IN · rules
Ind. County Local Rule: vigo-local-rules
vigo-local-rules
LOCAL RULES OF PRACTICE AND PROCEDURE
VIGO CIRCUIT & SUPERIOR COURTS
TABLE OF CONTENTS
SECTION I. ORGANIZATION OF COURTS AND SCOPE OF RULES...................... 3
SECTION II. CIVIL RULES OF PROCEDURE............................................................... 3
LR84-TR3.1-1 Appearance and Withdrawal of Appearance........................................... 3
LR84-TR5-2 Bankruptcy Notice of Stay....................................................................... 4
LR84-TR6-3 Initial Enlargements of Time................................................................... 4
LR84-TR7-4 Motion Practice........................................................................................ 4
LR84-TR16-5 Pre-Trial Procedure.................................................................................. 6
LR84-TR16-6 Mediation................................................................................................. 7
LR84-TR26-7 Discovery in General............................................................................... 7
LR84-TR30-8 Depositions.............................................................................................. 8
LR84-TR32-9 Depositions of Expert.............................................................................. 8
LR84-TR33-10 Interrogatories.......................................................................................... 8
LR84-TR37-11 Motions to Compel Discovery................................................................. 9
LR84-TR40-12 Trials........................................................................................................ 9
LR84-TR51-13 Jury Instructions....................................................................................... 9
LR84-TR53.4-14 Motion to Reconsider Rulings............................................................... 10
LR84-TR53.5-15 Motions for Continuance....................................................................... 10
LR84-TR55-16 Affidavit of Debt and Attorney Fees in Default Judgments.................. 11
LR84-TR73-17 Telephonic Conference.......................................................................... 11
LR84-TR79-18 Local Reassignment Rules..................................................................... 11
SECTION III: FAMILY LAW RULES............................................................................. 13
LR84-FL00-1 Dissolution of Marriage with Minor Children....................................... 13
LR84-FL00-2 Dissolution of Marriage Mediation Workshop...................................... 13
SECTION IV: CRIMINAL RULES................................................................................... 14
LR84-CR2.1-1 Withdrawal of Appearance.................................................................... 14
LR84-CR00-2 Bail......................................................................................................... 14
LR84-CR00-3 Public Defender Fee............................................................................... 15
LR84-CR00-4 Discovery - Criminal Cases................................................................... 16
SECTION V: PROBATE RULES.................................................................................... 19
LR84-PR00-1 Pleadings and Prepared Orders.............................................................. 19
LR84-PR00-2 Conversion of Unsupervised Estates to Supervised Estates.................. 20
LR84-PR00-3 Inventory in Estates................................................................................ 20
LR84-PR00-4 Fee Guidelines for Estate Lawyer and Personal Representative........... 20
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LR84-PR00-5 Fees in Unsupervised Estates................................................................. 23
LR84-PR00-6 Wrongful Death Administration............................................................ 23
LR84-PR00-7 Guardianship Administration................................................................ 23
SECTION VI: SMALL CLAIMS...................................................................................... 23
LR84-SC00-1 Scope...................................................................................................... 23
LR84-SC00-2 General Procedures................................................................................ 24
LR84-SC00-3 Forms..................................................................................................... 24
LR84-SC00-4 Change of Judge..................................................................................... 25
LR84-SC00-5 Counterclaims outside Small Claims Jurisdiction................................. 25
LR84-SC00-6 Continuances.......................................................................................... 25
LR84-SC00-7 Dismissal of Actions.............................................................................. 25
LR84-SC00-8 Default.................................................................................................... 26
LR84-SC00-9 Attorney Fees......................................................................................... 26
LR84-SC00-10 Judgment for Possession of Real Estate or Personal Property............... 27
LR84-SC00-11 Release of Judgment.............................................................................. 27
LR84-SC00-12 Proceeding Supplemental....................................................................... 28
LR84-SC00-13 Bench Warrants...................................................................................... 28
LR84-SC00-14 Garnishment........................................................................................... 29
LR84-SC00-15 Bankruptcy............................................................................................. 29
LR84-SC08-16 Representation at Trial-Attorneys.......................................................... 29
LR84-SC00-17 Private Process Serving Fees................................................................. 30
SECTION VII: ADMINISTRATIVE RULES.................................................................... 31
LR84-AR00-1 Court Hours............................................................................................ 31
LR84-AR01-2 Case Assignments.................................................................................. 31
LR84-AR09-3 Confidentiality of Court Records........................................................... 39
LR84-AR11-4 Form and Style of Papers, Number of Copies, Filing and Services...... 39
LR84-AR12-5 Filing By Facsimile Transmission......................................................... 39
LR84-AR15-6 Court Reporter Services......................................................................... 40
LR84-AR00-7 Court Alcohol and Drug Program Fees................................................. 42
LR84-AR00-8 Problem Solving Court Fees................................................................. 42
LR84-AR00-9 Court Building Security......................................................................... 44
SECTION I. ORGANIZATION OF COURTS AND SCOPE OF RULES
1. The Vigo Superior Court shall be comprised of six (6) divisions as follows: Division
One, Division Two, Division Four, Division Five, Division Six and Division Three,
which also serves as the Vigo Circuit Court, Vigo Juvenile Court to which there is
appointed a Juvenile Court Magistrate, and the Vigo Magistrate to which there is
appointed a Magistrate.
2. These rules apply to procedure and administration of all the Vigo Courts except:
(1)where conflict with specific statutory provisions or the Rules of the Indiana Supreme
Court, or (2)when the Court is conducting small claims proceedings, except as provided
in LR84-TR55-16.
(Amended October 1, 2025)
SECTION II. CIVIL RULES OF PROCEDURE
LR84-TR3.1-1 Appearance and Withdrawal of Appearance
1. All pleadings shall show the name and address, telephone number, fax number and
attorney number of the individual attorney or attorneys filing the pleading. All attorneys
for a defendant or a third party shall file a written appearance for such defendant or third
party. Any pleading not signed by at least one (1) attorney appearing of record as
required by T.R.11 shall not be accepted for filing by the Clerk of the Court or, if
inadvertently accepted for filing, shall, upon discovery of such omission, be stricken from
the record. All appearance forms must be substantially in compliance with the
requirements for appearance forms as set out by the Indiana Supreme Court.
2. Counsel desiring to withdraw their appearance in any action shall file a written petition
requesting leave of Court to do so. Permission to withdraw shall be given only after the
withdrawing attorney has given his or her client ten (10) days’ written notice of the
attorney’s intention to withdraw and has filed a copy of such notice with the Court. The
notice withdrawal shall explain to the client that failure to secure new counsel may result
in dismissal of the client’s case or a default judgment may be entered against the client,
whichever is appropriate, and other pertinent information such as trial setting date or any
other hearing date. The Court will not grant a request for withdrawal of appearance
unless the request has been filed with the Court at least thirty (30) days prior to any
scheduled hearing or trial date, except for good cause shown as determined by the Court.
All withdrawals of appearance shall comply fully with the provisions of Rules of
Professional Conduct, Rule 1.16.
3. A withdrawal of appearance when accompanied by the simultaneous entry of appearance
by substitute counsel shall constitute a waiver of the requirements of Paragraph (2) of this
rule.
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4. This rule shall apply to all probate pleadings.
LR84-TR5-2 Bankruptcy Notice of Stay
Whenever any party receives an order from the Bankruptcy Court staying proceedings, it shall be
sufficient for such party to file a notice of such order with the Court. Such notice shall contain
the name of the party, the cause number in bankruptcy, and the date of the issuance of the stay.
LR84-TR6-3 Initial Enlargements of Time
In every civil action pending in this Court in which a party wishes to obtain an initial
enlargement of time not exceeding thirty (30) days within which to file a responsive pleading or
a response to a written request for discovery, the party shall contact counsel for the opposing
party and solicit opposing counsel’s agreement to the extension. In the event opposing counsel
does not object to the extension or cannot with due diligence be reached, the party requesting the
extension shall document the lack of objection by notice to opposing counsel and send a copy of
the notice to the Clerk of the Court, which notice shall be filed of record in the case. No further
filings with the Court nor action by the Court shall be required for extension.
LR84-TR7-4 Motion Practice
1. Form and Notice. Each motion shall be separate; alternative motions filed together shall
each be named in the caption on the face. When a motion requires notice, the serving of
the copy of the motion upon the other parties in the cause shall constitute notice filing
same. A movant shall file an original form of proposed order along with sufficient copies
to serve all parties of record.
2. Oral Arguments on Motions and Other Pleadings. A request for oral argument on a
motion shall be by separate instrument and timely served and filed with the brief, answer
brief, or reply brief, except as otherwise provided. Failure to file a timely request for oral
argument will constitute a waiver of oral argument. The granting of a motion for oral
argument, except as mandated by the Trial Rules Motions (e.g., summary judgment and
41(E) motions) shall be wholly discretionary with the Court. The Court, upon its own
initiative, may also direct that oral argument be had. The request for oral argument shall
set forth specifically the purpose of the request and an estimate of time reasonably
required for the Court to devote to the argument. An oral argument should not include the
presentation of evidence.
3. Enlargement of Time. An initial written motion for enlargement of time pursuant to
T.R.6(B)(1) to respond to a claim shall be automatically allowed for an additional thirty
(30) days from the original due date without a written order of the Court. Any motion
filed pursuant to this rule shall state the date when such response is due and date to which
time is enlarged. The motion must be filed on or before the original due date or this Rule
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shall be inapplicable. All subsequent motions shall be so designated and will be granted
only for good cause shown.
4. Briefs and Memoranda Regarding Motions.
A. A Motion to Dismiss under Rule 12 of the Indiana Rules of Trial Procedure, for
judgment on the pleadings, for more definite statement, to strike, or motions made
pursuant to Rule 37 of the trial rules shall be accompanied by a separate
supporting brief. Any brief or memorandum in support of any motions shall
accompany or be filed simultaneously with the motion, and a copy shall be
promptly served upon the opposing party. If the opposing party desires to file a
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.
B. Except by permission of the Court, no brief shall exceed twenty (20) 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:
i. a table of contents with page reference;
ii. a statement of issues; and
iii. a table of cases (alphabetically arranged), statutes and other authorities
cited, with reference to the pages of the brief where they are cited. If a
party relies upon a legal decision not published in North Eastern
Reporter 2d, or on a statute or regulation not found in the current
publication of the United States Code, the Indiana Code, or the Indiana
Administrative Code, then the party shall furnish the Court and all
counsel of record with a copy of the relied-upon decision, statute, or
regulation.
5. Motions to Strike or to Insert New Matter. Subject to T.R.12(F), every motion to insert
new matter or to strike out any part of any pleading in a cause shall be made in writing
and shall set forth verbatim each set of words to be inserted or stricken. Each set of words
to be inserted or stricken shall be designated in a separate specification, numbered
consecutively.
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LR84-TR16-5 Pre-Trial Procedure
In all civil tort cases on the plenary docket, after the issues have been closed on the merits and
the Court has determined jurisdiction is proper, the Court shall enter an initial pre-trial order
substantially as follows:
Court’s Initial Pre-Trial Order
Pursuant to Trial Rule 16 of the Indiana Rules of Trial Procedure, and LR84-TR16-5, the Court
enters the following initial pre-trial order:
1. The Court finds that the issues have been closed and makes a preliminary determination
that jurisdiction is proper.
