Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-175

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Rush County

Supreme Court Case No.

25S-MS-175

Order Approving Amended Local Rules

The Judges of the Rush Circuit and Superior Courts request the approval of amended local

rules for caseload allocation in accordance with Administrative Rule 1(E), for court reporter

services in accordance with Administrative Rule 15, for special judge assignments in accordance

with Trial Procedure Rule 79, and for criminal special judge assignments in accordance with

Administrative Rule 21. Attached to this Order are the proposed amended local rules.

Upon examination of the proposed rule amendments requested by the Rush Circuit and

Superior Courts, this Court finds that the proposed amendments to LR70-AR 00-1, LR70-AR

1(E)(6)-8, LR70-AR 8(C)-9, LR70-AR 1(E)(6)-10, LR70-FL 00-1, LR70-JV 00-1, and LR70- SC

00-1 comply with the requirements of Administrative Rule 1(E), the amendments to LR70-AR

15(C)(1)-5 comply with Administrative Rule 15, the amendments to LR70-TR 79-2 comply

with Trial Rule 79, and the amendments to LR70-AR 21-11 comply with Administrative Rule

21, and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR70-AR

00-1, LR70-AR 1(E)(6)-8, LR70-AR 8(C)-9, LR70-AR 1(E)(6)-10, LR70-FL 00-1, LR70-JV

00-1, LR70-SC 00-1, LR70-AR 15(C)(1)-5, LR70-TR 79-2, and LR70-AR 21-11, for the Rush

Circuit and Superior Courts, set forth as attachments to this Order, are approved effective

January 1, 2026.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

7/14/2025

LR70 – TR 79-2 Special Judge Selection in Civil Cases

In the event of filing of a motion for change of judge, or a

disqualification or recusal by the sitting judge, and the parties do not agree on a

special judge under Trial Rule 79 (D) or the special judge selected does not

accept the case, a special judge shall be designated by the Clerk of the Rush

Superior and Rush Circuit Courts. The Clerk shall first assign the case to the

other sitting judge in Rush County and, if that Judge is unable to serve, then in

sequence from the following list of judges:

1. Judge, Decatur Circuit Court

2. Judge, Franklin Circuit Court I

3. Judge, Henry Circuit Court I

4. Judge, Fayette Circuit Court

5. Judge, Union Circuit Court

6. Judge, Wayne Circuit Court

7. Judge, Decatur Superior Court

8. Judge, Franklin Circuit Court II

9. Judge, Shelby Superior Court I

10. Judge, Henry Circuit Court II

11. Judge, Fayette Superior Court

12. Judge, Wayne Superior Court No. I

13. Judge, Henry Circuit Court III

14. Judge, Wayne Superior Court No. II

15. Judge, Wayne Superior Court No. III

16. Magistrate, Wayne County Superior Court No. III

17. IV. D Commissioner, Wayne County

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 a Special Judge. In the event the Judge

presiding in a Felony or Misdemeanor case concludes that the unique

circumstances presented in such proceeding require appointment by the Indiana

Supreme Court of a Special Judge, this presiding Judge may request the Indiana

Supreme Court for such appointment.

LR70 – AR 00-1 Case Assignment

Until further order of the Courts the following case assignments will be

in effect for case distribution between the Rush Circuit Court and Rush Superior

Court:

A. Infractions opened during odd numbered months shall be assigned to

Superior Court while infractions opened during even numbered

months shall be assigned to Circuit Court.

B. Unless otherwise designated, all other cases will be assigned on an

equal random basis.

LR70 – AR 1(E)(6) -8 Assignment of Criminal Cases

Until further order of the Courts the case assignments will be in effect for

case distribution between the Rush Circuit Court and Rush Superior Court for

criminal cases as follows:

A. All criminal cases with material elements (or separate counts)

involving drugs or alcohol shall be assigned to Superior Court.

B. All other criminal cases shall be assigned to Circuit Court.

LR70 – AR 8(C) -9 Transfer of Cases Between Courts

A Judge of Rush Circuit or Rush Superior Court by appropriate order

entered in the Record of Judgment Orders may transfer and reassign to the other

court of record within the county with jurisdiction to hear the charged offense in

any pending case, subject to acceptance by the receiving court. Whenever a case

is transferred between the Rush Circuit or the Rush Superior courts, only the

court identifier in the first group of characters in the case number shall be

changed. No change shall be made to the fourth group of characters in the case

number.

LR70 – AR 1(E)(6) -10 Refiling and Subsequent Filings of Criminal Cases

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.

LR70 – AR 15(C)(1) -5 Preparation of Transcripts

The undersigned Courts comprise all the Courts of record of Rush

County, Indiana and hereby adopt the following Local Rule by which

Court Reporter services shall be governed.

