Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-241

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Marion County

Supreme Court Case No.

25S-MS-241

Order Approving Amended Local Rule

The Judges of the Marion Circuit and Superior Courts request the approval of an amended

local rule for caseload allocation in accordance with Administrative Rule 1(E). Attached to this

Order is the proposed amended local rule.

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

Superior Courts, this Court finds that the proposed amendments to LR49-TR3-200 comply with

the requirements of Administrative Rule 1(E), and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rule, LR49-TR3-

200, for the Marion Circuit and Superior Courts, set forth as an attachment to this Order, is

approved effective upon the date of this Order.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

9/11/2025

LR49-TR3-200 RANDOM FILING OF CIVIL CASES

A. All civil cases filed with the Marion County Clerk’s Office designated by statute or rule as

being required to be filed in certain named Courts shall be so assigned.

B. Cases involving a petition for specialized driving privileges pursuant to I.C. § 9-30-16 in

which the suspension of the driving privileges was not imposed by or recommended by a court

imposing a sentence in a criminal case, and was not based upon delinquent child support or the

person’s status as a student under I.C. § 9-24-2, shall be filed in the Marion Circuit Court; all

other petitions or requests for specialized driving privileges shall be filed in the court in which

the charges are pending or in which the sentence was imposed, in the court in which the issue of

child support is docketed, or in Marion Superior Court, Family Division if the suspension was

based upon the person’s status as a student under I.C. § 9-24-2.

C. Civil Plenary (PL), Mortgage Foreclosure (MF), Civil Collections (CC), Civil Torts (CT),

Protective Order (PO), Traffic Infractions (IF), Ordinance Violations (OV) and Eviction

(EVCD) cases shall be allocated as follows:

1. Civil Plenary (PL) cases

a. 7% shall be randomly filed in court D01, and

b. 93% shall be randomly filed in the following other Superior Courts D02, D03,

D04, D05, D06, D11, D12, and D13.

2. Civil Collections (CC) cases

a. 7% shall be randomly filed in Circuit Court, and

b. 11% shall be randomly filed in Superior Court D01, and

c. 82% shall be divided randomly and evenly filed among Superior Courts D02,

D03, D04, D05, D06, D11, D12, and D13.

3. Civil Torts (CT)

a. 5% shall be randomly filed in Circuit Court C01, and

b. 95% shall be randomly and evenly filed among Superior Courts D02, D03,

D04, D05, D06, D11, D12, and D13.

4. Protective Order (PO) cases that do not involve a relationship as defined by IC 35-

31.5-2-128

a. 7% shall be randomly filed in Circuit Court, and

b. 93% shall be filed in Superior Court, divided randomly and evenly among

Courts D01, D02, D03, D04, D05, D06, D11, D12, and D13.

5. Mortgage Foreclosure (MF) cases – all cases will be filed in court D33.

6. Eviction Cases Civil Docket (EVCD) – all cases will be filed in court D33.

7. All Traffic Infraction (IF) and Ordinance Violations (OV/OE) cases will be filed in

court D33.

a. Cases pursuant to IC 9-24-18-1, IC 9-24-19-1/FA, IC 9-24-19-2/MA et seq.

shall be filed in court D33.

8. All Commercial Court Eligible (CE) cases will be filed in court D01.

9. All Review of Administrative Agency Decision cases (AR) shall be filed in Superior

Court, divided randomly and evenly among Courts D01, D02, D03, D04, D05, D06,

D11, D12, and D13.

D. Family Cases

a. DC and DN cases shall be divided and randomly assigned to the Marion Superior

Court, Family Division Courts D09, D10, D14, D15, D16, D22 and D24.

b. JP cases shall be divided and randomly assigned to the Marion Superior Court,

Family Division Courts D09, D10, D14, D15, D16, D22 and D24.

c. Juvenile case types, with the exception of those detailed in paragraph (e) of this

rule shall be divided and randomly assigned to the Marion Superior Court, Family

Division Courts D09, D10, D14, D15, D16, D22 and D24.

d. Protective order cases that are domestic in nature (those that involve a relationship

as defined by IC 35-31.5-2-128) shall be divided and randomly assigned to Courts

D09, D10, D14, D15, D16, D22 and D24.

1. When there is an existing DN, DR, DC, or JP case, any related PO filing shall

be assigned to the same court as the existing family case.

e. All Title IV-D cases shall be assigned to the Marion Circuit Court.

f. Grandparent Visitation Cases (GV) shall be divided and randomly assigned to

Courts D09, D10, D14, D15, D16, D22 and D24.

1. When there is an existing DC or JP case, any related GV filing shall be

assigned to the same court as the existing family case.

E. Marion Superior Court, Civil Division D13 shall be assigned the following case filings:

1. Any civil case where the environment is involved as the lead issue or where a

decision of an environmental administrative agency is being appealed;

2. Any civil action that includes a count based upon or involving Indiana Code Title

13/ Environment or Title 14/ Natural and Cultural Resources;

3. Any civil action requiring judicial review from final agency action involving an

environmental matter;

4. Department of Revenue UST and solid waste fee tax warrants;

5. Common law theories of recovery such as toxic torts, property contamination

cases alleging nuisance, trespass, negligence and environmental cleanup and

contribution actions;

6. Open Door and Public Record suits or appeals related to IDEM, DNR, ISHD,

State Fire Marshall or the Fire Prevention and Building Safety Commission; and

7. Contract or other disputes involving a substantive environmental issue.

F. Civil cases involving judicial review of a zoning decision pursuant to IC 36-7-4-1601 et seq.

shall be randomly assigned.

G. Civil cases requiring judicial review of a final State Agency decision under Article 21.5 of the

Indiana Administrative Orders and Procedures Act (I.C. 4-21.5 et seq.) shall be randomly

assigned.

H. Civil cases requiring judicial review of an administrative decision of the Bureau of Motor

Vehicles pursuant to I.C. § 9-30-10 shall be filed in the Marion Circuit Court.

I. Civil cases requiring judicial review of an administrative decision of the Bureau of Motor

Vehicles pursuant to I.C. § 9-24-2 shall be filed in Marion Superior Court, Family Division

Courts D09, D10, D14, D15, D16, D22 and D24.

J. Cases involving a petition for change of name filed under I.C. § 34-28-2 shall be filed in the

Marion Circuit Court.

All civil cases other than those listed above filed with the Marion County Clerk’s Office for the

Marion Superior Court shall be assigned to an individual courtroom on a random basis. The

process for the random assignment shall be done through the Court and Clerk’s automated case

management system.