2. The Court ORDERS the parties immediately to commence such discovery as may be
needed for the parties to mediate this matter.
3. The Court ORDERS each party to file and serve on all other parties a preliminary witness
and exhibit list no later than thirty (30) days after entry of this Order. Parties not
complying with this Order shall be subject to sanctions.
4. The Court ORDERS the parties to file, either jointly or separately, a pre-trial report no
later than one hundred twenty (120) days after entry of this Order. The pre-trial report
shall contain the following information:
A. A brief summary of the nature of the case(including any non-binding observations
about whether liability is contested);
B. An estimate of days required for trial;
C. An agreement, if any exists, as to the parties’ selection of mediator;
D. An estimate as to additional time needed to complete discovery necessary for
trial;
E. An amended list of witnesses and exhibits necessary for trial;
F. Any anticipated pre-trial motions, including dispositive motions (such as motions
to dismiss or for summary judgment) and anticipated trial motions such as
motions in limine);
G. A summary of any stipulations proposed (or with respect to which the parties
have agreed)
5. The pre-trial report ordered under paragraph (4) is a prerequisite to a scheduling
conference at which a trial date is assigned.
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6. Upon filing the mandatory pre-trial report, either party may request the court to schedule
a telephone conference for the determination of a trial date. The Court will then enter a
formal pre-trial order setting forth final deadlines for discovery, disclosure of
contentions, witnesses, exhibits, pre-trial motions, and such other matters as the Court
deems necessary in management of the case.
7. Nothing in this Order shall preclude the parties from accelerating discovery as
appropriate or convening mediation prior to filing a pre-trial report. A party shall not,
however, request a pre-trial conference or scheduling conference without complying with
this Order.
8. Upon showing to the Court that any party failed to exercise good faith within the
parameters of this Order, the Court shall have the authority to enforce sanctions.
LR84-TR16-6 Mediation
1. In all civil tort cases on the plenary docket where a timely demand for jury trial is made,
parties are required to complete mediation of the case no later than sixty (60) days before
the case goes to trial.
2. Mediator selection shall be governed by A.D.R. Rule 2.4. The Court shall maintain a
roster of Mediators approved by the Indiana Supreme Court Commission for Continuing
Legal Education. If the parties are unable to agree upon a mediator pursuant to A.D.R.
Rule 2.4, the parties shall submit said fact to the Court and the Court shall name a panel
of three (3) from which the parties shall strike. The party that initiated the action shall
strike first. The parties shall have ten (10) days to strike from the panel of mediators
named by the Court. In the event the parties fail to select a mediator hereunder, the Court
shall name the mediator.
3. Parties are required to have present or immediately available by telephone at the
mediation, all persons who have the authority to resolve the case. When a party has
insurance coverage that is subject to payment of any settlement or judgment that might be
had in said case, then the insurance company shall have someone present or immediately
available by telephone who has the authority to settle the case.
4. Upon showing to the Court that any party failed to exercise good faith within the
parameters of this Rule, the Court shall have the authority to enforce sanctions.
5. Notwithstanding the foregoing, a party may file a motion reciting that mediation would
be futile or non-productive, citing the reasons therefore, and requesting relief from the
requirements of this rule.
LR84-TR26-7 Discovery in General
1. Time Limit. Counsel is expected to begin discovery promptly. In all cases, discovery
shall be completed prior to the pre-trial conference unless otherwise ordered by the Court.
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Any physical or mental examination of a party pursuant to T.R. 35 must be completed no
later than sixty (60) days prior to the discovery cut-off set by the Court.
2. Extensions of Time. For good cause shown and prior to the expiration of the time within
which discovery is required to be completed, time may be extended for completion of
discovery. Motions and stipulations for additional time for completion of discovery must
set forth reasons justifying the additional time. Stipulations extending the discovery
period must be approved by the Court.
3. Filing. All discovery requests, including third-party Requests for Production under T.R.
34(C), to be served upon another party shall not be filed with the Court. The person
serving such discovery requests shall notify the Court in writing of the service of such
discovery requests and the date upon which answers are to be made.
LR84-TR30-8 Depositions
Depositions shall be governed by T.R. 30. Videotape or other mechanically reproduced tapes, as
allowed by T.R. 74, shall be admissible to the same degree as any other depositions. A transcript
of the testimony elicited in the videotape shall accompany all videotaped depositions filed with
the Court. A party may take the deposition of an expert or treating physician, timely listed on a
party’s witness list, after the cut-off of discovery if the purpose of the same is for the
presentation of the deposition at trial.
LR84-TR32-9 Depositions of Expert
The deposition of an expert or treating physician taken for the purpose of presentation of the
deposition at trial shall be admissible, if otherwise ruled to be admissible by the Court, without
the necessity of a party showing the unavailability of the expert to personally appear at trial.
LR84-TR33-10 Interrogatories
1. Form. Interrogatories shall be tailored specifically to each cause in which they are filed.
No fill-in-the-blank or photocopied forms containing interrogatories shall be filed or
served upon a party unless all interrogatories on such forms are consecutively numbered
and applicable to the case in which the same are filed and served. The intent and purpose
of this rule is to prohibit the filing of fill-in-the-blank or photocopied forms of
interrogatories except where the nature of the case or the number of the parties makes the
use of such forms necessary and feasible.
2. Answers and Objections. Answers or objections to Interrogatories under Trial Rule 33
shall set forth in full the interrogatory being answered or objected to immediately
preceding the answer or objection. Any objection to an interrogatory must clearly state in
detail the legal basis upon which it is made, or the objection will be waived.
3. Number Limited. The number of interrogatories should be kept to a reasonable limit and
should not require the answering party to make more than one hundred twenty-five (125)
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responses. For good cause shown and upon leave of Court, additional interrogatories may
be propounded if the Court found this limitation would work a manifest injustice or
would be impractical because of the complexity of the issues of the case. Interrogatories
shall be used solely for the purpose of discovery and shall not be used as a substitute for
the taking of a deposition.
LR84-TR37-11 Motions to Compel Discovery
To curtail undue delay in the administration of justice, this Court shall refuse to rule on any and
all motions for discovery and production of documents under T.R. 26 through T.R. 37, unless
moving counsel shall first advise the Court in writing that, after personal consultation and sincere
attempts to resolve differences, they are unable to reach an accord. This statement shall recite, in
addition, the date, time, and place of such conference, and the names of all parties participating
therein. If counsel for any party advises the Court in writing that opposing counsel has refused or
delayed meeting and discussion of the problems covered in this subsection, the Court may take
such actions as are appropriate to avoid delay.
The Court shall, if it finds that the party to whom the interrogatories or request were directed has
not responded within the time allowed, and that the moving party has complied with Trial Rule
26(F) and this section, order the non-responding party to respond within a period of time not less
than ten (10) days after entry of the Court's order. The Court may, upon written request and for
good cause shown, shorten or extend such time as it deems appropriate.
LR84-TR40-12 Trials
1. Setting Cases for Trial. No trial date will be set unless a pretrial report pursuant to LR84-
TR16-5 has been filed.
2. All counsel of record shall be advised promptly by the Court or Clerk of the Court as to
the date and time of trial settings, either by individual notice or by providing copies of
trial calendars, as the Court may direct.
3. When more than one (1) case is set for trial on a given trial date, the case set for second
or third shall be required to stand for trial if counsel is given fourteen (14) calendar days’
notice that the case first set has been settled.
4. The parties shall immediately notify the Court of any reasonably anticipated settlement of
a case.
LR84-TR51-13 Jury Instructions
1. All requests for instructions submitted in accordance with Trial Rule 51 shall be
submitted to the Court and exchanged with opposing counsel not later than the beginning
of trial. Any proposed instruction that is not an Indiana Pattern Jury Instruction and all
1.03 Issue instructions shall be submitted to the Court and exchanged with opposing
counsel not later than five (5) days prior to trial. Counsel shall have the right to submit
additional instructions during trial on matters which could not reasonably have been
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anticipated in advance of trial. Such requests for special instructions shall contain
citations to supporting authorities. All instructions submitted to the Court shall also either
be submitted on an electronic disk compatible with the Court's computer in order that the
Court's staff may duplicate the instructions or with an additional set of instructions
designated as Court’s Instructions without showing authority for the instruction or the
party submitting the instruction.
2. Indiana Pattern Jury Instructions shall be used where applicable.
LR84-TR53.4-14 Motion to Reconsider Rulings
A motion to reconsider a ruling of the Court on any motion must be in writing and must be
served personally upon the ruling Judge. A motion to reconsider must be filed within fifteen (15)
days of the ruling.
LR84-TR53.5-15 Motions for Continuance
Motions for Continuance are discouraged. Neither side is entitled to an automatic continuance as
a matter of right.
1. Upon verified motion, civil actions may be postponed or continued in the discretion of
the Court. The Court may award such costs as reimburse the other parties for their actual
expenses incurred from the delay. A motion for continuance shall state whether opposing
counsel objects to the motion and whether prior continuances have been requested by the
moving party. The Court may require any written Motion for Continuance to be signed
by the party requesting the continuance.
A motion to postpone a civil trial based on the absence of evidence can be made only
upon affidavit showing: the materiality of the evidence expected to be obtained; that due
diligence has been used to obtain it; where the evidence may be; and, if it is for an absent
witness, the affidavit must show the name and residence of the witness, if known, and the
probability of procuring the testimony within a reasonable time, and that his/her absence
has not been procured by the act or connivance of the party, nor by others at the party’s
request, nor with his/her knowledge or consent; and what facts the party believes to be
true, and that he/she is unable to prove such facts by any other witness whose testimony
can be as readily procured.
If the adverse party stipulates to the content of the evidence that would have been elicited
at trial from the absent document or witness, the trial shall not be postponed. In the event
of a stipulation, the parties shall have the right to contest the stipulated evidence to the
same extent as if the absent document or witness were available at trial.
2. Time for Filing. Motions for Continuance must be filed as soon after the cause for
continuance or delay is discovered by the party seeking the continuance, and no later than
fourteen (14) days before the date assigned for trial, unless the reason therefore is shown
by affidavit to have occurred within the fourteen (14) day period.
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3. Title of Motion. A Motion for Continuance, whether it is plaintiff’s or defendant’s
motion, shall denominate whether it is the First (1st), Second (2nd), Third (3rd), etc.
Motion for Continuance filed by plaintiff or defendant.
4. Dispositive Motions. The filing of a dispositive motion shall not constitute good cause for
a Motion for Continuance of a trial if the time requirements governing such motion will
not allow for the resolution of the motion prior to the date of trial.
LR84-TR55-16 Affidavit of Debt and Attorney Fees in Default Judgments
1. On all default judgments relating to commercial cases (except small claims) plaintiff or
his counsel must submit an affidavit of debt and an affidavit in support of attorney fees
requested by counsel. The affidavit for attorney’s fees shall set forth the number of hours
spent on the case and the hourly charge.
2. In small claims cases, a request for attorney fees up to $500.00 will be considered
reasonable. Any request for attorney fees over that amount must be supported by an
affidavit setting forth the number of hours spent on the case and the hourly charge.
