention of the Judge by the moving party within five (5) days following the filing of

the motion.

B. The time and length of hearing motions shall be fixed by the Court. Dates of hearings

shall not be specified in the notice of hearing of the motion unless prior authorization is

obtained from the Judge or Court Reporter. Any party may request oral argument upon a

motion, but the granting of oral argument is wholly discretionary with the Court. Any

party requesting oral argument shall advise the Court Reporter of the estimated time

necessary for the hearing. The Court shall determine the amount of time allotted for the

hearing.

C. Counsel desiring to file a brief in support of or in opposition to any motion must file the

brief prior to or at the time of hearing on the motion, unless otherwise ordered. A copy

shall be promptly served upon the opposing party. If the opposing party desires to file a

9

brief or memorandum, that party must do so within thirty (30) days of service of the

movant’s brief or memorandum. If the moving party desires to file a reply brief or

memorandum, that party must do so within seven (7) days of service of the response,

brief or memorandum. Time shall be computed as provided in Rule 6, Indiana Rules of

Trial Procedure. Extensions of time shall be granted only by order of the assigned or

presiding Judge for good cause shown. Failure to file an answer brief in opposition to a

motion within the time prescribed shall subject the motion to summary ruling.

D. Except by permission of the Court, no brief shall exceed fifteen (15) pages in length

(exclusive of any pages containing a table of contents, table of authorities, and

appendices), and no reply brief shall exceed ten (10) pages. Permission to file briefs in

excess of these page limitations will be granted only upon motion supported by

extraordinary and compelling reasons. Briefs exceeding twenty (20) pages in length

(exclusive of any pages containing the table of contents, table of authorities, and

appendices) shall contain:

1. a table of contents with page reference;

2. a statement of issues; and

3. a table of cases (alphabetically arranged), statutes, and other authorities cited,

with reference to the pages of the brief where they are cited.

LR67-6 (Indiana T.R. 4 and 5) Service and Filing of Pleadings; Court Office Service

Boxes; Submission of Proposed Orders

A. Service at Service Box in Offices of Circuit and Superior Court. Any attorney

choosing to use the service slots made available in the offices of the Putnam Circuit or

Superior Court shall be considered to have designated that attorney’s mail slot as a

suitable place for delivery and service of pleadings pursuant to T.R. 5(B)(1).

B. Submission of Proposed Orders. All motions, petitions, and requests for action by the

Court, must be accompanied by an original proposed order. Proposed orders shall include

a complete distribution list, including all parties, or if represented, their counsel, and all

other persons/entities to whom the order should be distributed. All proposed orders shall

identify the motion or petition to be ruled on, and, if a hearing is requested, a description

of the specific hearing to be set and a statement of the anticipated length of the hearing.

10

LR67-7 (Indiana T.R. 37) Sanctions for Discovery Violations

In all cases in which sanctions are requested, the moving party must, in its motion, set forth with

specificity what the alleged violation is, what attempts were made to rectify the situation prior to

the motion, and anything else the moving party believes relevant. See T.R. 37. The party alleged

to commit the violation shall have five (5) days to respond. The court will, at its discretion, either

issue its order without hearing or promptly set a hearing on this matter at which time both

counsels shall attend.

LR67-8 (Indiana T.R.) Continuances

A. Written Motions. 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. 4 and 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

hearings or trials in both cases were set, and the type of conflicting hearing or trial. Case

set earliest takes precedent.

C. Duty to Confer. Before requesting a continuance, the moving party shall confer with

counsel for all other parties and with any parties appearing pro se, 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. If it is the

first requested continuance and the opposing counsel does not object, the matter shall be

continued. All other requests shall be determined case by case, at the discretion of the

presiding judge.

D. Time. Continuances must follow the time constraints/requirements of Indiana Trial Rule

6.

11

LR67-9 (Adm. Rule) Telephonic pretrial conferences

In order to expedite the Court’s business, and in conjunction with T.R. 73, the Circuit and

Magistrate Courts encourage the use of telephone or video conferencing for the conducting of

pre-trial conferences and for other matters which may be reasonably conducted by use of

telephone or video conferencing software. Telephone and video conferences for conducting pretrial conferences and for other matters may be set at the discretion of the Court upon the Court’s

own motion or upon request of a party. The requesting/initiating party shall initiate the call

unless otherwise agreed by agreement of the parties. The Court shall not initiate the call.

Telephonic or video conferences are not used in the Superior Court.

LR67-10 (Indiana T.R. 79) Selection of a Special Judge Pursuant to Trial Rule 79(H)

A. The Presiding Judge in Administrative District 19 shall administer reassignment of cases

pursuant to T.R. 79(H) from a list of the Judges and Magistrates in District 19 and

contiguous counties, if a subsequent judge is not selected between the parties pursuant to

T.R. 79. The Presiding Judge shall be selected from the sitting Judges and Magistrates in

District 19. The presiding judge shall notify the parties promptly of the change. The

initial Presiding Judge’s term shall commence April 1, 2013, and terminate December 31,

2013. All subsequent terms shall be for a calendar year. Should the Presiding Judge

leave the bench during the term, a successor Judge shall be selected to fulfill the balance

of that term as well as the entirety of the next term. A Judge may not refuse to serve as

Presiding Judge, unless there is a conflict.

B. During his or her term of service, the Presiding Judge shall maintain a record of the cause

number of each case certified for reassignment and appointment of a special judge, the

Judge who certified the case, and the Judge to whom the case was reassigned. The

Presiding Judge shall submit an electronic quarterly report to all District 19 Judges and

Magistrates no more than ten (10) days following the end of each quarter of each

calendar year. The Presiding Judge may assign administrative duties to local court

support staff to assist in fulfilling these responsibilities. The Presiding Judge, at his/her

discretion, may elect not to be in the case assignment rotation during his/her term as

12

Presiding Judge. The Presiding Judge shall transfer the records maintained during his or

her term of service to the succeeding Presiding Judge.

