Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-233

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Hendricks County

Supreme Court Case No.

25S-MS-233

Order Approving Amended Local Rules

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

local rules for caseload allocation in accordance with Administrative Rule 1(E) 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 Hendricks Circuit

and Superior Courts, this Court finds that the proposed amendments to LR32-AR1 Rule 1 and

LR32-AR1 Rule 2 comply with the requirements of Administrative Rule 1(E), and the

amendments to LR32-AR21 Rule 1 comply with Administrative Rule 21, and, accordingly,

should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR32-AR1

Rule 1, LR32-AR1 Rule 2, and LR32-AR21 Rule 1, for the Hendricks 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

9/5/2025

LR32-AR1 Rule 1 Plan for Allocation of Judicial Resources

Criminal Cases

Criminal case assignment will operate as specified in LR32-AR1 Rule 2.

Juvenile Cases

A. All JCs, JDs, JSs, JMs, JTs, and JQs shall be filed in Hendricks Superior Court No. 3.

B. All JPs shall be filed in Hendricks Superior Court No. 1, Hendricks Superior Court No.

2, Hendricks Superior Court No. 3, and Hendricks Superior Court No. 4 on an even and

random basis.

C. JPs involving children who are the subject of a pending JC or JT shall be filed in

Hendricks Superior Court No. 3 regardless of that Court’s case type limit.

D. In the event the judge of Hendricks Superior Court No. 3 enters an order of

disqualification or recusal on a pending JC, JD, JS, JM, JT, or JQ, that case shall be

transferred to another local judge.

Remaining Civil Cases

A. Civil Plenary. PLs shall be filed in Hendricks Superior Court No. 1 and Hendricks

Superior Court No. 4 subject to the case type limits set forth in Appendix A.

B. Civil Tort. CTs shall be filed in Hendricks Circuit Court and Hendricks Superior Court

No. 1 subject to the case type limits set forth in Appendix A.

C. Civil Collection. CCs shall be filed in Hendricks Circuit Court, Hendricks Superior

Court No. 4, and Hendricks Superior Court No. 5 subject to the case type limits set forth

in Appendix A.

D. Domestic Relations

1. Except as set forth below, Domestic Relations With Children (DCs) shall be filed in

Hendricks Circuit Court, Hendricks Superior Court No. 1, Hendricks Superior Court

No. 2, Hendricks Superior Court No. 3, and Hendricks Superior Court No. 4, subject to

the case type limits set forth in Appendix A.

2. Except as set forth below, Domestic Relations No Children (DNs) shall be filed in

Hendricks Circuit Court, Hendricks Superior Court No. 1, Hendricks Superior Court

No. 2, and Hendricks Superior Court No. 4, subject to the case type limits set forth in

Appendix A.

3. DCs involving children who are the subject of a pending JC or JT shall be filed in

Hendricks Superior Court No. 3 regardless of that court’s case type limit.

4. When all courts have reached their limit for DCs, a party may choose to file a DC in

Hendricks Circuit Court, Hendricks Superior Court No. 1, Hendricks Superior Court

No. 2, Hendricks Superior Court No. 3, or Hendricks Superior Court No. 4.

5. When all courts have reached their limit for DNs, a party may choose to file a DN in

Hendricks Circuit Court, Hendricks Superior Court No. 1, Hendricks Superior Court

No. 2, or Hendricks Superior Court No. 4.

E. Grandparent Visitation

1. Except as set forth below, all GVs shall be filed in Hendricks Superior Court No. 1.

2. Any petition for grandparent visitation with a child already subject to a parenting time

order issued by a court of record in this county shall be filed in the same court that issued

the parenting time order.

F. Miscellaneous. MIs shall be filed in Hendricks Superior Court No. 1 and Hendricks

Superior Court No. 5, subject to the case type limits set forth in Appendix A. However,

the only MIs to be filed in Hendricks Superior Court No. 5 shall be (1) those MIs filed

under IC 9-30-16-4 and (2) all cases filed as an MI for replacement of a lost vehicle title.

