Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-319

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Tippecanoe County

Supreme Court Case No.

25S-MS-319

Order Approving Amended Local Rules

The Judges of the Tippecanoe 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 Tippecanoe Circuit

and Superior Courts, this Court finds that the proposed amendments to LR79-AR1-1 comply

with the requirements of Administrative Rule 1(E) and the proposed amendments to LR79-

AR21-3 comply with Administrative Rule 15, and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR79-AR1-1

and LR79-AR21-3 for the Tippecanoe 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

11/26/2025

LR79-AR1-1. County Caseload.

1. Criminal

a. All cases wherein the most serious charge alleged is Murder, a Class A,

B, or C felony or a Level 1, 2, 3, or 4 felony shall be assigned to

Tippecanoe Circuit Court, Tippecanoe Superior Court No. 1, and

Tippecanoe Superior Court No. 2 of Tippecanoe County, on a random

basis according to the following ratio:

Court Ratio

Tippecanoe Circuit Court 1

Tippecanoe Superior Court 1 2

Tippecanoe Superior Court 2 2

b. For any defendant who has a Class A, B, or C felony or a Level 1, 2, 3,

or 4 felony case pending or who is serving a Class A, B, or C felony or

a Level 1, 2, 3, or 4 felony sentence, whether executed or suspended,

any new case in which the most serious charge alleged is a Class A, B,

or C felony or a Level 1, 2, 3, or 4 felony shall be filed in the court

having jurisdiction of the oldest such prior case. Upon learning that

such a case has been filed in the wrong court, the prosecutor shall

within 14 days move to transfer the case to the proper court.

c. All cases wherein the most serious charge alleged is a Level 5 felony

filed under I.C. 35-42-2-1.3 (Domestic Battery) shall be assigned to

Tippecanoe Superior Court No. 1.

d. All Class D felonies, Level 6 felonies, misdemeanors, and infractions

alleging a violation of Indiana Code Title 9, Traffic Code, except cases

in which the lead charge is Operating While Suspended with Prior

Conviction, a Class A misdemeanor, shall be assigned to Superior

Court No. 6 of Tippecanoe County.

e. All traffic infractions or misdemeanors alleging a violation of Indiana

Code Title 9, Traffic Code ONLY filed against an individual sixteen

(16) or seventeen (17) years of age shall be filed in Superior Court No.

6 of Tippecanoe County.

f. All other Level 5 felonies, Class D felonies, Level 6 felonies,

misdemeanors, and infractions alleging a violation of Indiana Code

not specifically set forth in these rules shall be assigned to Superior

Court No. 4, Superior Court No. 5 and Superior Court No. 7 of

Tippecanoe County in accordance with the defendant’s date of birth as

follows:

Court Date of Birth

Tippecanoe Superior Court 4 1-10

Tippecanoe Superior Court 5 11-20

Tippecanoe Superior Court 7 21-31

i. Escape. Where it is alleged a defendant committed the offense

of Escape or Failure to Return to Lawful Detention (I.C. 35-

44.1-3-4) in violation of an order issued by a Tippecanoe

County Court, the charge of Escape or Failure to Return to

Lawful Detention shall be filed in the court which issued the

order.

ii. Where it is alleged a defendant committed the offense of

Escape or Failure to Return to Lawful Detention (I.C. 35-44.1-

3-4) in violation of an order issued by a court in any other

county, state or jurisdiction, the charge of Escape or Failure to

Return to Lawful Detention shall be filed in Tippecanoe

Superior Court No. 5.

g. When it is alleged that defendants jointly commit a crime or crimes

and the most serious charge alleged is Murder, the cases shall be

assigned together to Tippecanoe Circuit Court, Tippecanoe Superior

Court No. 1 or Tippecanoe Superior Court No. 1Superior Court No. 2

of Tippecanoe County on a random basis in the ratio of 1:2:2 set forth

above.

h. Where it is alleged that defendants jointly commit a crime or crimes,

and the most serious charge alleged is a Class A, B or C felony or a

Level 1, 2, 3, or 4 felony, their cases shall be filed together in the same

court. In any such cases where one or more of the defendants has a

Class A, B or C felony or a Level 1, 2, 3, or 4 felony case pending or is

serving a Class A, B, or C felony or a Level 1, 2, 3, or 4 sentence,

whether executed or suspended, all the cases shall be filed in the court

having jurisdiction of the oldest such prior case. Any case in which the

most serious charge is a Level 5 felony, Class D felony, Level 6 felony,

misdemeanor or infraction shall be filed as specified above,

notwithstanding any charges against co-defendants.

i. When the State of Indiana dismisses a case and chooses to re-file that

case, the case shall be assigned to the court from which dismissal was

taken.

