Ind. County Local Rule: tipton-local-rules

TIPTON COUNTY CIRCUIT COURT

LOCAL COURT RULES

TABLE OF CONTENTS

LR80-TR79-1 APPOINTMENT OF SPECIAL JUDGE IN CIVIL CASES

LR80-CR2.2-2 ASSIGNMENT OF CRIMINAL CASES

LR80-AR15-3 COURT REPORTERS AND PROCEDURES

LR80-JR4-4 JURY SYSTEM

LR80-TR05-5 CERTIFICATION OF COMPLIANCE OF PLEADINGS

WITH TRIAL RULE 5(G)

LR80-AR00-1 RULES FOR EVIDENCE HANDLING, RETENTION, AND

DISPOSITION

LR80-TR79-1

COORDINATED LOCAL RULE OF THE TIPTON CIRCUIT COURT,

ENACTED IN COMPLIANCE WITH T.R. 79 (H)

209.10 Pursuant to Trial Rule 79(H) of the Indiana Rules of Trial Procedure, the Circuit Court of

Tipton, in conjunction with the other Judges of Administrative District 12, i.e., Boone County,

Clinton County, and Hamilton County, Indiana, have adopted the following rule to establish

procedures for the selection of special judges in civil and juvenile proceedings. Said rule, as

approved by the Supreme Court of Indiana, is as follows:

209.20 Within seven (7) days of the notation in the Chronological Case Summary of an order

granting a change of judge or an order of disqualification, the parties pursuant to Trial Rule

79(D) may agree to any judge eligible under Trial Rule 79(J.)

209.30 If a special judge is required to be selected under Trial Rule 79(H) then the special judge

shall be selected as follows:

209.30.10 If the case was originally filed in a court of record in Hamilton County, then

the judge will be selected randomly from among the regular judges and full-time judicial officers

of Hamilton County subject to all existing local rules regarding case allocation and transfer.

209.30.20 If the case was originally filed in a court of record in Boone, Clinton, or Tipton

County, then the judge will be selected on a rotating basis from among the regular judges of

those counties subject to all local rules in each individual county regarding case allocation and

transfer.

209.30.30 If for any reason a judge cannot be selected by the above methods then the

special judge shall be selected on a rotating basis from among all the regular judges of the

district not already disqualified.

209.40 A special judge selected under 209.30 must accept jurisdiction unless disqualified

pursuant to The Code of Judicial Conduct or excused from service by the Indiana Supreme

Court. The Administrator of Courts for Hamilton County shall maintain a list of the judges

eligible for selection under 209.30.20 and a list of the judges eligible for selection under

209.30.30 and shall be contacted by the selecting court each time a judge must be selected from

one of those lists. The Administrator of Courts shall provide the name of the next judge on the

appropriate list upon a request from the selecting court and then strike the name of the judge

selected from that list. The judge selected in this manner shall not be eligible to be selected again

from the same list until all other judges have been selected from that list except as required to

avoid certification to the Supreme Court.

209.50 In the event that no judicial officer within Administrative District 12 is eligible to serve

as special judge or the particular circumstance of the case warrants selection of a special judge

by the Indiana Supreme Court, the judge of the Court in which the case is pending shall certify

the matter to the Indiana Supreme Court for appointment of a special judge.

(Effective February 1, 1997; amended April 1, 2013)

LR80-CR2.2-2

ASSIGNMENT OF CRIMINAL CASES

All felony and most misdemeanor cases are filed in the Tipton County Circuit Court

which is the only court of general jurisdiction in the 36th Judicial Circuit.

In the event the regular presiding judge of the Tipton Circuit Court finds it necessary to

recuse himself from a felony or misdemeanor proceeding for any reason, the case shall be

assigned to one of the following judges from Administrative District 12:

1. Judge of the Clinton Circuit Court

2. Judge of the Hamilton Circuit Court

3. Judge of the Clinton Superior Court 1

4. Judge of the Hamilton Superior Court 1

5. Judge of the Hamilton Superior Court 2

6. Judge of the Hamilton Superior Court 3

7. Judge of the Hamilton Superior Court 4

8. Judge of the Hamilton Superior Court 5

9. Judge of the Hamilton Superior Court 6.

Assignments shall be in consecutive order from the above list.

