Ind. County Local Rule: vermillion-local-rules

VERMILLION CIRCUIT COURT

LOCAL RULES

(April 28, 2025)

INDEX

LOCAL RULE 1 LR 83-TR 5-1 Filing by Facsimile Transmission

LOCAL RULE 2 LR 83-TR 79(H)-2 Special Judges, Pursuant to TR 79(H)

LOCAL RULE 3 LR 83-AR 21-3 Special Judges, Pursuant to AR 21

LOCAL RULE 4 LR 83 –JR04-4 Summoning Jurors

LOCAL RULE 5 LR 83-AR00-5 Caseload Management Plan

LOCAL RULE 6 LR 83-AR00-6 Rules for Evidence Handling, Retention and

Disposition

LOCAL RULE 7 LR 83-AR 15-7 Court Reporters

LOCAL RULE 1

LR 83-TR 5-1 Filing by Facsimile Transmission

The Clerk of the Vermillion County Circuit Court is hereby authorized and directed to

accept filings of pleadings by electronic facsimile transmission in all cases pending

before such Court, if received in compliance with Administrative Rule 12 of the Indiana

Supreme Court and the requirements hereinafter specified:

1. Cover Sheet: Any pleading or proposed Order sent to the Clerk for filing or

execution, pursuant to this rule, shall be accompanied by a cover sheet. The

cover sheet shall:

a. identify the sending party and its voice and facsimile telephone

numbers;

b. state the title of the pleading or proposed Order being sent, the number

of pages, the case number to which the pleading or Order applies, and

provide any necessary instructions for filing; and

c. contain the signature of the attorney or pro se party authorizing the

filing.

2. Limitation on Length of Pleadings: The Clerk shall not accept any pleading

for filing under this rule greater than nine (9) pages in length. Multiple

pleadings or documents per transmission will be accepted as long as the total

number of pages received, including the cover sheet, does not exceed ten (10)

pages.

3. Date of Filing: Pleadings received by the Clerk, pursuant to this rule, shall be

filed of record on the date received, if they are produced in the Clerk’s Office

between 8:00 a.m. and 4:00 p.m., Monday through Friday. Pleadings received at

any other time of day or other days of the week, holidays, or other days the

Clerk’s Office is closed shall be shown filed of record on the next normal

business day such office is open.

4. Copies for Service and Proposed Orders: In the event a pleading is received

for filing, which is required to be served upon the adverse party, other than per

Trial Rule 5, or which requires the execution of an Order, the filer need only

transmit a single copy to the Clerk. The Clerk shall produce duplicate copies for

service.

5. Telephone Numbers for Filings: Fax filings shall be transmitted to the Clerk’s

Office by using the following number: 1-765-492- 5351.

6. Retention of Original Pleading: The sending party shall retain the original

pleading for the duration of the cause of action or litigation. The Clerk shall not

file or accept the original of a faxed pleading. Any such original presented to the

Clerk or Court may be destroyed.

7. Response to Fax: The Clerk or Court may return by fax any response or order

to the sending party of a fax.

8. Fee for Filing by Fax: There shall be a fee of $1.00 per page, not to exceed

$10.00 for each transmission. Parties who are not required to pay a filing fee,

Court appointed attorneys, and guardian ad litems are exempt from this

requirement. Failure to timely pay the fees may result in the pleading being

dismissed and other additional sanctions.

LOCAL RULE 2

LR 83-TR 79(H)-2 Appointment of Special Judges, Pursuant to TR 79(H)

A. In the event it becomes necessary to appoint a special judge in a civil proceeding under

Trial Rule 79(H) in the Vermillion Circuit Court, the case shall be reassigned as set

forth below.