C. Pursuant to Trial Rule 79(H), the District Judges and Magistrates shall certify to the

Presiding Judge cases for reassignment and special judge appointment. The certification

shall include a prepared order of appointment, as exhibited in Appendix A. When the

Presiding Judge receives a certification requiring reassignment, the Presiding Judge shall

appoint a Judge or Magistrate in the following manner:

1. At the beginning of each calendar year, the Presiding Judge shall create a list of

all judicial officers in District 19. The District will follow the principle that each

Judge or Magistrate will receive a new case for each case from which he or she

has been removed – a one-off, one-on formula. Upon receiving a certification, the

Presiding Judge shall assign the case to the first eligible Judge or Magistrate on

the list.

2. The order of appointment shall be filed in the court where the case originated.

The order of appointment shall constitute acceptance, and neither oath nor

additional evidence of acceptance is required.

D. A Senior Judge may elect to participate in District 19 special judge selection by

submitting a written petition to the Presiding Judge no later than January 15 of any

calendar year, indicating that the Senior Judge wishes to participate during the year.

E. When a Judge or Magistrate vacates the bench and is certified as a Senior Judge, that

Judge may retain jurisdiction of all previously existing Special Judge cases as provided

by Administrative Rule 5. In the event the Judge or Magistrate vacates the bench and is

not certified as a Senior Judge or is unavailable as indicated under Trial Rule 79 (L), then

the successor Judge may assume jurisdiction over all previous Special Judge cases of the

vacating Judge or Magistrate. The county’s judicial personnel shall first attempt to absorb

conflicts of interest of the Successor Judge within the county without undue hardship.

F. If no Judge or Magistrate is eligible to serve as a Special Judge, or if the Presiding Judge

determines the selection of a Special Judge by the Indiana Supreme Court is warranted

under the particular circumstances of a case, the Presiding Judge shall certify the case to

the Indiana Supreme Court for appointment of a Special Judge.

13

LR67-11 (Crim. Pro.) Selection of a Special Judge in Criminal Cases

A. The Presiding Judge in Administrative District 19 shall administer the reassignment of

cases pursuant to Administrative Rule 1(E)(6) and Administrative Rule 21 from a list of

Judges and Magistrates in District 19, contiguous counties, and senior judges. The

Presiding Judge shall be selected from the full-time Judges and Magistrates within

District 19.

B. Pursuant to Administrative Rule 21, District 19 and contiguous counties Judges and

Magistrates shall certify to the Presiding Judge cases for reassignment and special judge

appointment. When the Presiding Judge receives a certification requiring reassignment,

the Presiding Judge shall appoint a Judge or Magistrate in the following manner:

C. At the beginning of each calendar year, the Presiding Judge shall create a list of all

judicial officers in District 19 and contiguous counties. The principle that each Judge or

Magistrate will receive a new case for each case from which he or she has been removed

– a one-off, one-on formula shall be followed. Upon receiving a certification, the

Presiding Judge shall assign the case to the first eligible Judge or Magistrate on the list.

D. The order of appointment shall be filed in the court where the case originated. The order

of appointment shall constitute acceptance, and neither oath nor additional evidence of

acceptance is required.

E. A Senior Judge may elect to participate in special judge selection pursuant to this rule by

submitting a written petition to the Presiding Judge no later than January 15 of any

calendar year, indicating that the Senior Judge wishes to participate during the year.

F. When a Judge or Magistrate vacates the bench and is certified as a Senior Judge, that

Judge may retain jurisdiction of all previously existing Special Judge cases as provided

by Administrative Rule 5. In the event the Judge or Magistrate vacates the bench and is

not certified as a Senior Judge or is unavailable, then the successor Judge may assume

jurisdiction over all previous Special Judge cases of the vacating Judge or Magistrate.

The county’s judicial personnel shall first attempt to absorb conflicts of interest of the

Successor Judge within the county without undue hardship.

G. If no Judge or Magistrate is eligible to serve as a Special Judge in a criminal case, or if

the Presiding Judge determines the selection of a Special Judge by the Indiana Supreme

14

Court is warranted under the particular circumstances of a case, the Presiding Judge shall

certify the case to the Indiana Supreme Court for appointment of a Special Judge.

LR67-12 (Indiana T.R. 69) Procedure for Proceedings Supplemental

Unless the participation of the judge in the hearing is specifically requested by the

judgment holder or judgment debtor, the hearing on a proceeding supplemental will be

conducted informally by the parties, without the presence of the judge. Proceeding supplemental

hearings may be conducted in the courtroom, but unless a record is requested by any party, the

proceeding supplemental hearing will not be on the record. The hearings will be scheduled by

the court. Counsel shall inform court staff of the result of the proceeding supplemental. If the

action is against a pro se litigant, the moving counsel shall inform the pro se party that a judge

will hear the matter if a settlement is not produced. Furthermore, counsel shall inform the pro se

litigant of the opportunity to go before the judge.

LR67-13 (Adm. Rule) Dress and Conduct

A. Lawyers and litigants shall be appropriately attired during all court appearances. The

judge may, at his/her discretion, choose to continue the matter to allow for proper

attire.

B. Lawyers, litigants, and spectators shall at all times speak and behave in such a manner

as to respect the dignity and authority of the Courts, Judges, Magistrates, and all

judicial personnel.

C. No person shall bring food or beverage into any courtroom without the prior approval

of the judge, magistrate, or commissioner of that court.

D. All cell phones, pagers, and any other personal electronic devices are prohibited

during all court proceedings. The Court may have storage, but it is not absolute. The

Court reserves the right to confiscate these electronic devices for failure to abide by

this local rule. This does not apply to cell phones and computers used by attorneys and

officers of the court for the business of the court.

