Ind. County Local Rule: union-local-rules

UNION CIRCUIT COURT

LOCAL RULES

Pursuant to Trial Rule 81, of the Indiana Rules of Trial Procedure, the Union Circuit

Court adopts the following rules to govern the procedure and practice of cases in Union

County unless otherwise provided by law or rules of the Supreme Court of Indiana.

These rules are promulgated in accordance with TR 81(D), as an exception to the

schedule established by the Division of State Court Administration.

All Local Rules of the Court, previously adopted, are hereby repealed.

LR81-CR00-1. CRIMINAL PROCEDURE

(1) RELEASE FROM CUSTODY – PROMISE TO APPEAR

(a) A person arrested and incarcerated without a warrant should be released

from custody within forty-eight (48) hours of arrest unless a judicial

determination of probable cause for arrest has been obtained or

extraordinary circumstances exists which prohibit the holding of a hearing

on probable cause within forty-eight (48) hours.

(b) A person arrested and incarcerated shall be permitted to post bail

consistent with the Court’s bail schedule unless otherwise ordered or

communicated to the Sheriff by the Judge.

(c) Prior to release of a person pursuant to the 48 hour rule or upon posting

bail, the person must complete a verified promise to appear, on a form

approved by the Court, indicating his/her permanent address, home and

work telephone numbers, and social security number and promise to

appear in the Court at the time designated by the Sheriff. A copy of the

Promise to Appear shall be provided to the arrested person and to the

Court. The Sheriff shall fax a copy of the Promise to Appear to the Court

within twenty-four (24) hours of the arrested person’s release.

(2) APPOINTED COUNSEL

(a) A defendant who is financially unable to obtain counsel is entitled to

appointed counsel, except in misdemeanor cases where the prosecution is

not seeking a sentence of incarceration. The determination of indigency

will usually occur at the initial hearing.

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(b) In such cases where a public defender shall be appointed, the Court will

first seek to appoint the contracted attorney. The contracted attorney is an

attorney who has a contract with the Union Circuit Court to accept

appointed misdemeanor and felony cases subject to his/her contract. In

the event the contracted attorney is unable or unwilling to accept a case,

pursuant to his/her contract, or due to a conflict of interest pursuant to the

Rules of Professional Conduct, the Court will then seek to appoint an

attorney from a list of attorneys who have notified the Court that they

would consider accepting pauper cases.

(c) An attorney who has been appointed under this Rule, shall submit an

itemized claim for reimbursement for services rendered at a rate of $70.00

per hour upon disposition of the case. Disposition for the purpose of this

Rule is defined as dismissal, acquittal, or if the person is convicted, after

sentencing hearing is completed.

(d) In cases where the defendant has posted bond, the court appointed lawyer

shall advise the Court at a sentencing hearing the number of hours he/she

has worked on the particular case.

(e) In cases where depositions have taken place, the court appointed lawyer

shall forward all court reporting fees/invoices to the Court for payment.

(f) At the time of the initial hearing, a defendant for whom counsel is not

appointed or for whom counsel has not entered an appearance, the case

will be scheduled for an attorney review hearing and the defendant shall

be ordered to appear. If an attorney files a written appearance with the

Court prior to the attorney review hearing, neither the defendant nor the

attorney shall be required to appear for said hearing.

(g) The Court may order a person for whom a public defender has been

appointed to perform community service during a period of pre-trial

release to compensate the county for the value of services.

(3) APPEARANCE OF COUNSEL

(a) Any attorney representing a defendant shall appear for such a defendant

immediately upon being retained or appointed by signing and filing a

written appearance containing the attorney’s name, attorney number,

address, telephone number, and a statement indicating whether counsel

will accept service by fax. A copy of this appearance shall be served on

the prosecuting attorney.

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(b) The Prosecuting Attorney of Union County may have a standing

appearance form filed with the Clerk of Union Circuit Court which shall

be deemed of record and applicable in all pending criminal cases, save and

except when an individual appearance form is filed by the State of Indiana

in a given case.

