Ind. County Local Rule: whitley-local-rules

WHITLEY COUNTY, INDIANA

CIRCUIT AND SUPERIOR COURTS

92ND JUDICIAL CIRCUIT

LOCAL RULES AND PROCEDURE

(AS REVISED January 1, 2026)

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LOCAL COURT RULES FOR WHITLEY CIRCUIT COURT AND

WHITLEY SUPERIOR COURT OF THE 92ND JUDICIAL CIRCUIT OF

WHITLEY COUNTY, INDIANA

(as amended on January 1, 2026)

1. TABLE OF CONTENTS

TRIAL RULES

LR92 -TR3.1-2 WITHDRAWAL OF APPEARANCE BY COUNSEL

LR92-TR77-1.1 FILING WITH THE CLERK

LR92-TR77-1.2 FORMAT OF PLEADINGS

LR92-TR79-2 SPECIAL JUDGE ASSIGNMENT IN CIVIL CASES

CRIMINAL RULES

LR92-CR00-1 REFILING AND SUBSEQUENT FILINGS

LR92-CR00-2 TRANSFER

LR92-CR00-3 DISCOVERY RULES

ADMINISTRATIVE RULES

LR92-AR1-1 LOCAL CASELOAD PLAN

LR92-AR1-2 CRIMINAL AND JUVENILE CASE ASSIGNMENT

LR92-AR1-3 JUDGES ASSISTING OTHER JUDGES

LR92-AR7-4 EVIDENCE HANDLING, RETENTION AND DISPOSITION

LR92-AR12-5 FILING OF DOCUMENTS IN THE WHITLEY CIRCUIT AND

SUPERIOR COURTS BY FACSIMILE TRANSMISSION

LR92-AR15-6 COURT REPORTER SERVICES

LR92-AR19-7 COURT BUILDING SECURITY ORDER

LR92-AR21-8 REASSIGNMENT AND APPOINTMENT OF SPECIAL JUDGE IN

CRIMINAL CASE

JURY RULES

LR92-JR4-1 JURY RULES

SMALL CLAIMS RULES

LR92-SC00-1 FORM OF GARNISHMENT

LR92-SC00-2 LIMITATION ON FILING PROCEEDING SUPPLEMENTAL

LR92-SC00-3 SCHEDULING OF COLLECTION HEARINGS

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MENTAL HEALTH RULE

LR92-MH-1 APPLICATION FOR EMERGENCY DETENTION FOR

TREATMENT OF MENTALLY ILL INDIVIDUALS

DISSOLUTION RULE

LR92-DR-1 DISSOLUTION MARRIAGE/JUVENILE PATERNITY

WHITLEY COUNTY ADR FUND PLAN

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TRIAL RULES

2. LR92-TR3.1-2 WITHDRAWAL OF APPEARANCE BY COUNSEL

A. All withdrawals of appearance of counsel shall be in writing and upon Order of the Court.

Permission to withdraw shall be granted only upon the following circumstances:

(1) The filing of an appearance by new counsel for said client; or

(2) Upon written motion to withdraw, which motion shall be served on the client at

least ten (10) days prior to the date of the filing of the motion; or

(3) Upon other good cause found by the Court.

B. A motion to withdraw shall include the following:

(1) The name and address of the Court where the case is filed;

(2) The last known address of the client and the client’s telephone numbers; and

(3) Any hearing or trial dates and any pleading, discovery or other pretrial deadline

dates.

3. LR92-TR77-1.1 FILING WITH THE CLERK

A. Regarding paper and electronically filed pleadings, hereinafter referred to as “all

pleadings,” pleadings shall be filed with the Clerk, not directly with the Court, unless

otherwise required by the Indiana Rules of Court.

4. LR92-TR77-1.2 FORMAT OF PLEADINGS

A. All pleadings, motions and other documents shall be prepared in accordance with the

applicable provisions of the Indiana Rules of Trial Procedure, the Rules of Access to Court

Records, and any other applicable rules of court or administrative rules. For uniformity

and convenience, the following requirements shall also be observed:

a. All papers shall be flat and unfolded, unless received by mail.

b. All documents shall be on standard 20# white paper and measure 8 ½” x 11” with

the exception of existing wills.

c. Documents shall be free of blood, saliva, and objects such as grommets and staples.

5. LR92-TR79-2 SPECIAL JUDGE ASSIGNMENT IN CIVIL CASES

In any case except for criminal, infraction, or ordinance violation involving a change of

Judge, the procedure mandated by Trial Rule 79 shall apply. The procedure for selecting a Special

Judge is:

If a judge in Whitley County grants a motion for a change of judge, or the judge recuses or

is disqualified, and 1) the parties are unable to agree to a particular special judge, or 2) the parties

are unable to agree to have the regular sitting judge appoint a special judge, or 3) the agreed upon

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or appointed judge does not accept appointment, the Court may appoint a senior judge to handle

the matter as a special judge. If a senior judge is not appointed or does not accept appointment,

the following local rule applies:

a. If the case originated in the Whitley Circuit Court, the case must be transferred to the

Judge of the Whitley Superior Court.

b. If the case originated in the Whitley Superior Court, the case must be transferred to

Judge of the Whitley Circuit Court.