15

LR67-14 (Adm. Rule) Hearings/Trials

A. Pretrial/Status conferences

1. At any time after the issues are finally closed on the merits of any civil case, the

Court shall automatically issue the Court’s initial pretrial order for counsel to call

for a jury trial date that works with calendars. Counsel will have 30 days to file a

case management plan with disclosure/discovery dates.

a. The case management plan shall include:

i. A mediation date;

ii. A Final in-person pretrial date;

iii. Filing date for motions in limine;

iv. Dispositive motions/replies which allow time to be heard prior to

trial;

v. Proposed jury instructions;

vi. Expert witnesses, disclosure, etc.

2. Deadlines established at the status conference shall not be extended, except by

agreement of the parties and the Court, or for good cause shown.

3. Status conferences may be conducted by telephone or video conference software

if both parties agree. Plaintiff shall initiate unless the parties agree otherwise.

4. Any discovery disputes not settled shall be heard at the request of any party.

B. Trial Settings

1. Except for good cause shown, the parties and counsel involved in any civil jury

trial shall be prepared to begin the trial when scheduled.

2. All attorneys and all parties appearing pro se shall be responsible for discovering

the sequence of cases and shall be prepared to try their cases on the date

scheduled.

3. No dispositive motions, including but not limited to, Motions for Summary

Judgment, shall be filed later than the date established at the pretrial, without

leave of court. Leave of court may be granted or denied with or without a hearing,

at the option of the court.

16

Local Rule 15-26 Regarding Dissolution of Marriage and Juvenile Paternity

Matters

LR67-15 (Adm. Rule) Setting of Hearings

Provisional Hearings shall not be set unless requested by petition.

LR67-16 (Adm. Rule) Pro Se/Self Represented Filings

All pro se petitions for dissolution (where children are involved) will automatically be referred

to the Putnam County Facilitation Project and be scheduled with a facilitator as quickly as

possible, in order to establish support and parenting time guidelines, etc., when necessary.

LR67-17 (Adm. Rule) Requested Court Time for Hearing

Attorneys shall advise the Court in the text of any preliminary or contempt petition if the matter

cannot be heard on the regularly scheduled docket and shall provide an estimate of the time

required in the event that more than 15 minutes is necessary. The Court will make the final

determination of the amount of time allotted for the hearing.

LR67-18 (Trial Rule) Temporary Restraining Orders

Parties may, on motion, request a restraining order regarding a prohibition against encumbering

property or temporary possession of personal property. Said motion may or may not be granted

by the Court prior to the evidentiary hearing.

A. If requesting a protective order, which would exclude a party from the residence or any

other place and enjoining a party from any contact, pursuant to 31-15-4-1, a petition is to

be filed under 1C 34-26-5.

B. In an action for dissolution of marriage, separation, or child support, the court may issue a

Temporary Restraining Order, without hearing or security, if either party files a verified

petition alleging an injury would result to the moving party if no immediate order were

issued. See Indiana Trial Rule 65(E) and Protective Order statutes.

17

LR67-19 (Trial Rule) Termination of Counsel’s Representation

A. Unless otherwise indicated by counsel, upon the entry of a final Decree of Dissolution of

Marriage, Legal Separation or Paternity, or an order of permanent modification of any

custody, visitation and/or child support order, the representative capacity of all attorneys

appearing on behalf of any party shall be deemed terminated upon:

1. An order of withdrawal granted in accordance with the Local Rules of Practice for

the Putnam Circuit and Superior Court; or

2. The expiration of time within which an appeal of the Order may be preserved or

perfected pursuant to the Indiana Rules of Trial Procedures and/or the Indiana

Rules of Appellate Procedure; or

3. The conclusion of any appeal of the Order commenced pursuant to Indiana Rules

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

B. Attorneys shall be responsible for providing a statement in the final decree or disposition

of any pending matter that all Counsel of record are deemed to have withdrawn pursuant

to Local Rule 67-TR3.1-GEN 3 in order to authorize the Clerk to withdraw an attorney’s

appearance pursuant to this rule.

C. Counsel for initiating and responding parties shall be required to file a new appearance in

any post dissolution action.

D. The service of any post dissolution pleadings upon any party not represented by counsel

pursuant to this local rule shall be made upon that person pursuant to the Indiana Rules of

Trial Procedure.

E. Any copy served upon original counsel will be deemed to be a matter of professional

courtesy only.

LR67-20 (Adm. Rule) Attendance of Helping Children with Divorce and Paternity

Class

A. The court finds it is in the best interests of minor children of divorcing parents and minor

children involved in paternity cases to encourage conciliation and cooperation between

the parents, and that attendance of the parents at the Helping Children with Divorce class

will aid in such cooperation. Therefore, both parents in all dissolution of marriage cases

18

and paternity cases in which there are minor children shall attend the Helping Children

with Divorce and Paternity class.

B. At the time the action is filed, the Clerk of the Putnam Circuit Court shall provide the

parties with contact information to arrange the class.

C. The parties are ordered to complete the class within sixty (60) days of the initial filing of

the Dissolution / Paternity.

D. The parents shall pay the costs of the class.

E. The class must be completed prior to the hearing determining custody, and unless

otherwise ordered, the court will not conduct the final hearing or grant the Decree of

Dissolution of Marriage until the class has been completed.

F. Acceptable online programs will also satisfy this requirement

LR67-21 (Adm. Rule) Discovery Limitation

A. No party shall engage in excessive use of interrogatories, motions for production, or

requests for admissions.

B. Each party shall meet with his/her attorney prior to discovery being submitted to

opposing counsel/other party in an effort to determine what relevant information needs

to be requested.

LR67-22 (Adm. Rule) Attorney Fees

A. Preliminary attorney fees may be awarded when just cause is shown, such as no income

by one party or a large disparity in income.

B. Attorney fees may be requested at final hearing.

C. In the absence of contradictory evidence, a reasonable attorney fee for prosecution of a

post dissolution rule to show cause /contempt shall be pursuant to local rates for

preparation for and one court appearance.