G. Mortgage Foreclosure. All MFs shall be filed in Hendricks Superior Court No. 2.

H. Order of Protection

1. POs shall be filed in Hendricks Superior Court No. 1, Hendricks Superior Court No. 2,

Hendricks Superior Court No. 3, and Hendricks Superior Court No. 5, subject to the

case type limits set forth in Appendix A.

2. If a petitioner seeks an order of protection against an unemancipated minor pursuant to

IC 34-26-5-2, the case shall be filed in Hendricks Superior Court No. 3.

I. Probate

1. Except as set forth below, all ADs, ESs, EUs, EMs, GMs, GUs, and TRs be filed in

Hendricks Superior Court No. 2.

2. ADs of a minor child who is the subject of a pending JC or JT shall be filed in Hendricks

Superior Court No. 3.

3. GUs and GMs of a minor child who is the subject of a pending JC or JT shall be filed in

Hendricks Superior Court No. 3.

J. Small Claim. SCs shall be filed in Hendricks Superior Court No. 1, Hendricks Superior

Court No. 3, Hendricks Superior Court No. 4, and Hendricks Superior Court No. 5 on

an even and random basis.

K. Eviction. All EVs shall be filed in Hendricks Superior Court No. 1, Hendricks Superior

Court No. 3, Hendricks Superior Court No. 4, and Hendricks Superior Court No. 5 on

an even and random basis.

L. Reciprocal Support

1. All RSs shall be filed in Hendricks Superior Court No. 3.

2. In the event the judge of Hendricks Superior Court No. 3 enters an order of

disqualification or recusal on a pending RS, that case shall be transferred to another local

judge.

M. Tax Deed/Tax Sale. All Verified Petitions for Issuance of a Tax Deed (TPs) and

Applications of Judgment in a Tax Sale (TSs) shall be filed in Hendricks Circuit Court.

N. Mental Health. All MHs shall be filed in Hendricks Superior Court No. 2.

O. Expungement. Expungements shall be filed in Hendricks Circuit Court, Hendricks

Superior Court No. 2, Hendricks Superior Court No. 4, and Hendricks Superior Court

No. 5 on an even and random basis.

P. Red Flag. RFs shall be filed in Hendricks Circuit Court, Hendricks Superior Court No.

2, Hendricks Superior Court No. 4, and Hendricks Superior Court No. 5 on an even

and random basis.

Q. Commercial Court Eligible. All CEs eligible for transfer to the Commercial Court

Docket shall be filed in Hendricks Circuit Court.

R. Judicial Review of Administrative Agency Decisions. All RAs shall be filed in

Hendricks Circuit Court.

S. In the event a party in a civil case does not request to file in a particular court, the case

shall be assigned on a random basis to a court that hears that case type, subject to the

case type limits set forth in Appendix A.

Reassignment

A. When a court has reached its limit for a case type, no additional cases of that type shall

be filed in that court until all other courts have reached their limit for that case type as

set forth in Appendix A.

B. When a court has reached its limit for a case type, the Clerk shall notify all courts of this

fact and post notice to this effect in the Clerk’s Office.

C. Except where these rules provide otherwise, when all courts have reached their limit for

a case type, any additional cases of that type shall be assigned on a rotating basis among

the courts that hear that case type.

D. This rule does not limit the authority of the judges and magistrates of the courts of

record in the county to preside over hearings or issue orders for one another to promote

efficiency and provide for timely resolution of cases.

E. Cases transferred from one court to another shall not be included in the receiving

court’s limit for that case type as set forth in Appendix A.

Evaluation of Caseload

The judges of the Hendricks County Courts shall develop and implement a caseload allocation

plan for the county that ensures an even distribution of judicial caseloads among the judges.

Changes necessary to ensure this even distribution shall be developed and implemented

consistent with Indiana Administrative Rule 1.