(4) PRE-TRIAL CONFERENCE

(a) A pre-trial conference will be scheduled at the initial hearing and

otherwise at the Court’s discretion. A representative of the prosecutor’s

office, defense counsel and the defendant shall appear at all pre-trial

conferences unless other arrangements are approved by the Court in

advance. Failure of the defendant to appear may result in revocation of

bond, an increase in bail, and/or the issuance of a warrant. An attorney

representing a defendant incarcerated at the time of the pre-trial

conference shall meet with the defendant in jail prior to the pre-trial

conference. The incarcerated defendant will not be transported to the

Court for the pre-trial conference unless otherwise ordered by the Court.

LR81-CR00-2. AUTOMATIC CRIMINAL DISCOVERY RULES

(1) GENERAL PROVISIONS

(a) Upon the entry of an appearance by an attorney for the Defendant, the

State shall disclose and furnish all relevant items and information under

this Rule to the Defendant within thirty (30) days from the date of

appearance, subject to Constitutional limitations and such other limitation

as the Court may specifically provide by separate order, and the Defendant

shall disclose and furnish all relevant items and information under this

Rule to the State within ten (10) days after the State’s disclosure.

(b) No written motion is required, except:

(i) To compel compliance under this rule;

(ii) For additional discovery not covered under this rule;

(iii) For a protective order seeking exemption from the provisions of this

rule; or

(iv) For an extension of time to comply with this rule.

(c) Although each side has a right to full discovery under the terms of this

rule, each side has a corresponding duty to seek out the discovery. Failure

to do so may result in the waiver of the right to full discovery under this

rule.

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(2) STATE DISCLOSURES

(a) The State shall disclose the following materials and information within its

possession or control:

i. The names and last known addresses of persons whom the State

intends to call as witnesses along with copies of their relevant

written and recorded statements;

ii. Any written, oral, or recorded statements made by the accused or

by a co-defendant, and a list of witnesses to the making of

statements;

iii. Any reports or statements or experts, made in connection with the

particular case, including results of physical or mental

examinations and of scientific tests, experiments or comparisons;

iv. Any books, papers, documents, photographs, or tangible objects

that the Prosecuting Attorney intends to use in the hearing or trial

or which were obtained from or belong to the accused; and

v. Any record of prior criminal convictions that may be used for

impeachment of the persons whom the State intends to call as

witnesses at any hearing or trial.

(b) The State shall disclose to the Defendant(s) any material or information

within its possession or control that tends to negate the guilt of the

accused as to the offenses charged or would tend to reduce the punishment

for such offenses.

(3) DEFENDANT DISCLOSURES

(a) Defendant’s counsel (or Defendant where Defendant is proceeding pro se)

shall furnish to the State with the following material and information

within his or her possession or control:

i. The names and last known addresses of persons whom the

Defendant intends to call as witnesses along with copies of their

relevant written and recorded statements;

ii. Any books, papers, documents, photographs, or tangible objects

that the Defendant intends to use as evidence at any hearing or

trial;

iii. Any medical, scientific, or expert witness evaluations, statements,

reports, or testimony which may be used at any trial or hearing;

iv. Any defense, procedural or substantive, which the Defendant

intends to make at any hearing or trial; and

v. Any record or prior criminal convictions known to the Defendant

or defense counsel that may be used for impeachment of the

persons whom the defense intends to call at any hearing or trial.

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(4) SPECIFIED DISCLOSURES

(a) Upon a showing of good cause, the Court may at any time order that

specified disclosures be restricted or deferred, or make such order as is

appropriate.

(5) FAILURE TO COMPLY

(a) If, at any time during the course of the proceedings, it is brought to the

attention of the Court that a party has failed to comply with an applicable

discovery rule or an order issued pursuant thereto, the Court may order

such party to permit the discovery of material and information not

previously disclosed, grant a continuance, or enter such other order as it

deems just, under the circumstances.

(b) Discovery, after request is made, and pursuant to this rule, shall be

completed, insofar as possible, five days prior to pre-trial conference with

counsel, as scheduled, without formal order of the Court.

(c) Willful violation by counsel of an applicable discovery rule or an order

issued pursuant thereto may subject counsel to appropriate sanctions by

the Court.

(d) Objections to any request for discovery shall be filled with the Court

within ten days after request or motion for discovery is made.

(6) DUTY TO SUPPLEMENT RESPONSES

(a) The State and the Defendant are under a continuing duty to supplement

the discovery disclosure required hereunder as required upon the

acquisition of additional information or materials otherwise required to be

disclosed hereunder. Supplementation of disclosures shall be made within

a reasonable time after the obligation to supplement arises.