LR67-23 (Adm. Rule) Decree Provisions for Minor Children cases Regarding

Parental Location

Each decree/settlement of dissolution of marriage shall contain the following provision:

19

“Neither party shall relocate the residence of any minor child of the parties without first

filing a written notice of the party's intent to relocate and serving a copy of the notice on any

other party who has been granted rights of visitation or temporary custody pursuant to Ind. Code

31-17-2.2-1 et seq., known as the ‘Relocation Statute’.” Service shall be made through any

method authorized by the Indiana Rules of Trial Procedure.

LR67-24 (Adm. Rule) Contested Custody Cases

A. No contested custody cases shall be heard until the parties certify to the court that they

have attempted A.D.R./mediation.

B. The court may grant the request for a custody evaluation by either party or on its own

motion on a case-by-case basis.

C. Initial costs shall be split pursuant to income percentages or as the judge decides upon

argument.

LR67-25 (Adm. Rule) ADR and Facilitation Procedures for Dissolution of Marriage

Matters

In addition to all other ADR procedures, Putnam County family law matters such as summary

property settlement trials, visitation modifications and disputes, support modifications or

computations of support arrearages, and college expense determinations, may be submitted to

Alternate Dispute Resolution or the Court’s Facilitation Project. Mediators may be selected by

the respective parties or by the court if the parties are unable to agree.

LR67-26 (Adm. Rule) Parenting-Time Guidelines

A. Except in unusual circumstances, contact between minor children and non-custodial

parents shall be based upon "reasonable parenting time with reasonable notice.”

“Reasonable parenting time” contemplates that parties shall take into consideration their

respective schedules, economic circumstances, and geographic locations, as well as the

schedules and activities of the minor children. "Reasonable parenting time" shall be

interpreted not to require any particular pattern of contact, but rather that pattern which

best fits the needs of the parents and the children at that specific time.

20

B. Except when otherwise ordered by the Court, parenting time shall be as set forth in the

Indiana Supreme Court Parenting Time Guidelines as adopted by Putnam County.

C. Each Settlement Agreement shall contain language similar to, “each party has received

and read a copy of the Indiana Supreme Court Parenting Time Guidelines as Adopted by

Putnam County.”

D. It is the respective counsel’s responsibility to provide a copy to the client. Unrepresented

parties shall have to certify to the court that he/she has read the Guidelines either in print

or online. Counsel, or unrepresented parties, submitting such a form of order or decree

are encouraged to reduce the number of pages required to reproduce the Guidelines by

using, smaller type, so long as the resulting document remains legible. Using both sides

of each page upon which the Guidelines are printed is also encouraged.

E. The Courts of Putnam County collectively acknowledge that the parenting time

guidelines may be changed from time to time. Those Guidelines, which are in effect at

the time the custody visitation order is entered, shall govern the conduct of the parties

until modified through order of the appropriate court.

Local Rule 27-31 Relating to the Indiana Rules of Criminal Procedure

LR67-27 (Crim. Pro.) Criminal Rule 4 Notice

It shall be the sole responsibility of the Prosecutor’s office to inform the Court of any Defendant

being held in custody pending trial of any C.R. 4-time limitation no less than 20 days prior to the

expiration of the time limitation so the court may immediately set a trial date. Failure to notice

the court shall result in defendant being released and/or discharged, chargeable to the State.

LR67-28 (Crim. Pro.) Discovery

The Court shall issue its standard Discovery Order when defense counsel is appointed or enters

his/her appearance. At the first Pretrial Conference, scheduled by Court pursuant to statute, the

prosecutor who is assigned to/handling the case and the defense attorney shall indicate to Court

what discovery has yet to be provided and the estimated time of compliance. Failure to inform

opposing counsel of inability to produce promised discovery, or motion to extend time for

21

discovery compliance shall subject violating party to sanctions including exclusion of evidence

and monetary or imprisonment for contempt.

LR67-29 (Crim. Pro.) Preliminary Criminal Pretrial Conferences

At the initial hearing, unless otherwise ordered, all criminal cases will be set for a preliminary

pretrial conference. This conference shall be held approximately 45-60 days after the initial

hearing pursuant to statute. The preliminary pretrial conference will be conducted with the

prosecutor and defense counsel and the defendant present in court. Matters to be addressed at the

preliminary pretrial conference include compliance with any previously issued discovery orders,

outstanding discovery issues, witness and exhibit lists, possible plea agreements, setting of the

final pretrial/plea cut-off date and jury trial date.

LR67-30 (Crim. Pro.) Final Pretrial Conferences

At the Final Pretrial Conference, the parties shall indicate to the Court if the case is going to be

dismissed, pled, or tried. All tendered plea agreements shall be reduced to writing prior to the

hearing. If parties indicate they are requesting the matter be tried, the parties shall file their

respective exhibit lists, witness list, any pre-trial motions, and proposed preliminary and final

instructions no later than ten days prior to trial. If any additional evidence/witnesses are first

disclosed at this date, then the presumption shall be that the evidence/witness shall be excluded,

unless good cause shown. Court shall not accept plea agreement after this conference.

LR67-31 (Crim. Pro.) Bond Schedule and Conditions of Posting Bond

A. Bond Schedule

1. No Bond. Unless otherwise ordered by the court, individuals arrested and taken

into custody will not be allowed to post bond prior to initial hearing for:

a. all felony sex crimes,

b. probation violations,

c. domestic battery,

d. battery on a child,

22

e. sexual battery,

f. battery causing serious bodily injury,

g. invasion of privacy,

h. felony intimidation and

i. felony driving while intoxicated.