If no Whitley County judge, senior judge, or magistrate accepts appointment, the Clerk of

the Court shall select a special judge (on a rotating basis) from an alphabetical list of full-time

judicial officers eligible under Trial Rule 79 from counties within the Judicial Administrative

District of which Whitley County is a member.

In cases in which no judge is eligible to serve as special judge pursuant to the above

procedure, or the particular circumstance of a case warrants selection of a special judge by the

Indiana Supreme Court, the regular sitting judge may certify the case to the Indiana Supreme Court

for appointment of a special judge.

The appointed judge under this local rule must accept appointment unless:

a. Disqualified under the Code of Judicial Conduct;

b. Ineligible under the Trial Rules; or

c. Excused by the Indiana Supreme Court.

CRIMINAL RULES

6. LR92-CR00-1 REFILING AND SUBSEQUENT FILINGS

When the State of Indiana dismisses a case and chooses to refile that case, the case shall

be assigned to the court from which the dismissal was taken.

7. LR92-CR00-2 TRANSFER

A judge of Whitley Circuit or Superior Court, by appropriate order entered in the Record

of Judgments and Orders, may transfer and reassign to the other court of record in the county with

jurisdiction to hear the charged offense in any pending case, subject to acceptance by the receiving

court.

8. LR92-CR00-3 DISCOVERY RULES

For all criminal cases filed in the Whitley Circuit or Superior Court, beginning January 1,

2021, the Court now issues the following Discovery Order:

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1. The State shall disclose to the Defense the following material and information within

its possession or control as soon as is reasonable, and at least thirty (30) days before

trial.

a. The names and last known addresses of persons whom the State may call as

witnesses, together with their relevant written or recorded statements,

memoranda containing substantially verbatim reports of their oral statements

and a list of memoranda reporting or summarizing their oral statements.

b. Any written or recorded statements and the substance of any oral statements

made by the accused or by a co-defendant, and a list of witnesses to the

making and acknowledgement of such statements.

c. Any reports or statements of experts, made in connections with the particular

case, including results of physical or mental examinations and scientific tests,

experiments or comparisons which may be used or relied upon at hearing or

trial.

d. Any books, papers, documents, photographs or tangible objects which the

Prosecuting Attorney intends to introduce into evidence as a part of the case-in-chief in the hearing or trial or were obtained from or belong to the accused.

e. Any record of prior criminal convictions which may be used for impeachment

of the persons whom the State intends to call as witnesses in its case-in-chief

at the hearing or trial.

f. Any evidence, which tends to negate the guilt of the accused as to the offense

charged or would tend to mitigate his/her punishment.

g. A copy of any written agreement and the complete substance of any oral

agreement made by the State with any witnesses to secure their testimony or

any co-defendant or other person charged arising out of the same incident.

The State may perform these obligations in any manner mutually agreeable to itself and

Defense Counsel by notifying Defense Counsel that material and information, described

in general terms may be inspected, obtained, tested, copied or photocopied, at specified

reasonable times and places.

2. The Defense shall disclose to the State the following material and information within

its possession or control as soon as is reasonable, and at least thirty (30) days before

trial.

a. The names and addresses of persons whom the Defendant may call as

witnesses along with a copy of their written statements or a summary of their

oral statements and a record of their prior criminal convictions.

b. Any books, papers, documents, photographs, or tangible objects, which are

intended to be used at a hearing or trial.

c. Any medical or scientific reports relating to Defendant or Defendant’s

evidence, which may be used at a hearing or trial.

d. Any defense, procedural or substantive, the Defendant intends to make at a

hearing or trial and a significant summary of the basis and authority for the

same.

e. Any reports or statements of experts, made in connection with the particular

case, including results of physical or mental examinations and of scientific

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tests, experiments or comparisons which will be used or relied upon at a

hearing or trial.

3. Any objections to this Discovery Order must be filed fourteen (14) days before trial.

4. Continuing Discovery and Sanctions:

a. Discovery is a continuing order through trial.

b. No written motion is required except to compel discovery for a Protective

Order, or for an extension of time.

c. Failure of either side to comply with this order fourteen (14) days before trial

may result in exclusion of evidence at trial or other appropriate sanction.

5. The State may be informed of and permitted to inspect and copy or photograph any

report of results or testimony relative thereto of physical or mental examinations or of

scientific tests, experiments or comparisons, or any other reports or statements of

experts which Defense Counsel has in its possession or control, except those portions

of reports containing statements made by the Defendant if Defense Counsel does not

intend to use any of the material contained in the report at a hearing or at the trial.

ADMINSTRATIVE RULES

9. LR92-AR1-1 LOCAL CASELOAD PLAN

1. The judge of the Whitley County Circuit Court, may, with the consent of the judge of the

Whitley Superior Court, transfer any action or proceeding from the Circuit Court to the

Superior Court. The judge of the Whitley Superior Court may, with the consent of the

judge of the Whitley Circuit Court, transfer any action or proceeding from the Whitley

Superior Court to the Whitley Circuit Court. Other Local Rules previously filed with the

Clerk of the Indiana Supreme Court establish rules for the filing of criminal cases in the

courts of Whitley County.