PREPARATION OF TRANSCRIPTS FOR INDIGENT PERSONS

1. All transcripts for indigent persons are prepared during the

regular business hours of the Court.

2. In the event an indigent transcript cannot be prepared during

regular working hours, the Reporter must receive permission

from the Judge to prepare portions of the transcript outside the

regular business hours of the Court.

3. Upon approval by the Judge for preparation of indigent

transcripts outside of the regular business hours, the Reporter

shall charge no more than $4.25 per page for transcripts outside

of the regular business hours. The Reporter shall charge no

more than $1.25 per page for each copy of the transcript. A

minimum fee of $35.00 per transcript may be charged for small

transcripts and is not to be used in addition to a per page fee.

The Index and Table of Contents shall be charged at the per

page rate. The Reporter may charge up to $14.00 per hour for

time spent binding the transcript and exhibit binders. The

Reporter may charge reasonable costs for office supplies for

binding and electronic transmission not to exceed $1.00 per

diskette and $.75 per binder. The Reporter shall submit a claim

to the county for the preparation of indigent transcripts. The

claim must be approved by the supervising Judge.

4. The fees for any state indigent transcripts shall be the same

amount as the fee for county transcripts.

5. The Court Reporter shall report, at least on an annual basis, all

transcript fees received for the preparation of 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.

6. In preparing non-indigent transcripts, the Court Reporter may

contract directly with a party or attorney to provide the services.

The Court Reporter shall charge with a party or attorney to

provide the services. The Court Reporter shall charge no more

than $ 4.25 per page for an original transcript and $1.25 for a

copy of a transcript. In the event the court Reporter uses any

Court equipment for the preparation of a private transcript she

shall reimburse Rush County at a rate of $.01 per page. The

reimbursement shall be made once per quarter no later than

January 15, April 15, July 15 and October 15.

LR70 – AR 21-11 Appointment of Special Judge in Criminal Cases

In the event a change of judge is granted or a judge is disqualified or

recuses in either Rush Circuit or Rush Superior Court, the case shall be

reassigned as follows: the Clerk shall first assign the case to the other sitting

judge in Rush County and, if that Judge is unable to serve, then to a special

judge who shall be selected randomly from a list of eligible judges from within

the District and the contiguous counties, and then in sequence from the

following list of judges:

1. Judge, Decatur Circuit Court

2. Judge, Franklin Circuit Court I

3. Judge, Henry Circuit Court I

4. Judge, Fayette Circuit Court

5. Judge, Union Circuit Court

6. Judge, Wayne Circuit Court

7. Judge, Shelby Circuit Court

8. Judge Hancock Circuit Court

9. Judge, Decatur Superior Court

10. Judge, Franklin Circuit Court II

11. Judge, Shelby Superior Court I

12. Judge, Hancock Superior Court No. I

13. Judge, Henry Circuit Court II

14. Judge, Fayette Superior Court

15. Judge, Wayne Superior Court No. I

16. Judge, Henry Circuit Court III

17. Judge, Wayne Superior Court No. II

18. Judge, Shelby Superior Court No. II

19. Judge, Hancock Superior Court No. II

20. Judge, Wayne Superior Court No. III

21. Magistrate, Shelby County

22. Magistrate, Hancock County Circuit Court

23. Magistrate, Wayne County Superior Court No. III

24. IV. D Commissioner, Wayne County

Multiple cases may be assigned to one judge if the cases are related.

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 a Special Judge. In the event the Judge

presiding in a Felony or Misdemeanor case concludes that the unique

circumstances presented in such proceeding require appointment by the Indiana

Supreme Court of a Special Judge, this presiding Judge may request the Indiana

Supreme Court for such appointment.

LR70 – FL 00-1 Case Assignment

Until further order of the Courts all cases shall be assigned on an equal random

basis. However, if a new case is filed that is related to a pending case, the new matter

shall be filed in the same court as the currently pending case. By way of illustration

only, if a JP case is pending, and a GV case is filed, the GV case shall be filed in the

same court in which the JP case is pending. Case types which may involve related cases

are JP, DC, DN, GU, GV, and PO.

LR70 – JV 00-1 Case Assignment

Until further order of the Courts the case assignments will be in

effect for case distribution between the Rush Circuit Court and Rush

Superior Court for criminal cases as follows:

A. CHINS cases shall be assigned to Circuit Court.

B. TPR cases shall be assigned to Superior Court.

C. All other cases will be assigned on an equal random basis.

However, if a juvenile has an open delinquency case, all

subsequent delinquency cases shall be filed in the same court

as the open case.

LR70 – SC 00-1 Case Assignment

Small claims for Atlas Collections and the schools shall be

assigned to Circuit Court.

All other small claims shall be assigned to Superior Court.