2. Murder and Felony. The initial Bond Schedule prior to court appearance is:

a. Murder: none,

b. Level 1 Felony: $40,000 cash

c. Level 2 Felony: $30,000 cash

d. Level 3 Felony: $20,000 cash

e. Level 4 Felony: $20,000 cash

f. Level 5 Felony: $10,000 cash

3. Level 6 Felony: $10,000 cash Misdemeanors.

a. A misdemeanors – if Putnam County resident, $500.00 cash or $3,000.00

surety; if non-resident of Putnam County, $800.00 cash or $5,000.00

surety.

b. B and C misdemeanors – if Putnam County resident, own recognizance,

if non-residents, $500.00 cash or $3,000.00 surety. Except operating a

vehicle with a BAC of .08 or Operating with a Controlled Substance, then

follow A misdemeanor schedule.

4. Exception. If the Sheriff, Chief Deputy or Jail Commander has good cause to

believe an offender has severe medical problems, is at risk regarding his/her own

health or of others at the jail, is not unlikely to fail to appear, and there is no Judge

available to approve release, the above-named officers may approve the release

upon written promise to appear and summons for initial hearing is provided to

offender.

5. Forty-Eight Hour Rule. There must be a judicial determination of probable cause to

hold the offender beyond forty-eight hours of his/her arrest in the absence of a court

issued warrant or writ for his/her arrest. It is the responsibility of the arresting officer

or his/her agency to contact the judge on duty to secure the probable cause hold.

23

B. No Contact and No Violent Contact as a Condition of Bond on Crimes of Violence

Unless otherwise ordered by the judge, it shall be a condition of pretrial release and bond

for any individual arrested for a felony offense involving either violence against an

individual or a threat of violence against an individual, including but not limited to

domestic violence, that the person bonding be prohibited from having any contact

whatsoever, directly or indirectly, with the alleged victim of the crime and that the person

bonding be prohibited from possessing any firearms or deadly weapons.

C. Time for Posting Bond Unless otherwise ordered by the judge, or reasonably required

by the Putnam County Sheriff, individuals shall be entitled to post bond as soon as

practical following arrest and processing except:

1. Individuals who are Under Any Influence of Alcohol, Drugs, or Controlled

Substances. In accordance with state statutes and the policy of the Putnam

County Sheriff, any individual reasonably believed to be under any influence of

alcohol, drugs or controlled substances when arrested may be detained without

bond until he or she is no longer under such influence.

2. Family Violence. Anyone arrested for an offense involving family violence (as

defined in I.C. 34-6-234.5 to include attempting, threatening or causing physical

harm to another family or household member, placing a family or household

member in fear of physical harm, or causing a family or household member to

involuntarily engage in sexual activity by force, threat of force, or duress) shall

not be allowed to post bond until the initial hearing. The court finds this cooling

off period is needed because of the unique nature of family violence, which often

involves high emotions between individuals who live in close physical proximity.

D. Special Conditions of Bond

These standard conditions restricting contact between an accused and an alleged victim in

crimes of violence are subject to review on an individual basis at the initial hearing or at

any other time necessary.

1. Felony Crimes of Violence or No Contact Order Unless otherwise ordered by

the court, it shall be a condition of bond/bail for any felony offense involving

violence or a threat of violence, including but not limited to domestic violence,

that the accused have no contact, directly or indirectly, with the alleged victim

24

pursuant to the terms of the attached Local Rule. The Sheriff shall be responsible

for serving a copy of the Local Rule on the accused prior to release.

E. Misdemeanor Crimes of Violence or No Violent Contact Order Unless otherwise

ordered by the court, it shall be a condition of bond/bail for any misdemeanor offense

involving violence or a threat of violence, including but not limited to domestic violence,

that the accused have no violent contact, directly or indirectly, with the alleged victim

pursuant to the terms of the attached Local Rule. The Sheriff shall be responsible for

serving the Local Rule on the accused prior to release. The no contact order may be

modified as the statutory provisions are changed.

F. Bond modifications Court may modify original bond after pretrial services report is filed

and/or initial hearing is conducted.

G. Bonds issued by a judge take precedence over the bond schedule.

H. Dismissal If case/count is dismissed by State (including successful pretrial deferments),

State is required to file a proposed expungement order contemporaneously with

dismissal.

Local Rule 32 Relating to the Indiana Jury Rules

LR6732 (Indiana Jury Rules) Notice of Selection for Jury Pool;

Summons for Jury Service

A. The Putnam Circuit and Superior Court shall utilize a single tier system for mailing

notice and summons to prospective jurors as referenced in Jury Rule 4(a). Each year

when names of prospective jurors are drawn from the jury pool, the jury administrator

shall simultaneously send to those prospective jurors whose names have been drawn

notice of the period of their possible jury service, a jury qualification form, and a

summons.

B. The notice, qualification form and summons shall be mailed not later than ten (10) days

after the date the prospective jurors’ names were drawn from the jury pool and at least six

(6) weeks before jury service.

25

Local Rules 33-34 Relating to the Indiana Administrative Rules

LR67-33 (Adm. Rule) Court Reporter Services

Section One. Definitions. For purposes of this local rule, the following definitions shall apply:

(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.

(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 limited to, telephones, computer hardware, software programs, disks,

tapes and any other device 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.

(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 work week. Depending on the particular court, these hours may vary

from court to court and county to county, but remain the same for each work week.

(7) Comp hours worked means those hours worked that are in excess of the regular hours

worked of thirty-five (35) hours per work week.

(8) 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.

(9) Court means the particular court for which the court reporter performs services.

(10) 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.

26

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

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

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

that is paid for by a private party.

Section Two. Court Reporter 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,

comp hours.

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

indigent transcript shall be Four Dollars and Fifty Cents ($4.50); the court reporter shall

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

transcripts.

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

indigent transcript shall be Four Dollars and Fifty Cents ($4.50).

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

transcript shall be Five Dollars ($5.00), plus the actual cost of paper used at a per page

cost.

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

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

Supreme Court Office of Court Administration. The reporting shall be made on forms

prescribed by the Office of Court Administration.

