Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-196

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Hamilton County

Supreme Court Case No.

25S-MS-196

Order Approving Amended Local Rules

The Judges of the Hamilton Circuit and Superior Courts request the approval of amended

local rules for caseload allocation in accordance with Administrative Rule 1(E) and for court

reporter services in accordance with Administrative Rule 15. Attached to this Order are the

proposed amended local rules.

Upon examination of the proposed rule amendments requested by the Hamilton Circuit

and Superior Courts, this Court finds that the proposed amendments to LR29-AR00-103

comply with the requirements of Administrative Rule 1(E) and the amendments to LR29-AR15-

108 comply with Administrative Rule 15, and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR29-AR00-

103 and LR29-AR15-108, for the Hamilton Circuit and Superior Courts, set forth as

attachments to this Order, are approved effective September 1, 2025.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

8/1/2025

LR29-AR00-103. PLAN FOR ALLOCATION OF JUDICIAL RESOURCES

103.10 The Circuit and Superior Courts of Hamilton County have previously adopted various

rules concerning the filing of certain types of matters in the Hamilton Circuit and Superior

Courts. Unless changed by addition, amendment and/or deletion, those rules remain in effect.

In conjunction with the adoption of this Local Rule and plan, the following Hamilton County

Local Rules also affect the allocation of judicial resources: LR29-AR00-110. Assignment of

Infraction and Ordinance Violation Cases; LR29-TR76-210. Transfer of Small Claims,

Infraction and Ordinance Violation Cases and Protective Orders in the Event of

Disqualification; LR29-CR00-301. Criminal Random Filing; LR29-CR00-302. Clerk

Procedures to Accomplish Criminal Random Filing; LR29-CR00-303. Filing Co-Defendants

Under the Hamilton County Criminal Random Filing Rule; LR29-CR00-304. Filing Felony

Cases Arising from Juvenile Waiver Hearings; LR29-CR13-312. Coordinated Local Rule of the

Courts of Hamilton County, Enacted in Compliance with C.R. 2.2(D) and 13(C); LR29-DN01-

602. Rules for Trial De Novo Following Civil Judgments; LR29-DN02-603. Rules for Trial De

Novo Following Judgments for Infractions or Ordinance Violations; LR29-DN02-604. Rules

for Trial De Novo Following Misdemeanor Trial in City or Town Court; LR29-PR00-702.

Filing of Pleadings; and LR29-JV00-801. Assignment of Juvenile Case Numbers.

103.20 All requests for a prosecutor subpoena shall be filed in Superior Court No. 4, Superior

Court No. 6, and Superior Court No. 7 on an even and random basis.

103.30 All requests for an order requiring the Indiana Bureau of Motor Vehicles to issue a title

shall be filed in Superior Court No. 4. All petitions for change of name and/or gender marker

shall be filed in Hamilton Circuit Court. All other MI cases shall be filed in any Hamilton

Circuit or Superior Court. CE cases shall be filed in Superior Court No. 2. GV and RA cases

shall be filed in any Hamilton Circuit or Superior Court.

103.40 Evictions (EV) and Small Claims (SC) cases shall be filed in Superior Court No. 4,

Superior Court No. 6, and Superior Court No. 7.

103.50 The judges of the Courts of record of Hamilton County shall meet at least once annually

for the purpose of reviewing the weighted caseload of each court, and at such other times as

may be required either by the Courts themselves or to comply with new orders of the Indiana

Supreme Court or to comply with the District Plan.

103.60 The judge of the Circuit Court may, with the consent of the judge of a receiving Superior

Court, transfer any action either filed and/or docketed in the Circuit Court to the Superior

Court to be re-docketed and disposed of as if originally filed with the receiving Superior Court.

The judge of a Superior Court may, with the consent of the judge of the receiving Circuit Court

or other receiving Superior Court, transfer any action either filed and/or docketed in the

Superior Court to the Circuit Court or the other Superior Court to be re-docketed and disposed

of as if originally filed with the receiving Court.

