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Ind. County Local Rule: wayne-local-rules
wayne-local-rules
WAYNE COUNTY LOCAL COURT RULES INDEX
ADMINISTRATIVE RULES
LR89-AR15-001 COURT REPORTER SERVICES
RULES OF CIVIL PROCEDURE
LR89-TR3.1-001 WITHDRAWAL OF APPEARANCE
LR89-TR5-002 FILING
LR89-TR06-004 MOTIONS
LR89-TR33-005 DISCOVERY, INTERROGATORIES, REQUEST FOR ADMISSIONS, TIME
TO SERVE
LR89-TR55-006 DEFAULT JUDGMENT
LR89-TR56-007 MOTIONS FOR SUMMARY JUDGMENTS
LR89-TR37-008 CONTEMPT
LR89-TR73-009 ORAL ARGUMENT
LR89-TR40-010 TRIAL READINESS CERTIFICATE
LR89-TR16-011 PRETRIAL PROCEDURE
LR89-TR40-012 CASE MANAGEMENT CONFERENCE AND ORDER AND SETTING OF
PRETRIAL AND TRIAL DATES
LR89-TR16-013 MOTIONS IN LIMINE, JURY INSTRUCTIONS, AND JUROR
QUESTIONNAIRE
LR89-AR1-014 RANDOM FILING OF CIVIL CASES
LR89-TR79-015 SPECIAL JUDGE SELECTION IN CIVIL CASES
LR89-TR00-016 ATTORNEYS FEES IN CIVIL CASES
LR89-TR00-017 SPECIAL RULES FOR TAX SALE CASES
RULES OF CRIMINAL PROCEDURE
LR89-CR00-01 SCOPE
LR89-CR00-002 RELEASE FROM CUSTODY – PROMISE TO APPEAR
LR89-CR00-003 APPOINTED COUNSEL
LR89-CR00-004 APPEARANCE OF COUNSEL
LR89-CR00-005 WITHDRAWAL OF PRIVATELY RETAINED COUNSEL
LR89-CR00-006 INITIAL HEARING CONFERENCE
LR89-CR00-007 PRETRIAL CONFERENCE
LR89-CR00-007 WAIVER OF JURY TRIAL
LR89-CR00-009 CRIMINAL DISCOVERY
LR89-CR00-010 STIPULATIONS
LR89-CR00-011 SELECTION OF JURY PANEL
LR89-CR00-012 VOIR DIRE
LR89-AR1-013 FILING PROCEDURE FOR CRIMINAL CASES
LR89-CR00-014 BAIL
LR89-CR2.2-015 SEARCH WARRANTS
LR89-CR00-016 MOTIONS
LR89-AR21-017 SPECIAL JUDGE SELECTION IN CRIMINAL CASES
FAMILY LAW RULES
LR89-FL00-1 SCOPE AND TITLE
LR89-FL00-2 ADMINISTRATIVE PROCEDURES
LR89-FL00-3 SPECIFIC DISCLOSURE REQUIREMENTS
LR89-FL00-4 COOPERATION IN FAMILY CASES
LR89-FL00-5 PROVISIONAL HEARINGS
LR89-FL00-6 ORDERS EXCLUDING A SPOUSE FROM THE RESIDENCE
LR89-FL00-7 FINANCIAL DECLARATION FORM
LR89-FL00-8 PARENTING CLASS
LR89-FL00-9 MEDIATION
LR89-FL00-10 PARENTING TIME ORDERS
LR89-FL00-11 CHILD CUSTODY AND PARENTING TIME: REFERRALS FOR
INVESTIGATION AND REPORT; GUARDIANS AD LITEM
LR89-FL00-12 REQUIREMENTS BEFORE APPOINTMENT OF CUSTODIAL EVALUATOR
AND/OR PARENTING COORDINATOR (NOT APPLICABLE FOR
APPOINTMENT OF GUARDIAN AD LITEM)
LR89-FL00-13 CONTACT WITH CUSTODIAL EVALUATORS, PARENTING
COORDINATORS, AND GUARDIANS AD LITEM/COURT APPOINTED
SPECIAL ADVOCATES
LR89-FL00-14 CHILD SUPPORT GUIDELINES
LR89-FL00-15 MODIFICATION OF POST-DECREE CHILD SUPPORT
LR89-FL00-16 PRETRIAL PROCEDURE
LR89-FL00-17 AGREED ENTRIES
LR89-FL00-18 EXHIBITS
LR89-FL00-19 FEES
LR89-FL00-20 TERMINATION OF REPRESENTATIVE CAPACITY
PROBATE RULES
LR89-PR00-001 NOTICE
LR89-PR00-002 FILING OF PLEADINGS LR89-
LR89-PR00-003 BOND
LR89-PR00-004 INVENTORY
LR89-PR00-005 SALE OF REAL ESTATE
LR89-PR00-006 SALE OF PERSONAL PROPERTY
LR89-PR00-007 CLAIMS
LR89-PR00-008 ACCOUNTINGS
LR89-PR00-009 FEES OF ATTORNEY AND FIDUCIARY
LR89-PR00-010 WRONGFUL DEATH
LR89-PR00-011 UNSUPERVISED ADMINISTRATION
LR89-PR00-012 GUARDIANSHIPS
LR89-PR00-013 MISCELLANEOUS
WAYNE COUNTY ADMINISTRATIVE RULES
Passed by the Wayne County Bar Association Effective January 1, 2013, Including All
Amendments, Approved Effective January 1, 2023.
LR89-AR15-001 COURT REPORTER SERVICES
The undersigned Courts comprise all of the Courts of record of Wayne County, Indiana, and
hereby adopt the following local rule by which Court Reporter services shall be governed.
Section One. Definitions. The following definitions shall apply under this local rule:
(1) A Court Reporter is a person who is specifically designated by a Court to perform
the official court reporting services for the Court, including preparing a transcript of
the record.
(2) Equipment means all physical items owned by the Court or other governmental
entity and used by a Court Reporter in performing court reporting services. Equipment
shall include, but not be limited to, telephones, computer hardware, software
programs, disks, tapes, and any other devices used for recording and storing and
transcribing electronic data.
(3) Workspace means that portion of the Court’s facilities dedicated to each Court
Reporter, including but not limited to actual space in the courtroom and/or any
designated office space.
(4) Page means the page unit of transcript which results when a recording is transcribed
in the form required by Indiana Rule of Appellate Procedure 7.2.
(5) Recording means the electronic, mechanical, stenographic or other recording made
as required by Indiana Rule of Trial Procedure 75.
(6) Regular hours worked means those hours which the Court is regularly scheduled to
work during any given work week. Depending on the particular Court, these hours
may vary from Court to Court within the County, but remain the same for each work
week.
(7) Gap hours worked means those hours worked that are in excess of the regular
hours worked, but hours not in excess of forty (4) hours per work week.
(8) Overtime hours worked means those hours worked in excess of forty (40) hours per
work week.
(9) Work week means a seven (7) consecutive day week that consistently begins and
ends on the same days throughout the year; i.e., Sunday through Saturday, Wednesday
through Tuesday, Friday through Thursday.
(10) Court means the particular Court for which the Court Reporter performs services.
Court may also mean all of the Courts in Wayne County.
(11) County indigent transcript means a transcript that is paid for from county funds
and is for the use on behalf of a litigant who has been declared indigent by a Court.
(12) State indigent transcript means a transcript that is paid for from state funds and
is for the use on behalf of a litigant who has been declared indigent by a Court. Private
transcript means a transcript, including but not limited to a deposition transcript that
is paid for by a private party.
Section Two. Salaries and Per Page Fees.
(1) Court Reporters shall be paid an annual salary for time spent working under the
control, direction and direct supervision of their supervising Court.
(2) The fee a Court Reporter shall charge for the preparation of a county indigent
transcript shall be as follows:
(a) A minimum fee of $44.00 for any transcript eleven (11) pages or less;
(b) $4.00 per page, including the Index and Table of Contents;
(c) An additional labor charge approximating the hourly rate based upon
the Court Reporter’s annual Court compensation for the time spent
proofreading, binding the transcript and preparing the exhibit binders.
(3) The fee a Court Reporter shall charge for the preparation of a State indigent
transcript shall be as follows:
(a) A minimum fee of $44.00 for any transcript eleven (11) pages or less;
(b) $4.00 per page, including the Index and Table of Contents;
(c) An additional labor charge approximating the hourly rate based upon
the Court Reporter’s annual Court compensation for the time spent
proofreading, binding the transcript and preparing the exhibit binders.
(4) The fee a Court Reporter shall charge for the preparation of a private transcript
shall be as follows:
(a) A minimum fee of $44.00 for any transcript eleven (11) pages or less;
(b) $4.00 per page, including the Index and Table of Contents;
(c) An additional labor charge approximating the hourly rate based upon
the Court Reporter’s annual Court compensation for the time spent
proofreading, binding the transcript and preparing the exhibit binders.
(5) The per page fee a Court Reporter shall charge for a COPY of any transcript shall be $1.00.
(6) Each Court Reporter shall report, at least on an annual basis, all transcript fees
received for the preparation of either county indigent, state indigent or private
transcripts to the Indiana Supreme Court, Division of State Court Administration. The
reporting shall be made on forms prescribed by the Division of State Court
Administration.
Section Three. Private Practice – Depositions.
(1) With permission of the supervising Court, 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, workspace
and supplies, and the Court agrees to the use of the Court equipment for such purpose,
the Court and the Court Reporter shall enter into a written agreement which must, at a
minimum, designate the following:
(a) The reasonable market rate for the use of the equipment, workspace and supplies.
(b) The method by which records are to be kept for the use of equipment,
workspace and supplies; and,
(c) The method by which the Court Reporter is to reimburse the Court for
the use of the equipment, workspace and supplies.
(2) 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.
WAYNE COUNTY RULES OF CIVIL PROCEDURE
Adopted By Wayne County Bar Association, Originally Effective October 30, 1997, Including All
Amendments, Approved Effective January 1, 2026.
LR89-TR00-0.50 RULES NOT APPLICABLE IN CHINS OR
TERMINATION OF PARENTAL RIGHTS CASES
These Wayne County Rules of Civil Procedure shall not be applicable in Child In Need of
Services (CHINS) or Termination of Parental Rights (TPR) cases.
LR89-TR3.1-001 WITHDRAWAL OF APPEARANCE
All withdrawals of Appearance shall be in writing and by leave of Court. Further, all motions
or petitioners for withdrawal shall be compliant with the appropriate and applicable Indiana
Rule(s) of Trial Procedure. In the event that a motion or petition for withdrawal is not
compliant with Indiana Rules of Trial Procedure, the Court may deny such motion or petition.
The Court may deny a request for withdrawal of Appearance unless the same has been filed
with the Court at least ten (10) days prior to any hearing scheduled in the cause as
unreasonable or not consistent with the administration of justice.
LR89-TR5-002 FILING
A. Filing and Submission Only to the Clerk
All papers presented for filing shall be submitted to the Clerk and not to the Court.
B. Separate Motions and Order; Order by Chronological Case Summary Entry
Form; Service.
Proposed orders shall be prepared and filed separately from the pleadings, petitions,
motions or other papers to which they have reference.
All orders shall be accompanied with sufficient copies so that copies may be mailed to all
parties.
C. Counsel to Furnish Pleadings to Special Judge
When a Special Judge who is not a Wayne County Judge is selected and qualifies in a
case, copies of all filings subsequent to the qualification of such Special Judge shall be
delivered in person, by mail, or by email to the office of the Special Judge with certificate of
forwarding same made a part of the filing.
LR89-TR06-004 MOTIONS
A. Preparation
All pleadings, Motions, briefs, and other papers shall be prepared in accordance with
the provisions of the Indiana Rules of Trial Procedure.
B. Continuances and Enlargements of Time
All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc.) shall be
made in writing, shall state whether or not opposing counsel objects to the motion, and shall
state whether prior continuances or enlargements have been requested by either party and
whether such prior request was granted. The Court may require any written motion for
continuance or enlargement of time to be signed by the party requesting the continuance.
C. First Enlargement of Time
The first motion for enlargement of time to file a responsive pleading to a Complaint
shall be granted summarily for up to forty-five (45) days. Any request for additional time
beyond forty- five (45) days or a subsequent request for enlargement of time shall be at the
discretion of the Court.
D. Title of Motion
All motions for continuance or enlargement of time shall denominate in the title of
such motion whether it is the first, second, third, etc., motion for continuance or enlargement
of time; e.g., Defendant’s Second Motion for Enlargement of Time to File Answer.
E. Proposed Orders to Accompany All Motions
All motions seeking an order of the Court shall be accompanied by a sufficient number
of proposed Orders to be executed by the Court in granting the motion. Proposed Orders
continuing a matter or granting an enlargement of time shall not set forth the new date but shall
leave the date blank for the Court to complete. Proposed Orders shall also leave the date blank
for the Court’s approval of the Order. Proposed Orders submitted to the Court shall contain a
complete distribution list attorneys and self-represented litigants with full addresses, including
email addresses.
F. The Certificate of Service as required by Trial Rule 5 of the Indiana Rules of Trial
Procedure shall specifically set forth the names and addresses, including email addresses, of
the attorney(s), party(ies), or representative(s) to whom the document has been sent.
LR89-TR33-005 DISCOVERY: INTERROGATORIES, REQUEST
FOR ADMISSIONS, TIME TO SERVE
A. Preparation. Interrogatories shall be tailored specifically to the cause in which they
are served and be numbered consecutively to facilitate response.
B. Number Limited. Interrogatories shall be limited to a total of twenty-five (25),
including subparts. For good cause shown and upon leave of Court, only additional
interrogatories may be propounded to the extent authorized by leave of Court.
C. Answers and Objections. Answers or objections to interrogatories under TR 31 or
33 shall set forth in full the interrogatories being answered or objected to immediately
preceding the answer or objection.
D. Time to Serve. All written discovery, whether directed to a party or nonparty to an
action, must be served at least thirty-three (33) days prior to the expiration of any
discovery deadline which may be established by the Court, unless leave of Court
directing otherwise is granted prior to the service of such discovery.
E. Limit on Requests for Admissions. Request for Admissions are limited to thirty (30)
in number (not counting requests related to the authenticity of a document). Leave of
Court may be granted allowing for the service of more than thirty (30) Request for
Admissions provided the moving party fully complies with TR 26(F), and files a
motion setting forth the proposed additional Requests and why they are necessary.
F. Discovery Disputes. Strict compliance with rules 26 to 37 of the Indiana Rules
of Trial Procedure is required. The discovery process is intended to be largely
self- actuating, with minimal Court supervision. Therefore, the Court will not rule
on motions
related to discovery disputes unless the moving party represents that after personal or
telephonic conference in a good faith effort to resolve their discovery differences, the
parties are simply unable to reach an agreement. If a party to the action (including
“nonparties”) advises the Court, by way of motion or response that the opposing part
has refused or delayed resolution of the discovery dispute, the Court may, after hearing,
impose appropriate sanctions.
G. Motion to Strike. A Motion to Strike specific interrogatories as excessive, oppressive
or repetitive, may be filed after fully complying with TR 26(F). Such a motion shall
not serve to extend the time for answering interrogatories which are not in dispute.