LR84-TR73-17 Telephonic Conference
Although not favored, the Court, on its own motion or at a party's request, may direct argument
of any motion be by telephone conference. At the conclusion thereof, the Court may announce its
order orally or may take the matter under advisement; but in either event, any order issued
thereon shall be reduced to writing and a copy sent to the parties. The Court may further direct
which party should arrange and pay for the cost of the telephone calls.
LR84-TR79-18 Local Reassignment Rules
1. The Presiding Judge in Administrative District 19 shall administer reassignment of cases
pursuant to T.R. 79(H). The Presiding Judge shall be selected from the sitting Judges and
Magistrates in District 19. 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.
2. 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 a written semi-annual report to all District 19 Judges and
Magistrates no more than ten (10) days following the end of the first and third quarters 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 shall
transfer the records maintained during his or her term of service to the succeeding
Presiding Judge.
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3. Pursuant to T.R. 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 TR79 Appointment Order. When
the Presiding Judge receives a certification requiring reassignment, the Presiding Judge
shall appoint a Judge or Magistrate in the following manner:
A. 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.
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.
4. 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.
5. When a Judge or Magistrate vacates the bench and is certified as a Senior Judge, that
Judge is not required to continue to serve in all Special Judge cases in which the person
who is certified was serving as a Special Judge at the time the person left office, but upon
continuing to serve in such Special Judge assignments will receive Senior Judge credit
for such service; provided however, if the circumstances that led to the person who is
certified being appointed as a Special Judge no longer exist, and no other disqualification
exists, then the case may be returned to the regular Judge of the court where the case is
pending. In the event the Judge or Magistrate vacates the bench and is not certified as a
Senior Judge, is unavailable as indicated under Trial Rule 79 (L) or declines to continue
to serve in all Special Judge cases, then the successor Judge shall 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.
6. 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.
(Amended October 1, 2025)
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SECTION III: FAMILY LAW RULES
LR84-FL00-1 Dissolution of Marriage with Minor Children
1. Both parties in any cause of action for Dissolution of Marriage or Legal Separation, in
which there are minor children, shall attend the online parent workshop at
www.uptoparents.org. The workshop is free, and attendance is mandatory for all parties
in a Dissolution of Marriage or Legal Separation action that is filed on or after January 1,
2024, if there are unemancipated children under eighteen (18) years of age. The course
must be completed, and written commitments must be completed and filed prior to the
Final Hearing. Parties may participate in other similar-type workshops, but only with a
specific Court Order authorizing the alternate workshop.
2. The Clerk shall provide a copy of this rule to petitioner at the time of filing a petition for
dissolution of marriage.
3. Failure to complete the workshop may result in a party having to show cause why he or
she should not be held in contempt of Court.
4. The Sheriff of Vigo County shall serve a copy of this rule on the respondent when the
petition is served and shall make due return thereon.
(Amended October 1, 2025)
LR84-FL00-2 Dissolution of Marriage Mediation Workshop
1. If the petitioner and respondent, at the time of the filing of a Dissolution of Marriage
action, are proceeding without an attorney to represent them, and they have a child or
children as a result of the marriage or their relationship, they shall contact the Dispute
Resolution Center for the Wabash Valley, telephone (812) 233-4082 or email
resolvemydispute@gmail.com, to make an appointment to attend a Mediation
Consultation Workshop. The petitioner shall contact the Dispute Resolution Center
within seven (7) days of filing the Petition for Dissolution of Marriage, and the
respondent shall contact the Dispute Resolution Center within seven (7) days of receiving
notice of this rule.
2. There shall be no charge to the parties for participation in this workshop, the purpose of
which is to acquaint the parties with the process of mediation, and to assist them in
determining whether mediation could be helpful to them in identifying, addressing, and
resolving issues in their dissolution of marriage action.
3. The Clerk shall provide a copy of this rule to petitioner at the time of filing a petition for
dissolution of marriage.
4. The Sheriff of Vigo County shall serve a copy of this rule on the respondent when the
petition is served and shall make due return thereon.
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5. The Dispute Resolution Center shall make due report to the Court in which the
Dissolution of Marriage action is pending regarding the parties’ attendance and the
results of the workshop program.
SECTION IV: CRIMINAL RULES
LR84-CR2.1-1 Withdrawal of Appearance
1. Except as otherwise provided in this rule, withdrawal of representation of a defendant in
criminal cases may not be granted except upon a hearing conducted in open court on
record in the presence of the defendant. Withdrawal of appearance will be allowed
without compliance with the requirements of this rule if the reason for withdrawal is the
inability to locate and communicate with the defendant; in such an event, a warrant shall
forthwith be issued for the arrest of the defendant.
2. A hearing in open court will not be required where other counsel has entered an
appearance, the substitution of counsel will not cause a delay in the proceedings, and the
defendant has either consented to or requested the substitution of counsel in writing.
LR84-CR00-2 Bail
1. Persons arrested for a non-violent misdemeanor shall be released on their own
recognizance unless they do not reside in the State of Indiana. Except in the case of
judicial order otherwise, the Sheriff shall have the authority and discretion to detain a
person under the influence of intoxicating beverages or drugs until such time as that
person may be safely released.
2. At the time each person is released on his own recognizance, he will be required to
furnish data concerning his address, phone number, social security number, driver’s
license, employer’s name and address, and, if under twenty-one (21) years of age, his
parents' name, address, and phone number.
3. A person charged with a criminal offense (felony or misdemeanor) may post bond in the
amount shown in the bail bond schedule, which schedule shall be posted in the jail and in
the clerk’s office, in one (1) of four (4) ways:
A. Surety bond
B. Real property bond
C. Full cash bond, or
D. By depositing with the Clerk of the Court, cash in the amount of ten percent
(10%) of the bond set by the Court (unless the Court, in its discretion, prohibits
such procedures).
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4. Except as provided in Paragraph (1.), no bond may be posted without approval of a Judge
of the Superior Court. If the defendant posts bail by depositing the full cash amount, the
defendant and each person who makes the deposit on behalf of the defendant shall
execute an agreement that allows the Court to retain all or a part of the cash to pay
publicly paid costs of representation and fines, costs, fees, and restitution that the Court
may order the defendant to pay if convicted.
5. When the conditions of the bond, as provided in Paragraph (3.), have been performed and
an order is entered discharging the bond, if the bond has been posted under (3.)(D.),the
Clerk shall retain ten percent (10%) of the amount deposited or fifty dollars ($50),
whichever is the lesser amount, as an administrative fee, which money shall be paid into
the General Fund of the County. The amount retained by the Clerk as bond costs shall be
not less than Ten Dollars ($10.00). The Clerk shall also retain from the deposit such
fines, costs, fees, and restitution as ordered by the court, publicly paid costs of
representation as ordered by the court, and the five-dollar ($5) fee required by I.C.35-33-
8-3.2(d). The balance of the amount of the deposit shall be remitted to the person making
the deposit.
LR84-CR00-3 Public Defender Fee
1. If the Court finds that the public defender client is able to pay part of the cost of
representation by the assigned counsel, the court shall order the person to pay the
following:
A. For a felony action, a fee of two hundred dollars ($200.00).
B. For a misdemeanor action, a fee of one hundred dollars ($100.00).
2. If at any stage of prosecution for a felony or misdemeanor, the court makes a finding of
ability to pay the costs of reasonable representation, the court shall require payment by
the person or the person’s parent, if delinquent, of the following attorney fees in addition
to other costs assessed against the person:
A. For a Murder or Level 1 felony action, a fee not to exceed sixteen hundred dollars
($1,600.00)
B. For a Level 2 felony action, a fee not to exceed one thousand four hundred dollars
($1,400.00)
C. For a Level 3 felony action, a fee not to exceed one thousand two hundred dollars
($1,200.00)
D. For a Level 4 felony action, a fee not to exceed one thousand dollars ($1000.00)
E. For a Level 5 felony action, a fee not to exceed eight hundred dollars ($800.00)
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F. For a Level 6 felony action, a fee not to exceed six hundred dollars ($600.00)
G. For all misdemeanor actions, a fee not to exceed four hundred dollars ($400.00)
The Court will order the Clerk’s Office to withhold the reasonable attorney fee assessed by the
Court from the public defender client’s remaining bond deposit.
(Amended October 1, 2025)
LR84-CR00-4 Discovery - Criminal Cases
In all criminal cases, discovery shall be governed by this rule. The Court will not rule on any
motion for discovery if the subject matter of the motion is covered by this rule; the Court will,
however, rule on motions for discovery of specific items of evidence that are not addressed by
this rule.
1. The State shall disclose to the Defendant the following material information within its
possession or control on or before thirty (30) days following the Initial Hearing:
A. The names, last known addresses, and telephone numbers of persons whom the
State may call as witnesses, together with
i. their relevant written or recorded statements.
ii. memoranda containing substantially verbatim reports of their oral
statements (if any memoranda exist)
iii. memoranda reporting or summarizing oral statements (if such memoranda
exist),
iv. a brief statement, normally not to exceed ten words, indicating the nature
of each witness’s involvement in the case; such statements may be no
more than a reference to statements described in paragraphs (i), (ii), or (iii)
above.
B. Any written or recorded statements and the substance of any oral statements made
by the accused or by a co-defendant, and a list of witnesses to the making and
acknowledgment of such statements.
C. A transcript of the recorded grand jury testimony of persons whom the
prosecuting attorney may call as witnesses at a hearing or trial. A typed transcript
of said testimony shall be provided if it is available.
D. Any reports or statements of experts, made in connection with the particular case,
including results of physical or mental examinations and of scientific tests,
experiments, or comparisons.
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E. Any books, papers, documents, photographs, or tangible objects which the
prosecuting attorney intends to use in the hearing or trial or which were obtained
from or belong to the accused, together with the location of such items and an
indication of appropriate means for defense counsel’s examination of same.
Under circumstances where chain of custody issues are readily apparent, such as
drug cases, such chain shall be provided to the extent available on the disclosure
date provided above and shall be supplemented:
i. upon Defendant’s written request,
ii. by pre-trial conference, and
iii. thereafter, as ordered to complete such a chain.
F. Any arrest record or prior criminal convictions which may be used for
impeachment of the persons whom the State intends to call as witnesses at the
hearing or trial.
G. A copy of any written agreement and the complete substance of any oral
agreement made by the State with (a) any witnesses to secure their testimony or
(b) any co-defendant or other person charged arising out of same incident.
H. Any evidence which tends to negate the guilt of the accused as to the crime
charged or tends to reduce the class of the act alleged or which would tend to
mitigate his punishment.
I. Evidence of other crimes which the State intends to use at trial, pursuant to Rule
404, Indiana Rules of Evidence.
2. The State shall perform these obligations in any manner mutually agreeable to the
Prosecutor’s Office and to defense counsel. The State shall provide legible copies of
existing written statements described in paragraphs 1(A), 1(B), 1(C), and 1(G). Other
items shall be provided for examination, testing, copying, photographing, or other proper
use either by agreement or at specified reasonable times and places. Defense counsel
shall provide reasonable notice of such examination and shall schedule these
examinations in cooperation with the State. An application to the Court shall be made to
obtain copies of audio or videotape. Said application shall state in specific terms the
necessity for such copies. The State shall make a record of compliance with this order not
more than five (5) days after the date set out in paragraph 1 above.