2. The Judges of Whitley County shall meet at least as often as annually to review the

workload and caseload of each judge and court and then transfer, if necessary, such cases

or judges between the courts as shall substantially equalize the workload of each of the

judges of Whitley County.

3. Beginning November 1, 2020, to improve a discrepancy in the caseload, the courts and

Clerk shall require that all Divorces with Children be filed in the Whitley Circuit Court.

4. Beginning January 1, 2023, to improve a discrepancy in the caseload, the courts and Clerk

shall require that all Civil Collection cases be filed in the Whitley Circuit Court.

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5. All EV cases shall be filed in the Whitley Superior Court to be placed on the small claims

docket.

10. LR92-AR1-2 CRIMINAL AND JUVENILE CASE ASSIGNMENT

SUPERIOR COURT:

The following cases will be filed and assigned to Superior Court:

1. All infractions, traffic infractions and Title 9 traffic offenses, excluding O.W.I. Causing

Death.

2. All misdemeanors, with the exception of Check Deception misdemeanors.

3. All Class D felonies, with the exception of Check Fraud, as a Class D felony, and felony

Non-Support Child Support cases.

CIRCUIT COURT:

The following cases will be filed and assigned to Circuit Court:

1. All Class A, B and C felonies, with the exception of Class C felony of Operating While

a Habitual Traffic Violator.

2. All misdemeanor and Class D felony cases except for Superior Court filings as listed

above.

3. All juvenile cases.

LR92-AR1-2 (a) CRIMINAL CASE ASSIGNMENT (for crimes

committed after June 30, 2014)

SUPERIOR COURT:

The following cases will be filed and assigned to Superior Court:

1. All infractions, traffic infractions and Title 9 traffic offenses, excluding O.W.I. Causing

Death.

2. All misdemeanors, with the exception of Check Deception and Theft (by issuance of a

check).

3. All Level 6 felonies, with the exception of Check Fraud, Theft (by issuance of a check),

and Non-Support of a Dependent Child.

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CIRCUIT COURT:

The following cases will be filed and assigned to Circuit Court:

1. Murder and all Level 1, Level 2, Level 3, and Level 4 felonies.

2. All Level 5 felonies with the exception of I.C. 9-30-17 (Operating after Lifetime

Suspension).

3. All misdemeanor and Level 6 felonies not assigned to Superior Court as noted above.

4. All juvenile cases.

11. LR92-AR1-3 JUDGES ASSISTING OTHER JUDGES

Pursuant to the authority conferred upon Judges to make Local Rules and pursuant to

Indiana Code 33-29-1-10 and for the purpose of each of the Judges being able to assist the other:

A. The Judge of the Whitley Circuit Court may, with the consent of the Judge of Superior

Court, sit as a Judge of the Whitley Superior Court in any matter as if the Circuit Court

Judge were an elected Judge of the Whitley Superior Court.

B. The Judge of the Whitley Superior Court may, with the consent of the Judge of the Whitley

Circuit Court, sit as the Judge of the Whitley Circuit Court in any matter as if the Judge of

Whitley Superior Court were the elected Judge of the Whitley Circuit Court.

12. LR92-AR7-4 EVIDENCE HANDLING, RETENTION AND

DISPOSITION

A. Preamble. In all cases, the court shall proceed pursuant to these Rules unless the court

directs a longer retention period after motion by any party or on its own motion.

B. Retention Periods for Evidence Introduced in Civil and Criminal Proceedings.

1. Civil Cases, including Adoption, Paternity, Juvenile, and Infraction Proceedings. All models,

diagrams, documents, or material admitted in evidence or pertaining to the case placed in the

custody of the court reporter as exhibits shall be taken away by the parties offering them in

evidence, except as otherwise ordered by the court, four (4) months after the case is decided

unless an appeal is taken. If an appeal is taken, all such exhibits shall be retained by the court

reporter for two (2) years from termination of the appeal, retrial, or subsequent appeal and

termination, whichever is later. The Court reporter shall retain the mechanical or electronic

records or tapes, shorthand or stenographic notes as provided in Administrative Rule 7.

2. Misdemeanor, Level 6 Felonies, and Attempts. All models, diagrams, documents, or material

admitted in evidence or pertaining to the case placed in the custody of the court reporter as

exhibits shall be taken away by the parties offering them in evidence except as otherwise

ordered by the court, three (3) years after the case is dismissed, the defendant found not guilty,

or the defendant is sentenced, unless an appeal is taken, If an appeal is taken, all such exhibits

shall be retained by the court reporter for three (3) years from termination of the appeal, retrial,

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or subsequent appeal and termination, whichever is later, unless an action challenging the

conviction or sentence, or post-conviction action, is pending. The Court reporter shall retain

the mechanical or electronic records or tapes, shorthand or stenographic notes as provided in

Administrative Rule 7.