LR89-TR55-006 DEFAULT JUDGMENT
Upon the proper filing of a motion for default judgment pursuant to Trial Rule 55, the Court
may enter default and may either: 1) enter default judgment in the amount requested if
supported by proper accompanying pleadings (Affidavit of Indebtedness, etc.); or 2) set the
matter for damages hearing. In the event the Court sets the matter for damages hearing, the
moving party may file an Affidavit (of indebtedness or otherwise) in support of its claim for
damages or judgment if said party has not already done so. In the event the Court set the
matter for damages hearing, it is not necessary that the moving party or such party’s counsel
attend the damages hearing. If the nonmoving party does not appear or appears and does not
contest the damage or judgment amount requested, and the amount requested is supported by
proper accompanying pleadings filed by the moving party, the Court may enter judgment in
the amount requested. If the amount of damages or judgment is contested at the damages
hearing, the Court will then set the matter for further hearing at a later date and further
evidence may be presented.
LR89-TR56-007 MOTIONS FOR SUMMARY JUDGMENT
All Trial Rule 56 Motions for Summary Judgment shall be filed at least one hundred fifty
(150) days prior to trial.
LR89-TR37-008 CONTEMPT
If a party who has been properly served fails to appear at a contempt hearing, the Court shall
not proceed but shall, upon request by the moving party, cause to issue a Rule to Show Cause
Order, ordering the nonmoving party into court to answer as to why he/she failed to appear
and why he/she should not be held in contempt of court. If the nonmoving party again fails to
appear in court as ordered after being properly served with the Rule to Show Cause Order, a
Writ of Body Attachment may be issued for the nonmoving party.
LR89-TR73-009 ORAL ARGUMENT
The granting of a motion for oral argument, unless required by the Indiana Rules of
Procedure, shall be discretionary with the Court.
LR89-TR40-010 TRIAL READINESS CERTIFICATE (TRC)
This Rule is intentionally left blank.
LR89-TR16-011 PRETRIAL PROCEDURE
A. Setting of Pretrial Conference
1. Jury Trials. In those cases where a jury has been requested, an Agreed Case
Management Order is required and hearings will be scheduled consistent with LR89-
TR- 011.
2. Bench Trials. In those cases to be tried to the court, a preliminary pretrial
conference will not be set unless requested by a party or otherwise ordered by the
court. Final pretrial conference shall be set approximately thirty (30) to forty-five (45)
days prior to the trial date as arranged by the Court. Additionally, a court may require
an Agreed Case Management Order pursuant to LR89-TR40-012, in which case
hearings shall be scheduled consistent with said Rule.
B. Filing of Pretrial Statement
At least forty-eight (48) hours prior to both the preliminary and final pretrial
conferences, counsel for each party shall file pretrial statements which shall include all
matters deemed important to the trial of the cause, but must include all information set forth
in Paragraph “C” below.
C. Form of Pretrial Statement
The pretrial statement shall contain the following statements in separate numbered
Paragraphs as follows:
1. JURISDICTION. Setting forth the basis of jurisdiction.
2. STATUS OF RECORD. Setting forth the pleadings raising the issues.
3. PENDING MOTIONS AND OUTSTANDING DISCOVERY. Setting forth
the motions or other matters requiring action by the Court, and a concise
statement as to the status of discovery.
4. STATEMENT OF POSITION. Setting forth a concise statement as to each
party’s position.
5. STIPULATIONS. Setting forth a concise statement of stipulated facts.
6. ISSUES OF FACT. Setting forth a statement of the issues of fact which
remain to be litigated at trial.
7. ISSUES OF LAW. Setting forth a concise statement of the issues of law on
which there is agreement and which remain to be litigated at trial.
8. EXHIBITS. Setting forth each exhibit which shall be presented at trial.
9. AMENDMENTS TO PLEADINGS. Setting forth a concise statement
as to whether or not there are any amendments to the pleadings.
10. PROBABLE SETTLEMENT. Setting forth a concise statement as to
settlement negotiations and the likelihood of settlement.
11. PROBABLE TRIAL TIME. Setting forth a concise statement as to the
anticipated length of trial.
12. LIST OF WITNESSES. Setting forth a numbered list of trial witnesses which
shall include each witness’s address. Expert witnesses shall be so designated.
D. Failure to File Pretrial Statement
In the event either party should fail to timely file a pretrial statement as required by
this Rule, the Court shall have the right to cancel the pretrial conference and/or the trial or to
enter appropriate sanctions against the party failing to file such pretrial statement.
E. Preliminary Pretrial Conference
The primary purposes of the preliminary pretrial conference are to determine whether
or not the case is ready to proceed to trial by jury as scheduled, and to determine the procedure
to prepare the case for trial. Once a case is determined at the preliminary pretrial conference
to be ready to proceed to jury trial as scheduled, a continuance of such date will not be granted
except for extraordinary circumstances which were not reasonably foreseeable at the
preliminary pretrial conference. Such reasons shall not include the need to file further
pleadings or motions, pursuing or completing further discovery, securing attendance of any
witness or party, or any other reasonably foreseeable reason.
F. Final Pretrial Conference
The primary purpose of the final pretrial conference is to determine the procedure to
prepare the case for trial and to discuss these matters set out in Rule 16 of the Indiana Rules
of Trial Procedure.
G. Attendance By Trial Counsel Required
The primary purpose of the final pretrial conference is to determine the procedure to
prepare the case for trial and to discuss those matters set out in Rule 16 of the Indiana Rules
of Trial Procedure. Therefore, attorneys shall appear in person for such hearings, except by
leave of Court under extreme circumstances. The lead attorney expected to try the case shall
be personally present at the final pretrial conference.
H. Pretrial Order
Following the pretrial conference, a pretrial order shall be entered in compliance with
Rule 16 of the Indiana Rules of Trial Procedure.
I. More Than One Pretrial Conference
If necessary or advisable, the Court may adjourn the pretrial conference from time to
time or may order additional pretrial conferences as it deems appropriate.
LR89-TR40-012 CASE MANAGEMENT CONFERENCE & ORDER AND
SETTING OF PRETRIAL AND TRIAL DATES.
A. Mandatory Case Management Conference
A case management conference shall be required in all cases where a jury trial is
requested, and in all cases designated as CT or MI.
B. Discretionary Case Management Conference
A case management conference may be ordered in any other case upon the filing of a
motion by any party or on the Court’s own motion.
C. Conference Procedure
Within one hundred twenty (120) days of the filing of a Complaint in those cases
where a case management conference is mandatory, or within thirty (30) days after otherwise
being ordered to participate in a case management conference, Plaintiff shall arrange a
meeting of all parties for the following purposes:
1. List of Witnesses. Exchange preliminary lists of witnesses known to have
knowledge of the facts supporting the pleadings. The parties shall thereafter
be under a continuing obligation to advise opposing parties of other
witnesses as they become known. The parties shall establish a date by which
any testifying expert witness must be disclosed.
2. Documents. Exchange all documents which are contemplated to be used in
support of the pleadings. Documents later shown to have been reasonably
available to a party and not exchanged may be subject to exclusion at the
time of trial.
3. Other Evidence. Exchange any other evidence reasonably available to
obviate the filing of unnecessary discovery motions.
4. Mediation and Settlement. Discuss the likelihood of settlement of the
action and the date, if any, by which mediation shall occur.
5. Discovery Schedule. Agree upon a schedule for all discovery, including a
date by which discovery shall be finalized and completed.
6. Complicated Case. Discuss whether the action is sufficiently complicated so
that additional conferences may be required.
7. Additional Parties. Discuss the date by which any motion to join additional
parties must be filed.
8. Pretrial Motions. Discuss and agree upon the dates by which any motions
to dismiss, motions for summary judgment, and other motions shall be filed.
It shall not be necessary to include the date for filing motions in limine as motions
in limine are to be filed at least fifteen (15) days prior to trial pursuant to LR89-
TR-006.
9. Anticipated Trial Readiness Date. Discuss the date by which the parties
reasonably anticipate the case will be ready for trial.
10. Estimated Length of Trial. Discuss the length of time the parties
reasonably anticipate the trial will take to complete.
Commentary
The Court views the obligation of reasonably advancing the cases on the Courts’
dockets to be an obligation that is mutually shared among all parties and their
counsel. However, when these Rules or an issued court order require or contemplate
that the parties or their counsel shall meet and confer prior to a particular court
proceeding (such as a case management conference), unless otherwise stated in any
such order, the Court expects that the plaintiff or petitioner will take the lead in
coordinating such meetings.
D. Case Management Plan
Within ten (10) days after meeting but, in any event, within one hundred eighty (180)
days of filing the Complaint, the parties to the action shall file an Agreed Case Management
Plan setting forth:
1. The likelihood of mediation and settlement;
2. A detailed schedule of discovery for each party, including an agreed upon
date by which discovery shall be completed and finalized;
3. A limitation on the time to join additional parties and to amend the pleadings;
4. A limitation on the time to file all pretrial motions, excluding motions in limine;
5. A preliminary estimate of the time required for trial;
6. The date by which the parties reasonably anticipate the case will be ready for trial;
7. A date by which mediation shall be completed; and,
8. A date by which preliminary witness and exhibit lists shall be exchanged and
filed, including the date by which expert and/or skilled witnesses shall be
disclosed if different from the date by which other witnesses must be
disclosed.
For the dates by which Motions for Summary Judgment, Motions in Limine, Objections to
Motions in Limine, proposed Jury Instructions, and Objections to Proposed Jury Instructions,
must be filed, please refer to these Local Rules of Civil Procedure.
E. Setting of Pretrial and Trial Dates in Cases Where Jury Requested
Upon the filing of an Agreed Case Management Order pursuant to this Rule, which is
thereafter approved by the Court, preliminary pretrial, pretrial, and trial dates shall be set by
the Court. The preliminary pretrial conference shall be set approximately six (6) months prior
to the scheduled trial date with the final pretrial conference scheduled approximately thirty
(30) to forty- five (45) days prior to the scheduled trial date. At the preliminary pretrial
conference, all counsel shall be prepared to discuss whether the case remains ready to proceed
to trial.
In the event that a Court requires an Agreed Case Management Order in a case to be
tried to the Court, hearings will also typically be scheduled consistent with this Rule.
LR89-TR16-013 MOTIONS IN LIMINE, JURY INSTRUCTIONS, AND
JUROR QUESTIONNAIRE
A. Motions in Limine
Any Motion in Limine shall be filed so that it is actually received by the Court at least
fifteen (15) days prior to trial, or longer as the Court may order.
B. Objections to Motions in Limine
Objections to any Motions in Limine shall be submitted to the Court in writing and
shall be filed so that they are actually received by the Court at least seven (7) days prior to trial.
Written objections shall be numbered and shall specify distinctly and with clarity the
objectionable matter to the Motion in Limine. Each objection shall be accompanied by
citations of authority.
C. Agreed Upon Fact Instruction
Counsel shall file an agreed upon fact Instruction so that it is actually received by the
Court at least fifteen (15) days prior to trial, or longer as the Court may order.
D. Proposed Jury Instructions
Counsel may file proposed jury instructions, provided that such instructions are
actually received by the Court at least fifteen (15) days prior to trial, or longer as the Court
may order. Instructions covering matters occurring at the trial which could not reasonably be
anticipated may be tendered and/or substituted at the conclusion of the trial. Each proposed
instruction shall be accompanied by citations of authority.
E. Objections to Proposed Jury Instructions
Written objections to proposed jury instructions may be filed in writing and shall be
filed such that they are actually received by the Court at least seven (7) days prior to trial.
Written objections shall be numbered and shall specify distinctly and with clarity the
objectionable matter in the proposed instruction. Each objection shall be accompanied by
citations of authority.
F. Juror Questionnaires
In all cases to be tried to a jury, the Juror Questionnaire Form utilized by the Court
shall be used unless all parties consent to a proposed juror questionnaire which shall be
tendered jointly and shall actually be received by the Court at least fifteen (15) days prior
trial, or longer as the Court may order. Any such proposed questionnaire remains subject to
approval of the Court. In no cases shall a proposed juror questionnaire be in excess of a single
two-side typed 81/2” x 11” page without leave of Court.
LR89-AR1-014 RANDOM FILING OF CIVIL CASES
In order to provide for an even distribution of judicial workload and to ensure that the
difference in utilization between any two courts of record in Wayne County does not exceed
0.40 points, based on the weighted caseload (WCL) measures system, the Wayne Circuit Court,
Wayne Superior Court No. 1, Wayne Superior Court No. 2, and Wayne Superior Court No. 3
hereby adopt the following filing procedure for civil cases filed in Wayne County as follows:
1. All small claims (SC) and eviction (EV) cases shall be filed in Wayne Superior Court No. 3.
2. All Child in Need of Services (JC) cases, Juvenile Delinquent (JD) cases, Termination of
Parental Rights (JT) cases, Juvenile Status (JS) cases, and all Protective Order (PO) causes in which
the Respondent is a juvenile, shall be filed in Wayne Superior Court No. 3.
3. Agreed upon adoption (AD) cases arising out of a JC or JT case shall be filed in Wayne Superior
Court No. 3.
4. All mental health (MH) cases shall be filed in a random and equal manner in Wayne Circuit
Court, Wayne Superior Court No. 1, or Wayne Superior Court No. 2.
5. All Petitions seeking expungement or related relief under I.C.35-38-5-1 et seq., IC 31-39-8-1 et
seq. (juvenile expungement), or I.C. 35-38-9-1 et seq., and assigned an Expungement (XP) case
number, shall be filed as follows:
a. Relief sought from conviction/disposition/adjudication in only one (1) prior case shall be
filed in the court that originally entered judgment of conviction and entered sentencing or
otherwise adjudicated or disposed of the case; and,
b. Relief sought from conviction/disposition/adjudication in more than one (1) prior case shall
be filed in the court that entered the most recent judgment of conviction and entered
sentencing or otherwise adjudicated or disposed of the case.
6. All other civil cases including, but not limited to: Civil Plenary (PL), Mortgage Foreclosure
(MF), Civil Collections (CC), Commercial Court Eligible (CE), Civil Tort (CT), Domestic Relations
(DC, DN), Reciprocal Support (RS), Seizure of Firearms (RF), Adoptions (AD) not otherwise filed
in Wayne Superior Court No. 3 pursuant to Paragraph 3 above, Grandparent Visitation (GV),
Judicial Review of Administrative Agency Decisions (RA), Probate Supervised (ES), Probate
Unsupervised (EU), Estate Miscellaneous (EM), Guardianships (GU), Trusts (TR), Protective Orders
(PO) not otherwise filed in Wayne Superior Court No. 3 pursuant to Paragraph 2 above, and Civil
Miscellaneous (MI), shall be filed in a random and equal manner in Wayne Circuit Court, Wayne
Superior Court No. 1, or Wayne Superior Court No. 2. All tax sale cases shall be filed in Wayne
Superior Court No. 2.
7. The judges of Wayne Circuit Court, Wayne Superior Court No. 1, and Wayne Superior Court
No. 2, shall periodically review the filing patterns of civil cases, and the Judges of such courts
reserve the right to transfer cases in the event of a disproportionate distribution of cases in order to
balance the caseload and expedite dispositions of all pending civil cases.