LR81-CR00-3. BAIL

(1) SETTING BAIL

(a) The Court will set the amount of bail that the accused shall be required to

post. Warrant arrests shall include the amount of bail on the face of the

warrant. Prosecution requests for arrest warrants shall include the

prosecution’s recommendation regarding bail amount and the reasons

therefor. Where charges are filed subsequent to arrest, the probable cause

affidavit or oral probable cause submission shall include the prosecution’s

position as to the appropriate bail.

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(b) Filed motions for re-determination of bail will be given scheduling

priority by the Court.

(2) BAIL SCHEDULE

(a) The following is the Court’s bail schedule if not otherwise set by the

Court:

Murder No bond

Level 1 Felony Set by Court

Level 2 Felony $25,000.00

Level 3 and 4 Felonies $10,000.00

Level 5 and 6 Felonies $5,000.00

Class A Misdemeanor $2,500.00

Class B Misdemeanor $1,500.00

Class C Misdemeanor $1,000.00

(b) The above amounts shall be increased by 100% if the defendant is

presently admitted to bail in any Court awaiting final disposition of a

pending criminal case.

(c) In lieu of a full corporate surety bond, the Court will permit a 10% cash

bond to be paid to the Clerk, which will be returned to the person posting

the bond if the defendant appears for all proceedings, and upon the

payment of all restitution, pauper attorney fees, fines, costs, and fees.

(d) In cases of alleged child abuse, molestations, battery, sexual battery and

domestic battery, as a condition of bond, the Defendant shall not (1) enter

the property or home where the alleged victim(s) lives or (2) attempt to

contact the alleged victim(s) in any manner. Should the defendant

encounter (any of) the alleged victim(s) by chance, the Defendant is

hereby ordered to make a reasonable effort to avoid contact with the

allege victim(s). Any law enforcement officer who has probable cause to

believe that this restriction has been violated shall have the authority to re-

arrest the Defendant and hold him/her until a bond hearing may be held.

(e) A copy of this Bond Schedule will accompany the appearance bond for

the Defendant of the alleged criminal offense.

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LR81-CP13-4. SPECIAL JUDGE IN CRIMINAL CASES

In the event it becomes necessary to reassign a felony or misdemeanor case pursuant to

Criminal Rule 12 or in the event of any type of recusal or disqualification, reassignment

of a case to another judge shall be assigned in consecutive order from the following list of

judges:

Presiding Judge, Wayne Superior Court I

Presiding Judge, Wayne Superior Court II

Presiding Judge, Wayne Superior Court III

Presiding Judge, Wayne Circuit Court

Presiding Judge, Fayette Circuit Court

Presiding Judge, Fayette Superior Court

Presiding Judge, Rush Circuit Court

Presiding Judge, Rush Superior Court

The Union County Clerk shall maintain a separate Criminal Special Judge list, in the

order of rotation as set forth in this rule, from which the regular sitting judge can

determine the appropriate appointment in criminal cases.

LR81-TR79-5. SPECIAL JUDGE IN CIVIL CASES

In the event a special judge selected pursuant to Rule 79(D), (E), or (F) does not accept

the case, a special judge shall be designated by the Clerk of the Union Circuit Court in

sequence from the following list of judges:

Presiding Judge, Wayne Superior Court I

Presiding Judge, Wayne Superior Court II

Presiding Judge, Wayne Circuit Court

Presiding Judge, Fayette Circuit Court

Presiding Judge, Fayette Superior Court

Presiding Judge, Rush Circuit Court

Presiding Judge, Rush Superior Court

The Clerk shall maintain such records as necessary to assure that selections are rotated in

the above sequence.

In the event a judge ceases to serve as judge, the Clerk shall substitute the name of his or

her successor in the above rotation.

LR81-AR01(E)-6. UNION COUNTY CASELOAD MANAGEMENT PLAN

As the only Court of record in Union County, the Union Circuit Court will handle all

cases filed in the Union County Clerk’s Office.