3. Subject to Constitutional limitations, the defense shall disclose to the State the following
material and information within its possession or control on or before thirty (30) days
following the date that the State has provided to the defense the information required
under this rule:
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A. The names, addresses, and telephone numbers of persons whom the defendant
may call as witnesses along with (a) a summary of their testimony similar to that
described in 1(A)(iv), (b) record of prior criminal convictions, and (c) the
relationship, if any, of the witness to the defendant or any co-defendant.
B. Any books, papers, documents, photographs, or tangible objects which are
intended to be used at a hearing or trial.
C. Any reports or statements of experts, made in connection with the particular case,
including results of physical or mental examinations and of scientific tests,
experiments, or comparisons insofar as permitted by law.
A statement of defenses, procedural or substantive, that the defendant intends to make at a
hearing or trial. Such a statement shall not limit defendant’s right to file any defense defined
by statute, such as alibi, insanity, etc., where a specific timetable for notice to the State is
statutorily described.
4. The defense shall perform these obligations in any manner mutually agreeable to the
Prosecutor’s Office and to defense counsel. Defense shall provide the same documents in
a fashion similar to the State’s obligations described in paragraph 2. The defense shall
make a record of compliance with this order not more than five (5) days after the date set
out in paragraph 3 above.
5. The Court anticipates that compliance will be deemed satisfactory unless failure to
comply is brought to the Court’s attention by Motion to Compel. Sanctions for failure of
compliance or violations of orders on Motion to Compel shall be pursuant to Trial Rule
37.
6. Nothing herein shall limit any party’s right to seek protective orders to avoid destruction
or other loss of evidence, or to seek deposition at such times as they may desire.
7. The Court may deny disclosure upon showing that:
A. A substantial risk to any person of physical harm, intimidation, bribery, economic
reprisals, or unnecessary annoyance or embarrassment resulting from such
disclosure, which outweighs any usefulness of the disclosure to counsel.
B. There is a paramount interest in non-disclosure of an informant’s identity, and a
failure to disclose will not infringe the Constitutional rights of the accused.
Disclosure of the identity of witnesses to be produced at a hearing or trial will be
required.
Such determination of non-disclosure shall be made by the Court and shall not be within
the discretion of the State or defense. Such non-disclosure shall be sought by motion for
protective order.
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8. Disclosure shall not be required of:
A. Any matter otherwise protected by law (however, disclosing the identity of
juvenile co-defendants or witnesses shall not be barred because of delinquency
non-disclosure statutes).
B. Work product of counsel, including memoranda of opinions, theories, or research
for themselves or from their legal or in-house investigative staff.
9. This discovery order is a continuing order through the trial of this cause, and no written
motion shall normally be required except to compel discovery for a protective order, or
an extension of time.
10. Failure of either party to engage in and comply with discovery shall not be excused by
the parties' unsuccessful or incomplete efforts to enter into a plea agreement or other
resolution of the case unless both parties waive in writing (1) compliance with this order
for a specified period of time and (2) any speedy trial requirements.
11. Any cost for reproduction or transcripts under this order shall be borne by the party to
whom the information is provided, except that as to pauper counsel defendants, the costs
shall be borne by the State or County.
12. Depositions:
A. Unless good cause is shown, depositions of lay witnesses shall be completed not
later than two (2) weeks prior to the trial date.
B. Depositions of expert witnesses may be taken at any time.
SECTION V: PROBATE RULES
LR84-PR00-1 Pleadings and Prepared Orders
1. Unless directed otherwise by the Court, the Estate Lawyer shall prepare all proposed
Orders and provide sufficient copies to the Clerk.
2. All pleadings shall be signed by the Personal Representative and the Estate Lawyer.
3. The Estate Lawyer shall include the Court’s Instructions, in both supervised and
unsupervised estates, describing the expectations and duties of the Personal
Representative. The Court’s Instructions (see Unsupervised Instructions and Supervised
Instructions) shall be filed with the Court and include the Estate Lawyer’s and the
Personal Representative’s signature, therefore putting the Personal Representative on
notice of the duties involved.
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4. The Estate Lawyer should maintain frequent and meaningful communications with the
Personal Representative to ensure that the Personal Representative is meeting the
expectations and fulfilling the duties as required by the Court and the laws of the State of
Indiana.
LR84-PR00-2 Conversion of Unsupervised Estates to Supervised Estates
The Court shall have no involvement, other than for opening, closing, and hearing Petitions
regarding fees (if sought) in an Unsupervised Administration of a Decedent’s Estate. If the
jurisdiction of the Court is invoked for any other matter, the Administration may be converted to
a Supervised Administration upon filing a petition with the Court. The Court would then
maintain supervised oversight for the remainder of the estate’s administration.
LR84-PR00-3 Inventory in Estates
1. In all supervised estates, the personal representative shall file an inventory conforming to
the requirements of I.C. 29-1-12-1 within two (2) months of appointment.
2. In all unsupervised estates, the Personal Representative shall, within two (2) months of
appointment, either: (1) file an inventory conforming with the requirements of I.C. 29-1-
7.5-3.2(b), or (2) file a verified certification that an inventory conforming with the
requirements of I.C. 29-1-7.5-3.2 has been prepared and is available to be furnished to
distributees on request.
LR84-PR00-4 Fee Guidelines for Estate Lawyer and Personal
Representative
The Vigo County Superior Courts have adopted these fee guidelines in an effort to achieve
uniformity in determining a fair and reasonable fee in supervised estates and to ensure that
fair and reasonable fees are incurred in unsupervised estates. Every attorney and personal
representative has an obligation to request a fee that is fair and reasonable for the work
performed, taking into account relevant criteria, including the Rules of Professional Conduct
applicable to attorneys admitted to practice law in the State of Indiana. A request for fees
should not exceed the fees authorized in these guidelines unless extraordinary circumstances
exist. In those circumstances involving uncomplicated estates, fees should be less than those
listed in these guidelines. Fees must always bear a reasonable relationship to the services
rendered.
When seeking an award of fees, the Estate Lawyer and Personal Representative should
consider the following: time and labor required based upon the novelty and complexity of the
questions involved; the nature and extent of the responsibilities assumed by the Estate
Lawyer and Personal Representative and the results obtained in light of the character of the
probate and non-probate assets; the sufficiency of the assets available to pay for legal
services; and the timeliness with which necessary services are performed consistent with the
statutory requirements, local and state rules and the Indiana Rules of Professional Conduct.
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Estate Lawyers shall always discuss their fees and the fees of the Personal Representative at
the time they are retained in all probate matters.
Estate Lawyer and Personal Representative fees in supervised estates shall not exceed the
amounts calculated pursuant to Sections 1 through 4 of this rule.
1. Estate Lawyer Fees for Supervised Estate Administration: Gross estate services are
considered to normally include: probating the Will, opening the estate, qualifying the
personal representative, preparing and filing the Inventory, paying claims, collecting
assets, preparing and filing petitions, obtaining Court Orders thereon, sale of personal
property, sale of real property, partial distribution, heirship determination, preparing and
filing of Fiduciary Income Tax Return, preparing and filing all tax returns and schedules
including those for Indiana Inheritance Tax and Federal Estate Tax and paying the taxes,
preparing and filing the Final Report, obtaining Order approving same, distributing
assets, obtaining discharge of the personal representative, and preparing and serving all
notices on interested parties throughout the proceedings. The list shall not be considered
to be exclusive.
A. Gross Probate Estate Minimum Fee of $2,000.00
First $100,000.00, not to exceed 6%
Next $100,000.00, not to exceed 5%
Next $100,000.00, not to exceed 4%
Next $700,000.00, not to exceed 3%
Excess of $1,000,000.00, not to exceed 1%
B. Non-Probate Assets - For handling matters concerning non-probate assets during
the administration, the attorney representing the supervised estate may charge an
additional fee as follows:
First $100,000.00 of such assets, not to exceed 3%
Next $100,000.00, not to exceed 2%
Excess of $200,000.00 not to exceed 1%
C. Extraordinary Fee Requests - Extraordinary services may include Will contest
actions, contesting claims, other contested hearings, involved heirship
determinations, and dealing with unusual and complex matters. The attorney must
petition the Court for allowance of fees for such extraordinary services. All such
petitions will be set for hearing, with notice to all interested parties. If all
interested parties sign a waiver and consent stating they have been advised that
the additional fee request exceeds the Court’s guidelines and that the services as
detailed are extraordinary, the Court may, in its discretion, determine if a hearing
is required. Extraordinary fees shall be considered based on an hourly rate, taking
into consideration the complexity of the matter and the attorney’s probate
expertise.
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2. Petition or Request for Estate Lawyer Fees Required in Supervised Estates. No fees may
be paid without first submitting a Petition or Request for Fees, which shall include
therein a worksheet or other calculation supporting the fees requested as being in
accordance with this guideline.
3. Estate Lawyer fees in Miscellaneous Matters:
A. Death Tax Matters Only - When no estate administration is required, the
preparation and filing of a Federal Estate Tax Return, if applicable, and securing
the respective clearances thereon shall entitle the attorney to a minimum fee of
$500.00 and a maximum fee as follows:
First $500,000.00 of includable assets, not to exceed 2%
Excess of $500,000.00 of includable assets, not to exceed 1%
B. Other Miscellaneous matters such as spreading a will of record, petitioning for
lock box opening to conduct a will search, etc.
Hourly rate (Attorney’s expertise and the complexity of the matter
should be considered in determining the applicable hourly rate.)
4. Personal Representative Fees
A. Professional - Their applicable reasonable rate shall be reviewed in light of all
prevailing circumstances.
B. Non-Professional - An amount not in excess of one-half (1/2) of the attorney’s
fees.
C. Attorney as Personal Representative - The Courts discourage attorneys from
assuming the dual role of Estate Lawyer and Personal Representative in the same
estate. When the Estate Lawyer also serves as the Personal Representative, an
additional amount not in excess of one-half of the attorney's fee may be allowed,
provided:
i. The fee is reasonable in light of all circumstances; and
ii. A description of services rendered, including time spent with an hourly
rate, in support of the request is filed.
D. Extraordinary Fee Request- The Court will apply the same procedures to the
allowance and drawing of Personal Representative fees and to a Personal
Representative’s extraordinary fee request as it does to Estate Lawyer fee
requests, as outlined herein.
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LR84-PR00-5 Fees in Unsupervised Estates
No Attorney or Personal Representative fees will be determined and authorized for payment by
the Court in any Unsupervised Administration of a Decedent’s Estate unless a Petition for Fees
or objection to fees is filed with the Court. If such Petition or objection is not filed, the Court will
not determine fees in an Unsupervised Estate. Fees in Unsupervised Estates generally shall not
exceed what those fees would have been if the estate had been supervised. An Affidavit that the
fees do not exceed the schedule shall be filed with the Court at the time of the closing statement.