8. In the event that a cause is filed in Wayne Circuit Court, Wayne Superior Court No. 1, or Wayne
Superior Court No. 2, and the Court in which said cause is filed discovers that there is a related
cause(s) (related party/parties and/or subject matter) in one of the other two (2) such Courts and said
Court determines that the cause should be transferred to the Court with the pre-existing cause(s) for
judicial efficiency or that the same would be prudent based on subject matter, said Court may
transfer the cause to the Court with the pre-existing cause(s) subject to written consent of the judge
of the receiving Court.
LR89-TR79-015 SPECIAL JUDGE SELECTION IN CIVIL CASES
When the appointment of a special judge is required under Trial Rules 76 or 79 of the Indiana
Rules of Trial Procedure, the provisions of this Rule constitute the exclusive local manner for
the selection of special judges in circuit and superior courts in all civil and juvenile proceedings
in Wayne County. The parties may agree to the selection of a special judge in accordance
with the provisions of Trial Rule 79(D) of the Indiana Rules of Trial Procedure. Absent such
an agreement, the Clerk of the Wayne Circuit and Superior Courts shall assign a successor
judge from the remaining Wayne county judges by random selection until no Wayne County
Circuit or Superior Court judge remains. If no Wayne County Circuit or Superior Court judge
qualifies as special judge, the Clerk shall assign a special judge, in sequence, from the
following list of judges, all of whom are within the administrative district within which Wayne
County is a part, as set forth in Administrative Rule 3(A), or are from a contiguous county and
have agreed to serve as special judge in the court of Wayne County where the case is pending.
1. The presiding Judge of the Union Circuit Court;
2. The presiding Judge of the Henry Circuit Court 1;
3. The presiding Judge of the Henry Circuit Court 2;
4. The presiding Judge of the Henry Circuit Court 3;
5. The presiding Judge of the Fayette Circuit Court;
6. The presiding Judge of the Fayette Superior Court;
7. The presiding Judge of Franklin Circuit Court;
8. The presiding Judge of the Franklin Circuit Court No. 2;
9. The presiding Judge of the Randolph Circuit Court;
10. The presiding Judge of the Randolph Superior Court;
11. The presiding Judge of the Rush Circuit Court; and,
12. The presiding Judge of the Rush Superior Court.
The Clerk shall maintain such records as necessary to assure that selections are rotated
in the above sequence.
LR89-TR00-016 ATTORNEYS FEES IN CIVIL CASES
A. General Provisions
Rule 1.5 of the Rules of Professional Conduct adopted by the Supreme Court of
Indiana shall govern the awarding of attorneys fees in civil actions. All fees charged by
attorneys must be reasonable. Factors which the Wayne Circuit and Superior Courts will
consider in determining attorney fee awards in civil cases include:
1. The time and labor required, the novelty and difficulty of questions
involved, and the skill requisite to perform the legal service properly.
2. The likelihood, if apparent to the client, that the acceptance of the
particular employment will preclude other employment by the lawyer;
3. The fee customarily charged in the locality for similar legal service;
4. The amount involved and the results obtained;
5. The time limitations imposed by the client or by the circumstances;
6. The nature and length of the professional relationship with the client;
7. The experience, reputation and ability of the lawyer or lawyers
performing the services.
Attorneys fees are to be based upon those factors as set forth above and other relevant
factors. At the appropriate time in the proceeding, attorneys shall submit a Verified Affidavit
in support of the request for attorneys fees setting forth: facts in support of such request; a
detailed list of the services and time expended on the matter to date; the amount of time
expected to be expended in the future through to completion, including collection; the
attorney’s customary and usual hourly fee; and all other relevant facts in support of the
request. All fees, if any, shall be awarded at the time of Judgment, and not at a future date
unless authorized specifically by statute.
B. Mechanics Liens
In cases involving mechanics liens, the Court will find as reasonable attorney fees,
unless there is evidence to the contrary, the following:
Up to $1,500.00 for the first $10,000.00 of judgment (or any portion
thereon); Up to 5% of the next $15,000.00;
Up to 3% of the next $25,000.00;
Up to 1-1/2% of the next
$50,000.00; Up to 1% of the
next $150,000.00;
Up to 1/2% of everything over $250,000.00.
The above fees shall include conferences with client, preparation of notices, complaint and
summons, obtaining judgment, and reasonable collection efforts. In instances where
additional fees are requested, the attorney shall file a Verified Petition/Affidavit which details
the services and times expended thereon and including those matters referred to in Rule 1.5
of the Rules of Professional Conduct.
C. Other Written Instruments Including Leases, Notes and Contracts
In all cases where instruments provide for attorney fees, or such fees are provided for
by statute, except real estate mortgage foreclosure and mechanics liens, the Court will find as
reasonable attorneys fees, unless there is evidence to the contrary, the following:
Amount of Debt % fee to be awarded
The First $3,000.00 Up to 33-1/3%
The next $10,000.00 Up to 17%
The next $12,000.00 Up to 8%
Excess of $25,000.00 Up to 3%
The above fees shall include conferences with client, preparation of notices, complaint
and summons, obtaining judgment, and reasonable collection efforts. In instances where
additional fees are requested, the attorney shall file a Verified Petition/Affidavit which details
the services and times expended thereon, and includes those matters referred to in Rule 1.5
of the Rules of Professional Conduct.
LR89-TR00-017 SPECIAL RULES FOR TAX SALE CASES
A. Court Where Tax Sale Cases To Be Filed
All Wayne County Tax Sale cases shall be filed in Wayne Superior Court No. 2
B. Tax Sale Appearance
In addition to that information required by TR3.1, each person seeking any relief regarding
property sold at a tax sale shall provide the following information as to the subject parcel of
real estate:
1. Parcel number;
2. Tax sale certificate number; and
3. Street address and brief legal description of the parcel’s location.
C. Title Search Required
Pursuant to any person who has purchased property at a Wayne County Tax Sale must obtain
a title search from a title insurance company authorized and licensed to do business in the
State of Indiana by no later than one hundred eighty (180) days after the tax sale.
D. Copy Provided to the Court
A Petition for Tax Deed shall be accompanied by a copy of the Title Search required above.
E. Documents to County Attorney
Any motion, objection or petition filed to pursue an interest in land arising from a tax sale shall
be provided to the Wayne County Attorney.
F. Administrative Case Number
The Court shall open a Verified Petition for Issuance of a Tax Deed (TP) case number for any
proceedings regarding objections, petitions for tax deed, surplus funds, requested or
conducted regarding a specific parcel. The Court shall inform the parties of the Administrative
Case Number by way of official court notice. This number shall be in addition to the TS case
number assigned.
Once the parties are notified of the TP case number as required above, both the TS and TP
case numbers shall be included in the caption of all pleadings and documents filed regarding
a particular parcel.
G. Responsibilities of the Purchase at Tax Sale
1. The relevant statutes that involve Tax Sales can be found
online at http://iga.in.gov/legislative/laws/2019/ic/titles/006#6-1.1-25.
2. The Purchase, whether represented by counsel or as a pro se litigant, is solely
responsible for compliance with each provision of the Indiana Code, including all
required notices to the owner(s) of record.
3. Suggested Forms for Use of Notice of Filing of Petition for Tax Deed
While not required by law, the Wayne County Courts have a sample form.
WAYNE COUNTY RULES OF CRIMINAL PROCEDURE
Adopted by Wayne County Bar Association, Originally Effective October 30, 1997, including all
Amendments, Approved Effective January 1, 2024.
LR89-CR00-01 SCOPE
These rules govern the procedure and practice of criminal cases in Wayne Circuit and
Superior Courts, unless otherwise provided by law or rules of the Supreme Court of Indiana
or by other local rules.
LR89-CR00-02 RELEASE FROM CUSTODY – PROMISE TO APPEAR
A. A person arrested and incarcerated without a warrant shall be released from
custody within forty-eight (48) hours of arrest unless a judicial determination of probable
cause for arrest has been obtained.
B. A person arrested and incarcerated shall be permitted to post bail consistent with
the Court’s bail schedule unless otherwise ordered or communicated to the Sheriff by a judge.
C. Prior to release of a person pursuant to the forty-eight (48) hour rule or upon
posting bail, the person must complete a verified promise to appear, on a form approved by
the Courts, indicating his or her full name, date of birth, address, place of employment, home
and work telephone numbers, Social Security number, email address and promise to appear in
the Court and at the time designated by the Sheriff. A copy of the Promise to Appear shall be
provided to the arrested person and to the Court upon designation. The Promise to Appear is
Form 1 in the Appendix.
D. Failure to appear as promised upon release from custody is cause for issuance of
an arrest warrant.
E. All persons arrested and incarcerated shall be brought before the Court in which
charges are filed within a reasonable period of time.
LR89-CR00-003 APPOINTED COUNSEL
A. A defendant who is financially unable to obtain counsel is entitled to appointed
counsel in accordance with this rule, except in misdemeanor cases where the prosecution is
not seeking a sentence of incarceration. If the Court appoints counsel, the defendant will be
notified of the name, address and telephone number of appointed counsel.
B. If a defendant states that he or she is financially unable to obtain counsel, the Court
will examine the defendant as to financial circumstances and may require financial statements
and/or investigation of the defendant’s financial circumstances. If the investigation reveals
that the defendant is financially unable to obtain counsel, the Court will appoint counsel.
C. At the time of the initial hearing, a defendant, for whom counsel is not appointed
or for whom counsel has not entered an appearance, will be scheduled for a hearing regarding
counsel and will be ordered to appear for said hearing. The defendant shall be instructed
to contact attorney(s) in order to determine the costs of privately-retained counsel and to report back
to the court at the time of the hearing regarding his or her efforts and progress in retaining private
counsel.
D. If the Court finds that the defendant is able to pay part of the cost of representation
by appointed counsel, the Court may order the defendant to pay an appropriate sum to the
Clerk of the Courts to be deposited into the county’s supplemental public defender services
fund.
E. The Court may order a person for whom a public defender has been appointed to
perform community service during pretrial release to compensate the county for the value of
public defender services.
F. Notwithstanding the provisions of this rule, the Court may appoint counsel for any
person at any stage of the proceedings to prevent a failure of justice.
LR89-CR00-004 APPEARANCE OF COUNSEL
A. Any attorney representing a defendant shall appear for such defendant
immediately upon being retained or appointed by signing and filing a written Appearance
form containing counsel’s name, attorney number, address, telephone number, email address.
A copy of this Appearance form shall be served on the lead counsel of record for the
Prosecuting Attorney of Wayne County by electronic service.
B. Lead counsel for the Prosecuting Attorney of Wayne County shall appear and file
an Appearance form, with the same particulars as set forth in subparagraph A above, in each
pending criminal case filed with the Clerk of the Wayne Circuit, Superior 1, Superior 2, and
Superior 3 Courts.
LR89-CR00-005 WITHDRAWAL OF PRIVATELY RETAINED COUNSEL
A. All withdrawals of Appearance by privately retained counsel shall be in writing
and by leave of Court. Permission to withdraw shall be given only after the withdrawing
attorney has given his or her client ten (10) days written notice of his or her intention to
withdraw, and has filed a copy of such written notice with the Court, or upon a simultaneous
entering of Appearance by new counsel for said client. The letter of withdrawal shall explain
to the client that failure to secure new counsel may have a material adverse effect on the client’s
constitutional rights and upcoming deadlines, and other pertinent information such as a
pending trial date or any other hearing date. Such letter of withdrawal shall be sent to the
client’s last known address via both certified mail- return receipt requested and First Class
Mail, postage prepaid. The Certificate of Service attached to the required motion for leave to
withdraw must indicate compliance with both forms of mail to the client and to all counsel,
or the request shall be denied. The Court will not grant a request for withdrawal of appearance
unless the same has been filed with the Court at least ten (10) days prior to the trial date, except
for good cause shown. The Court shall have discretion to grant a motion to withdraw if the
Court finds that the client was properly notified, although by means that are not in strict
compliance with this rule.
B. If the motion to withdraw is granted, the Court will determine whether the then
existing financial circumstances of the defendant necessitate the appointment of counsel. If
so, counsel shall be appointed forthwith so as to obviate delay in the proceedings. If the
defendant is not qualified for appointed counsel, the defendant shall be ordered to pursue the
retention of alternate counsel and to report back to the Court within not less than fourteen
(14) days the results of all efforts made to retain another attorney.
LR89-CR00-006 INITIAL HEARING CONFERENCE
A. Initial hearing shall be conducted in accordance with Indiana Statutes and Criminal Rules.
B. The Court may, upon written motion, grant a defendant’s request for waiver of initial
hearing. Such request for waiver shall be in writing and signed by the defendant’s attorney
and defendant, if possible, and shall include at a minimum the following:
1. Defendant’s counsel has or will read and explain to defendant the Information;
2. Defendant’s counsel has or will advise defendant that the defendant has the
following rights, and will assure the Court that defendant understands such rights:
a. The right to a public and speedy trial;
b. The right to a trial by jury; and, in order to preserve the right to a trial by
jury for a misdemeanor charge, a written demand for trial by jury must be
filed at least ten
(10) days before the first trial date;
c. The right to the privilege against self-incrimination;
d. The right to confront the State’s witnesses and to cross-examine those witnesses;
e. The right to present evidence on defendant’s behalf, and to subpoena
witnesses to testify on defendant’s behalf;
f. The right to require the State to prove defendant’s guilt beyond a
reasonable doubt;
g. The right to obtain counsel of defendant’s choosing at defendant’s expense; and,
h. The right to assigned counsel at no expense to defendant if defendant
cannot afford an attorney.
3. Defendant’s counsel has or will also advise the defendant regarding the possible
penalties for each charge, including the advisory, maximum, and minimum sentences
that may be imposed in this cause and sentencing options should defendant be found
guilty of the crimes charged, and counsel has or will assure the Court that defendant
understands such penalties and options.
4. Defendant’s counsel has or will advise defendant of the defendant’s appeal rights,
and counsel has or will assure the Court that defendant understands such rights.
5. Defendant’s counsel has advised or will advise defendant that if bail has not yet been
set that the Court may require bail, which must be posted at the jail or the Clerk’s
office, as directed by the Court.
6. Defendant’s counsel has advised or will advise defendant of any special conditions
of bond as may be required by the Court.
7. For offenses under I.C.9-30-5, defendant’s counsel shall advise defendant of
immediate restriction or suspension of driving privileges, and counsel will
immediately surrender to the Court all of defendant’s driving licenses, permits and
receipts. Counsel has or will also advise defendant that operating a motor vehicle in
violation of restriction or suspension may result in bond forfeiture and contempt of
court determination.
8. Defendant’s full name and permanent address and, if different, mailing address. In
addition, the defendant’s Social Security number shall be provided on green paper
pursuant to Administrative Rule 9.
LR89-CR00-007 PRETRIAL CONFERENCE
A pretrial conference will be scheduled at the initial hearing which shall require personal
attendance by the Prosecutor’s Office, defense counsel and the defendant. Failure of the
defendant to appear may result in revocation of a bond, an increase in bail, and/or the issuance
of a warrant.
LR89-CR00-008 WAIVER OF JURY TRIAL
Jury trials shall only be waived by the defendant in open court and/or by written waiver signed
by defendant and by defense counsel.
LR89-CR00-009 CRIMINAL DISCOVERY
The Wayne County Courts shall have discovery consistent with applicable law. Neither the
State nor the defense shall be required to file any discovery documents or pleadings with the
Court, but the parties are permitted to do so.