3. Level 1-5 Felonies and Attempts. All models, diagrams, documents, or material admitted in

evidence or pertaining to the case placed in the custody of the court reporter as exhibits shall

be taken away by the parties offering them in evidence, except as otherwise ordered by the

court, twenty (20) years after the case is dismissed, the defendant found not guilty, or the

defendant is sentenced, unless an appeal is taken. If an appeal is taken, all such exhibits shall

be retained by the court reporter for twenty (20) years from termination of the appeal, retrial,

or subsequent appeal and termination, whichever is later, unless an action challenging the

conviction or sentence, or post-conviction action, is pending. The court reporter shall retain

the mechanical or electronic records or tapes, shorthand or stenographic notes as provided in

Administrative Rule 7.

4. Murder, Life without Parole, and Death Penalty Cases. All models, diagrams, documents, or

material admitted in evidence or pertaining to the case placed in the custody of the court

reporter should be retained for the lifetime of the defendant in cases where the defendant is

found guilty. All models, diagrams, documents or material admitted in evidence or pertaining

to the case placed in the custody of the court reporter as exhibits shall be taken away by the

parties offering them in evidence, except as otherwise ordered by the court twenty (20) years

after the case is dismissed or the defendant found not guilty, unless an appeal is taken. If an

appeal is taken, all such exhibits shall be retained by the court reporter for twenty (20) years

from termination of the appeal, retrial, or subsequent appeal and termination, whichever is

later, unless an action challenging the conviction or sentence, or post-conviction action, is

pending. The court reporter shall retain the mechanical or electronic records or tapes,

shorthand or stenographic notes as provided in Administrative Rule 7.

5. Non-documentary and Oversized Exhibits. Non-documentary and oversized exhibits shall not

be sent to the Appellate level Court, but shall remain in the custody of the trial court or

Administrative Agency during the appeal. Such exhibits shall be briefly identified in the

transcript where they were admitted into evidence. Photographs of any exhibit may be included

in the volume of documentary exhibits. Under no circumstances should drugs, currency, or

other dangerous or valuable items be included in appellate records.

C. Notification and Disposition.

1. Notification. In all cases, the court shall provide actual notice, by mail (including email),

to all attorneys of record and to parties only if unrepresented by counsel, that the evidence

will be destroyed by a date certain if not retrieved before that date. Counsel and parties

have the duty to keep the court informed of their current addresses and notice to the last

current address shall be sufficient. Court reporters should maintain a log of retained

evidence and scheduled disposition date and evidence should be held in a secure area. At

the time of removal, a detailed receipt shall be given to the court reporter by the party

receiving and removing the evidence, the receipt will be made part of the court file.

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2. Disposition. In all cases, evidence which is not retaken after notice should be disposed of

by the sheriff on the court’s order. The sheriff should be ordered to destroy evidence if its

possession is illegal or if it has negligible value. Evidence of some value should be

auctioned by the sheriff with proceeds going to the county general fund. These Rules and

their retention periods will take precedence over inconsistent language in statutes, ct I.C.

35-33-5-5(c)(2).

13. LR92-AR12-5 FILING OF DOCUMENTS IN THE WHITLEY

CIRCUIT AND SUPERIOR COURTS BY FACSIMILE TRANSMISSION

A. DEFINITIONS: For the purpose of this rule, the definitions set forth in this paragraph

shall apply:

(1) “Cover Sheet” means a descriptive initial page that accompanies an electronic

transmission;

(2) “Electronic Facsimile Transmission” commonly referred to as “FAX” means a

method of transmitting and receiving information in paper medium over telephone

lines or other forms of electronic transmissions;

(3) “Original Document” means the initially prepared written document of any

counterpart intended to have the same effect by the creator; and

(4) “Duplicate Document” means a written counterpart of the original produced by the

same impression as the original or from the same matrix or by digitized electronic

transmission, readable by sight, which accurately reproduces the original.

B. The Whitley Circuit and Superior Courts hereby authorize the filing of pleadings, motions

and other documents via electronic facsimile at facsimile machine telephone number (260)

248-3137 provided:

(1) Such matter does not exceed ten (10) pages, including the cover sheet;

(2) Such matter does not require the payment of fees by the Court;

(3) The sending party creates, at the time of transmission, a machine generated log for

such transmission; and

(4) The original document and the transmission log are maintained by the sending party

for the duration of the litigation.

C. Time of Filing. During normal, posted business hours, the time of filing shall be the time

the duplicate document is produced in the office of the Clerk of the Whitley County Courts.

Duplicate documents received at all other times shall be filed as of the next normal business

day.

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D. Cover Sheet. Any document sent to the Clerk of the Whitley County Courts by electronic

facsimile transmission shall be accompanied by a cover sheet which states the title of the

document, case number, number of pages, identity and voice telephone number of the

sending party and instructions for filing. The cover sheet shall contain the signature of the

attorney or party, pro se, authorizing the filing.

14. LR92-AR15-6 COURT REPORTER SERVICES

Section One. Definitions.