B. Pursuant to Trial Rule 79(H), after consulting with the other Judges within the 11th

Administrative District established in Administrative Rule 3(A); having considered the

effective use of all judicial resources within such Administrative District; and having

considered the accessibility of those Judges who are eligible for appointment as a

Special Judge pursuant to Trial Rule 79(J); the following Judges shall comprise the list

for such appointments, and shall be selected on a rotating basis:

Judge of the Fountain Circuit Court,

Judge of the Montgomery Circuit Court,

Judge of the Montgomery Superior Court 1,

Judge of the Montgomery Superior Court 2,

Judge of the Parke Circuit Court,

Judge of the Warren Circuit Court, and

a Senior Judge approved to serve by the Vermillion Circuit Court.

C. In the event that no Judge is eligible to serve as a Special Judge or the particular

circumstances of the case warrant selection of a Special Judge by the Indiana Supreme

Court, such case shall be certified to the Indiana Supreme Court for the appointment of

a Special Judge.

D. After a Special Judge is selected, the caption of all pleadings filed thereafter shall

designate “Special Judge ___________” immediately below the cause number.

E. A copy of each pleading or each paper filed with the Court after a Special Judge has

been appointed shall be filed with the Special Judge by the counsel or litigant with

service indicated on the certificate of service.

(Amended effective April 28, 2025)

LOCAL RULE 3

LR 83-AR-21-3 Appointment of Special Judges, Pursuant to AR 21

In the event it becomes necessary to appoint a special judge in a criminal proceeding

under AR 21 in the Vermillion Circuit Court on a Felony or Misdemeanor case, the case

shall be assigned as follows:

Judge of the Fountain Circuit Court,

Judge of the Parke Circuit Court,

Judge of the Warren Circuit Court,

Judge of the Vigo Superior Court 1,

Judge of the Vigo Superior Court 2,

Judge of the Vigo Circuit Court/Superior Court 3,

Judge of the Vigo Superior Court 4,

Judge of the Vigo Superior Court 5,

Judge of the Vigo Superior Court 6,

Magistrate of the Vigo Circuit Court,

Judge of the Montgomery Circuit Court,

Judge of the Montgomery Superior Court 1, and

Judge of the Montgomery Superior Court 2.

or any Senior Judge approved to serve by the Vermillion Circuit Court. In the event no

Judge is available for assignment or reassignment of a Felony or Misdemeanor case, such

case shall be sent to the Indiana Supreme Court for the appointment of a Special Judge.

In the event the Judge presiding in a Felony or Misdemeanor case concludes that the

unique circumstances presented in such proceeding require the appointment by the

Indiana Supreme Court of a Special Judge, the Presiding Judge may request the Indiana

Supreme Court for such appointment.

(Amended effective April 28, 2025)

LOCAL RULE 4

LR 83 –JR04-4 Summoning Jurors

A two-tier notice for summoning jurors will be used. A jury qualification form and notice

will be the first tier and summoning the prospective juror at least one week before service

will be the second tier.

LOCAL RULE 5

LR 83-AR00-5 Caseload Management Plan

As the only Court of record in Vermillion County, the Vermillion Circuit Court will

handle all cases filed in the Vermillion County Clerk’s Office.

LOCAL RULE 6

LR 83-AR00-6 Rules for Evidence Handling, Retention and Disposition

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.

RETENTION PERIOD FOR EVIDENCE INTRODUCED IN CIVIL CASES

a) Civil Cases, Including Adoption, Paternity and Juvenile 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 into 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.

RETENTION PERIOD FOR EVIDENCE INTRODUCED IN CRIMINAL

MISDEMEANOR, CLASS D/LEVEL 6 AND CLASS C/LEVEL 5 FELONIES AND

ATTEMPTS

b) Misdemeanors, Class D/Level 6 and Class C/Level 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, 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.

RETENTION PERIOD FOR EVIDENCE INTRODUCED IN CRIMINAL CLASS

B/LEVELS 3 AND 4 AND CLASS A/LEVELS 1 AND 2 FELONIES, MURDER AND

ATTEMPTS

c) Class B/Levels 3 and 4 and Class A/Levels 1 and 2 Felonies, Murder 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.

d) 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. 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.

e) Notification and Disposition. In all cases, the Court shall provide actual notice,

by mail, 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 the 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 and the receipt will be made a part of the Court file.