LR84-PR00-6 Wrongful Death Administration
The Court recognizes that, in most instances, a retainer or contingent fee agreement is an
appropriate method by which legal services can be provided in wrongful death claims. An
Affidavit from the Estate Lawyer must be filed stating that all persons (known at the time of
filing) having an interest in the potential recovery have been provided a copy of the fee
agreement. Accordingly, fees shall be allowed under such agreements if, at the time of opening
the estate or the filing of a wrongful death action, it is shown to the Court’s satisfaction:
1. That the Personal Representative was, prior to entering into such agreement, fully
informed as to all aspects of the arrangement.
2. That the agreement is fair and reasonable.
3. That the fee sought is fair and reasonable.
The administration of wrongful death claims shall be opened as a supervised estate (ES) and then
may be petitioned to be unsupervised for rare and special circumstances, which may be granted
at the Court’s discretion.
LR84-PR00-7 Guardianship Administration
Fees for the administration of guardianships shall be based on an hourly rate to be approved by
the Court for both the attorney and the guardian. The Court will consider the attorney’s and
guardian’s expertise in approving the hourly rate. In certain circumstances, for institutional
guardians, the Court may approve a different fee arrangement.
(Amended October 1, 2023)
SECTION VI: SMALL CLAIMS
LR84-SC00-1 Scope
1. Scope. These rules shall govern the procedure and practice of the Small Claims Divisions
of the Vigo Superior Courts.
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2. Citation. These rules may be cited as L.R.S.C.______. The small claims rules
promulgated by the Indiana Supreme Court are hereinafter referred to as S.C.______; and
the Indiana Rules of Trial Procedure are hereinafter referred to as T.R.______.
LR84-SC00-2 General Procedures
1. Conflict of Rules. All proceedings in the Vigo Superior Courts, Small Claims Divisions,
shall be governed by the Small Claims Rules promulgated by the Indiana Supreme Court
and the local rules set forth herein. In instances where these local rules conflict with the
rules promulgated by the Indiana Supreme Court, the latter shall control.
2. Tender of Completed Documentation and Proper Costs. Parties or their attorneys are
solely responsible for tendering to the Court in complete and correct form any documents
desired to be filed, together with proper costs, as determined by the Clerk. Neither the
Court nor the Clerk will be responsible for delays or deadlines missed due to the tender of
incomplete or incorrect documents or improper costs.
3. Copies of Motions and Orders. The original and one copy of any motion and the original
and three copies of the order (or sufficient copies to serve all parties) shall be filed.
Excess copies of motions will not be returned to the filing party. See Rule 12-6 for
proceeding supplemental filing requirements.
4. Judgment Orders. All judgment orders shall include an itemization of the amounts
claimed (e.g., principal, interest, attorney fees, collection agency fees) as well as the total
judgment not including court costs. Court costs shall be listed separately.
5. Multiple Claims with Same Defendant. A Plaintiff shall not be allowed to file multiple
cases naming the same defendant based on the same or similar transactions in order to
circumvent the monetary jurisdictional limits of the small claims court.
6. Appearance by Husband or Wife. In cases where husband and wife are parties, except for
hearings on proceeding supplemental involving garnishment or by contrary order of the
Court, appearance by a party’s spouse shall be considered the appearance of the party
upon the spouse’s representation on the record that the party and the appearing spouse are
currently married and living together.
7. Parties’ Current Address. Notice from the Court will be sent to the parties at the most
recent address contained in the Court’s file. The parties are solely responsible for
maintaining their current address in all files concerning them.
LR84-SC00-3 Forms
1. Court Forms. The court shall, from time to time, draft forms for use by the parties in
small claims actions.
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2. No Other Forms. Originals or photocopies of the forms described in S.C.L.R. 3A shall be
acceptable for filing. Any other form or photocopy thereof presented to the Clerk shall be
accepted for filing only if such form receives prior approval from the judge. In such
instances, blank forms identical to those submitted and approved shall be immediately
provided to the Clerk for future reference and comparison.
LR84-SC00-4 Change of Judge
A change of judge shall be granted as provided by statute and by T.R.76 and 78.
LR84-SC00-5 Counterclaims outside Small Claims Jurisdiction
1. Monetary Limit. A defendant who has a counterclaim in excess of the monetary
jurisdiction of the Small Claims Division and who does not wish to waive the excess of
the claim must file a motion to move the case to the plenary docket and pay the required
fee.
2. Subject Matter Jurisdiction. A defendant who has a counterclaim outside the subject
matter jurisdiction of the Small Claims Division must file a motion to move the case to
the plenary docket and pay the required fee.
LR84-SC00-6 Continuances
1. General Rule. Either party may be granted a continuance for good cause shown. Except
in unusual circumstances, no party shall be allowed more than one (1) continuance in any
case, and all continuances must have the specific approval of the court. Continuances
shall be for as short a period as possible, and where feasible, the party not requesting the
continuance shall be considered in scheduling a new hearing date. The court shall give
notice of the continuance and the new date and time of trial to all parties.
2. Possession of Real Estate or Personal Property. No continuances will be granted to a
defendant where the action involves the issue of possession of real estate or personal
property, except for good cause approved by a judge.
3. Proceedings Supplemental. No motion for continuance of a proceedings supplemental
hearing will be granted, except by agreement of the parties, or for good cause approved
by the judge.
LR84-SC00-7 Dismissal of Actions
1. Dismissal by Plaintiff. Any claim may be dismissed by the plaintiff at any time before
judgment has been entered unless a counterclaim has been filed by a defendant.
2. Dismissal by Stipulation. Any claim may be dismissed by filing a stipulation of dismissal
signed by all parties to the claim.
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3. Dismissal by the Court. The cause or any pending pleading in the cause may be dismissed
with or without prejudice upon order of the Court, including by way of illustration and
not limitation, as follows:
A. the cause had not been reduced to judgment and there has been no action on the
case for a period of sixty (60) days; provided however, that no such cause shall be
dismissed without notice and hearing; or
B. a proceedings supplemental pleading has been filed and there is no action on the
day on which the proceedings supplemental is set for hearing, or for sixty (60)
days thereafter. (Note: no 41E hearing required)
Motions to reinstate a case dismissed pursuant to this section shall be granted if filed within
six months of the dismissal. Motions filed after six months shall be denied, and a new case
may be filed.
LR84-SC00-8 Default
1. Default of Defendant and Default Affidavit. Upon the failure of a defendant to appear at
the initial court trial setting or at a trial on the merits, the plaintiff shall be entitled to
judgment on the merits against the defendant.
2. Default of Plaintiff. Upon the failure of a plaintiff to appear at the initial court trial setting
or at a trial on the merits, the cause shall be dismissed without prejudice, and default
judgment shall be entered for the defendant against the plaintiff on any timely-filed
counterclaim. Upon plaintiff’s failure to appear at the initial court trial setting or at a trial
on the merits in the subsequent cause based on the same facts as the cause earlier
dismissed without prejudice, the subsequent cause shall be dismissed with prejudice and
default judgment shall be entered for the defendant against the plaintiff on any timely-filed counterclaim.
3. Setting Aside Default Judgment. A default judgment may be set aside according to the
procedures set forth in S.C. 10(c).
LR84-SC00-9 Attorney Fees
A request for attorney fees up to $500.00 will be deemed reasonable regardless of the amount of
the judgment. Any request for attorney fees over that amount must be supported by an affidavit
setting forth the number of hours spent on the case and the hourly charge. The amount of
attorney fees awarded shall be within the sound discretion of the Court.
No attorney fees shall be awarded unless provided for by written agreement between the parties
or according to applicable statute(s).
The Court retains the discretion to adjust attorney fees even when the defendant signs an agreed
judgment.
(Amended October 1, 2025)
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LR84-SC00-10 Judgment for Possession of Real Estate or Personal
Property
1. Bifurcated Judgment and Expedited Hearing on Possession. Judgment in actions
involving the issue of possession of real estate or personal property shall be bifurcated.
The initial hearing shall be on the possession issue. A final judgment for possession of
the real estate or personal property shall be entered at the initial hearing, and a judgment
for back rent and/or other damages, if any, shall be entered at a subsequent hearing.
2. Disposition of Tenant’s Remaining Personal Property. If a tenant leaves personal
property of value in or about the premises under circumstances which reasonably show
abandonment of the personal property, the landlord may:
A. remove the property from the premises using reasonable care and storing it in a
location reasonably secure from damage of any kind; and
B. immediately notify the tenant by first class mail to tenant’s last known address,
with a copy retained by the landlord, that the property is stored, that the storage
charges (if any, but not to exceed $3.00 per day) are accruing, and that the
property is available to tenant upon reasonable notice to landlord at a reasonable
time until the date of the hearing on damages. The notice shall also contain the
landlord’s telephone number, and an address at which and a reasonable time
during which the landlord can be contacted.
C. If the tenant has not contacted the landlord to arrange an imminent and mutually
convenient date and time for the retrieval of the tenant’s personal property by the
date of the damage hearing, a landlord may dispose of the property in a
reasonable manner, including the destruction of apparently valueless property and
the private sale or donation of property of value. Proceeds from any sale and
credit for any donation shall first be applied to reduce any accrued storage charges
and then to reduce any alleged back rent or damages beyond normal wear and tear
established by the Court.
LR84-SC00-11 Release of Judgment
1. Release of Judgment. Upon payment in full, including accrued interest, the clerk shall
notify the judgment creditor and shall require him or her to file a release of judgment. If
the judgment creditor fails to file a release within thirty (30) days of the issuance of the
notice, the clerk shall enter on the Chronological Case Summary that the judgment has
been satisfied, the plaintiff has failed to release judgment pursuant to court directive, and
the clerk shall enter a release of judgment in the judgment docket.
2. Failure to Release Judgment. Upon a judgment creditor’s failure to release a judgment
allegedly fully paid and satisfied, the affected debtor may file a motion with the Court to
have the judgment deemed satisfied pursuant to T.R.13(M).
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LR84-SC00-12 Proceeding Supplemental
1. General Procedure. Proceedings supplemental to execution shall be governed by T.R.
69(E) of the Indiana Rules of Trial Procedure and applicable statute.
2. Thirty-Day Rule. A motion for proceedings supplemental may not be filed until thirty
(30) calendar days have elapsed since the date of judgment, except by order of the Court
for good cause shown.
3. One-Year Rule. Except by order of the Court for good cause shown, no proceedings
supplemental may pend for more than six (6) months from the date of its filing and no
judgment creditor may file more than four (4) proceedings supplemental per year against
any individual judgment debtor in a given cause. At the end of the six (6) month period,
any pending proceedings supplemental shall be dismissed without prejudice.
4. Bank Interrogatories. Except by order of the Court for good cause shown, judgment
creditors may not submit garnishment interrogatories to more than two (2) banking
institutions for each hearing on proceeding supplemental.
5. Proceedings Supplemental During Pendency of Garnishment Order. If a garnishment
order has been issued, additional proceedings supplemental directed to the judgment
debtor may be filed only by order of the Court for good cause shown.
6. Copies of Motion and Order. Three copies of motions for proceeding supplemental orders
and subpoenas shall be filed. If a garnishee defendant is named, then four copies of each
document shall be filed. Please call the civil court reporter for the hearing date prior to
filing.
LR84-SC00-13 Bench Warrants
1. Motion for Bench Warrant. A Plaintiff may request a bench warrant if:
A. The judgment debtor or garnishee defendant previously ordered to appear for a
scheduled hearing was served with an order to appear and failed to appear for the
hearing.