Neither the counsel for the parties nor other prosecution or defense personnel shall advise
persons having properly discoverable information (except the accused) to refrain from
discussing the case with opposing counsel, nor shall they otherwise impede opposing
counsel’s investigation of the case.
A. Automatic Discovery.
1. Within thirty (30) days from the entry of an appearance of an attorney for
a defendant, the State shall provide discovery to counsel for the defendant, subject to
Constitutional limitations and such other limitation as the Court may specifically provide by
separate order, and the defendant shall provide its discovery response within ten (10) days
after the State’s disclosure, both without the need for a written request by either party. Both
parties shall furnish items disclosed and required to be furnished under applicable law within a
reasonable time thereafter.
2. Discovery exchanged relating to a criminal case is subject to an automatic
protective order, prohibiting its disclosure to any third party, except as necessary for the
defendant to effectuate his defense or the State to prosecute its case. No order need be issued
by the Court. Either party may petition the Court for sanctions for failing to abide by these
provisions.
LR89-CR00-011 STIPULATIONS
All stipulations shall be reduced to writing, signed by counsel and by the defendant
personally, unless made during the course of a hearing or trial in open Court.
When jury panels have been drawn, the bailiff shall cause the Court’s questionnaire to be sent
to each member of such panels to be answered and returned by such persons at least one
business day prior to the commencement of jury selection. Such completed jury
questionnaires are confidential and may only be obtained or examined by attorneys of record.
Requests to supplement the Court’s jury questionnaire shall be made in writing prior to the
final pretrial conference and shall include a verbatim proposed questionnaire.
LR89-CR00-012 VOIR DIRE
The prosecutor and defense shall have an opportunity to question each prospective juror and
observe questioning of the prospective juror by opposing counsel prior to passing or striking
a prospective juror. Preemptory challenges shall be made in writing at the bench. If a
prospective juror is stricken by both sides, each side is chargeable for the strike. A juror not
stricken may become a member of the trial jury. A challenge for cause can be raised at any
time. The Court may put time limitations on jury questioning.
LR89-AR1-013 FILING PROCEDURE FOR CRIMINAL CASES
This rule shall govern the filing of criminal cases in Wayne County:
A. Misdemeanors are filed in Wayne Superior Court 3 unless the misdemeanor accompanies
a felony charge filed in Wayne Circuit Court, Wayne Superior Court 1, or Wayne Superior
Court 2.
B. The following felonies shall be filed in Wayne Superior Court 3, unless at least one Level 6, 5, 4,
3, 2 or 1 Felony (other than those listed in this paragraph) or murder, is also filed against the same
defendant in the same Information or Indictment:
1. Battery, a Level 6 Felony, filed under I.C.35-42-2-1.
2. Domestic Battery, a Level 6 Felony, filed under I.C.35-42-2-1.3.
3. Strangulation, a Level 6 Felony, filed under I.C.35-42-2-9.
4. Possession of marijuana, hash oil, hashish, salvia, a synthetic cannabinoid or other
substance listed at I.C.35-48-4-11, a Level 6 Felony.
5. All offenses filed under I.C.9-30-5 or I.C. 9-30-6.
6. All offenses involving the operation of a motor vehicle while driving privileges are
suspended, restricted or forfeited.
7. Resisting Law Enforcement, a Level 6 Felony pursuant to I.C.35-44.1-3-1(a)(3);(c)(1).
C. If the defendant:
1. has at least one pending criminal case, or
2. is on probation
in Circuit Court, Superior Court 1 or Superior Court 2, then any felony charges brought
against the same defendant, other than those felony charges listed in (B)(1-7), are to be filed
in the Court having jurisdiction over the matter referred to at (C)(1) or (C)(2).
D. Except as otherwise dictated by paragraphs (A), (B), or (C), criminal cases shall be filed
in a random and equal manner in Circuit Court, Superior Court 1, and Superior Court 2.
E. If the Judge or personnel of a Court are required as witnesses in any case, the case shall
not be filed in that Court, and the Clerk shall cause that case to be randomly filed in a different
Court, unless otherwise excepted by this rule.
F. When the State of Indiana chooses to refile a dismissed case, the case shall be assigned to the Court
from which the dismissal was taken. This rule applies to all charges arising out of the same offense,
arrest, or set of operative facts.
G. In order to provide for an appropriately balanced caseload and appropriate use of court
resources, the judges of the Wayne County Courts may, from time to time, transfer cases to
other Courts within Wayne County. Transfer of cases shall be by written order of the
forwarding Court, and shall be subject to written consent by the judge of the receiving Court.
Deviation from the provisions of this rule may be obtained for a particular case with the
approval of the Courts.
H. If unusual and unforeseen circumstances occur, deviation from the provisions of this rule may be
obtained for a particular case with the approval of the Courts.
I. The filing of any case in a manner contrary to the rules set out above shall not be
considered as grounds to support a motion for transfer or for a change of venue from the Court
or judge. The presiding judge may transfer such a case at his or her discretion.
J. In the event that a criminal offense is added or significantly modified by statute, including
any alternation in the level of misdemeanor or felony, the judges of the Wayne Circuit and
Superior Courts will issue a temporary local rule to address the proper filing of such offense.
The temporary local rule will have effect until the local rule can be formally amended.
LR89-CR00-014 BAIL
A. Setting Bail. The Court will set the amount of bail that the accused shall be required
to post. Warrant arrests may include the amount of the bail on the face of the warrant
or on the order directing the Clerk to issue the warrant. Prosecution requests for arrest
warrants shall include any prosecution’s recommendation regarding bail amount and
the reasons therefor. Where charges are filed subsequent to arrest, the probable cause
affidavit or oral probable cause submission shall include any prosecution’s
recommendation as to the appropriate bail.
B. Filed motions for redetermination of bail will be given scheduling priority by the Courts.
C. Automatic 10% Cash Bonds: A 10% cash bond is authorized by the Wayne Circuit
Court, Wayne Superior Court No. 1, and Wayne Superior Court No. 2, for individuals
charged with a non-warrant arrest for Level 3, 4, 5, or 6 Felonies.
A defendant charged with a misdemeanor or a Level 3, 4, 5 or 6 Felony in Wayne
Circuit Court, Wayne Superior Court No. 1, or Wayne Superior Court No. 2, for whom
bail has been set, may satisfy the requirement of bail by depositing ten percent (10%)
of the bail in cash with the Clerk of the Court or the Sheriff of Wayne County as
security for the full amount of the bail, if authorized by the Wayne Circuit Court,
Wayne Superior Court No. 1, or Wayne Superior Court No. 2.
D. Criminal Bail Schedule (if bail is not otherwise set by Court): The bail schedule listed
below is a presumptive bail schedule range that the Wayne Circuit, Wayne Superior
Court No. 1, and Wayne Superior Court No. 2, shall use:
Offenses Against Persons: I.C.35-42 et seq.
Murder No bail
Level 1 Felony $40,000.00 To $75,000.00
Level 2 Felony $15,000.00 To $50,000.00
Level 3 and 4 Felonies $ 7,500.00 To $25,000.00
Level 5 and 6 Felonies $ 5,000.00 To $15,000.00
Offenses Against Property: I.C.35-43 et seq.
Level 1 Felony $15,000.00 To $50,000.00
Level 2 Felony $10,000.00 To $35,000.00
Level 3 and 4 Felonies $ 5,000.00 To $20,000.00
Level 5 and 6 Felonies $ 2,500.00 To $10,000.00
Offenses Relating to Controlled Substances: I.C.35-48-4 et seq.
Level 1 Felony $15,000.00 To $40,000.00
Level 2 Felony $15,000.00 To $30,000.00
Level 3 and 4 Felonies $ 7,500.00 To $15,000.00
Level 5 and 6 Felonies $ 5,000.00 To $ 7,500.00
Other Offenses Not Categorized:
Level 1 Felony $ 6,000.00 To $60,000.00
Level 2 Felony $ 4,500.00 To $45,000.00
Level 3 and 4 Felonies $ 3,000.00 To $30,000.00
Level 5 and 6 Felonies $ 1,500.00 To $25,000.00
The scheduled above is established as a general guide for the Wayne County Courts
(except Wayne Superior in setting bail for persons charged with bailable offenses.
The Sheriff of Wayne County shall use the maximum amount for none-warrant arrests
until the initial hearing, whereupon the Court has discretion to revise the amount of the bail.
Nothing in this schedule shall prevent the Court from setting above or below the range
provided in this schedule or from admitting an individual defendant to release upon
recognizance.
The bail schedule in this paragraph shall apply to all cases filed in Wayne County
Courts other than Wayne Superior Court 3.
Bonds shall be increased 50% for persons admitted to bail on a separate felony case or
who is charged as a Habitual Offender or with a sentencing enhancement. The Prosecution
shall include such fact in its Affidavit of Probable Cause or Charging Information.
E. The Wayne County Superior Court 3 shall post its current bond schedule in the
courtroom of Wayne Superior Court 3, shall provide a copy of its current bond
schedule to the Wayne County Sheriff, and such bond schedule shall be available for
review in the Wayne Superior Court 3 offices. The $5.00 bonding fee (death benefit
fee) for cases in Wayne Superior Court 3 is to be added to surety and cash bonds on
all misdemeanor and truck
violations. The fee is not to be added to felony charges. The Clerk shall retain from
the cash bond such administrative fees as are authorized by law.
F. For criminal cases with offense dates prior to July 1, 2014, the bail schedule below
shall be the presumptive bail schedule range that the Wayne Circuit, Wayne Superior
Court No. 1, and Wayne Superior Court No. 2 shall use:
Offenses Against Persons: I.C.35-42 et seq.
Murder No bail authorized
Level 1 Felony $40,000.00 to $75,000.00
Level 2 Felony $15,000.00 to $50,000.00
Level 3 and 4 Felonies $ 7,500.00 to $25,000.00
Level 5 and 6 Felonies $ 5,000.00 to $15,000.00
Offenses Against Property: I.C.35-43 et seq.
Level 1 Felony $15,000.00 to $50,000.00
Level 2 Felony $10,000.00 to $35,000.00
Level 3 and 4 Felonies $ 5,000.00 to $20,000.00
Level 5 and 6 Felonies $ 2,500.00 to $10,000.00
Offenses Relating to Controlled Substances: I.C.35-48-4 et seq.
Level 1 Felony $15,000.00 to $40,000.00
Level 2 Felony $15,000.00 to $30,000.00
Level 3 and 4 Felonies $ 7,500.00 to $15,000.00
Level 5 and 6 Felonies $ 5,000.00 to $ 7,500.00
Other Offenses Not Categorized:
Level 1 Felony $ 6,000.00 to $60,000.00
Level 2 Felony $ 4,500.00 to $45,000.00
Level 3 and 4 Felonies $ 3,000.00 to $30,000.00
Level 5 and 6 Felonies $ 1,500.00 to $25,000.00
G. Indiana Rule of Criminal Procedure 2.6: Under the authority of the Circuit and
Superior Courts of Wayne County, the Wayne County Probation Department shall
conduct a risk assessment of each individual booked into the Wayne County Jail on a
criminal charge, unless otherwise ordered or exempted by the Court. The risk
assessment will report to the Court the defendant’s risk for failure to appear, including
but not limited to, any additional pending criminal charges the defendant faces and
previous failures to appear in court, as well as if the individual is recommended for
supervised pretrial release.
H. Conditions of Release: All releases on bond or on personal recognizance are subject
to the following basic conditions: (a) defendant shall appear in court at all times
required by the Court; (b) defendant shall not leave the State of Indiana without prior
written consent of the Court; (c) defendant shall not commit nor be arrested for another
criminal offense; (d) defendant shall keep his or her attorney and the Court advised in
writing of any change of address within 74 hours of such change; (e) the defendant shall
not possess a firearm during the pendency of the criminal case, and (f) any other
condition the Court deems appropriate. Pursuant to Indiana Code 35-33-8-3.2(a)(4), a
defendant’s release may be conditioned upon refraining from any direct or indirect
contact with the alleged victim of an offense or other individual as ordered by the
Court. Violation of any condition of release may result in the
Court revoking the defendant’s release and issuing a re-arrest warrant.
LR89-CR2.2-015 SEARCH WARRANTS
Criminal cases opened for the purpose of obtaining a Search Warrant shall be assigned a new
Miscellaneous Criminal case number. Cases for Search Warrants shall be assigned randomly
among the Wayne Circuit, Superior No. 1, Superior No. 2, and Superior No. 3 Courts in the
same manner as set forth in LR89-AR21-013.
In the event there is a pending action involving the same criminal defendant for whom or
against whom a Search Warrant is now requested that is related to such pending proceeding,
a Notice of Filing of Request for Search Warrant shall be filed in the underlying pending action
within twenty- four (24) hours after execution of the Search Warrant. Such Notice shall advise
the court, counsel, and defendant that a request for a Search Warrant has been filed in a
miscellaneous criminal case setting forth the caption of the case and the case number. Failure
to file such a Notice is grounds for appropriate sanctions. Requests for Search Warrants are
ex parte proceedings.
LR89-CR00-016 MOTIONS
A. Preparation
All pleadings, motions, briefs and other papers shall be prepared in accordance with
the provisions of the Indiana Rules of Procedure.
B. Continuances and Enlargements of Time
All motions for continuance or enlargement of time (whether 1st, 2nd, 3rd, etc.) shall be
made in writing, shall state whether or not opposing counsel objects to the motion, and shall
state whether prior continuances or enlargements have been requested by either party, and
whether such prior request was granted. The Court may require any written motion for
continuance or enlargement of time to be signed by the party requesting the continuance.
C. Title of Motion
All motions for continuance or enlargement of time shall denominate in the title of
such motion whether it is the first, second, third, etc., motion for continuance or enlargement
of time;
e.g., Defendant’s Second Motion For Enlargement Of Time To File Answer.
D. Proposed Orders to Accompany All Motions
All motions seeking an Order of the Court shall be accompanied by a proposed Order
to be executed by the Court in granting the motion. Proposed Orders continuing a matter or
granting an enlargement of time shall not set forth the new date but shall leave the date blank
for the Court to complete. All motions and proposed Orders submitted to the Court shall
include a list of the names, addresses, and email addresses of all parties and persons to whom
the proposed Order shall be distributed. Date of the order shall be denoted by “Date: ” so
as to allow the Court to transcribe the appropriate date.
E. Certificate of Service
The Certificate of Service as required by Trial Rule 5 of the Indiana Rules of Trial
Procedure shall specifically set forth the names and addresses of the attorney(s), party(ies),
or representative(s) to whom the document has been sent.