1. A “Court Reporter” is a person who is specifically designated by a court to perform the

official court reporting services for the court including preparing a transcript of the record.

2. “Equipment” means all physical items owned by the court or other governmental entity

and used by a court reporter in performing court reporting services. Equipment shall

include, but not be limited to, telephones, computer hardware, software programs, disks,

tapes and any other device used for recording and storing transcribing electronic data.

3. “Work space” means that portion of the court’s facilities dedicated to each court reporter,

including but not limited to actual space in the courtroom and any designated office space.

4. “Page” means the page unit of transcript which results when a recording is transcribed in

the form required by Indiana Rules of Appellate Procedure 7.2.

5. “Recording” means the electronic, mechanical, stenographic or other recording made as

required by Indiana Rules of Trial Procedure 74.

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 are not in excess of forty (40) hours per work week.

8. “Overtime hours” worked means those hours worked in excess of forty (40) hours per work

week.

9. “Work week” means a seven (7) consecutive day week that consistently begins and ends

on the same days throughout the year, i.e. Sunday through Saturday, Wednesday through

Tuesday, Friday through Thursday.

10. “Court” means the particular court for which the court reporter performs services. Court

may also mean all of the courts in Whitley County.

11. “County indigent transcript” means a transcript that is paid for from county funds and is

for use on behalf of a litigant who has been declared indigent by a court.

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12. “State indigent transcript” means a transcript that is paid for from state funds and is for use

on behalf of a litigant who has been declared indigent by the court.

13. “Private transcript” means a transcript, including but not limited to, a deposition transcript

that is paid for by a private party.

Section Two. Salaries 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 during any regular work hours,

gap hours or overtime hours. The supervising court shall enter into a written agreement

with the court reporters which outlines the manner in which the court reporter is to be

compensated for gap and overtime hours, i.e. monetary compensation or compensatory

time off regular work hours. The Whitley County Employee Handbook shall govern these

issues unless later modified by the supervising court.

2. The per-page fee a court reporter may charge for the preparation of a county indigent

transcript shall be $6.50. If a court reporter is requested to prepare an expedited transcript,

the maximum per page fee shall be no less than $9.00 where the transcript must be prepared

within ten (10) working days. However, this would be by approval of the presiding Judge.

The court reporter shall submit a claim directly to the county for the preparation of any

county indigent transcript. Charge to copy transcript for an indigent shall be $1.00 per

page.

3. The per page fee a court reporter may charge for the preparation of a state indigent

transcript shall be $6.50. If a court reporter is requested to prepare an expedited transcript,

the maximum per page fee shall be no less than $9.00 where the transcript must be prepared

within ten (10) working days. However, this would be by approval of the presiding Judge.

Charge to copy transcript for a state indigent transcript would be $1.00 per page.

4. The per page fee a court reporter may charge for the preparation of a private transcript shall

be $6.50. If a court reporter is requested to prepare an expedited transcript, the maximum

per page fee shall be no less than $9.00 where the transcript must be prepared within ten

(10) working days. However, this would be by approval of the presiding Judge. The charge

to copy transcript for a private transcript would be $1.25.

5. Each court reporter shall report, at least on an annual basis, all transcript fees received for

the preparation of either county indigent, state indigent, or private transcripts to the Indiana

Office of Court Services. The reporting shall be made on forms prescribed by the Indiana

Office of Court Services.

Section Three. Private Practice.

1. If a court reporter elects to engage in private practice through the recording of a deposition

and/or preparing of a deposition transcript, and the court reporter desires to utilize the

court’s equipment, work space and supplies, and the court agrees to the use of the court

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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 equipment, work space and supplies shall

be 25 cents per page.

b. The method by which records are to be kept for the use of equipment, work space

and supplies shall be a written document between the court and the individual court

reporter.

c. The method by which the court reporter is to reimburse the court for the use of the

equipment, work space and supplies shall be on an annual basis.

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.

15. LR92-AR19-7 COURT BUILDING SECURITY ORDER

Ind. Administrative Rule 19 requires “(e)ach court shall develop and implement a court

security plan to ensure security in court facilities”. The power to do so is derived in part from

Indiana Constitution Article 3§1 and Ind. Const. Art. 7. Ind. Code § 35-47-11.1-4(5) creates an

exception to general rule prohibiting a political subdivision from regulating the possession and

carrying of firearms, etc. The Judges of the Whitley Circuit and Superior Courts (“the Courts”),

in order to comply with the requirements of Admin. R. 19 and to provide for the orderly operation

of the Courts, the safety of the public, the litigants, the witnesses, and the court staff, have

promulgated this local court rule:

1. Anyone entering the locations listed below (collectively “the courtroom buildings’) must

consent to a search of their person, including any package, briefcase, or purse:

(a) the Whitley County Courthouse;

(b) the Whitley County Probation Department;

(c) any other location where a judicial officer of any of the Courts maintains an

office;

(d) any other location where a judicial officer conducts court proceedings.

2. If a courtroom building has more than one entrance/exit, the Courts may designate one

or more of the entrances/exits to be used only for restricted purposes.