B. The party requesting the warrant can provide the judgment debtor’s Social
Security number and/ or date of birth.
2. Procedure. The Court will send a notice to the defendant that the defendant must contact
the court within ten days or the warrant will be issued. No ten-day notice will be issued if
the defendant fails to appear for the rescheduled hearing.
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LR84-SC00-14 Garnishment
1. General Procedure. All garnishment proceedings shall comply with T.R. 69(e) and
applicable statutes.
2. Requirements of Garnishment Order to Issue. A garnishment order shall not be issued
with respect to a judgment debtor’s wage or other property without:
A. an active proceeding supplemental as to the judgment debtor or waiver of notice
by the judgment debtor, and
B. service on the garnishee-defendant by:
C. certified mail, or refusal thereof, or
D. Sheriff’s service, or
E. private process service; and
F. return of answered interrogatories, other verification of employment by garnishee-defendant, or failure to answer interrogatories after notice.
3. Stay of Garnishment. In instances where a judgment debtor has entered a voluntary
agreement for periodic payment to satisfy the judgment and has further consented to
garnishment upon default of the terms of the agreement, a garnishment order will be
entered but stayed pending compliance with the payment agreement. Upon notice by the
judgment creditor that the judgment debtor is not in compliance, the order of garnishment
will be issued.
4. Release. Upon receipt by the judgment creditor or by the Clerk on the judgment
creditor’s behalf of monies sufficient to fully satisfy the judgment, any accrued interest
and costs, the judgment creditor shall immediately obtain a court order releasing the
applicable garnishment order and shall forward a copy to garnishee-defendant(s).
LR84-SC00-15 Bankruptcy
Whenever any party receives an order from a Bankruptcy Court staying proceedings, that party
shall file a notice of such order with the Court. Such notice shall contain the name of the party,
the cause number in bankruptcy and the date of the issuance of the stay.
LR84-SC08-16 Representation at Trial-Attorneys
1. Small Claims Rule 8(C) allows a person to appear at trial and, if he or she chooses,
represent himself or herself and avoid the cost of hiring an attorney. However, a person is
allowed to hire an attorney and have the attorney appear with him or her at trial. A person
who holds a power of attorney for another person may not represent that person in court.
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2. Corporations-Representation in Small Claims Court. As a general rule, a corporation
must appear by counsel. S.C. Rule 8(C) provides a limited exception for certain claims. A
corporation, whether as a Plaintiff of a Defendant, may be represented by an employee
who is not an attorney if the following conditions exist:
A. The claim (for or against the corporation) is not more than the prescribed limit set
by S.C. Rule 8(C) (currently $$6,000); and
B. The claim is not an assignment (such as a claim that has been assigned to a
collection agency); and
C. There is a corporate resolution and employee affidavit on file with the clerk
authorizing a full-time employee to represent the corporation. The clerk will
provide the affidavit form.
3. Sole Proprietors and Partnerships (Unincorporated Businesses). As a general rule, an
unincorporated business must be represented by the owner of the business or an attorney.
S.C. Rule 8(C) provides a limited exception for certain claims. A business, operated as a
sole proprietor or partnership, may (whether as a Plaintiff or Defendant) be represented
by an employee who is not an attorney if the following conditions exist:
A. The claim (for or against the business) is not more than the prescribed limit set by
S.C. Rule 8(C) (currently $6,000); and
B. The claim is not an assignment (such as a claim that has been assigned to a
collection agency); and
C. The business has on file with the clerk an employee affidavit and certificate of
compliance designating a full-time employee to represent the business. The clerk
will provide the affidavit form.
4. The person who is named in an affidavit and files the claim must be the individual who
appears in court. If circumstances dictate that another employee must make the court
appearance, a resolution and affidavit must be filed with the Clerk before the court date
and a copy made available to the Court.
(Amended October 1, 2025)
LR84-SC00-17 Private Process Serving Fees
Costs for private process servers that may be assessed against a judgment debtor are limited to
the fee approved for service by the sheriff.
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SECTION VII: ADMINISTRATIVE RULES
LR84-AR00-1 Court Hours
Each Court shall be open to the public daily during regular business days, Monday through
Friday. The Presiding Judge of each respective Division shall designate a schedule of business
hours for said respective Divisions as the respective Court’s Docket allows and is in the best
interests of the public and the Court. Except when otherwise designated, the Courts shall be open
until 4:00 p.m. on each business day. If any Division of the Court finds it necessary to remain in
session until after 4:00 p.m., no member of the staff of that Division shall leave for the day
except upon permission of the presiding Judge.
LR84-AR01-2 Case Assignments
1. CRIMINAL CASES Except as provided in paragraphs (vi) and (vii) below, Felony
cases shall be assigned as follows:
A. All felonies arising between family or household members (as defined in I.C.
35-31.5-2-128) shall be assigned to Vigo Superior Court Division Four,
except the following:
i. Murder
ii. Voluntary Manslaughter
iii. Involuntary Manslaughter
iv. Reckless Homicide
v. Dealing in a controlled substance resulting in death
vi. Causing suicide/assisting suicide
vii. Human trafficking/sexual trafficking
viii. Sex crimes listed in 35-42-4 except sexual battery
ix. Neglect of a Dependent
x. Dealing in Methamphetamine, Cocaine, Controlled Substance, or Narcotic
Drug or Schedule 1-4 controlled substance.
B. All felonies relating to Operating a Motor Vehicle While Intoxicated filed
under I.C. § 9-30-5, and felonies in conjunction with and arising out of
Operating a Motor Vehicle While Intoxicated, shall be assigned to Superior
Court Division Five.
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C. All other Felony offenses shall be assigned on a rotating basis beginning with
Superior Court Division One, then Circuit/Superior Court Division Three,
and then Superior Court Division Six, and then Superior Court Division Five,
and is based upon the time of the occurrence of the offense.
i. Offenses occurring between 12:01 A.M. on the 1st day of each month
through midnight on the 10th day of each month shall be assigned to
Superior Court Division One.
ii. Offenses occurring between 12:01 A.M. on the 11th day of each month
through midnight on the 20th day of each month shall be assigned to
Circuit/Superior Court Division Three.
iii. Offenses occurring between 12:01 A.M. on the 21st day of each month
through midnight on the 29th day of each month shall be assigned to
Superior Court Division Six.
iv. Offenses occurring between 12:01 A.M. on the 30th day of each month
through midnight on the last day of that month shall be assigned to
Superior Court Division Five.
D. Notwithstanding the above rule, no Superior Court Judge shall have more
than one capital murder case pending at any one time, except where multiple
Defendants are charged with capital murder arising out of a single episode.
2. All criminal misdemeanor cases shall be assigned as follows:
A. Offenses for Operating a Vehicle While Intoxicated shall be assigned to
Superior Court Division Five.
B. All criminal misdemeanors arising out of domestic violence shall be assigned to
Superior Court Division Four.
C. Criminal Misdemeanor cases that have routinely been filed in Terre Haute
City Court will be filed in the Vigo County Courts beginning October 1, 2025.
Criminal Misdemeanor actions shall be filed in Superior Court Division Five
D. All other misdemeanor offenses shall be assigned to Superior Court Division
One and Superior Court Division Six based upon the time of the occurrence of
the offense.
i. Offenses occurring between 12:01 A.M. of the first day of each month
through midnight of the 15th day of that month will be assigned to
Superior Court Division One.
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ii. Offenses occurring between 12:01 on the 16th day of each month through
the end of the month will be assigned to Superior Court Division Six.
3. In the case of multiple offenses, the date of the earliest offense alleged in the charging
document shall assign the rotation date and assignment of the court. If a case involves
both felony and misdemeanor charges, the case shall be considered a felony for
application of this rule.
4. A judge of the Circuit or Superior Courts, by appropriate order entered in the record of
judgments and orders, may transfer and reassign a case to any other court of record in the
county with jurisdiction to hear the charged offense subject to acceptance by the
receiving court.
5. When the State of Indiana dismisses a case and chooses to re-file that case, the case shall
be assigned to the court from which the dismissal was taken, except for cases dismissed
and transferred to Drug Court.
6. When a new felony cause of action is filed pursuant to 1(C) against a Defendant who has
an existing felony proceeding originally filed or which would have been filed under
subsection 1(C) the new cause of action shall be assigned to the Court where the existing
cause of action is pending.
7. When a new felony cause of action is filed pursuant to 1(C) against a Defendant who is
on probation or serving a direct commitment in a Community Corrections program as a
result of a case originally filed or which would have been filed under 1(C) the new cause
of action shall be filed in the Court in which the probation or Commitment is being
supervised.
8. Change of Judge.
A. In the event a change of judge is granted or it becomes necessary to assign
another judge in any criminal proceeding in Superior Court Division One, the
case shall be reassigned first to Superior Court Division Three, then to
Superior Court Division Five, then to Superior Court Division Six; if the
receiving judge cannot accept jurisdiction the case shall be reassigned to the
alternative court in the order indicated. If the judges of Superior Court
Division Three, Superior Court Division Five, or Superior Court Division Six
cannot accept jurisdiction, the case will be reassigned to Superior Court
Division Four.
B. In the event a change of judge is granted or it becomes necessary to assign
another judge in any criminal proceeding in Superior Court Division Three,
the case shall be reassigned first to Superior Court Division Five, then to
Superior Court Division Six then to Superior Court Division One; if the
receiving judge cannot accept jurisdiction the case shall be reassigned to the
alternative court in the order indicated. If the judges of Superior Court
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Division One, Superior Court Division Five, or Superior Court Division Six
cannot accept jurisdiction, the case will be reassigned to Superior Court
Division Four.
C. In the event a change of judge is granted or it becomes necessary to assign
another judge in any criminal proceeding in Superior Court Division Four,
the case shall be reassigned first to the judge of Superior Court Division Five.
If the judge of Superior Court Division Five cannot accept jurisdiction, the
case will be reassigned first to Superior Court Division Six, then to Superior
Court Division One, then to Superior Court Division Three; if the receiving
judge cannot accept jurisdiction, the case shall be reassigned to the
alternative court in the order indicated.
D. In the event a change of judge is granted or it becomes necessary to assign
another judge in any misdemeanor criminal proceeding in Superior Court
Division Five, the case shall be reassigned first to the judge in Superior Court
Division Four. In the event a change of judge is granted or it becomes
necessary to assign another judge in any felony criminal proceeding in
Superior Court Division Five, the case shall be reassigned first to Superior
Court Division Six, then to Superior Court Division One, then to Superior
Court Division Three; if the receiving judge cannot accept jurisdiction the
case shall be reassigned to the alternative court in the order indicated. If the
judges of Superior Court Division One, Superior Court Division Three, or
Superior Court Division Six cannot accept jurisdiction, the case will be
reassigned to Superior Court Division Four.
E. In the event a change of judge is granted or it becomes necessary to assign
another judge in any criminal proceeding in Superior Court Division Six, the
case shall be reassigned to Superior Court Division One, then to Superior
Court Division Three, then to Superior Court Division Five; if the receiving
judge cannot accept jurisdiction the case shall be reassigned to the alternative
court in the order indicated. If the judges of Superior Court Division One,
Superior Court Division Three, or Superior Court Division Five cannot
accept jurisdiction, the case will be reassigned to Superior Court Division
Four.