LR89-AR21-017 SPECIAL JUDGE SELECTION IN CRIMINAL CASES
When the appointment of a special judge is required under Criminal Rule 12 of the Indiana
Rules of Criminal Procedure, or an order of disqualification or recusal is entered in a case, or
where a change of judge is granted pursuant to Indiana Post-Conviction Remedy Rules
1(4)(b), the provisions of this Rule constitute the exclusive manner for the selection of special
judges in circuit and superior courts in all criminal proceedings in Wayne County. The Clerk
of the Wayne Circuit and Superior Courts shall assign a successor judge from the remaining
Wayne County judges by random selection until no Wayne County Circuit or Superior Court
judge remains. If no Wayne County Circuit or Superior Court judge qualifies as special judge,
the Clerk shall assign a special judge, in sequence, from the following list of judges, all of
whom are within the administrative district within which Wayne County is a part, as set forth
in Administrative Rule 3(A), or are from a contiguous county and have agreed to serve as
special judge in the courts of Wayne County where the case is pending:
1. The presiding Judge of the Union Circuit Court;
2. The presiding Judge of the Henry Circuit Court 1;
3. The presiding Judge of the Henry Circuit Court 2;
4. The presiding Judge of the Henry Circuit Court 3;
5. The presiding Judge of the Fayette Circuit Court;
6. The presiding Judge of the Fayette Superior Court;
7. The presiding Judge of Franklin Circuit Court;
8. The presiding Judge of the Franklin Circuit Court No. 2;
9. The presiding Judge of the Randolph Circuit Court;
10. The presiding Judge of the Randolph Superior Court;
11. The presiding Judge of the Rush Circuit Court; and,
12. The presiding Judge of the Rush Superior Court.
The Clerk shall maintain such records as necessary to assure that selections are
rotated in the above sequence.
WAYNE COUNTY LOCAL RULES OF FAMILY LAW
Adopted By Wayne County Bar Association, Originally Effective October 30, 1997, Including
All Amendments, Approved Effective July 1, 2017
LR89-FL00-1 SCOPE AND TITLE
A. Scope. These Rules shall govern the procedure and practice of all family law and
domestic relations matters in the Wayne Circuit and Superior courts unless otherwise provided
by law or rules of the Supreme Court of Indiana. These Rules are in addition to and are not
intended to replace the Wayne County Local Civil Rules of Court. In the event of a conflict in
a family law or domestic relations matter, the Wayne County Family Law Rules shall apply.
B. Title. These Rules shall be known as the Wayne County Rules of Family Law and shall
be cited as LR89-FL00-1, et. seq.
LR89-FL00-2 ADMINISTRATIVE PROCEDURES
A. Advice of Time Required. Any filing requesting a hearing for relief shall include an estimate
of the time required.
B. Summary Hearing. All issues and evidence relevant to a provisional hearing may be
presented in summary fashion by each party, or by counsel, if represented. Summary provisional
hearings are set in fifteen minute intervals.
C. Submitting Proposed Decree and Agreement. When submitting a proposed final
Dissolution of Marriage Decree and Property Settlement and/or agreement Pertaining to
Children, the Agreement submitted shall also be submitted as an attachment to the proposed
Decree.
D. Bench Warrant. In order to obtain a bench warrant from the Court, a party must have
personal service on the adverse party and complete a bench warrant on copy service with sworn
testimony confirming actual notice to the adverse party.
E. Summons and Notice. In all relevant family law matters, the petitioner shall use the
form of Summons and Notice set forth in Appendix A.
F. Notifications. In all relevant family law matters, an instruction sheet on Parenting
Together to Keep Kids First and a cooperation notice sheet regarding cooperation in family law
cases are included with the Summons and Notice set forth in Appendix A and provided to pro
se filers. The green notice sheet is set forth in Appendix D.
LR89-FL00-3 SPECIFIC DISCLOSURE REQUIREMENTS
Prior to any provisional hearing or within thirty days after service of any petition seeking relief
in any family law matter, whichever shall first occur, each party shall provide the Court and the
opposing party with written notice of any other pending legal proceeding in which such person
is a party wherein the other pending legal proceeding involves an issue or allegation of domestic
violence, spousal abuse, child abuse, protective order, restraining order, Child(ren) in Need of
Services, Termination of Parent-Child Relationship, Juvenile Delinquency, or any criminal
charges. The written notice should include the cause number of the legal proceeding,
identification and location of the Court, names of the parties involved, and a brief summary of
the nature of the legal proceeding.
LR89-FL00-4 COOPERATION IN FAMILY CASES
A. Liberal Construction and Application.
1. The Courts of Wayne County are committed to a cooperative model for the
handling of family cases by parents, attorneys, and judges. This Rule will be
liberally construed and applied to serve the healthy and child-sensitive
functioning of families.
2. “Family Cases” are defined as all marital dissolution or separation cases,
paternity and other JP cases, contested adoption cases, and guardianship cases,
including post- dissolution, post-paternity and post-JP cases, and the like, to
include modification and contempt cases or rule to show cause cases.
3. The adoption of this Rule is not intended to affect lawyers’ duty to act with
reasonable diligence and promptness in representing a client. See Indiana Rule
of Professional Conduct 1.3 and its commentary.
B. Case Captioning and Usage of Terms
1. Family cases shall be captioned as “Petitioner and Mother,” “Petitioner and
Father,” “Respondent and Mother,” “Respondent and Father,” “Original
Petitioner and Mother,” “Original Petitioner and Father,” “Original Respondent
and Mother,” “Original Respondent and Father,” and the like, and shall not be
designated as “Petitioner” or “Respondent” only, except as otherwise provided
hereinbelow. Parties shall be designated according to their family role; e.g.,
Mother, Father, Husband, Wife, Maternal Grandmother, Paternal Grandfather,
Former Husband, Former Wife, Putative Father, and the like, The party filing
the initial petition at the very commencement of the initial case shall be named
first throughout all filings.
2. In Family Cases involving same sex partners, the parties may choose to use the
terms “petitioner” and/or “respondent” only.
3. Use of the term “Petitioner” and “Respondent” shall not be used in the body of
a pleading in a Family Case nor in any court hearing. Only terms identifying the
parties’ family roles, as designated in the case caption, shall be used in the body of a
pleading or in any court hearing in a Family Case, except in a Family Case where the
parties are same sex partners and choose to use the terms “Petitioner” and “Respondent”
only.
C. Duties of Attorneys and Parties in Family Cases.
1. Attorneys and parties in family cases shall be responsible to act with the Courts
as co- problem solvers, not mere problem reporters.
2. The Courts expect all parties and attorneys to consistently observe:
a. personal responsibility by acting on one’s own opportunities to solve
problems and improve circumstances rather than merely reporting on the
alleged fault in others,
b. cooperation by sensibly defining and pursuing the best interests of all
family members,
c. courtesy by constant observance of respectful language and behavior, and
d. focused attention on children’s needs including an awareness that parent
conflict is gravely dangerous to children. As a result, attorneys shall not
meet with and/or interview any child or children who are the subject of a
Family Case.
3. Attorneys appearing in family cases shall (a) furnish their family clients with a
copy of this Rule or obtain a written certification signed under oath by the family
law client that the attorney has reviewed and thoroughly discussed the Wayne
County Rules of Family Law with him/her and that the client understands the
requirements of cooperation as a part of these Rules; and, (b) assist them in fully
understanding and observing its provisions.
D. Website Work.
1. In marital dissolution and separation cases, involving one or more children under
the age of nineteen (19) years on the date of their initial petition; in actions where the
IV- D Prosecutor’s Office brings an original action to establish paternity or for child
support and/or medical support; and in other juvenile paternity original actions involving
child support, child custody, or medical, parents shall complete the website work on
www.UpToParents.org, and shall take their completed work to the parenting class
required under LR89-FL00-8, any and all case-related appointment, court
hearing, mediation, or the like. The Judge, in his or her complete discretion, may
waive completion of such website work or the class referred to at LR89-FL00-8.
Parents open to the possibility of reconciliation may substitute the work from
www.WhileWeHeal.org.
2. Parents shall merge their chosen Commitments from their website work into a
set of Agreed Commitments, review those Agreed Commitments, and take
copies of them to any hearing or other case-related appointment.
3. The website work and class shall be completed promptly but within forty-five
days of the filing of the Petition, unless leave of court is granted.
4. The Agreed Commitments and other result generated as a result of the website
work shall be inadmissible and unenforceable in the event litigation is required.
The purpose of the website work is to generate a culture of co-parenting for the
long-term benefit of families.
5. The Court for good cause shown may order a waiver of completion of the website
work and class.
E. Protocols for Motions and Hearings In Family Cases
1. In Family Cases, parties and counsel shall make every reasonable effort to
resolve problems by reaching agreements that serve the best interests of all family
members and should appear in court on contested matters only in rare circumstances after
every reasonable effort to resolve problems has been made.
2. In Family Cases, except in instances where it would be dangerous or otherwise
unreasonable to do so, counsel and parties without counsel shall use good-faith personal,
or telephonic, and/or electronic consultation to resolve any issue before seeking relief
from a court. In that mandatory consultation, counsel, and/or parties without counsel, shall:
a. attempt to resolve the matter at issue;
b. discuss, and make a list of, the resources they believe the parents could
use to resolve current and future issues and to build cooperation (separate
lists shall be made if a joint list is not agreed on);
c. if previously ordered by the Court, confirm that the parents (i) have
completed the website work referred to in paragraph D, (ii) have merged
their chosen Commitments into a set of Agreed Commitments, and (iii)
will review and bring their Agreed Commitments and any other website
work to any upcoming case related appointment;
d. confirm that each parent has completed the assigned parenting class; and
e. discuss what the Court can do to assist the parents in reaching further
agreements.
3. All petitions and motions, except initial filings, filed by counsel and parties without
counsel, including motions of any type or character for contempt or rule to show cause,
shall include a Certificate of Cooperation in the form prescribed by Appendix C of these
Rules and shall, at a minimum, confirm compliance with each of the requirements in
paragraph E(2) in addition to those matters set forth in Appendix C. The Certificate of
Cooperation may also include additional matters that a party or counsel believes would be
helpful to the Court in acting as a problem solver and generating a culture of co-parenting
for the long-term benefit of families.
A Certificate of Cooperation is required in all cases designated as DN (domestic
relations, no children), DC (domestic relations with children), JP (juvenile paternity), or
RS (reciprocal support) involving child custody, child support, parenting time, insurance
and/or health benefits for a child, tax dependency claims, and mental health and/or
counseling for a child, including any request for a modification of such provisions or a
finding of contempt with respect to such provisions.
4. To the extent that the filing date of a particular petition or motion triggers certain
rights and obligations, strict compliance with subsection E(2) may be excepted so long
as the moving party indicates that a Certificate of Cooperation is not included in said
petition or motion due to the importance of the filing date and can demonstrate to the
court’s satisfaction that such importance overrides the requirement of filing a Certificate
of Cooperation. It will be the exception and not the rule that such temporary exemption is
permitted. In such cases, the moving party shall be required to comply with subsection
E(2) and file a Cooperation Update within seven days of the date of filing.
5. Failure to comply with this section may result in the denial of relief or hearing
until compliance is ensured.
F. Status Conferences.
1. A status conference may be requested at any time. The moving party shall
provide with his/her initial pleading a proposed Order for Status Conference, leaving the
date and time blank.
2. Any request for a status conference shall comply with subsections E(2) and E(3)
above. Said request shall further indicate the moving party’s proposed agenda for such
status conference.
3. The chief purposes of status conferences will be (a) for attorneys (and parties
without attorneys) to report on progress in reducing conflict, building cooperation,
preserving family relationships, and responding to the needs of the children, (b) for
families, where required, to be referred for any necessary help, and (c) for attorneys (and
parties without attorneys) to report on discovery issues.
4. Parties or their attorneys shall consult in advance of the status conference and
present suggestions for the future course of the case that would serve the best interests
of all family members.
5. Additional status conferences may be requested whenever parties or counsel
believe they would be helpful in reducing conflict, building cooperation, preserving
relationships, or protecting children.
G. Additional Assistance to Families.
1. At any time parties need resources to reduce conflict, build cooperation, preserve
family relationships, or respond to the needs of their children, they and their attorneys, if
any, should make arrangements to find the resources that could help them.
2. If parents nevertheless continue to have conflict and appear in court without an
agreement about the resources they will use, the Court may select the resources the
parents will be ordered to use.
H. Requests for Trial Settings.
1. Requests for trial settings or hearings that are reasonably anticipated to take at
least thirty (30) minutes or more of court time shall be requested in writing and shall:
(1) provide that no continuance will be requested for discovery or other purpose
reasonably anticipated at this time; (2) the amount of time being requested; and, (3) the
unresolved issues to be heard by the court. A Certificate of Cooperation shall be completed
and filed with all requests for trial settings or hearings that are reasonably anticipated to
take at least thirty (30) minutes or more of court time.
I. Enforcement.
1. Courts may use, at their discretion, the variety of enforcement mechanisms
available, including but not limited to the award of attorney’s fees and sanctions,
available to them in the traditional system.
J. Effective Date.
1. This Rule shall apply to all filings, in both new and pending cases, as of the
effective date of the entirety of these Rules.
Commentary
Family cases of all sorts (see LR89-FL00-4(A)(2) above) must be handled in ways that reduce
conflict, build cooperation between parents, and protect children. The Courts of Wayne County
will expect parties and attorneys to give consistent attention to those ends and will liberally
construe and apply this Rule to serve those ends.
This Rule provides nine measures to promote the cooperation necessary to serve the best
interests of all family members involved in family cases.
Cases will be captioned and parties will be designated in ways that better convey everyone’s
duty of cooperation. See paragraph B.
Attorneys and parties will be expected to consistently observe personal responsibility,
cooperation, courtesy, and focused attention on children’s needs. See paragraph C. Parties
shall be referred for website work. See paragraph D.
In matters involving minor children, before filing motions or pleadings, attorneys and
unrepresented parties are required to have a personal consultation with the other attorney or
unrepresented party to resolve the pending issues before filing motions or pleadings. Motions or
Pleadings filed must include a Certificate of Cooperation to demonstrate that the required consultation
has occurred. The Certificate of Cooperation is designed to be an effective tool for the Court to determine
how well the parties are communicating and being effective parents. It is designed to assist the court in
determining what resources can be used to get cooperation from the parties and what is needed to make
them better communicators and effective parents or family members. It is not to be used to disparage the
other party or to, in any way, act as a sword against the other party. An initial filing, be it a petition
for dissolution of marriage, petition for modification or the like, need not include a Certificate of
Cooperation. It is believed that the timing is such that a Certificate of Cooperation need not be filed
at the outset of the matter, other than with a petition for contempt or rule to show cause. Parties
shall bring their merged Worksheets to all case-related appointments See paragraph E.
The Courts may hold status conferences to hear counsel’s suggestions for helping families
cooperate and function better. Parties without attorneys may also request and/or participate in
status conferences. See paragraph F.
Requests for trial settings must be in writing and include a statement that no continuance will
be requested, the amount of time requested for the hearing or trial, and the unresolved issues to
be heard by the court. A Certificate of Cooperation must also be included in the motion requesting
the hearing or trial. See paragraph H.
This Rule and the enforcement thereof appear contradictory. However, the benefits of the overall concepts
contained in this Rule, as well as the recognized and hoped long term advantages of implementing such a
process, render its enforcement of vital importance, as families in conflict do not always fit well into the
mold of the traditional adversary system. Nevertheless, it must be recognized that an attempt to reshape the
model within which family law cases have traditionally occurred will require, on occasion, the use of those
enforcement mechanisms which do not fall within a model of cooperation. See paragraph I.
LR89-FL00-5 PROVISIONAL HEARINGS
A. In Non-Dissolution of Marriage Cases. The Court shall have the discretion to hold
provisional hearings in non-dissolution of marriage cases and may grant relief where
appropriate.
B. Child Support Worksheet. All Motions for Provisional Order seeking child support or
a modification thereof shall be accompanied by a proposed Child Support Obligation
Worksheet.