Appendix A to LR32-AR1 Rule 1 Plan for Allocation of Judicial Resources

C01 D01 D02 D03 D04 D05

CC 1/3

(1,268)

1/3

(1,267)

1/3

(1,267)

CE All

CT 78 154

DC 63 117 31 63 63

DN 85 110 131 0 55

EV ¼ (350) ¼ (350) ¼ (350) ¼ (350)

GV All

JC/JD/JS/JM/JT/JQ All

JP ¼ (49) ¼ (49) ¼ (48) ¼ (48)

MF All

MH/AD/ES/EU/EM/GM/GU

/TR

All

MI 245 119

PL 92 91

PO 1/6

(102)

1/3

(205)

1/3

(205)

1/6

(103)

RA All

RS All

SC ¼ (291) ¼ (291) ¼ (291) ¼ (291)

TP/TS All

LR32-AR1 Rule 2 Assignment of Criminal Cases

Definitions

A. “Week” shall mean 12:01 a.m. Friday until 12:00 a.m. the following Friday.

B. “Pending criminal case” means a criminal case in which there is either no disposition of

the charge(s) via a determination of guilt or dismissal or the defendant has not yet been

discharged from the sentence imposed, including probation.

Criminal Case Assignment

A. General Rule

1. Except as set forth below, all criminal case types shall be assigned according to the

weekly rotation below by the date on which the offense alleged in the charging

document (including grand jury indictments) occurred:

MR-F5 F6

Week 1 Hendricks Circuit Court Hendricks Circuit Court

Week 2 Hendricks Superior Court No. 4 Hendricks Superior Court No. 2

Week 3 Hendricks Superior Court No. 5 Hendricks Superior Court No. 5

Week 4 Hendricks Superior Court No. 4 Hendricks Superior Court No. 3

CM

Week 1 Hendricks Circuit Court

Week 2 Hendricks Superior Court No. 2

Week 3 Hendricks Superior Court No. 5

Week 4 Hendricks Superior Court No. 3

Week 5 Hendricks Superior Court No. 1

2. In the event of multiple offenses, the date on which the earliest offense alleged in the

charging document occurred shall govern the assignment. Filing of multiple offenses

shall comply with Indiana Administrative Rule 1(B)

3. In the event a charging document does not set forth a date on which the alleged offense

occurred, the case shall be assigned to a court of record in the county on a random basis.

4. All criminal case types shall be assigned to Hendricks Superior Court No. 5 on January

1, 2026. The week beginning 12:01 a.m. on Friday, January 2, 2026 shall be deemed

Week 1.

B. Domestic Violence Cases. All cases filed under IC 35-42-2-1.3 or IC 35-46-1-15.1 shall be

assigned to Hendricks Superior Court No. 5.

C. Escape or Failure to Return to Lawful Detention Cases. All cases filed under IC 35-44.1-

3-4 shall be assigned to the court that issued the order that the defendant allegedly

violated by committing escape.

D. Post-Conviction Relief Petitions

1. All PCs shall be assigned to the same court where the defendant was tried or pled guilty.

2. In the event the defendant was tried or pled guilty in another county, the PC shall be

assigned according to the weekly rotation as defined in this rule.

E. Miscellaneous Criminal Cases

1. Except as set forth below, all MCs shall be assigned according to the weekly rotation

below:

MC

Week 1 Hendricks Circuit Court

Week 2 Hendricks Superior Court No. 2

Week 3 Hendricks Superior Court No. 5

Week 4 Hendricks Superior Court No. 3

Week 5 Hendricks Superior Court No. 1

Week 6 Hendricks Superior Court No. 4

2. When a defendant has a pending criminal case in the Hendricks Circuit or Superior

Courts, the Hendricks County Prosecuting Attorney shall file all search warrant requests

as MCs in the court presiding over the criminal case.

3. In the event the prosecutor declines to file charges against an individual who has been

arrested – whether released on bond from the Hendricks County Jail or not – the

prosecutor shall file a notice of declination of criminal charges. This notice shall be

assigned an MC case type.