In the event an assignment is made only to be followed by a dismissal upon the State’s

motion, that the same judge shall remain as the assigned judge for any charges filed against the

same defendant for six (6) months subsequent to dismissal.

In the event no judge is able to serve, or the case presents a unique set of circumstances

which preclude assignment under this rule, the Indiana Supreme Court will be requested to

appoint a special judge for the case.

(Effective January 1, 2003; amended April 1, 2013)

LR80-AR15-3

COURT REPORTERS AND PROCEDURES

Definitions:

1. A Court Reporter is a person who is specifically designated by a court to perform 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 device used for recording and storing, and transcribing electronic data.

3. Workspace means the 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 a 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. Tipton County required work hours are 36 per week.

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 week.

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

week.

9. Workweek means a seven (7) consecutive day week that consistently begins and ends on

the same days throughout the years, 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 a group of courts, i.e. County Courts.

11. Court 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

that is paid for by a private party.

THE COURT FINDS AND ADOPTS the following:

A. A Court Reporter shall be permitted to type transcripts of official court proceedings

during county-compensated hours. Court equipment and supplies shall be used for the

recording and / or preparation of such transcripts. If the recording or preparation of such

transcripts requires overtime, such Court Reporter will be either paid overtime or given

compensatory time.

1. A Court Reporter shall be paid an annual salary for time spent working under the

control, direction, and direct supervision of the court during all regular work hours,

gap hours, or overtime hours.

2. The amount of the annual salary of each Court Reporter shall be set by the court

subject to the approval of the Tipton County Council.

3. The annual salary paid to the Court Report shall be for a fixed schedule 36 regular

working hours per week.

4. The Court Reporter shall, if requested or ordered, prepare any transcript during

regular working hours.

5. In the event the preparation of a transcript could not be completed during regular

working hours, a Court Reporter shall be entitled to additional compensation beyond

regular salary under the two options set forth below:

(a) (1) Gap hours shall be paid in the amount equal to the hourly rate of the

annual salary; and

(2) Overtime hours shall be paid in the amount of one and one-half (1 ½)

times the hourly rate of the annual salary; or

(b) (1) Compensatory time off from regular work hours shall be given in the

amount equal to the number of gap hours worked; and

(2) Compensatory time off from regular work hours shall be given in the

amount of one and one-half (1 ½) times the number of overtime hours

worked.

6. The court and each Court Reporter may freely negotiate between themselves as to

which of the two options may be utilized and the court and Court Reporter shall enter

into a written agreement designating the terms of such agreement.

7. A Court Reporter may charge $3.25 per page for county and state indigent transcripts.

A Court Reporter shall submit directly to the county a claim for preparation of county

indigent transcripts.

B. Court Reporter may, at the request of another Official Court Reporter, agree to prepare

court proceedings of another court. Such preparation shall not be done on county-compensated hours, but county equipment and supplies may be used.

C. In addition, a Court Reporter may do private recording of preparation of depositions, but

a Court Reporter shall not do any recordings or preparation of private depositions during

county-compensated hours, and County equipment and supplies shall not be used for

recording or preparation of such depositions. A Court Reporter may charge a maximum

of $3.25 per page of private transcripts.

D. A Court Reporter may charge a maximum of Three Dollars and Twenty-five Cents

($3.25) per page for a transcript prepared for a private party.

E. The Court Reporter shall report on an annual basis to the State Court Administrator all

transcript fees, whether county indigent, state indigent, or private received by the Court

Reporter.

F. Modification of this policy may be made to meet the security, scheduling, or unique

needs of a particular case. Any modification shall be by written order of the court.

An individual requesting modification of this policy should provide the court a factual

and / or legal basis for such request and specifically set forth what items are being requested.