9. If this process does not result in the selection of a special judge, the Clerk shall select a
special judge in rotating order from the judges of the following courts, comprising courts
contiguous to, or within the same administrative district as, Vigo County:
Clay Circuit
Clay Superior
Sullivan Circuit
Sullivan Superior
Putnam Circuit
Putnam Superior
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Parke Circuit
Vermillion Circuit
The Clerk shall maintain the list of special judges and shall select from the list on a
rotating basis when appointment under this local rule is required. If a judge is skipped in
the rotation because of ineligibility or disqualification, he or she shall be selected first for
the next eligible case.
10. In the event that no judge is available for assignment or reassignment of a felony or
misdemeanor case, such case shall be certified to the Indiana Supreme Court for
appointment of a Special Judge. In the event the judge presiding in a felony or
misdemeanor case concludes that special circumstances presented in such proceeding
require appointment by the Indiana Supreme Court of a Special Judge, the presiding
judge may request the Indiana Supreme Court to make such appointment.
(Amended October 1, 2025)
2. CIVIL CASES
A. DISSOLUTION ACTIONS (DN) & (DC)
The filing of dissolution actions shall be filed in the following proportionate
rotation:
Vigo Superior Court Division Two 60%
Vigo Superior Court Division One 13.33%
Vigo Superior Court Division Three 13.33%
Vigo Superior Court Division Six 13.33%
B. PROBATE
The filing of probate matters shall be filed in the following proportionate rotation:
Vigo Superior Court Division One 33.33%
Vigo Superior Court Division Two 33.33%
Vigo Superior Court Division Three 33.33%
C. CIVIL TORT (CT)
The filing of civil tort actions shall be filed in the following proportionate
rotation:
Vigo Superior Court Division Six: 20%
Vigo Superior Court Division One: 20%
Vigo Superior Court Division Two: 40%
Vigo Superior Court Division Three: 20%
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D. CIVIL PLENARY (PL)
The filing of civil plenary actions shall be filed in the following proportionate
rotation:
Vigo Superior Court Division One: 25%
Vigo Superior Court Division Two: 25%
Vigo Superior Court Division Three: 25%
Vigo Superior Court Division Six: 25%
E. CIVIL COLLECTIONS (CC)
The filing of civil collection actions shall be filed in the following proportionate
rotation:
Vigo Superior Court Division One: 20%
Vigo Superior Court Division Two: 20%
Vigo Superior Court Division Three: 20%
Vigo Superior Court Division Four: 20%
Vigo Superior Court Division Six: 20%
F. MORTGAGE FORECLOSURES (MF)
The filing of mortgage foreclosures shall be filed in the following proportionate
rotation:
Vigo Superior Court Division Three: 40%
Vigo Superior Court Division One: 15%
Vigo Superior Court Division Two: 15%
Vigo Superior Court Division Four: 15%
Vigo Superior Court Division Six: 15%
G. SMALL CLAIMS (SC) & EVICTIONS (EV)
The filing of small claims and eviction actions shall be in the following
proportionate rotation:
Vigo Superior Court Division Four: 66%
Vigo Superior Court Division Five: 34%
H. PROTECTIVE ORDERS (PO)
Petitions for protection orders and workplace restraining orders shall be filed in
Vigo Superior Court Division Four, except for protection order petitions filed by a
party:
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i. To a pending marriage dissolution case or to a marriage dissolution case in
which a decree has been entered, and there are minor children of the
parties. These petitions shall be filed in the Court presiding over the
dissolution action.
ii. To a pending paternity case, or who is a juvenile or naming a juvenile as
respondent. These cases shall be filed in Juvenile Court. Division of the
Vigo Circuit Court.
I. MENTAL HEALTH CASES (MH)
All mental health cases filed shall be in Vigo Superior Court Division Two.
J. JUVENILE COURT
To the extent of its jurisdiction, all juvenile matters shall be filed in the Vigo Circuit
Court. and will be handled by the Magistrate Judges. These include, but are not limited
to, juvenile paternity (JP), juvenile CHINS (JC), juvenile delinquency (JD), juvenile
status (JS), juvenile miscellaneous (JM), juvenile termination of parental rights (JT),
child protection order (JQ), Guardianships (GU), and Protection Orders (PO).
K. MISCELLANEOUS (MI)
i. All miscellaneous civil filings relating to the waiving of Indiana Bureau of
Motor Vehicle reinstatement fees shall be filed in Vigo Superior Court
Division Five.
ii. All miscellaneous civil filings relating to the issuance of motor vehicle
titles shall be filed in Vigo Superior Court Division Four.
iii. All miscellaneous civil filings relating to name changes shall be filed in
Vigo Circuit Court.
iv. All other miscellaneous civil filings, except as provided in (v), shall be
divided equally between Division One, Division Two, and Division Six on
a rotating basis.
v. The annual MI filing for Vigo County Tax Sales shall be rotated among
the courts as follows so that no court receives the filing two (2) years in a
row:
2024 – Division One
2025 – Division Four
2026 – Division Five
2027 – Division Two
2028 – Division Six
2029 - Division Three, and so on
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L. EXPUNGEMENTS FILED UNDER I.C. 35-38-9 (XP)
i. All expungement matters required by statute to be filed in a particular
Court shall be filed in such Court.
ii. All other expungement matters shall be filed in the following
proportionate rotation:
Vigo Superior Court Division One: 20%
Vigo Superior Court Division Three: 20%
Vigo Superior Court Division Four: 20%
Vigo Superior Court Division Five: 20%
Vigo Superior Court Division Six: 20%
M. COMMERCIAL COURT ELIGIBLE (CE)
All Civil cases that are eligible for the Commercial Court Docket shall be filed in
Vigo Superior Court Division Two or whichever Vigo Superior Court is approved
to preside over a Commercial Court.
N. GRANDPARENT VISITATION (GV)
The filing of Grandparent Visitation actions shall be filed in the following
proportionate rotation:
Vigo Superior Court Division Two: 60%
Vigo Superior Court Division One: 13.33%
Vigo Superior Court Division Three: 13.33%
Vigo Superior Court Division Six: 13.33%
However, if there is an existing dissolution action (DC), paternity action (JP),
guardianship action (GU), CHINS action (JC), or termination action (JT), the
grandparent visitation case shall be filed and/or transferred to the Court already
presiding over the DC, JP, GU, JC, or JT case.
O. JUDICIAL REVIEW (RA)
All Petitions filed under Indiana Code Section 4-1.5-5, which seek judicial review
of administrative agency decisions, shall be filed in the following proportionate
rotation:
Vigo Superior Court Division One: 16.66%
Vigo Superior Court Division Two: 16.66%
Vigo Superior Court Division Three: 16.66%
Vigo Superior Court Division Four: 16.66%
Vigo Superior Court Division Five: 16.66%
Vigo Superior Court Division Six 16.66%
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As in the past, Vigo County Judges shall continue to cooperate to ensure the
effective and efficient administration of justice by assisting one another with
hearings, should they be available to do so.
(Amended October 1, 2025)
LR84-AR09-3 Confidentiality of Court Records
1. Search Warrants. All search warrants shall be confidential prior to the return of duly
executed service.
2. Arrest Warrants. All arrest warrants for criminal offenses shall be confidential prior to
return of duly executed service, unless in a particular case, the State applies for an Order
lifting confidentiality in order to facilitate the peaceful surrender of the person for whom
the arrest warrant was issued.
3. Indictments and Informations. Only those informations filed after, or contemporaneously
with, the issuance of an arrest warrant after a finding of probable cause shall be
confidential prior to duly executed service. All indictments shall be confidential prior to
the return of duly executed service.
LR84-AR11-4 Form and Style of Papers, Number of Copies, Filing and
Services
1. All papers, pleadings and motions presented for filing shall comply with Rule Admin. R.
11.
2. Every pleading filed, including estates and guardianships, shall clearly identify the name,
address, e-mail address, and telephone number of the attorney filing the pleading.
3. Any pleading not signed by at least one attorney appearing of record as required by
T.R.11 of the Indiana Rules of Procedure shall not be accepted for filing by the Clerk or,
if inadvertently accepted for filing, shall, upon discovery of the omission, be promptly
corrected.
4. All motions seeking an order of the Court shall be e-filed with a proposed order.
(Amended October 5, 2025)
LR84-AR12-5 Filing By Facsimile Transmission
Pleadings, motions, and other papers may be filed by Facsimile Transmission as provided by
Indiana Administrative Rule 12; the Court, by Facsimile Transmission, may issue orders or other
responses thereto. All Facsimile Transmissions, by a party or the Court, shall be considered as
being mailed for purposes of computing time under T.R. 6(E).
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LR84-AR15-6 Court Reporter Services
1. Definitions. The following definitions shall apply under the local rule.
A. 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.
B. Equipment means all physical items owned by the court or other government
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.
C. Work space means that portion of the courts’ facilities dedicated to each court
reporter, including but not limited to actual space in the courtroom and any
designated office space.
D. 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.
E. Recording means the electronic, mechanical, stenographic or other recording
made as required by Indiana Rule of Appellate Procedure 74.
F. Regular hours worked means those hours which the court is regularly scheduled
to work during any given 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.
G. 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.
H. Overtime hours worked means those hours worked that are in excess of forty (40)
hours per work week.
I. 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 Thursday, Friday through Thursday.
J. Court means the particular court for which the court reporter performs services.
Court may also mean all of the courts in Vigo County.
K. County indigent transcript means a transcript that is paid for from county funds
and is on behalf of a litigant who has been declared indigent by a court.
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L. 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.
M. Private transcript means a transcript, including but not limited to a deposition
transcript that is paid for by a private party.
N. Expedited transcript means a transcript which is requested to be prepared within
three (3) working days or less.
2. Salaries and Per Page Fees.
A. 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 working hours, gap hours, or overtime hours. The supervising court shall
compensate court reporters for gap and overtime hours by allowing compensatory
time off regular work hours.
B. The maximum per page fee a court reporter may charge for the preparation of a
county or state indigent transcript shall be $5.00 per page; the court reporter shall
submit a claim directly to the county for the preparation of any county indigent
transcripts.
C. The maximum per page a court reporter may charge for the preparation of a
private transcript shall be $5.00 per page for a private regular transcript. If a court
reporter is requested to prepare an expedited transcript, the maximum page fee
shall be $7.50 when the transcript must be prepared within twenty-four (24) hours
or less; $6.00 when the transcript must be prepared within three (3) working days.
That a minimum transcript fee shall be $35.00.
D. In light of the various additional requirements under the new appeal process, the
court shall provide binders for said transcripts so prepared.
E. In the event a court reporter prepares a transcript using county-owned equipment,
the court reporter shall provide the paper at the court reporter’s own expense and
provide copies of the transcript using an outside copying service at the court
reporter’s own expense. Court reporters may only charge for transcripts prepared
while off the clock. They may not charge a per-page rate while typing at their job.
A court reporter may charge their hourly rate, based upon the court reporter’s
annual court compensation, for compiling, indexing exhibits, and compiling a
table of contents while not working at the job during normal office hours.