C. Cooperation. In provisional motions which involve minor children accompanying an
initiating pleading, strict compliance with LR89-FL00-4 is not required; however, the
moving party, including such party’s attorney, shall make reasonable efforts at resolving
all provisional issues with the non-moving party, whether or not represented by Counsel,
after service of said initiating pleading and prior to the scheduled hearing.
D. Time Allotted and Nature of Proceedings. Provisional hearings shall be held in
summary fashion and shall be scheduled in fifteen-minute increments, unless either party
has indicated in his/her Motion for Provisional Hearing or Response thereto that
additional time is required.
Such indication that additional time is required further constitutes a waiver of the
twenty-one (21) day scheduling requirement. In general, provisional hearings shall
be held in court chambers off the record. Either party may request in his/her Motion
for Provisional Order that the proceedings be held on the record, which further
constitutes a waiver of the twenty-one (21) day scheduling requirement. The Court
shall have the discretion to grant or deny in whole or in part a request for an on-the-
record evidentiary hearing exceeding fifteen minutes in length.
E. Attorney’s Fees. Provisional attorney fees may be awarded at the Court’s discretion in
accordance with LR89-FL00-18.
F. Preliminary Appraisal, Evaluator, and Accountant Fees. Appraisal,
evaluator, or accounting fees may be allocated based on the following factors:
1. Itemized list of property to be appraised or valued (e.g., Defined benefit
pension, business interests, business real estate, furnishings, vehicles, etc.).
2. An estimate of the cost of the appraisals and the basis therefore.
3. The amount of a retainer required and the reason an expert is necessary.
4. Whether the parties agree to a specific appraiser, evaluator, or accountant.
G. Provisional Child Support Orders. There is hereby created a rebuttable presumption
that provisional child support orders shall be made retroactive to the first Friday
following the date of filing of a written request for a provisional child support order. Such
presumption may be rebutted upon a showing that such retroactivity is inappropriate
under the facts of a particular case.
H. Exchange of Necessary Documentation. Before the scheduled provisional hearing, the
parties as promptly as possible shall exchange documentation of all year-to-date income
(usually satisfied by the party’s three most recent paystubs), whether there are
subsequently born children, documentation of an order or duty of support for prior born
children, documentation of maintenance paid, documentation of work-related child care
expenses, documentation of the weekly cost of health insurance for the minor children,
and a proposed child support obligation worksheet.
LR89-FL00-6 ORDERS EXCLUDING A SPOUSE FROM THE RESIDENCE
A. Eviction without Notice. A Restraining Order without notice pursuant to Ind. Trial Rule
65 which would evict a spouse from the marital residence may be issued only upon the following
bases:
1. Strict compliance with Ind. Trial Rule 65;
2. Alleged specific facts indicating more than a generalized fear of an adverse
action; and,
3. Credible evidence of actual or threatened physical abuse sufficient to find a
risk of imminent danger.
In addition to the above, the moving party is physically available to testify unless there is a
showing of exceptional circumstances precluding his or her availability and the moving party
certifies to the Court the reasons supporting the claim why notice cannot be given.
The Court may also consider any other relevant social or economic factors including whether
either party has a reasonable alternative residence pending hearing on the provisional motion(s).
In those circumstances where the Court allows a party to be heard ex parte on the record and
finds an emergency exists justifying issuance of an eviction order, the cause shall heard within
ten days with notice to all parties. Such an order shall, by its own terms, terminate effective the
date and time of the hearing, unless extended by the Court after hearing evidence thereon.
Furthermore, such an order shall terminate at the expiration of ten days from the date of said
order if no hearing is held prior thereto.
B. Order. If an Order granting exclusive possession of the marital residence to one spouse
is entered by the Court without hearing under this Rule, such Order shall contain the following
language: “The is hereby restrained from entering marital residence located at
and the Wayne County Sheriff’s Department, Richmond Police
Department, or other appropriate law enforcement agency shall use all reasonable force,
including arrest, to remove a party from the premises upon presentation of such an Order.”
C. Extraordinary Remedy. Any orders issued ex parte hereunder shall be considered an
extraordinary remedy and should be considered only in emergency circumstances.
LR89-FL00-7 FINANCIAL DECLARATION FORM
A. Requirement. In Family Cases which may reasonably involve issues of child support,
spousal maintenance, and/or allocation of assets and debts, each party shall prepare and
exchange, respectively, within forty-five days of the initial filing of the action or within
thirty days of the filing of any post-decree matters, a Financial Declaration Form (see
Appendix B). These time limits may be extended or shortened by court order for good
cause shown. With respect to post-decree modification actions and non-dissolution of
marriage cases, only Page 1 and the signature verification need be completed.
B. Exceptions. The Financial Declaration Form need not be exchanged if:
1. the parties agree in writing to waive exchange;
2. the parties have executed a written agreement which settles all financial issues;
3. the proceeding is one in which the service is by publication and there is no
response; or
4. the Court otherwise waives such requirement.
C. Admissibility. Subject to specific evidentiary challenges, the Financial Declaration
Form shall be admissible into evidence.
D. Supporting Documents. For the purpose of providing a full and complete verification
of assets, liabilities and values, each party shall attach to the Financial Declaration Form
all information reasonably required and reasonably available. This shall include recent
bills, wage and tax records, bank records, pension and retirement account information,
and mortgage account records. The term “reasonably available” means that material
which may be obtained by letter accompanied with an authorization, but such term does
not mean material that must be subpoenaed or is in the possession of the other party.
Appraisals of real estate or personal property, or pension valuations are not required.
However, the Court may direct that an appraisal or valuation be obtained, just as it may
designate the appraiser or valuator. The Court may require either party to supplement
the Financial Declaration Form with appraisals, bank records, and other evidence to
support the values set forth in the Form.
E. Financial Declaration – Mandatory Discovery. The exchange of Financial
Declaration Forms constitutes mandatory discovery. However, Indiana Trial Rule 37
sanctions do not automatically apply. In the event that a party does not timely submit his
or her fully completed Financial Declaration Form and reasonable efforts have been made
to informally resolve any such dispute, the party seeking compliance may file a Motion
to Compel and [if desired] for Sanctions. If such Motion is granted, the Order shall set a
deadline for compliance and schedule a hearing on potential sanctions. At said hearing,
the Court may take into consideration the noncompliant party’s compliance with the
Order to Compel in determining whether to award sanctions to the moving party.
Additionally, pursuant to Indiana Trial Rule 26(E)(2) and (3), the Financial Declaration
Form shall be supplemented if information changes or is added or if additional material
becomes available.
Any additional discovery such as Requests For Production, Interrogatories, or
Depositions of the parties to the action shall not commence until the Financial
Declaration Forms has been exchanged; provided, however, that if a party’s
noncompliance has resulted in the filing of a Motion to Compel, the moving party
may move forward with additional discovery reasonably necessary to obtain the
information sought. Any further discovery shall not seek to obtain information
already obtained by the Financial Declaration Form.
F. Privacy – Sealing Of Financial Declaration Form. Whenever the interest of privacy
so requires, the Court may, upon proper Motion, direct that the Financial Declaration
Form(s) be sealed until further order of the court. However, such request(s) shall not be
made as a matter of course. When ordered sealed, the Court Reporter shall place the
Financial Declaration Form(s) in a flat manner in an envelope of sufficient size, seal the
envelope, and affix a copy of the Order directing that the Financial Declaration Form(s)
be placed under seal. Financial Declaration Form(s) may be withdrawn at the conclusion
of the case on such terms as the Court may allow.
G. Clerk To Provide Notice Upon Filing. Upon the pro se filing of any Family Case
referred to in LR89-FL00-7(A), the Clerk shall provide to the moving party upon filing
a Notice of the requirement of this Rule. Such Notice shall be in a form substantially as
follows: “You are advised that each party is required to provide to the other party or his
or her legal counsel, if applicable, a fully completed Financial Declaration Form with all
required attachments within forty-five days of the filing of such petition/motion or, in
the case of a post-decree petition/motion, within thirty days.
You are further advised that copies of the Financial Declaration form may be obtained
at the Clerk’s Office, located on the Second Floor of the Wayne County Courthouse,
301 East Main Street, Richmond, Indiana.
Failure to timely provide a fully completed Financial Declaration Form with all required
attachments may result in sanctions being entered against the party failing to comply with
this Rule.”
LR89-FL00-8 PARENTING CLASS
A. Attendance at Class. Before final hearing is scheduled on any Family Case other than
guardianship and adoption cases, each party must attend not less than one parenting class
session as designated by the Wayne County Circuit and Superior Courts. The Wayne County
Clerk of Courts shall distribute an informational flyer, provided to it by the judges, which
discloses the name and location of the class, as well as the telephone number to call to
schedule the class. Said flyer shall also provide for the cost and any prerequisite rules made
by the moderator of such class.
B. Certificate. The moderator of each session will provide each attendee with a
certificate of attendance, unless waived, which must be filed with the Court’s Clerk
prior to the Court’s granting the Petition or Motion in such Family Case (except
guardianship or adoption).
C. Payment. Each party is responsible for payment of the cost of that party’s
participation unless the court waives the fee in rare circumstances.
D. Waiver. In those limited circumstances where it is apparent that a party’s compliance
with this rule cannot be compelled or is otherwise unnecessary, upon motion, the Court
may grant a waiver of its application.
E. Motion to Compel Attendance. If one party has failed to attend the class as required,
the complying party may file a Motion to Compel Attendance with the Court
requesting that the Court enter an Order requiring the opposing party to attend the class
by a date certain or be subject to contempt of Court. Appropriate sanctions may
include, but shall not be limited to, attorney’s fees, incarceration, or a finding that
parenting time by said party might endanger the child(ren)’s physical health or
significantly impair the child(ren)’s emotional development justifying a restriction on
parenting time in accordance with Ind. Code 31-17- 4-1 or Ind. Code 31-14-14-1.
F. Additional Attendance at Class May Be Required. The Court may order
additional attendance at the parenting class at any time as it in its sole discretion
deems appropriate.
LR89-FL00-9 MEDIATION
No final hearing in a Family Case which is anticipated to take more than thirty (30) minutes of
court time shall be set without the parties having first submitted a Notice to the Court that they
have engaged in mediation, either formal or informal, within the last six months regarding the
matters to be set for hearing. “Formal mediation” is such mediation as contemplated by the Rules
of Alternative Dispute Resolution.
“Informal mediation” is intended to include any face-to-face meeting between the parties,
whether such meeting includes attorneys only or the involvement of the parties who may or may
not be separated, depending on the circumstances. In the event the parties cannot agree as to a
location for informal mediation, such informal mediation shall be conducted in Wayne County,
Indiana. The Court shall have the discretion to order parties to formal mediation even if they
have certified to the Court that informal mediation was unsuccessful.
LR89-FL00-10 PARENTING TIME ORDERS
The phrase “reasonable parenting time,” if not specifically defined in the Court’s order, is
defined as the parenting time schedule outlined in the Indiana Parenting Time Guidelines.
Parenting time orders may be informally adjusted by agreement of the parties without Court
order to accommodate the needs of the family; however, intended long-term formal
modifications should, to protect all parties, be reduced to writing and submitted to the Court by
Petition or Stipulation and approved by the Court to become binding.
LR89-FL00-11 CHILD CUSTODY AND PARENTING TIME: REFERRALS
FOR INVESTIGATION AND REPORT; GUARDIANS AD
LITEM
A. Motion. On motion of either party with the approval of the Court, or on the Court’s own
motion, contested matters involving child custody and/or parenting time may be referred to
appropriate sources for investigation and report to the Court including Custodial Evaluators and
Guardians Ad Litem.
B. Admissibility. Subject to the provisions of Ind. Code § 31-17-2-12, all custodial
evaluator reports or guardian ad litem reports which are court-ordered regarding custody and/or
parenting time shall be admissible into evidence on the motion of either party without the
evaluator needing to be present at the hearing. No part of this Rule is intended to supplant the
right of either party to compel the attendance of the evaluator or other witnesses as set out in
Ind. Trial Rule 45.
C. Physical and Mental Examination. In all contested Family Cases involving child
custody or visitation, the provision of Ind. Trial Rule 35 providing for the physical or mental
examinations by a physician shall be extended to include examination and evaluations by a
psychologist, therapist or other qualified evaluator upon order of the Court.
D. Parenting Coordinators. At the discretion of the Court and subject to availability, the
Court may appoint parenting coordinators when appropriate pursuant to Section V of the Indiana
Parenting Time Guidelines.
E. Guardians Ad Litem. At the discretion of the Court and subject to availability, the
Court may appoint guardians ad litem to protect the best interests of the child(ren). The appointed
guardian ad litem shall have the authority to interview and observe the child(ren), parents, other
family members, significant others, and other persons that may have information relevant to
the best interests of the child. The appointed guardian ad litem shall also have the authority to
interview law enforcement, physicians, nurses, medical support staff, therapists, counselors,
teachers, babysitters, daycare persons, and other expert and skilled witnesses with information
regarding the child(ren), parents, guardians, custodians, or others in the life of the child(ren).
The guardian ad litem at his/her discretion may conduct a home study or other review of the
child’s home and/or surroundings and do all other things that he/she deems appropriate and
useful in making an investigation and considering the time restrictions involved in the matter.
The guardian ad litem may also prepare and file interim or final reports as to his/her findings
and recommendations as he/she deems appropriate or as ordered by the court. The Court in its
discretion may appoint an attorney for the guardian ad litem in the case upon its own motion or
at the request of the guardian ad litem.
F. Report of the Guardian Ad Litem Confidential. Any report of the guardian ad litem,
whether interim or final, is confidential and shall not be shown or its contents divulged, directly
or indirectly, including by way of Facebook, email, text message, Twitter, Snapchat, other
social media, blogs, podcast, radio, television, or by any other application or method, to the
child, family member, or any other person. This Rule shall not in any manner prohibit the
party’s attorney from discussing the report with the party in detail. The report shall be
designated as “Confidential.”
G. Cooperation with Guardians Ad Litem. The parties at all times shall cooperate with
the Guardian Ad Litem in his/her investigation and shall not in any manner hinder or attempt
to hinder the investigation of the guardian ad litem appointed in a case. Failure to meet with
the guardian ad litem as requested or to cooperate with the guardian ad litem may result in a
negative report and/or the reporting of such failure to cooperate to the court. An attorney
representing a party in a case in which a guardian ad litem has been appointed shall at all times
encourage the utmost cooperation with the guardian ad litem.
H. Fees. There shall be a rebuttable presumption that the parties shall equally share the cost
of any such referral ordered herein. Factors the Court may consider to deviate from an equal
split of said fees include but are not limited to income disparity equal to or greater than 65%-
35%, whether the referral provided the Court with information beneficial to the family as a
whole, and whether the referral provided information confirming the moving party’s position.
The Court Order appointing a Parenting Coordinator may at the discretion of the Court provide
that the Parenting Coordinator may re-allocate the split of costs and fees between the parties if,
in the discretion of the Parenting Coordinator, one of the parties is requiring more time and
resources of the Parenting Coordinator and/or is being unreasonable. The parenting
Coordinator shall advise the parties in advance of his/her intent to re-allocate the split of costs
and fees. If either party disagrees with and objects to such re-allocation, the objecting party
may within fifteen (15) days of the announced re-allocation seek a review by filing a written
objection with the court.