(Effective June 1, 1998)

LR80-JR4-4

JURY SYSTEM

Pursuant to Indiana Jury Rule 4, the Court adopts the two-tier notice and summons

procedure. The jury qualification form will be sent first, and the jury summons will be sent to the

prospective jurors at least one week before service.

LR80-TR-05-5

CERTIFICATION OF COMPLIANCE OF PLEADINGS WITH TRIAL RULE 5(G)

All pleadings filed by a party shall contain a verification certifying that the pleading

complies with the filing requirements of Trial Rule 5(G) applicable to information excluded from

the public record under Administrative Rule 9(G.)

A certification in substantially the following language shall be sufficient:

I / We hereby certify that the foregoing document complies with the requirements of Trial

Rule 5(G) with regard to information excluded from the public record under Administrative Rule

9 (G.)

__________________________________________

(Signed by party or counsel of record)

(Effective February 1, 2005)

LR80–AR00-1

RULES FOR EVIDENCE HANDLING, RETENTION and DISPOSITION

Retention Periods for Evidence Introduced in All Non-criminal Proceedings.

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

stenographic notes as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and

parties are reminded of the requirements of Appellate Rule 29.

Retention Periods for Evidence Introduced in Criminal Misdemeanor, Level 6 Felonies,

and Attempts.

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, three (3) years after the case

is dismissed, the defendant found not guilty, or the defendant is sentenced, unless an appeal is

taken. If an appeal is taken, all such exhibits shall be retained by the court reporter for three (3)

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

stenographic notes as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and

parties are reminded of the requirements of Appellate Rule 29.

Retention Periods of Evidence Introduced in Level 1 – 5 Felonies and Attempts.

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, twenty (20) years after the

case is dismissed, the defendant found not guilty, or the defendant is sentenced, unless an appeal

is taken. If an appeal is taken, all such exhibits shall be retained by the court reporter for twenty

(20) 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 reporter shall retain the mechanical or electronic records or tapes, shorthand, or

stenographic notes as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and

parties are reminded of the requirements of Appellate Rule 29.

Retention Periods for Evidence Introduced in Murder, Life without Parole, and Death

Penalty Cases.

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, twenty (20) years after the

case is dismissed, the defendant found not guilty, or the defendant is sentenced, unless an appeal

is taken. If an appeal is taken, all such exhibits shall be retained by the court reporter for twenty

(20) 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 reporter shall retain the mechanical or electronic records or tapes, shorthand, or

stenographic notes as provided in Administrative Rule 7.

Courts should be encouraged to photograph as much evidence as possible, and courts and

parties are reminded of the requirements of Appellate Rule 29.

Non-documentary and Oversized Exhibits.

Non-documentary and oversized exhibits shall not be sent to the appellate level courts but

shall remain in the custody of the trial court or trial court administrative agency during the

appeal. Such exhibits shall be briefly identified in the transcript where they were admitted into

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

Biologically Contaminated Evidence.

A party who offers biologically contaminated evidence must file a pretrial notice with the

trial court and serve all the parties so that the court may consider the issue and rule appropriately

before trial. A party may show contaminated evidence or pass photographs of it to jurors, but no

such evidence, however contaminated, shall be handled or passed to jurors or sent to the jury

room.

Notification and Disposition.

In all cases, the court shall provide actual notice, by mail (including email), to all

attorneys of record and to parties only 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 shall be

sufficient. Court reporters should maintain a log of retained evidence and scheduled disposition

date, and evidence should be held in a secure area. At the time of removal, a detailed receipt

shall be given to the court reporter by the party receiving and removing the evidence. The receipt

will be made part of the court file.

Evidence which is not taken back after notice should be disposed of by Court staff,

however, the Sheriff should be ordered to destroy evidence if its possession is illegal. Evidence

of significant value (as shall be determined by the Judge) should be auctioned by the Sheriff with

proceeds going to the county general fund.

(Effective September 1, 2023)