F. 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 Office of Court Services. The reporting
shall be made on forms prescribed by the Office of Court Services.
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3. Private Practice.
A. 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’s equipment for such purpose, the court and the
court reporter shall enter into a written agreement which must, at a minimum,
designate the following:
i. The reasonable market rate for the use of equipment, work space, and
supplies.
ii. The method by which records are to be kept for the use of equipment,
work space, and supplies.
iii. The method by which the court reporter is to reimburse the court for the
use of the equipment, workspace, and supplies.
B. 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 January 1, 2017)
LR84-AR00-7 Court Alcohol and Drug Program Fees
All individuals ordered to enroll in the Vigo County Court Alcohol and Drug Program may be
charged up to a maximum of $400.00 for program services, pursuant to Indiana Code 12-23-14-
16.
LR84-AR00-8 Problem-Solving Court Fees
1. Fees for Drug Court, a Problem-Solving Court, are set pursuant to I.C. 33-23-16.
A. For defendants referred to Drug Court, the following fees are assessed:
i. For a 36-month deferral, the fee is $50.00 per month beginning the second
month of participation. The total fee for 36 months will not exceed
$1,850.00, including the administration fee of $100.00 in 1(D).
ii. For a 24-month deferral, the fee is $50.00 per month beginning the second
month of participation. The total fee for 24 months will not exceed
$1,250.00, including the administration fee of $100.00 in 1(D).
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iii. For an 18-month deferral, the fee is $50.00 per month beginning the
second month of participation. The total fee for 18 months will not exceed
$950.00, including the administration fee of $100.00 in 1(D).
B. Fees are payable in no less than $50.00 per month increments and are exclusive of
chemical testing fees.
C. Fees may be prorated for those who leave the program early, as measured against
the Judgment of Conviction date
D. An administration fee of $100.00 may be assessed regardless of the length of
participation in the Drug Court Program.
2. Drug Court cases accepted into the Vigo County Drug Court Program but transferred to
another Indiana County are assessed a $25.00 transfer fee and a $100.00 administration
fee. Fees are payable at the time of transfer.
3. Cases accepted into the Vigo County Drug Court Program from another Indiana County
are assessed a $25.00 transfer fee. Defendants are assessed a fee of $50.00 per month for
the duration of the time they remain under monitoring by the Vigo County Drug Court
program.
4. Fees for Vigo County Veterans Court, a Problem-Solving Court, are set pursuant to I.C.
33-23-16-23 and Problem-Solving Court Rule 16.
A. Defendants enrolled in Veterans Court are assessed a one-hundred-dollar
($100.00) problem-solving court administration fee regardless of length of
participation.
B. Defendants enrolled in Veterans Court are assessed a monthly problem-solving
court services fee, commencing the second month of participation, of fifty dollars
($50.00) per month for each month of participation in the Veterans Court
program.
C. Cases accepted and transferred into Vigo County Veterans Court from another
Indiana County are assessed a twenty-five-dollar ($25.00) transfer fee and a one
hundred dollar ($100.00) problem-solving court administration fee. These fees are
payable at the time of transfer. The monthly problem-solving court services fee
above will also be assessed.
D. In addition to the above fees, defendants enrolled in Veterans Court may be
required to pay for all court-ordered drug screens.
(Amended February 24, 2016)
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LR84-AR00-9 Court Building Security
1. Everyone entering the Vigo County Courthouse, the Vigo County Juvenile Justice
Center, the Vigo County Magistrate/IV-D Court located in the Community Corrections
Building, and all other locations 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.
2. 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.
3. 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:
A. “Deadly weapon” as defined by Ind. Code § 35-31.5-2-86;
B. “Electronic stun weapon” as defined by I.C. § 35-47-8-1;
C. “Explosive” as defined by I.C. § 35-31.5-2-125 & I.C. § 35-47.5-2-7;
D. “Firearm” as defined by I.C. § 35-31.5-2-133, I.C. § 35-47-1-5, & I.C. § 35- 47-
15-1;
E. “Handgun as defined by I.C. § 35-31.5-2-148 & I.C. § 35-47-1-6;
F. “Knife” as defined by I.C. § 35-31.5-2-180 & I.C. § 35-47-5-2.5(a) and (b);
G. “Stun gun” as defined by I.C. § 35-47-8-2;
H. “Taser” as defined by I.C. § 35-31.5-2-324 & I.C. § 35-47-8-3;
I. “Club;” and
J. 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).
4. Anyone refusing to comply with this Order is to be denied entrance to the courtroom
buildings.
5. Anyone violating this Order may be found to be:
A. in direct contempt of court under I.C. § 34-47-2, if the violation occurs in the
presence of a judicial officer; or
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B. 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.
6. The following individuals are exempt from this order:
A. 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:
i. 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,
ii. a deputy of the people listed in Paragraph 6(a)(1),
iii. an investigator for a prosecuting attorney or for the inspector general,
iv. a conservation officer,
v. an enforcement officer of the alcohol and tobacco commission, and
vi. an enforcement officer of the securities division of the office of the
Secretary of State.
B. 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;
C. Indiana Department of Correction Officers,
D. Community Correction officers,
E. Judicial officers, and
F. Probation officers.
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7. Employees of the courtroom buildings may carry chemical spray devices for personal
protection.
8. 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.
9. 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.
10. Prohibition of Portable Electronic Devices (PEDs)
A. Definition of PEDs: For purposes of this section, the term “PED” is defined to
include, but is not necessarily limited to, any portable or mobile device capable
of electronically storing, accessing, sending, copying, photographing, videoing,
or transmitting images or any form of information/data. The term includes,
among other devices, a transportable computer or laptop of any size, an
electronic tablet or notebook, a cell phone, smartphone, smartwatch or other
wireless phone of any type of character, paging devices, personal digital
assistant, audio or video recording device, Bluetooth, camera or other
photographic, video, or audio equipment of any type of character, a scanner, or
any other device that is capable of providing internet access.
B. General Exclusion of PEDs from within Vigo County Courtrooms and Judicial
and Staff Offices or Storage Areas. This standard prohibits the possession or use
of PEDs at any location within the confines of any Vigo County Courtroom,
Judicial or Staff Office, or area used for storage concerning Judicial Matters.
This prohibition includes the Vigo County Courtrooms, offices or storage areas
at the Vigo County Courthouse, located at 33 South Third Street, Terre Haute,
Indiana, the Vigo County Juvenile Center, located at 202 Crawford Street, Terre
Haute, Indiana and the Vigo County IVD and Magistrate Court, Vigo County
Community Corrections Offices, Vigo County Adult Probation Offices located
at 108 South First Street, Terre Haute, Indiana. This prohibition applies to all
these areas unless such possession and use are specifically exempted in this
Standard. This Standard is intended to be consistent with the terms and
provisions of any rule promulgated by a member of the County Judiciary and/or
by the Indiana Supreme Court. If any provision of this Standard is contradicted
by or in any material manner found to conflict with the provision(s) of any such
judicially enacted rule or restriction, the provisions of the judicial rule or
restriction shall be operable and shall be deemed to supersede the contradictory
term(s) or provisions of the Standard.
C. County Provided Temporary Storage Facilities. If an individual who has
business with one of the Vigo County Courts is found to be in possession of a
PED by Courthouse Security, the individual will be requested to return that
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device to their vehicle or mode of transportation. If the individual is unable to
store the PED outside of the Courthouse, the County has procured and will
provide any individual with a temporary storage facility located at the
Courthouse Security. Use of these facilities is entirely voluntary; however,
failure to return the PED to their vehicle or store the PED in a facility provided
by the County will result in the denial of admission. Additionally, any
individual using the temporary storage facility agrees that the individual’s use of
a particular temporary storage facility may not be exclusive and may be shared
with other patrons engaged in similar temporary storage of other PEDs. Any
individual using a temporary storage facility also agrees that they do so at their
own risk for damage, loss, theft, or other injury to the stored PED. The
individual’s use of the temporary storage facility shall be deemed a bailment
that is exclusively beneficial to the individual. By such usage, the individual is
deemed to have fully released and discharged the County, its agents, officers
(including Courthouse Security), employees, and officials from any claim for
loss, damage, theft, or destruction (whether in whole or in part) to the
individual's PED.
D. Groups or Persons Exempted from the Operation of this Standard. The
following groups or individuals are exempted from this Standard:
i. Judicial officers of the State of Indiana, of the Federal judiciary, or any
judicial officer of any state or territory of the United States;
ii. Current local court employees;
iii. Active members in good standing of the Indiana Bar or a foreign state’s
Bar who present to Courthouse Security identification or other proof of
their status as an active member of the Indiana Bar or the Bar of a foreign
state, together with recent photographic identification;
iv. Staff or paralegals employed by an attorney who is exempted in
accordance with subparagraph (c)(iii), if such person is there to assist the
attorney and only on those days when the attorney is also present in court;
v. Current Vigo County, Indiana employees;
vi. Current local, state, or federal law enforcement officers while on official
business with recent and valid governmentally issued photographic
identification;
vii. Jurors who have been selected to serve on a jury, who possess and present
to Courthouse Security a valid badge which exemption authorizes
possession and use of such PEDs;
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viii. Any other individual that is permitted by law to possess such PEDs or as
otherwise approved by a sitting Vigo County judge.
ix. Any person who would qualify under any of the above listed exemptions
that is known to be so exempt by reason of that person’s prior interactions
with members of the courthouse security staff may be permitted entry into
the courthouse, in the discretion of the on-duty courthouse security staff
member, without having to again present identification or other
exemption-qualifying documentation.
E. Rules Pertaining to use of PED by Exempted Individual or Group. PEDs may be
used by exempted individuals or group listed in subparagraph (c), but are still
subject to the following limitations of restrictions on their use of PEDs:
i. PEDs may be used by exempted individuals or groups to retrieve or store
information, to access the Internet for information pertaining to a matter
before the court, to send and receive text messages or information, if that
PED is set to silent mode.
ii. PEDs may not be used to send and/or receive telephone calls.
iii. Any allowed use of a PED that is permitted by the apparent applicability
of the Standard may be terminated in the discretion of the presiding judge,
if, in the judge’s sole discretion, the use is found to be disruptive or
distracting to a court proceeding or is otherwise contrary to the effective
administration of justice.
F. Violation of this Standard. Any person found to be in possession of a PED
within the confines of any Vigo County Courtroom, Judicial or Staff Office, or
area used for storage concerning Judicial Matters in violation of this standard
shall be asked to leave these areas immediately. Failure to comply with this
request will result in the individual being escorted from the building by a
member of the Courthouse Security Staff. Violation of these terms shall be
deemed to give rise to probable cause for any such member of the Courthouse
Security Staff to examine the content of any materials contained in the
violator’s PED. In a proper case, unauthorized possession and/or use of a PED
contrary to the restrictions set out in any judicial rule of the County Judiciary
and/or the Indiana Supreme Court may subject the violator to prosecution for
contempt of court, in accordance with the applicable provisions of Indiana Law.
(Amended October 1, 2025)
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Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-88-vigo-local-rules-2026-10-02
- Content hash
cce7eb11d5ef0ec0cb99f0ad68e1b4a094ea756b00dc114fa4d30c0a7ae4b4f9
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