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 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 a 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 the equipment, workspace and supplies;

The method by which records are to be kept for the use of equipment, work space

and supplies; and

27

b. 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.

(Amended effective July 1, 2017)

LR67-34 (Adm. Rule) Removal of Files

No court files may be removed from the Courthouse by any attorney or employee or agent of any

attorney. The files may be signed for and examined in the Courthouse, or in the law library, after

having duly been authorized through the office of the Clerk or the Circuit or Superior Court.

Local Rules 35 through 45 Relating to Probate and Guardianship Procedures

LR67-35 (Probate) Notice

Whenever notice by publication and/or written notice by U.S. Mail is required to be given, the

attorney shall prepare such notice and ensure that the notice is properly published and/or served as

required by statute or Supreme Court Rule. It shall be the attorney’s responsibility to ascertain and

provide adequate proof of notice prior to bringing a matter to the Court.

LR07-36 (Probate) Bond

To facilitate the Court’s determination of the amount of bond to be required in any estate or

guardianship, all petitions to open an estate or guardianship shall set forth the probable assets of the

estate and the value of such assets, including the value of all personal property plus the estimated

annual rents and profits to be derived from the property in the estate or guardianship. In certain

circumstances, at the discretion of the court, bond may be set even if the testator expressed an

intention that bond may be waived.

28

LR67-PR00-37 (Probate) Inventory

An inventory shall be filed by the fiduciary in all estates (within 60 days of opening)

and guardianships (within 90 days of hearing).

LR67-PR00-38 (Probate) Real Estate

In supervised estates and guardianships in which real estate is to be sold, a written appraisal

shall accompany the petition.

LR67-PR00-39 (Probate) Accountings/Failure to close estate within one (1) year

A. Whenever an estate cannot be closed within one (1) year, an intermediate account shall be

filed with the Court within thirty (30) days after the expiration of one (1) year and each

succeeding six (6) months thereafter. Such accounting shall comply with the requirements of

I.C. 29-1-16-4 and 29-1-16-6 and shall:

1. State facts showing why the estate cannot be closed and an estimated date of closing;

and

2. Propose partial distribution of the estate to the extent that partial distribution can be

made without prejudice to distributees and claimants.

3. In order to minimize the number of open estates before the Court, failure to

comply with this rule will require, without exception, attorney and personal

representative to appear in person to explain why the estate is not closed.

LR67-PR00-40 (Probate) Sale of Assets

In supervised estates and guardianships, all petitions to sell personal property shall be

accompanied by an appraisal unless the sale is to be conducted by public auction or unless the value

is readily ascertainable such as stocks/bonds/other publicly traded investments.

LR67-PR00-41 (Probate) Fees of Attorneys and Fiduciary

A. No fees for fiduciaries or attorneys shall be paid out of any supervised estate or

guardianship without prior written order of the Court. Absent exceptional circumstances,

29

no attorney or fiduciary fees will be determined and authorized for payment by the Court

in any unsupervised estate. Unless otherwise ordered by the Court, the fees awarded to

fiduciaries and attorneys in supervised estates shall be just and reasonable pursuant to

I.C. 29-1-10-13. Factors to consider include, but not limited to

1. Attorney’s knowledge and expertise,

2. generally accepted fee ranges within the community,

3. the complexity of the case,

4. hours spent on the case and

5. other factors that may come up from time to time. It is advisable that a fee

agreement be entered into early into the case, which agreement can be modified

when extraordinary services are needed.

B. Miscellaneous Extraordinary Services Miscellaneous and extraordinary services

should be billed at a reasonable rate. Attorneys are required to notify the Court of the

hourly or other rate of compensation and the services provided when requesting fees

in excess of the schedule listed above. Miscellaneous or extraordinary services will

vary but may include sale of personal property, sale of real property, partial

distribution, defending a will, construing a will, contesting claims, adjusting tax

matters, any contested hearing, petition for instructions, heirship determination,

generating additional income for the estate, etc.

C. Personal Representative Fees

1. Professional: An applicable reasonable rate will be established in each case

considering all circumstances.

2. Non-professional: An amount not in excess of one-half (1/2) of the attorney’s

fee.

3. Attorney: When an attorney also serves as the Personal Representative, an

additional amount not in excess of one-third (1/3) of the attorney fee may be

allowed, provided the attorney has performed additional services normally

performed by the Personal Representative and the assets of the estate warrant

the allowance of additional fees.

Limitation on Total Fees Absent truly exceptional circumstances, the combined total of all fees

allowed to the Personal Representative and the attorney for the administration

30

LR67-42 (Probate) Closing Estate

The final accounting and closure of the estate action shall not be approved until the attorney and

the personal representative verify that all assets have been collected and all chargeable debts

have been paid.

LR67-43 (Probate) Presence of Alleged Incapacitated Person at

Guardianship Hearing

In all guardianship matters seeking to declare an adult incapacitated for any reason, the

allegedly incapacitated person shall be present at the hearing or sufficient evidence shall be

presented showing that the incapacitated person is unable to appear and verified by doctor’s

statement or caregiver.

LR67-44 (Probate) Annual Reports

In all guardianships, an annual report shall be prepared and filed with the court by the guardian

or the attorney. Forms are available at the Circuit Court.

LR67-45 (Probate) Unsupervised Estates

No Petition for an Unsupervised Estate shall be granted unless all heirs consent to its filing. The

personal representative shall prepare an inventory for inspection as in a supervised estate.

LR67-46 (Adm. Rule) Substance Abuse Program Schedule of Fees

Fees are determined by the Court and the Type of Services Rendered. Such fees change from

time-to-time as Vendors offer different types of testing.