In all cases, evidence which is not retaken after notice should be disposed of by

the Sheriff on the Court’s order. The Sheriff should be ordered to destroy

evidence if its possession is illegal or if it has negligible value. Evidence of some

value should be auctioned by the Sheriff with proceeds going to the county

general fund.

f) 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 can consider the issue and rule appropriately before

trial. A party can show contaminated evidence or pass photographs of it to the

juror, but no such evidence, however contained, shall be handled or passed to

jurors or sent to the jury room.

(Amended effective April 28, 2025)

LOCAL RULE 7

LR 83-AR 15-7 Court Reporters

1. Definitions: All definitions set forth in Administrative Rule 15 of the Indiana Supreme

Court are adopted for the purposes of this Rule.

2. Salary: The Court Reporter shall be paid an annual salary for time spent working under

the control, direction, and direct supervision of the Court during any regular work hours,

gap hours, or overtime hours.

3. County Indigent Work (Transcripts for litigant declared indigent): A maximum per

page fee for County indigent transcripts shall be set at $4.50 per page, plus an additional

labor charge at the hourly rate of $20.00 per hour for time spent binding the transcript

and the exhibit binders may be charged. The Court Reporter shall submit a claim directly

to the County for the preparation of the County indigent transcript. A minimum fee of per

transcript may be charged.

4. State Indigent Work (Transcripts for litigant declared indigent): A maximum per

page fee for State indigent transcripts shall be set at $4.50 per page, plus an additional

labor charge at the hourly rate of $20.00 per hour for time spent binding the transcript

and the exhibit binders may be charged. The Court Reporter shall submit a claim directly

to the State for the preparation of the State indigent transcript. A minimum fee of per

transcript may be charged.

5. Private Transcripts (Transcripts paid for by a Private Party): A maximum per page

fee for private transcript work shall be set at $4.50 per page, plus an additional labor

charge at the hourly rate of $20.00 per hour for time spent binding the transcript and the

exhibit binders may be charged. A maximum per page fee for copies of transcript shall be

set at $2.00 per page. If the Court Reporter is requested to prepare an expedited

transcript, the maximum per page fee shall be: $7.50 per page, where the transcript must

be prepared within 24 hours or less; and $6.00 per page, where the transcript must be

prepared within three (3) working days.

6. Payment Arrangements of Private Party Ordering Transcript: The party requesting

the transcript must pay 100% of the projected cost.

7. Annual Report: The Court Reporter shall report on an annual basis to the Office of

Judicial Administration on forms prescribed by the Office of Judicial Administration, all

transcript fees (either county, indigent, state indigent, or private) received by the Court

Reporter.

8. Depositions: The Court Reporter shall not engage in private practice through recording

of a deposition and/or preparing of a deposition transcript by the use of the Court’s

equipment, work space, or supplies. If the Court Reporter elects to engage in private

practice through recording of a deposition and/or preparing of a deposition transcript, the

Court Reporter shall do so using the Reporter’s own equipment, supplies, and work

space, and any and all of such private practice shall be conducted outside the regular

working hours of the Court on the Reporter’s own time.

9. Transcripts: All transcript preparation, required by law to be prepared by the Court

Reporter, shall be prepared during regular business hours, when possible, but not until all

other duties necessary for operation of the Court are completed. In the event the Court

Reporter prepares county indigent, or state indigent transcripts or private transcripts, and

the same involves gap and/or overtime hours, the Court and the Reporter shall enter into a

written agreement, outlining the manner in which the Reporter is to be compensated for

such gap and overtime hours. Either compensation shall be paid for gap hours at the

hourly rate, and overtime hours paid one and one half (1 1/2) times the hourly rate, or one

(1) hour of compensatory time off for each gap hour worked, and one and one half (1 1/2)

hour compensatory time off each hour of overtime worked.

(Amended effective April 28, 2025)