3. Unless exempt under Paragraph 6, below, anyone entering a courtroom building is

prohibited from having any of the following in his or her possession while in the courtroom

building:

(a) a loaded or unloaded firearm; or

(b) a weapon, device, taser (as defined in Ind. Code § 35-47-8-3) or electronic stun

weapon (as defined by I.C. § 35-47-8-1), equipment, chemical substance or other material,

including a knife, razor, box-cutter, and switchblade that in the manner it is used, or court

ordinarily be used, is readily capable of causing serious bodily injury.

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4. Anyone refusing to comply with this Order is to be denied entrance to the courtroom

buildings.

5. Anyone violating this Order may be found to be:

(a) in direct contempt of court under I.C. §34-47-2, if the violation is willful and

occurs in the presence of a judicial officer; or

(b) in indirect contempt of court under I.C. § 34-47-3, if the violation is willful and

occurs out of the presence of a judicial officer.

6. The following individuals are exempt from this order:

(a) a law enforcement officer, as defined in I.C. § 35-31.5.2-185;

(b) a judicial officer, as defined in I.C. § 35-31.5-2-177.7;

(c) a probation officer pursuant to I.C. § 11-13-1-1;

(d) an employee of a locally or regionally operated Community Corrections

Program, who is authorized to carry a firearm by his or her supervisor;

(e) any other person authorized by at least one (1) full-time judicial officer of the

Courts shall be exempt until at least one (1) full-time judicial offer of the Courts withdraw

the exemption. The judicial officers are to promptly provide the Whitley County Sheriff

with a copy of the authorization or the withdrawal of the authorization.

7. Any person listed in Paragraph 6 SHALL NOT BE EXEMPT whenever they or any

member of their family is a party to any proceeding taking place. This does not include appearing

in the individual’s official capacity.

8. The statutes cited above may change from time to time. This local court rule shall

automatically refer to the relevant statutes in effect in effect at any given time.

9. Each Court may have specific rules regarding cellphones and/or cameras in the

courtroom. In all events, if cellphones are permitted, they should be made to be silent during court

hearings, and no photographs or video should be taken in the courtroom without explicit court

approval.

Please view the Court Building Security Order.

16. LR92-AR21-8 REASSIGNMENT AND APPOINTMENT OF SPECIAL

JUDGE IN CRIMINAL CASE

In any case in which a change of judge is necessary or appropriate involving a felony,

misdemeanor, infraction, or ordinance violation, the procedure mandated by Indiana

Administrative Rule 21 and Indiana Procedure for Post-Conviction Remedies 1(4)(B) shall apply.

If a judge in Whitley County grants a motion for a change of judge, or the judge recuses or

is disqualified, the court may assign a senior judge to handle the matter as a special judge. If a

senior judge is not assigned, or does not accept assignment, the following local rule applies:

a. If the case originated in the Whitley Circuit Court, the case must be reassigned to the

judge of the Whitley Superior Court as successor.

b. If the case originated in the Whitley Superior Court, the case must be reassigned to the

judge of the Whitley Circuit Court as successor.

In the event a reassignment cannot be accomplished pursuant to the rules set forth above,

then the case will be reassigned on a rotating basis from the following Judges: Whitley Circuit

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Court Judge, and the full-time judicial officers of contiguous counties and counties within the

Judicial Administrative District of which Whitley County is a member.

Pursuant to Indiana Administrative Rule 21(B), in the event no Judge is available for

assignment or reassignment of a felony or misdemeanor case, such case shall be certified to the

Indiana Supreme Court for the appointment of Special Judge. In the event the Judge presiding in

a felony or misdemeanor case concludes that the unique circumstances presented in such

proceeding require appointment by the Indiana Supreme Court of a Special Judge, this presiding

Judge may request the Indiana Supreme Court for such appointment.

JURY RULES

17. LR92-JR4-1 JURY RULES

1. The Courts of Whitley County, Indiana, adopt and confirm the use of the Indiana Jury Rules as

ordered and published by the Indiana Supreme Court.

2. The Courts together with the Clerk shall appoint a jury administrator.

3. The Whitley County Courts adopt a two-tier notice and summons process for summoning jurors.

The Jury Administrator shall send the jury qualification form and notice to prospective jurors at

least six (6) weeks before jury service, and shall summon prospective jurors at least one week

before service.

4. The jury pool for each court shall be compiled by the jury administrator annually.

5. The jury pool shall consist of names randomly selected from the voter registration lists for

Whitley County, Indiana, and motor vehicle registrations of Whitley County residents. The jury

administrator shall avoid duplication of names from the lists.

6. Each of the Whitley County Courts will have its own jury pool.

SMALL CLAIMS RULE

18. LR92-SC00-1 FORM OF GARNISHMENT

A. All attorneys and collection agencies using the courts for collection matters and

enforcement of judgments for payment of money shall use, when permitted by law, the

form of garnishment order attached hereto, or a substantially similar form.

B. All attorneys and collection agencies using the courts for reasons described above shall

submit the courts’ requested garnishment orders which have been accurately completed on

the form of order attached hereto.