SERVICE FEES

Evaluation Only $150.00

Assessment with referral and/or case management $270.00

Probation, PTD or PTR supervision

PRIME for Life 8 or 12 hour Information $130.00

31

Advantage Counseling 20 hour Advanced Education $150.00

Urine/Oral Drug Testing $ 20.00

Transfer Fee- In-state $75.00

Transfer Fee- Out-of-state $150.00

PRIME for Life Outside Referral $180.00

(Amended effective February 1, 2020)

LR67-47 (Adm. Rule) Court Building Security

Pursuant to the inherent power of the Courts to provide for the orderly operation of the Courts

and for the safety of litigants, witnesses, court staff, and the public, the judges of the Putnam

Circuit and Superior Courts (“the Courts”) enter the following orders

A. Everyone entering the Putnam County Courthouse and any other location where a judicial

officer of any of the Courts maintains an office or conducts court proceedings

(collectively “the courtroom buildings”), must consent to a search of their person,

including any package, briefcase, or purse.

B. If a courtroom building has more than one entrance/exit, the Courts may designate one or

more of the entrances/exits to be used only for restricted purposes, as the Courts deem to

be appropriate.

C. Unless exempt under Paragraph 6, below, everyone entering a courtroom building is

prohibited from having any of the following in their possession when in the courtroom

building:

1. body armor as defined by I.C. § 35-31.5-2-28 & I.C. § 35-47-5-13(a)

2. a bomb as defined by I.C. § 35-31.5-2-31

3. a Chinese throwing star as defined by I.C. § 35-31.5-2-41 & I.C. § 35-47- 5-12

4. a dangerous device as defined by I.C. § 35-31.5-2-82 & I.C. § 35-47-6- 1.1(a)

5. a dangerous gas as defined by I.C. § 35-31.5-2-83

6. a deadly weapon as defined by I.C. § 35-31.5-2-86

7. a destructive device as defined by I.C. § 35-31.5-2-92 & I.C. § 35-47.5-2-4

8. a detonator as defined by I.C. § 35-31.5-2-93 & I.C. § 35-47.5-2-5

9. an electronic stun weapon as defined by I.C. § 35-47-8-1

32

10. an explosive as defined by I.C. § 35-31.5-2-125 & I.C. § 35-47.5-2-7

11. a firearm as defined by I.C. § 35-31.5-2-133, I.C. § 35-47-1-5, & I.C. § 35- 47-15-

1

12. a handgun as defined by I.C. § 35-31.5-2-148 & I.C. § 35-47-1-6

13. a knife as defined by I.C. § 35-31.5-2-180 & I.C. § 35-47-5-2.5(a) and (b)

14. a stun gun as defined by I.C. § 35-31.5-2-112 & I.C. § 35-47-8-1

15. a taser as defined by I.C. § 35-31.5-2-324 & I.C. § 35-47-8-3

16. a tear gas device such as Mace® or pepper spray

17. and any other material that, in the manner in which it is used, could ordinarily be

used or is intended to be used and is readily capable of causing serious bodily

injury (as defined by I.C. § 35-31.5-2-292) as determined by the Putnam County

Sheriff’s Officers and as approved by any of the judges of the Courts.

D. Anyone refusing to comply with this Order is to be denied entrance to the courtroom

buildings.

E. Anyone violating this Order may be found to be:

1. in direct contempt of court under I.C. § 34-47-2, if the violation occurs in the

presence of a judicial officer; or

2. in indirect contempt of court under I.C. § 34-47-3, if the violation is willful and

occurs out of the presence of a judicial officer.

F. The following individuals are exempt from this order:

1. Any law enforcement officer appearing at any of the courtroom buildings on

official duty is exempt. The term “law enforcement officer” is defined in I.C. §

35-31.5-2-185 as follows:

a. a police officer (including a correctional police officer), sheriff, constable,

marshal, prosecuting attorney, special prosecuting attorney, special deputy

prosecuting attorney, the securities commissioner, or the inspector general,

b. a deputy of the people listed in Paragraph 6(a)(1),

c. an investigator for a prosecuting attorney or for the inspector general,

d. a conservation officer,

e. an enforcement officer of the alcohol and tobacco commission, and

33

f. an enforcement officer of the securities division of the office of the

Secretary of State.

g. Any federal enforcement officer as defined in I.C. § 35-31.5-2-129 is a

“law enforcement officer”. This includes a Federal Bureau of Investigation

special agent, a United States Marshals Service marshal or deputy, a

United States Secret Service special agent, a United States Fish and

Wildlife Service special agent, a United States Drug Enforcement Agency

agent, a Bureau of Alcohol, Tobacco, Firearms and Explosives agent, a

United States Forest Service law enforcement officer, a United States

Department of Defense police officer or criminal investigator, a United

States Customs Service agent, a United States Postal Service investigator,

a National Park Service law enforcement commissioned ranger, a United

States Department of Agriculture–Office of Inspector General special

agent, a United States Citizenship and Immigration Services special agent,

and any individual who is an employee of a federal agency and is

authorized to make arrests and carry a firearm in the performance of the

individual’s official duties;

h. Indiana Department of Correction Officers,

i. Community Correction officers,

j. judicial officers,

k. probation officers,

l. employees of the courtroom buildings, who carry chemical spray devices

for personal protection are also exempt, and

m. any other person authorized by at least three (3) full-time judicial officers

of the Courts shall be exempt until at least three (3) full-time judicial

officers of the Courts withdraw the exemption. The judicial officers are to

provide the Putnam County Sheriff with a copy of the authorization and/or

the withdrawal of the authorization for the exemption to be valid.

G. Any person listed in Paragraph 6 SHALL NOT BE EXEMPT whenever they or any

member of their family is a party to any proceeding taking place. This does not include

appearing in the individual’s official capacity.

34

H. The statutes cited above may change from time to time. This local court rule shall

automatically refer to the relevant statutes in effect at any given time.

LR67-48 (Adm. Rule) Evidence Handling, Retention, and Disposal

A. In all cases, the Court shall proceed pursuant to these Rules unless the Court directs a

longer retention period after motion by any party or on its own motion.