LR29-AR15-108. COURT REPORTERS AND PROCEDURES

108.10 The Official Court Reporter serving each court has not only the duties assigned by the

Court she or he serves but also certain statutory duties. The purpose of this Rule is to establish

personnel policies relating to the Court Reporters’ special duties.

108.15 Definitions:

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

official court reporting services for the Court including preparing a transcript of the

record.

b. “Equipment” means all physical items owned by the Court or other 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, and transcribing electronic

data.

c. “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 any designated

office space.

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

in the form required by Indiana Rule of Appellate Procedure 7.2.

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

required by Indiana Rule of Trial Procedure 74.

f. “Regular hours” worked means those hours which the Court is regularly scheduled to

work during any given work week. Hamilton County required work hours are 37.5 per

week.

g. “Gap hours” worked means those hours worked that are in excess of the regular hours

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

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

work week.

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

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

through Tuesday, and Friday through Thursday.

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

may also mean a group of courts, i.e., county courts.

k. “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.

l. “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 a court.

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

transcript that is paid for by a private party.

108.20 A court reporter shall be permitted to type transcripts of official court proceedings during

county-compensated hours. Equipment and supplies shall be used for the recording and/or

preparation of such transcripts. If the recording or preparation of such transcripts requires

overtime, such court reporter will be either paid overtime or given compensatory time.

108.25 A court reporter shall be paid an annual salary for time spent working under the control,

direction, and direct supervision of the court during all regular work hours, gap hours, or

overtime hours.

108.30 The amount of the annual salary of each court reporter shall be set by each court subject

to the approval of the Hamilton County Council.

108.35 The annual salary paid to the court reporter shall be for a fixed scheduled 37.5 regular

working hours per week.

108.40 The court reporter shall, if requested or ordered, prepare any transcript during regular

working hours.

108.45 In the event that preparing a transcript could not be completed during regular working

hours, a court reporter shall be entitled to additional compensation beyond regular salary under

the two options set forth below:

a. Gap hours shall be paid in the amount equal to the hourly rate of the annual salary; and

overtime hours shall be paid in the amount of 1.5 times the hourly rate of the annual

salary; or

b. Compensatory time off from regular work hours shall be given in the amount equal to

the number of gap hours worked; and compensatory time off from regular work hours

shall be given in the amount of 1.5 times the number of overtime hours worked.

108.50 Each court and court reporter may freely negotiate between themselves as to which of

the two options may be utilized and the Court and court reporter shall enter into a written

agreement designating the terms of such agreement.

108.55 A court reporter may charge $5.25 per page for non-appellate county and state indigent

transcripts and $6.25 per page for appellate county and state indigent transcripts. A court

reporter shall submit directly to the county a claim for preparation of county indigent

transcripts.

108.60 A court reporter may, at the request of another official court reporter, agree to prepare

court proceedings of another court. Such preparation shall not be done on county-compensated

hours, but county equipment and supplies may be used. In addition, a court reporter may do

private recording or preparation of depositions, but a court reporter shall not do any recording

or preparation of private depositions during county-compensated hours, and county equipment

and supplies shall not be used for recording or preparation of such depositions.

108.65 A court reporter may charge a maximum of $5.25 per page for non-appellate transcripts

prepared for a private party (i.e., either a hearing transcript or a deposition transcript), and a

maximum of $6.25 per page for an appellate transcript prepared for a private party.

108.70 The court reporter shall report on an annual basis to the State Court Administrator all

transcript fees, whether county indigent, state indigent, or private received by the court reporter.

108.75 Modification of this policy may be made to meet the security, scheduling or other unique

needs of a particular case. Any modification shall be by written order of the Court. An

individual requesting modification of this policy should provide the Court a factual and/or legal

basis for such request and specifically set forth what items are being requested. (Form AR15-

109).