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Ind. County Local Rule: vigo-local-rules

vigo-local-rules

activein force · 2026-10-02 – presentcompiled-edition

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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