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LR81-AR01 (E)-7. WAYNE-UNION COUNTY CASELOAD EQUALIZATION

PLAN

The Honorable Matthew R. Cox, Judge of Union Circuit Court, is assigned to sit as Judge

on cases filed in the Wayne Circuit, Superior No. 1, Superior No. 2, and Superior No. 3

courts in order to attempt to equalize the caseloads among the courts in Wayne and Union

counties. Judge Cox shall be available approximately one (1) day per week to preside in

those cases assigned to him within such courts.

In furtherance of the goal of caseload equalization, Judge Cox will be placed in the

Wayne County random computer case-filing system as to all civil plenary (CP), civil tort

(CT), miscellaneous (MI), domestic relations (DR), guardianship (GU), and estate (ES)

causes filed in the Wayne County Court system.

Judge Cox will be assigned cases on a pre-determined allotment among those types of

cases set forth above in order that the caseloads, as assigned by type of cause, among the

courts within Wayne and Union counties are as close to equal as possible. The weighted

caseload study will be utilized in determining the exact number and type of cases over

which Judge Cox will preside.

As set forth in the District Nine Plan, the Judges of the Wayne and Union counties shall

meet every six (6) months to review this Rule and to make any adjustments that may be

necessary to better accomplish equalization.

LR81-AR15-8. COURT REPORTERS (As approved by Order of the Indiana Supreme

Court on April 1, 2008).

(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 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.

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(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 within the county but remain the same for each work

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 work week.

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

hours per work week.

(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 Union 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 that is paid for by a private party.

SECTION TWO. SALARIES, GAP TIME AND OVERTIME PAY

(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

fixed 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 $4.00; 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 $4.00.

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

a private transcript shall be $4.00.

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

received for the preparation of either county indigent, state indigent, or private transcripts

to the Indiana Supreme Court Division of State Court Administration. The reporting

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

(6) If an expedited transcript is requested (within 30 days), the court reporter may

charge an additional fee per page for the typing of said transcript.

(7) A minimum fee may be charged up to $35.00 per transcript.

(8) A copy charge of $1.00 per page may be charged for any copies made.

(9) An additional labor charge of $14.00 per hour (which approximates the

hourly rate based upon the court reporter’s annual court compensation) may be charged

for the time spent binding the transcript and the exhibit binders.

(10) A reasonable charge for the office supplies required and utilized for the

preparation, binding and electronic transmission of the transcript may be charged as

designated in the Schedule of Supplies.

SECTION THREE. PRIVATE PRACTICE

This section is not applicable—not involved in private practice.

LR81-TR00-9. CASE MANAGEMENT CONFERENCE

(1) MANDATORY CASE MANAGEMENT CONFERENCE

(a) A case management conference shall be required in all personal

injury and medical malpractice actions.

(2) DISCRETIONARY CASE MANAGEMENT CONFERENCE

(a) A case management conference may be ordered upon the filing of

a motion by any party or on the court’s own motion.

(3) CONFERENCE PROCEDURE

(a) Within one hundred twenty (120) days of the filing of a Complaint

in those cases where a case management conference is mandatory,

or within thirty (30) days after otherwise being ordered to

participate in a case management conference, the Plaintiff shall

arrange a meeting of all parties for the following purposes:

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i. List of Witnesses. Exchange lists of witnesses known to

have knowledge of the facts supporting the pleadings. The

parties shall thereafter be under a continuing obligation to

advise opposing parties of other witnesses as they become

known.

ii. Documents. Exchange all documents which are

contemplated to be used in support of the pleadings.

Documents later shown to have been reasonably available

to a party and not exchanged may be subject to exclusion at

the time of trial.

iii. Other Evidence. Exchange any other evidence reasonably

available to obviate the filing of unnecessary discovery

motions.

iv. Settlement. Discuss settlement of the action.

v. Discovery Schedule. Agree upon a preliminary schedule

for all discovery.

vi. Complicated Case. Discuss whether the action is

sufficiently complicated so that additional conferences may

be required.

(4) CASE MANAGEMENT ORDER

(a) Within ten (10) days after meeting, those attending are to file a

Joint Case Management Order setting forth:

i. The likelihood of mediation and settlement;

ii. A detailed schedule of discovery for each party;

iii. A limitation on the time to join additional parties and to

amend the pleadings;

iv. A limitation on the time to file all pre-trial motions;

v. Any other matters which the parties want to address; and

vi. A preliminary estimate of the time required for trial.

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