F. Red Flag. RFs shall be filed in Hendricks Circuit Court, Hendricks Superior Court No. 2,

Hendricks Superior Court No. 4, and Hendricks Superior Court No. 5 on an even and

random basis.

G. Infractions and Ordinance Violations

1. Unless filed as additional charges in a felony or misdemeanor proceeding (in which case

the infractions shall be resolved in conjunction with the felony or misdemeanor

proceeding):

a. All IFs issued by the Danville Police Department shall be assigned to Hendricks

Superior Court No. 5.

b. All IFs issued by the Avon Police Department shall be assigned to Brownsburg

Town Court.

c. All other IFs shall be assigned to the appropriate Town Court.

2. All OVs issued by the Towns of Amo or Danville shall be assigned to Hendricks

Superior Court No. 5.

3. All OVs issued by the Town of Avon shall be assigned to Brownsburg Town Court.

4. All other OVs shall be assigned to the appropriate Town Court.

H. Town Courts

1. Brownsburg Town Court

a. All CMs that occur within the limits of the town of Brownsburg shall be assigned to

Brownsburg Town Court except cases filed under:

i. IC 9-30-5-1,

ii. IC 9-30-5-2,

iii. IC 35-42-2-1.3, or

iv. IC 35-46-1-15.1.

2. Plainfield Town Court

a. All CMs that occur within the limits of the town of Plainfield shall be assigned to

Plainfield Town Court except cases filed under:

i. IC 9-30-5-1,

ii. IC 9-30-5-2,

iii. IC 35-42-2-1.3, or

iv. IC 35-46-1-15.1.

Re-Filings and Subsequent Filings

A. Subsequent to Dismissals. In the event the State of Indiana dismisses a case or charge,

any subsequent re-filing of that case or charge against the defendant shall be assigned to

the court from which the dismissal was taken.

B. Filing of Additional Charges. When additional charges are filed against a defendant

subsequent to the assignment of the case, all such additional charges to be resolved in

conjunction with the pending criminal case shall be assigned to the court of initial

assignment.

C. New Causes of Action

1. When a new cause of action is filed against a defendant in a court of record in the county

who is on probation or is a defendant in an existing felony or misdemeanor proceeding

in another court of record in the county, the judges shall confer to determine into which

court to consolidate all proceedings.

2. If the judges cannot agree upon which court to consolidate all proceedings, all

proceedings shall remain separate.

Waiver of Juvenile Jurisdiction

A. All cases involving an individual who was at least 16 years of age at the time of the

alleged violation and who is charged with one of several felony offenses listed under IC

31-30-1-4 (direct files) shall be assigned to Hendricks Superior Court No. 5.

B. In the event the juvenile court waives jurisdiction under IC 31-30-3-2 to -6, the adult

criminal case shall be assigned to Hendricks Superior Court No. 5.

LR32-AR21 Rule 1 Criminal Case Reassignment and Special Judges

Reassignment

A. In the event a change of judge is granted or it becomes necessary to assign another judge

in any felony or misdemeanor proceeding, the case shall be returned to the Clerk for

random assignment to another court of record that hears that case type.

B. A judge, by appropriate order entered in the record of judgments and orders, may

transfer and reassign any pending criminal case to any other court of record in the

county, subject to acceptance by the receiving court.

C. This rule does not limit the authority of the judges and magistrates of the courts of

record in the county to preside over hearings or issue orders for one another to promote

efficiency and provide for timely resolution of cases.

Appointment of Special Judge

A. In the event a local judge is unavailable to accept reassignment of a case pursuant to this

local rule, the case shall be returned to the Clerk for random reassignment from a list of

full-time judicial officers from contiguous counties and counties within Administrative

District 16 and senior judges.

B. In the event no judge under this rule is available for appointment or 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,

the presiding judge may request the Indiana Supreme Court for such appointment.