I. Termination of Guardian Ad Litem Appointment. Upon the entry of final Decree of
Dissolution of Marriage, Legal Separation, Paternity, or Order of permanent modification of
any custody, parenting time, and/or child support Order, the appointment of the Guardian Ad
Litem shall be deemed terminated unless otherwise ordered by the Court.
LR89-FL00-12 REQUIREMENTS BEFORE APPOINTMENT OF
CUSTODIAL EVALUATOR AND/OR PARENTING
COORDINATOR (NOT APPLICABLE FOR
APPOINTMENT OF GUARDIAN AD LITEM)
All requests for the appointment of a custodial evaluator and/or a parenting coordinator must be
(1) in writing, (2) certify that both parties and their counsel, if any, have engaged in at least one
good faith attempt to resolve the issues through the use of a settlement conference or mediation
and also certify the following:
A. both parties have completed any mandatory website work required by LR89-FL00-4(D);
B. both parents have completed any mandatory co-parenting class required by LR89-
FL00- 8;
C. both parties have exchanged their merged Worksheets of any mandatory website
work as required by LR89-FL00-4(D);
D. both parties and their attorneys, if any, have engaged in at least one good faith
attempt to resolve the issues through the use of a settlement conference or
consultation; and
E. a Certificate of Cooperation pursuant to LR89-FL00-4(D) and in the form of Appendix
C to these Rules is included with the request for the appointment of a custodial
evaluator or parenting coordinator.
Commentary: Custody evaluations and, to a lesser degree, appointments of parenting
coordinators, are sometimes divisive and produce less, rather than more, cooperation between
parents. As a result, custody evaluations and appointments of parenting coordinators will be
reserved for cases where one or both parents lack the capacity to safely resolve the issues they
face. No custody evaluation or appointment of a parenting coordinator will be ordered or
conducted unless reasonable cooperative measures have been attempted, such as co-parenting
education, counseling, and mediation.
LR89-FL00-13 CONTACT WITH CUSTODIAL EVALUATORS,
PARENTING COORDINATORS, AND GUARDIANS AD
LITEM/COURT APPOINTED SPECIAL ADVOCATES
A. Contact with Custodial Evaluators. In the event a custodial evaluation is ordered by
the Court, the Court shall direct the parties to contact the custodial evaluator to arrange for an
appointment with the custodial evaluator. Other than making contact with the office of the
custodial evaluator to arrange for the client’s appointment with the custodial evaluator, counsel
shall not initiate contact or otherwise communicate with the custodial evaluator until the
custodial evaluator’s report has been issued. Prohibited contact or communication shall include
the sending of school records, medical records, affidavits, reports, or any other type of written
record by the attorney to the custodial evaluator. Information which may be requested by the
custodial evaluator shall be delivered or otherwise presented to the evaluator by the party and
not counsel.
In the event the custodial evaluator should contact counsel before the evaluator’s report has
been issued, such fact should be promptly conveyed to opposing counsel indicating the specific
dialogue between counsel and the custodial evaluator. Following the issuance of the evaluator’s
report, the evaluator shall be deemed a witness and counsel shall be permitted ex parte
communication with the evaluator at counsel’s/client’s expense.
Whenever a Court orders a custodial evaluation the Court shall attach a copy of this Rule to its
order and shall have the Clerk distribute such order and attached Rule to the designated custodial
evaluator.
B. Contact with Parenting Coordinators, Guardians Ad Litem/Court Appointed
Special Advocates. In the event a Parenting Coordinator, Guardian Ad Litem/Court Appointed
Special Advocate is appointed by the Court, the parties’ attorneys shall not communicate with
said Parenting Coordinator, Guardian Ad Litem/Court Appointed Special Advocate unless said
communication includes all other parties to the cause of action. In the event such inclusion is
not feasible, the fact that there was communication and the nature thereof shall be disclosed to
all other parties within seven days of such communication.
C. No Contact with Children. Attorneys shall not have contact with the child(ren)
involved in a Family Case, whether or not a custodial evaluator, parenting coordinator, or
guardian ad litem has been appointed, without first having an order of the court authorizing
such contact.
LR89-FL00-14 CHILD SUPPORT GUIDELINES
A. Worksheet Required. In all Family Cases involving child support, each party shall file
with any settlement, or submit to the Court at any hearing or trial, an Indiana Child Support
Obligation Worksheet(s) – one or more depending upon the facts. In any request for provisional
order that contemplates any order for child support, a Child Support Obligation Worksheet -
with as much supporting documentation as can reasonably be obtained at the time such as a
recent pay stub and/or an explanation in the body of the Motion as to how the figures were
computed - shall be attached to either the Motion for Provisional Order or Affidavit in Support.
A response Child Support Obligation Worksheet - with as much supporting documentation as
can reasonably be obtained at the time such as a recent pay stub and/or an explanation in the
body of the Motion as to how the figures were computed - shall be provided to the other party
or to opposing counsel, as the case may be, at least forty-eight hours prior to the provisional
hearing, unless reasonable circumstances prevent doing so, and then such Child Support
Obligation Worksheet shall be provided to the other party or to opposing counsel at the earliest
opportunity. Child Support Obligation Worksheets shall be promptly supplemented if changes
occur prior to trial. Child Support Obligation Worksheets intended to be introduced at trial or
final hearing shall be exchanged by the parties or counsel, along with supporting documentation,
at least seven days prior to trial.
B. Support Settlement Agreements. If an agreement concerning support provides any
deviation from the Guidelines, the parties shall present to the Court a written explanation, with
supporting documentation, justifying the deviation. The proposed Order shall specifically state
that the Court is deviating from the Child Support Guidelines and set forth the reasons for such
deviation.
C. Required Language. All Orders requiring the payment of child support shall include
the following language:
“In the event that an Income Withholding Order is in place and has been activated,
child support shall be paid to the State Central Unit and sent to: State Central
Collection Unit, Post Office Box 6219, Indianapolis, Indiana, 46206-6219. Payments
shall include the Cause Number of this case which is, the
ISETS number which is, and the last four digits of the payer’s social
security number. In the event that an Income Withholding Order is not in place or has
not yet been activated and child support is being paid directly, payments shall be paid
by Money Order to the State Central Collection Unit, Post Office Box 7130,
Indianapolis, Indiana, 46207-7130. Payments shall include the cause number, ISETS
number, and last four digits of the payer’s social security number, all referenced
above. Payment to the Indiana State Central Collection Unit is the preferred method of
child support payment and collection. However, the Clerk will accept walk-in
payments of cash only. Payments shall include the cause number, ISETS number, and
last four digits of the payer’s social security number, all referenced above. The payer
shall retain a copy of the Clerk’s receipt. The payer shall also pay an Annual Support
Fee as may be required by law so long as any child support order shall be in effect.
The payee shall complete a Child Support Recipient Sheet with the Clerk’s Office in
order that support may be properly received.
D. Income Withholding Order Required. In all proceedings involving child support, an
Income Withholding Order shall be submitted with any Settlement Agreement or Final Decree
as may be required by statute or the parties shall:
1. Submit a written agreement providing for an alternative child support
arrangement; or,
2. Provide within the proposed Decree that “the Court determines that good cause
exists not to require immediate income withholding” and stating the specific reasons
therefore.
LR89-FL00-15 MODIFICATION OF POST-DECREE CHILD SUPPORT ORDERS
There is hereby created a rebuttable presumption that modification of post-decree child support
orders shall be made retroactive to sixty days following the filing of the petition for
modification.
In cases where a change of child custody is involved, there shall be a rebuttable presumption
that modification of post-decree child support orders shall be made retroactive to the date of
filing of the petition for modification or the date of the de facto change in custody, whichever
is later.
LR89-FL00-16 PRETRIAL PROCEDURE
A. Setting of Pretrial Conference The Court may set a pretrial conference at any
time. In addition, any party may file a request for a pretrial conference by filing a motion.
Such request shall include a statement that mediation as required by these Rules has been completed or is
scheduled and shall set forth the date and method of mediation, whether formal or informal and shall
include a Certificate of Cooperation.
B. Pretrial Statement Required At least forty-eight (48) hours prior to the pretrial
conference each party shall file a Pretrial Statement in the form and manner as required by
LR89- TR16-010 of the Wayne County Rules of Civil Procedure. In addition, the Pretrial
Statement shall include a Certificate of Cooperation.
C. Failure to Timely File Pretrial Statement In the event one or more parties fail to
timely file a Pretrial Statement as required by this Rule, the Court may cancel the pretrial
conference and/or hearing or trial, enter appropriate sanctions against the party or attorney
failing to timely file the Pretrial Statement, or take such other action as the Court deems
appropriate.
LR89-FL00-17 AGREED ENTRIES
An agreed entry shall not be approved by the Court without a Petition or Stipulation having first
been filed. A Petition or Stipulation for Agreed Entry shall specifically set forth the basis and
reasons for such Petition or Stipulation which meets the statutory requirements for the same.
LR89-FL00-18 EXHIBITS
In all family law cases, trial exhibits for the originally initiating party shall be marked as
numbers and trial exhibits for the originally responding party shall be marked as letters.
LR89-FL00-19 FEES
A. Attorney Fees. Attorney fees may be awarded based on evidence presented by way of
Affidavit (or oral testimony if the Court shall allow) at the final or other hearing. The Affidavit
shall include an itemized statement of the requested fee. Affidavits shall be admissible into
evidence by the Court. The following factors may be considered and should be included in any
Affidavit submitted to the Court:
1. The number and the complexity of the issues (e.g., custody dispute,
complex asset valuation.
2. The nature and extent of discovery and the parties’ cooperation therewith
(or lack thereof).
3. The time reasonably necessary for the preparation for or the conduct of
contested preliminary matters or final hearings.
4. The extent to which either party encouraged or discouraged settlement
without protracted litigation.
5. Other matters requiring substantial expenditure of attorney’s time.
6. The attorney’s hourly rate.
7. The amount counsel has received from all sources.
8. The ability of the opposing party to pay the requested fees and the disparity of
income between the parties.
The Court shall have the discretion to award no, partial, or full attorney’s fees.
B. Contempt Citation Attorney Fees. There shall be a rebuttable presumption that
attorney fees will be awarded to the prevailing party in all matters involving a contempt citation.
LR89-FL00-20 TERMINATION OF REPRESENTATIVE CAPACITY
A. Representative Capacity Terminated. Upon the entry of final Decree of Dissolution
of Marriage, Legal Separation, Paternity, or Order of permanent modification of any custody,
parenting time and/or child support Order, the representative capacity of all attorneys appearing
on behalf of any party shall be deemed terminated upon:
1. An order of withdrawal granted pursuant to local rule;
2. The expiration of time within which an appeal of such Order may be preserved or
perfected pursuant to the Indiana Rules of Trial Procedure and/or the Indiana Rules
of Appellate Procedure; or
3. The conclusion of any appeal of such Order commenced pursuant to Indiana Rules of
Trial Procedure and/or the Indiana Rules of Appellate Procedure.
The failure of the Clerk of Wayne County to remove the appearance of such attorney from the
Chronological Case Summary upon the occurrence of one of the above shall not affect the
application of this Rule. However, notwithstanding this Rule, it is strongly recommended that
the attorney file a Motion to Withdraw Appearance at the conclusion of the matter for which the
attorney was hired and appeared.
B. Post-Decree Service. The service of any post-decree pleadings upon any party not
represented by counsel pursuant to paragraph A above, despite the possible mistaken continued
appearance of said attorney on the Chronological Case Summary, shall be made upon that
person pursuant to Indiana Rules of Trial Procedure.
C. Courtesy Copy. Any copy served upon original counsel will be deemed to be a matter
of professional courtesy only; however, such professional courtesy is encouraged, and if a
courtesy copy of such petition is sent to a representative, whether terminated or not, such shall
be shown on a certificate of service.
D. Termination of Appointment of Guardian Ad Litem. Upon the entry of final Decree
of Dissolution of Marriage, Legal Separation, Paternity, or Order of permanent modification of
any custody, parenting time and/or child support Order, the appointment of the Guardian Ad
Litem shall be deemed terminated. The Guardian Ad Litem shall be under no continuing
obligation to continue work on the matter unless otherwise ordered by the Court or reappointed
in later proceedings.
LR89-FL00-21 COLLABORATIVE LAW PROCESS
A. Defined. The collaborative law process is a voluntary dispute resolution process in which parties
settle without resort to litigation. In the collaborative law process, the parties agree to:
1. voluntarily disclose all information which is relevant and material to the issues;
2. use good faith efforts to reach a mutually acceptable settlement without resorting to litigation;
3. engage attorneys committed to guiding the whole family through a resolution-focused
mutually respectful process designed to protect the children’s interests and engage in an honest
yet civil exchange of information and expression of needs and expectations;
4. engage, if necessary, a neutral mental health professional to coach the parties in productive
communication, a neutral financial professional to assist the parties in determining their
respective financial needs, a neutral child specialist to guide the parties in planning for long-term
solutions in co-parenting, and other professionals which may be identified.
Through this process, the parties focus on their highest priorities and interests, rather than bog down
in a rights-based win-lose litigation strategy that can become costly and ineffective in preserving a
long-term co-parenting relationship.
B. Initiation. The collaborative law process begins when the parties enter into a collaborative law
participation agreement. A model collaborative law participation agreement is set forth in Appendix
E. If they so elect, parties may proceed with the collaborative law process before or after any family
law proceedings have been initiated. If such a proceeding has been initiated, the parties are to notify
the Court of their intention to proceed under the collaborative law process by filing a Notice of Intent
to Proceed with the Collaborative Law Process. Parties engaging in the collaborative process prior to
the filing of any family law proceeding may file a Joint Petition for Dissolution and a Notice of Intent
to Proceed with the Collaborative Law Process. Once the notice is filed, the proceedings before the
Court will abate, and no hearings shall be scheduled until the collaborative process has terminated.
The Court may request status updates from the parties, however, the status report may only state
whether the process is ongoing or if it has been terminated.
C. Termination. A party may terminate a collaborative law process with or without cause. The
collaborative law process is terminated upon:
1. Resolution of a collaborative matter as evidenced by a signed agreement;
2. Resolution of a part of the collaborative matter, evidenced by a signed agreement, in which
the parties agree that the remaining parts of the collaborative matter will not be resolved in the
collaborative law process;
3. Notice to the Court from any party that the process has been terminated; or
4. Any party initiating a pleading, a motion, an order to show cause, or a request for a
conference with a tribunal in a pending proceeding related to a collaborative matter.
In the event the collaborative process ends without a full agreement having been reached, the parties
are to file an appropriate notice with the Court. The matter will thereafter proceed as required under
the Wayne County Local Rules of Family Law.
D. Representative Capacity Terminated. Upon notice of the termination of the collaborative process,
the court must allow withdrawal of representation of both attorneys.
E. Agreements. If the parties agree that any full or partial, temporary or permanent agreements
that may have been reached during the process survive the termination of the collaborative process,
such agreement shall be filed with the Court with a proposed order for the Court to consider for
ratification.
F. Application of Other Rules. Parties participating in the collaborative law process are required
to comply with the Wayne County Local Rules of Family Law, however, they are specifically exempt
from LR89-FL00-7 and LR89-FL00-9 while the collaborative process is ongoing.