B. Civil Cases, Including Adoption, Paternity, and Juvenile Proceedings.

1. All models, diagrams, documents, or material admitted in evidence or pertaining

to the case placed in the custody of the court reporter as exhibits shall be taken

away by the parties offering them in evidence, except as otherwise ordered by the

Court, four (4) months after the case is decided unless an appeal is taken. If an

appeal is taken, all such exhibits shall be retained by the court reporter for two (2)

years from termination of the appeal, retrial, or subsequent appeal and

termination, whichever is later. The Court will destroy or otherwise dispose of

items not removed by the parties within a reasonable time of the notice. The Court

or the parties may substitute photographs for the actual exhibits if approved by the

Court. The court reporter shall retain the mechanical or electronic records or

tapes, shorthand or stenographic notes as provided in Indiana Administrative Rule

7.

C. Retention Periods for Evidence Introduced in Criminal Misdemeanor, and Level 3,

4, 5, and 6 Felonies.

1. Unless otherwise agreed to by the parties, and except for deoxyribonucleic acid

(DNA) evidence, all models, diagrams, documents, or material admitted in

evidence or pertaining to the case placed in the custody of the court reporter as

exhibits shall be taken away by the parties offering them in evidence except as

otherwise ordered by the Court, 180 days after the case is dismissed or the

defendant is found not guilty. If the defendant is sentenced, unless an appeal is

taken, exhibits shall be taken away after two (2) years. If an appeal is taken, all

such exhibits shall be retained by the court reporter for two (2) years from

termination of the appeal, retrial, or subsequent appeal and termination,

whichever is later, unless an action challenging the conviction or sentence, or

35

post-conviction action, is pending. The Court will notify the parties at their last

known address, including last known email address, when the items need to be

removed. The Court will destroy or otherwise dispose of items not removed by

the parties within a reasonable time of the notice. The Court or the parties may

substitute photographs for the actual exhibits if approved by the Court. The court

reporter shall retain the mechanical or electronic records or tapes, shorthand or

stenographic notes as provided in Indiana Administrative Rule 7.

D. Retention Periods for Evidence Introduced in Criminal Level 1 and 2 Felonies.

1. Unless otherwise agreed to by the parties, and except for deoxyribonucleic acid

(DNA) evidence, all models, diagrams, documents, or material admitted in

evidence or pertaining to the case placed in the custody of the court reporter as

exhibits shall be taken away by the parties offering them in evidence, except as

otherwise ordered by the Court, one (1) year after the case is dismissed or the

defendant found not guilty. If the defendant is sentenced, unless an appeal is taken

they shall be taken away after ten (10) years. If an appeal is taken, all such

exhibits shall be retained by the court reporter for ten (10) years from termination

of the appeal, retrial, or subsequent appeal and termination, whichever is later,

unless an action challenging the conviction or sentence, or post-conviction action,

is pending. The Court will notify the parties at their last known address, including

last known email address, when the items need to be removed. The Court will

destroy or otherwise dispose of items not removed by the parties within a

reasonable time of the notice. The Court or the parties may substitute photographs

for the actual exhibits if approved by the Court. The court reporter shall retain the

mechanical or electronic records or tapes, shorthand or stenographic notes as

provided in Indiana Administrative Rule 7. The court reporter will either scan or

photograph as much evidence as possible and remind parties of the requirements

of Appellate Rule 29(B).

E. Murder

Except for deoxyribonucleic acid (DNA) evidence, all models, diagrams, documents, or

material admitted in evidence or pertaining to the case placed in the custody of the court

reporter as exhibits shall be taken away by the parties offering them in evidence, except

36

as otherwise ordered by the Court, 2 years after the case is dismissed or the defendant is

found not guilty. If the defendant is sentenced, the exhibits shall be taken away after

fifty (50) years. If an appeal is taken, all such exhibits shall be retained by the court

reporter for fifty (50) years from termination of the appeal, retrial, or subsequent appeal

and termination, whichever is later, unless an action challenging the conviction or

sentence, or post-conviction action, is pending. The Court will notify the parties at their

last known address when the items need to be removed. The Court will destroy or

otherwise dispose of items not removed by the parties within a reasonable time of the

notice. The Court or the parties may substitute photographs for the actual exhibits if

approved by the Court. The court reporter shall retain the mechanical or electronic

records or tapes, shorthand or stenographic notes as provided in Indiana Administrative

Rule 7. The Court may photograph as much evidence as possible and remind parties of

the requirements of Appellate Rule 29(B).

F. Non-documentary and Oversized Exhibits. Non-documentary and oversized exhibits

shall not be sent to the Appellate level Court, but shall remain in the custody of the trial

court during the appeal and shall be disposed of pursuant to the preceding rules. Such

exhibits shall be briefly identified in the Transcript where they were admitted into

evidence. Photographs of any exhibit may be included in the volume of documentary

exhibits. Under no circumstances should drugs, currency, or other dangerous or valuable

items be included in appellate records.

G. Notification and Disposition.

In all cases, the Court shall provide notice, by last known mail or email address, to all

attorneys of record and to parties if unrepresented by counsel, that the evidence will be

destroyed by a date certain if not retrieved before that date. Counsel and parties have the

duty to keep the Court informed of their current addresses and notice to the last current

address or email address shall be sufficient. Counsel’s last known address or email

address shall be ascertained by reference to the Indiana Roll of Attorneys maintained by

the Indiana Supreme Court. Court reporters should maintain a log of retained evidence

and scheduled disposition date and evidence shall be held in a secure area. At the time of

removal, the party receiving and removing the evidence shall give a detailed receipt to

the court reporter, and the receipt will be made part of the court file. In all cases, the

37

Court, or the sheriff on the Court’s order, should dispose of evidence that is not retaken

after notice. The sheriff may destroy evidence if its’ possession is illegal or if it has

negligible value. The sheriff should auction evidence of some value with proceeds going

to the county general fund.

38