C. The courts will not accept garnishment orders which do not comply with this local rule.

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D. This local rule shall become effective for all garnishment orders filed or requested on or

after March 3, 1997.

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STATE OF INDIANA SS: WHITLEY SUPERIOR COURT

COUNTY OF WHITLEY COLUMBIA CITY, IN 46725

__________________________________________ TELEPHONE: 260-248-3119

Plaintiff

AGAINST

__________________________________________ CAUSE NO. 92D01-

Defendant

__________________________________________

Social Security Number

AND

GARNISHMENT ORDER

__________________________________________

Garnishee Defendant

__________________________________________

Street Address

__________________________________________

City, State, Zip

Plaintiff appears and makes proof of service of notice of hearing upon Defendant, ___________________________

And upon Garnishee Defendant, ___________________________________________________________________

The Court now finds and orders:

1. That Garnishee Defendant withhold from earnings of Defendant the lesser of the following sums:

(a) 25% of said earnings after subtracting income taxes and social security withholdings per week;

OR

(b) All of said earnings after subtracting income taxes, social security withholdings, and _____________

(insert 30 x federal minimum hourly wage) per week.

2. That withholding of said amounts shall continue until the following is fully paid:

(a) Judgment $______________________________

(b) Costs $______________________________

(c) Interest to Date $______________________________

(d) Service Fee $______________________________

(e) Minus paid to date $______________________________

Total Amount Owing $ ______________________________

3. The Garnishee Defendant is ordered to pay to the Clerk of this Court the withhold amounts every 30 days

and place the above cause number on each check, said payments to commence when all prior garnishment orders

against Defendant have been satisfied.

4. The Clerk of this Court shall serve a copy of this order on the Garnishee Defendant, and on Judgment Defendant.

Dated:________________________ _______________________________

Judge

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NOTICE TO GARNISHEE DEFENDANT AND JUDGMENT DEFENDANT

Indiana Code 24-4.5-5-106 provides as follows: NO DISCHARGE FROM EMPLOYMENT FOR GARNISHMENT

- No employer shall discharge an employee for the reason that a creditor or creditors of the employee has subjected or

attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for

the purpose of paying a judgment or judgments.

Indiana Code 24-4.5-5-202 provides as follows: EFFECT OF VIOLATIONS ON RIGHTS OF PARTIES – (6) if an

employer discharges an employee in violation of the provisions prohibiting discharge (24-4.5-5-106) the employee

may within six months bring a civil action for recovery of wages lost as a result of the violation and for an order

requiring the reinstatement of the employee. Damages recoverable shall not exceed lost wages for six weeks.

GARNISHEE DEFENDANT FEE:

Pursuant to I.C.24-4.5-5-105, the Garnishee Defendant may collect, as a fee to compensate the employer for making

deductions, an amount equal to the greater of twelve dollars ($12.00) or three percent (3%) of the amount owing. One-half (1/2) of said fee shall be borne by the debtor and may be deducted directly from the employee’s disposable

earnings. The other one-half (1/2) of said fee shall be borne by the creditor and the Garnishee Defendant is allowed

to retain this portion of the fee from the funds that would otherwise be paid to the Clerk pursuant to this Order.

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19. LR92-SC00-2 LIMITATION ON FILING PROCEEDING

SUPPLEMENTAL

Once a proceeding supplemental has been filed a subsequent proceeding supplemental may

not be filed for a period of one (1) year unless the Plaintiff submits to the Court a statement

demonstrating a material change in the financial circumstances of the Defendant.

20. LR92-SC00-3 SCHEDULING OF COLLECTION HEARINGS

A. Unless the participation of the Judge is specifically requested by the judgment holder or

judgment debtor, the First Hearing, Proceeding Supplemental, or Rule to Show Cause

hearings will be conducted informally by the parties, without the presence of the Judge.

Said hearings with the Judge will be conducted on the record upon request by either Party.

The hearings will be scheduled by the Court. Counsel shall inform the court staff of the

result of the informal hearings by E-file within ten (10) days.

B. No Plaintiff or single law firm shall have more than 40 cases per day for informal hearings.

C. Small Claim trials are limited to a total of thirty (30) minutes, unless either Party has

requested in advance a longer trial setting.

MENTAL HEALTH RULE

21. LR92-MH-1 APPLICATION FOR EMERGENCY DETENTION FOR

TREATMENT OF MENTALLY ILL INDIVIDUALS

Any application for emergency detention for treatment of mentally ill individuals shall

comply with Indiana Code 12-26-5-1 and Indiana Code 12-26-5-2.

A judicial officer authorized to issue a warrant for arrest may, after proper application and

after making a determination that emergency detention is necessary, endorse an application made

pursuant to Indiana Code 12-26-1-2 in any of the following manners:

1. By signing the application;

2. In a non-adversarial, recorded hearing before the judge;

3. Orally on a recorded line by telephone or radio;

4. In writing by facsimile transmission (FAX); or

5. In a writing by electronic mail or other electronic transmission.

If the application is made orally by telephone or radio, the applicant shall recite the facts

required by Indiana Code 12-26-5-1 under penalty for perjury and shall read to the judge the entire

contents of the application. The judge may direct the applicant to modify the terms of the

emergency detention. If the judge agrees to the emergency detention, the judge shall direct the

applicant to sign the judge’s name to the application and enter the time of its issuance.