Settlement negotiations within the collaborative process are governed by Rule 408 of the Indiana
Rules of Evidence.
WAYNE COUNTY RULES OF PROBATE
Adopted by Wayne County Bar Association, Originally Effective October 30, 1997, Including All
Amendments Approved Effective July 1, 2020.
LR89-PR-00-00l NOTICE
1.1 Notices required at the outset of a probate estate shall be prepared by the petitioner or movant and
shall be filed with the Clerk in accordance with Indiana Rule of Trial Procedure 86(D). Service of the
notices shall be in accordance with Indiana Rule of Trial Procedure 85(G).
1.2 Copies of petitions shall be sent with all notices where the hearing involved arises from the matters
contained in the petition.
1.3 On the filing with the Clerk by the personal representative or guardian of any petition, application,
complaint, partial report, final report, or any report that requires fixing of date and place of hearing of
same by the Court and giving notice thereof to any or all interested persons as required by law or order
of the Court, the Clerk shall forthwith fix the date and place of hearing, by endorsement on the same,
and shall return to such personal representative or guardian the required notice, which shall be then
served by such personal representative or guardian in accordance with Indiana Rule of Trial Procedure
85(G). The Clerk shall then also make and record on the proper order book on the date of the filing of
such petition or report, an order by the Court fixing the date and place of hearing of such petition or
report, the same as fixed thereon by the Clerk.
1.4 The Wayne County Scheduling Clerk will accept calendaring responsibilities concerning
notification to all personal representatives and guardians of the due date of any statutorily required
inventory or accounting. A copy of such notice of due date will be mailed to the attorney of record for
the personal representative or guardian.
LR89-PR-00-002 FILING OF PLEADINGS
2.1 Routine pleadings, such as Inventories and Final Reports shall be filed with the Clerk for transmittal
to the Court.
Commentary
The inheritance tax is repealed. The word Ashall@seems more appropriate than Amay.@
2.2 All attorneys are required to prepare orders for all proceedings except when expressly directed
otherwise by the Court.
2.3 Every pleading, including Inventories, Petitions, and Accountings, filed in an Estate or
Guardianship, shall be signed and verified by the fiduciary and signed by the attorney for the fiduciary.
Pleadings of a procedural nature only may be signed by only the attorney.
2.4 All pleadings filed shall contain the attorney=s name, address, telephone number, and attorney’s
Registration Number.
2.5 The initial petition to open an Estate or Guardianship shall contain the name and address of the fiduciary.
2.6 Every person seeking appointment of personal representative or guardian of the estate shall file with
the petition a signed acknowledgment of Court=s instructions to the fiduciary. The instructions shall
be in the form of the instructions as set out in Appendix B.
Commentary
The requirement of filing of instructions is designed to ensure that fiduciaries are fully aware of their
responsibilities and duties.
LR89--PR00-003 BOND
3.1 The filing of any bond for a Personal Representative shall be governed by Indiana Code 29-1-11-
1 (or any subsequent recodification thereof).
3.2 The filing of any bond for a guardian shall be governed by Indiana Code 29-1-7-1 and 29-1-7-2 (or
any subsequent recodification thereof).
3.3 In the event that a bond is requested or anticipated, the petition to open an estate or guardianship
shall set forth the probable value of the personal property plus the estimated annual rents and profits to
be derived from the property in the estate or guardianship.
3.4 The Court may, in making a determination of bond, consider whether the Personal Representative
or Guardian has committed to the attorney for the estate that the attorney will control the administration
of the bank account and/or other accounts of the estate in cooperation with the Personal Representative
or Guardian (i.e.: the attorney is controlling the issuance of any disbursements from any account of the
estate, including having physical possession of all checks or other methods of disbursement). If the
Personal Representative has committed that the attorney will have such control, such fact should be
included in the petition.
LR89-PR00-004 INVENTORY
4.1 An inventory shall be filed by the fiduciary in all estates and guardianships, except unsupervised
estates, within sixty (60) days; Guardianships within ninety (90) days for permanent guardians; and,
within thirty
(30) days for temporary guardians. All times relate to the appointment of the fiduciary.
4.2 In the event a partial inventory is filed, all subsequent inventories must contain a recapitulation of
prior inventories.
LR89-PR00-005 SALES OF REAL ESTATE
5.1 When a Petition to Sell Real Estate is filed in a supervised estate or guardianship, it shall be
accompanied by a written appraisal prepared by a person qualified to appraise such property, setting
forth the fair market value of said real estate, unless such an appraisal was previously filed with the
Inventory.
5.2 All appraisals required by Rule 5.1 shall be made within one (1) year of the date of a Petition to
Sell Real Estate.
5.3 In a supervised estate, whenever a Final Decree contains real estate located in any county other
than Wayne County, the Decree or a Personal Representative=s Deed shall be recorded with the
Recorder of the county in which any such real estate is located.
LR89-PR00-006 SALE OF PERSONAL PROPERTY
6.1 In all supervised estates and guardianships, no Petition to Sell Personal Property at private sale
shall be granted unless a written appraisal prepared by a person competent to appraise such property
and setting forth the Fair Market Value thereof, is filed with the Court at the time of the filing of the
Petition to Sell, unless such appraisal was filed with the Inventory. In the case of a motor vehicle, a
valuation obtained from a nationally recognized vehicle valuation service, such as NADA or Kelly
Blue Book, may, in the discretion of the Court, be substituted for a written appraisal.
6.2 All appraisals required by Rule 6.1 shall be made within one (1) year of the date of the Petition to Sell.
6.3 No written appraisal shall be required for the sale of assets which are traded in a market and the
value of which is readily ascertainable. Such assets include, but are not limited to, stocks, bonds, mutual
funds, commodities, and precious metals.
LR89-PR00-007 CLAIMS
7.1 On or before three (3) months and fifteen (15) days after the date of the first published notice to
creditors, the personal representative, or the personal representative=s attorney, shall file a pleading
with the Court showing the personal representative=s determination of either allowing a claim or
disallowing a claim, in whole or in part, as to those claims filed within three (3) months after the date
of the first published notice to creditors. A copy of this pleading shall be served upon each creditor
whose claim has been disallowed in full or in part. The Clerk shall give immediate written notice to a
creditor if its claim has been disallowed in full or in part. Such pleading shall also be filed within thirty
(30) days after the filing of any subsequent claim made by other creditors beyond the initial time period
of three (3) months following the first published notice to creditors, with the same service of copy and
notice. In the absence of a pleading from the personal representative during these time periods, the claim
shall be deemed disallowed. Compliance with this rule shall be deemed compliance with I.C.29-1-14-
10.
7.2 If the personal representative files a notice of disallowance of claim and request for pretrial
conference, the Court shall set the claim for a pretrial conference. If the creditor appears for the pretrial
conference, the Court shall set the claim for trial. If the creditor fails to appear for the pretrial
conference, the disallowance of claim shall be affirmed by the Court. In lieu of appearing at the pretrial
conference, the creditor may request the Court to schedule the matter for trial. Notwithstanding such
request, the Court may require the parties to appear at a pretrial conference.
Commentary
Rule 7.2 is designed to clarify the procedure for handling disallowed claims and to provide for an efficient
means of disposing of claims while ensuring due process for the creditor.
LR89-PR00-008 ACCOUNTINGS
8.1 Accountings for estates must comply with Indiana Code 29-1-16.
8.2 All guardianship accounts shall contain a certification of an officer of any financial institution in
which guardianship assets are held, verifying the account balance.
8.3 All Social Security or Medicare benefits received on behalf of an incapacitated person shall be
included and accounted for in the guardianship accountings unless Court approval has been previously
granted to allow said funds to be paid directly to a residential or healthcare facility.
8.4 In all supervised estate and guardianship accountings, vouchers, canceled checks, bank statements,
check images provided by the financial institution, or other evidence of expenditures acceptable to the
Court for the expenditures claimed, shall be filed with the accounting.
8.5 In all supervised estate and guardianship accountings, a notation shall be placed by each
expenditure indicating the reason for or nature of the expenditure.
EXAMPLE:
Bogata Drugs - Prescription drugs Dr. John Jones - Medical
services. Sam Smith - Repair roof of home at 162 Maple Street,
Anytown, Indiana. Tendercare Nursing Home - Nursing home care.
8.6 All accountings to the Court shall contain an itemized statement of the assets on hand.
8.7 Receipts, canceled checks, bank statements, check images provided by the financial institution, or
other evidence acceptable to the Court for all final distributions shall be filed either in the final report,
or a supplemental report, before discharge will be granted by the Court.
8.8 All accountings shall follow the prescribed statutory format. Informal, handwritten or transactional
accountings will not be accepted.
8.9 All Court costs shall be paid and all claims satisfied and released before the hearing on the Final
Account, and a clerk's Certification thereof shall be filed with the Court before such Final Account shall
be approved.
8.10 In those estates where no Indiana inheritance tax is due during a time period when Indiana
inheritance tax was applicable, the Affidavit required to be filed with the local Assessor=s Office shall
also be filed under the estate=s caption and cause number with the Clerk of the Court.
LR89-PR00-009 FEES OF ATTORNEY AND FIDUCIARY
9.1 No fees for fiduciaries or attorneys shall be approved in any supervised estate or guardianship until
the Court has approved a fee petition filed by the attorney for the estate.
9.2 No attorney or fiduciary fees will be determined and authorized for payment by the Court in any
Unsupervised Administration of a decedent’s estate.
9.3 Where contracts for legal services have been entered into prior or subsequent to the opening of an
estate or guardianship, the Court reserves the right to approve or disapprove the fee contracts consistent
with this Court’s fee guidelines.
9.4 Rule 1.5 of the Rule of Professional Conduct has been adopted by the Supreme Court of Indiana
to govern attorney fees. All fees charged by attorneys shall be reasonable. The rule further enumerates
the factors to be considered, which are as follows:
(1) the time and labor required, the novelty and difficulty of questions involved, and the skills
requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will
preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation and ability of the lawyer or lawyers performing the services.
The guidelines set forth in Appendix A to these rules are not to be used as a substitution for the
attorney's determination of what a reasonable fee would be in a given situation. Rather, the guidelines
are established to assist attorneys and fiduciaries by outlining what the Court will deem to be reasonable
based upon the factors contained in Rule of Professional Conduct 1.5.
The basic guideline amounts are based upon usual and ordinary services. The guidelines also will
assist in calculations of fees generated by the provisions of additional services.
While attorney fees are generally associated with services rendered in conjunction with probate or
administered assets, as shown in the guidelines set forth in Appendix A, it is recognized that on
occasion it would be reasonable to allow attorney fees within an estate for services provided associated
with non- probate matters, including, but not limited to, assets with direct beneficiaries, payable on
death accounts, and/or trusts outside of probate. To the extent any portion of a requested fee in a
supervised estate relates to these services, the basis for such request shall be set out within the Section
of Appendix A entitled Explanation of Additional Fees Claimed.@ In determining the reasonableness
of any such request, the Court must take into account the identity of the probate beneficiaries who will
be directly affected with any approved fee, compared with the beneficiaries associated with the non-
probate assets or service.
9.5 Unjustified delays in carrying out duties by the fiduciary and/or attorney may result in a reduction
of fees.
LR89-PR00-010 WRONGFUL DEATH
10.1 No personal representative pursuing a wrongful death claim shall enter into an agreement to settle
the claim without obtaining an order from the probate court approving the terms of the settlement, authorizing
the personal representative to execute the settlement agreement and approving distribution of the settlement
proceeds, including payment of attorney fees incurred in pursuing the wrongful death claim.
10.2 When a judgment has been paid or a settlement agreement is to be entered into by the personal
representative, a petition shall be filed showing the proposed distribution of wrongful death proceeds
consistent with I.C.34-23-1-1 and 34-23-2-1, together with a proposed order of distribution requiring a
final account as to the distribution of the wrongful death proceeds be filed within thirty (30) days.
Commentary
The claims procedure under Rules 7.1 and 7.2 is intended to apply to unsupervised estates as well as
supervised estates.
LR89-PR00-011 UNSUPERVISED ADMINISTRATION
11.1 Any petition for unsupervised administration of an estate must comply with Indiana Code 29-1-7.5.
11.2 A verified Closing Statement filed in unsupervised administrations must comply with Indiana
Code ' 29-1-7.5-4, and must contain statements that the Personal Representative has completed the
items set forth therein.
11.3 No Orders as to attorney’s fees, compliance regarding notice of administration to decedent=s
creditors, or other orders shall be entered by the Court in unsupervised estates except that the Court
shall enter an order approving the verified closing statement as required by Indiana Code and any orders
or scheduling of hearings regarding claims under Rules 7.1 and 7.2. Notwithstanding, unless the Court
revokes unsupervised administration and converts the estate to supervised administration, the issuance
of an order on any matter in an unsupervised estate does not revoke the personal representative=s
authority to continue to administer an estate according to unsupervised administration.
LR89-PR00-012 GUARDIANSHIPS
12.1 In all guardianship matters seeking to declare an adult incapacitated for any reason, the
incapacitated person shall be present at the hearing, or sufficient evidence is presented to excuse the
absence of the incapacitated person pursuant to Indiana Code 29-3-5.1.
12.2 In all guardianship matters seeking to declare an adult incapacitated for any reason, a physician=s
report by the doctor treating the alleged incapacitated person, or such evidence as the Court shall
require, shall be presented to the Court at the time the petition is filed or on the hearing date.
12.3 In every petition for the appointment of a guardian of the person of a minor child or an
incapacitated adult, the petition shall contain the information required by Indiana Code 29-3-5.
12.4 Nothing herein shall be deemed as amending, superseding or altering the Probate Rules and
Regulations promulgated by the Veteran=s Administration of the United States of America, and every
fiduciary and attorney shall comply with same, if applicable.
12.5 In all estate and guardianship matters involving either a claim for wrongful death or personal
injury, the civil case and the corresponding guardianship or probate proceedings will be filed in the
same Court without regard to the usual computer filing system which governs the filing of all other
actions.
LR89-PR00-013 MISCELLANEOUS
13.1(a) In those matters for which the Court has authority to grant an extension of time, the Court shall
automatically grant one forty-five (45) day extension upon the filing of a written petition on or before
the otherwise applicable deadline.
13.2(b) Any additional extension of time may be granted only upon the filing of an additional petition
setting forth such good cause. Procedure for past-due filings and reports:
(A) First Notice: A notice will be mailed to the attorney when the matter becomes past due.
(B) Second Notice: If there is no response within thirty (30) days of the mailing of the First
Notice, a letter notice from the Court will be mailed requesting compliance within fifteen (15)
days.
(C) Court Order: If there is no response within fifteen (15) days of the mailing of the Second
Notice, a Court Order to show cause will be issued. Both the attorney and fiduciary must
appear at the date and time specified in the Court Order.
(Note: Rule 9.5 may be invoked in any of the above circumstances.)
13.3 In all probate matters, two (2) original orders shall be presented to the Clerk at the time of filing.
13.4 Given the potential complexity involved in administration, the Court shall require the probate
estates be opened and administered with the assistance of legal counsel, and the Court may require the
guardianship estates be opened and administered with the assistance of legal counsel.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-93-wayne-local-rules-2026-10-02
- Content hash
5dada937153cac46935d652d33d4ccfe296a2339e19d15f7b1a5f685be388cb4
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