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DISSOLUTION RULE

22. LR92-DR-1 DISSOLUTION OF MARRIAGE/JUVENILE

PATERNITY

A. Provisional Relief Hearing. Before a date and time is set for hearing on a Motion for

Provisional Orders, the parties or their counsel shall attempt to resolve all provisional

matters by way of Agreed Entry. At the beginning of each provisional order hearing,

the parties will be asked if a meeting to attempt to resolve the matter has occurred. If

not, the hearing will be vacated and a new hearing date shall be set once the parties

have complied with this rule.

On or before the date the Motion for Provisional Orders is set for hearing each party, if

applicable, shall file with the court the Child Support Obligation Worksheet and Parenting Time

Credit Worksheet (and Post-Secondary Education Worksheet if necessary) which are found at:

https://www.in.gov/courts/services/child-support-calculator/. If a temporary division of marital

assets and/or debts is to be at issue at the hearing, then the parties shall file with the Court the

Statement of Assets and Liabilities as set forth at Appendix 1.

B. Final Hearing. The court has made available to parties a Statement of Assets and

Liabilities as set forth at Appendix 1. Court time for a final contested hearing on a

Petition for Dissolution of Marriage will not be scheduled until a party has fully

completed and filed a Statement of Assets and Liabilities. Parties may submit an

affidavit confirming the Party has provided a Statement of Assets and Liabilities to the

opposing Party in order to comply with this rule.

C. Custody Evaluations. Unless waived by the Court, no case involving the issue of

contested child custody will be set for final hearing until there is filed with the Court a

custodial evaluation prepared by an expert approved by the Court. Upon request, the

Court will allocate costs subject to review at final hearing. The written report of the

expert shall be deemed admitted into evidence subject to cross-examination. However,

no custody evaluation may be conducted, ordered by the Court, or requested by any

party unless and until cooperative approaches, such as mediation, have been exhausted.

D. Parenting Time Schedule. Unless the Court enters specific orders to the contrary,

any order of the Court providing for custody of children shall be deemed to provide, by

operation of this rule, for the implementation of parenting time with said child(ren) by

the non-custodial parent in accordance with the Indiana Parenting Time Guidelines.

E. Verified Submission of Child Support Information. If not previously filed, on or

before the date of the final hearing on any Petition for Dissolution of Marriage, Petition

to Establish Paternity or Petition to Modify Child Support, the parties shall submit to

the Court a completed copy of the Child Support Obligation Worksheet, Parenting

Time Credit Worksheet (and Post-Secondary Education Worksheet if necessary). All

numbers shall be rounded to the nearest whole dollar. Child Support Obligation

Worksheets are available at IN.gov.

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F. Education Program. In any dissolution, legal separation or paternity case where

orders are requested regarding unemancipated children, the parties shall attend either

the Bowen Center “TransParenting” program or Choices and Changes “Shared

Parenting” program. The parties shall attend the same program. In the event the parties

cannot agree, the Petitioner shall determine which course the parties complete. Parties

shall present their certificate of completion to the court on or before the date of final

hearing.

G. Mediation. It is the policy of Whitley County courts to require mediation in juvenile

paternity and dissolution matters before setting the matter for final hearing, absent good

cause shown. Once a case is referred to mediation, it shall not be set for contested final

hearing until the court receives a written report from the mediator.

H. Post-Dissolution/Post-Adjudication. All post-dissolution petitions or counter-

petitions, or juvenile paternity actions which seek a modification of child custody or an

alteration of parenting time shall involve a child custody evaluation and/or shall be

immediately referred to mediation.

I. Modest Means Program. Whitley County Courts utilize a funding program to help

those of modest means pay for mediation in dissolution and juvenile paternity matters.

Parties who wish to participate in the program should inquire as to their eligibility,

which is based, in part, on a sliding scale of income. Further information can be found

at Whitley County Alternative Dispute Resolution Program.

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STATEMENT OF ASSETS AND LIABILITIES

IN RE: THE MARRIAGE OF:____________________________________

CAUSE NUMBER:______________________________________________

Statement of Assets

Asset Acquisition Lienholder & Real or Distribution to

Date & Cost Amount Personal Assets H/W

by H/W

Statement of Liabilities

Creditor Description of Obligor Current Payment Rate

Debt Balance

Appendix 1

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HUSBAND WIFE

Total Value of Property

Total Debts

Net Value

Proposed Equalization Husband to Wife: Wife to Husband:

Judgment

I affirm under the penalties of perjury that the above statements are true.

Date:_________________ Petitioner’s Signature:______________________________

I affirm under the penalties of perjury that the above statements are true.

Date:________________ Respondent’s Signature: ___________________________

Submitted by: ___________________________________

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