2. Civil

a. Commercial Court Eligible. All CE case types shall be assigned to

Tippecanoe Superior Court No. 7.

b. Orders of Protection. All petitions for civil orders of protection shall

be initially filed in Tippecanoe Superior Court No. 5.

c. Collections. All CC case types in which the amount in controversy is

greater than $10,000.00 shall be assigned to Tippecanoe Superior

Court No. 1. All CC case types in which the amount in controversy is

less than $10,000.00 shall be assigned to Tippecanoe Superior Court

No. 4 and Tippecanoe Superior Court No. 5 on a random basis in

accordance with the following ratio:

Court Ratio

Tippecanoe Superior Court No. 4 1

Tippecanoe Superior Court No. 5 1

d. All MF case types shall be assigned to Superior Court No. 2 of

Tippecanoe County.

e. All RF case types shall be assigned to Superior Court No. 5 of

Tippecanoe County.

f. Expungements.

i. Petitions to expunge records under I.C. 35-38-9-1 shall be filed

in the court in which the charges were filed under a new

expungement (XP) cause without the payment of court costs,

and if no charges were filed or the petition includes Section 1

requests from multiple courts, then said petitions shall be filed

in Tippecanoe Superior Court No. 2 under a new expungement

(XP) cause without the payment of court costs.

ii. Petitions to expunge misdemeanor convictions under I.C. 35-

38-9-2, Class D or Level 6 felony convictions under I.C. 35-38-

9-3, less serious felony convictions under I.C. 35-38-9-4, and

certain serious felony convictions under I.C. 35-38-9-5 shall be

filed under a new expungement (XP) cause with the payment

of court costs. Said petitions shall be filed in the court in which

conviction was entered, unless the petition seeks to expunge

causes from multiple courts, then the petition shall be filed in

Tippecanoe Superior Court No. 2. The payment of court costs

is required so long as the petition includes a request to

expunge at least one conviction.

g. Petitions for Specialized Driving Privileges seeking to stay a court

ordered driver’s license suspension shall be filed in the court that

imposed the driver’s license suspension under an MI cause number

with payment of filing fees. All other Petitions for Specialized Driving

Privileges shall be filed in Superior Court No. 6 under an MI cause

number with payment of filing fees.

h. Petitions for Change of Name. All petitions seeking change of name

for adults and children shall be initially filed in Tippecanoe Superior

Court No. 5.

i. All civil matters not otherwise assigned in these rules, including PL,

CT, and RA case types, may be filed in Tippecanoe Circuit Court,

Tippecanoe Superior Court No. 1, or Tippecanoe Superior Court No. 2

unless the court assignment is otherwise determined by statute or

rule.

3. Small Claims/Evictions

a. Civil cases intended to be subject to the small claims rules and

jurisdictional limits, whether filed as SC or EV cases, shall be divided

between Tippecanoe Superior Court No. 4 and Tippecanoe Superior

Court No. 7, as follows:

i. All SC cases involving landlord/tenant issues and EV case

types shall be filed in Tippecanoe Superior Court No. 7.

ii. All SC cases involving other than landlord/tenant issues shall

be filed in Tippecanoe Superior Court No. 4.

b. Civil cases involving landlord/tenant issues exceeding the small

claims jurisdictional limit, whether filed as EV (civil) or other case

type, shall be filed in Tippecanoe Circuit Court, Tippecanoe Superior

Court No. 1, or Tippecanoe Superior Court No. 2.

4. Juvenile

a. Tippecanoe Superior Court No. 3 County exercises juvenile

jurisdiction only. All juvenile case types shall be filed in Tippecanoe

Superior Court No. 3.

b. JM cases involving Collaborative Care under I.C. 31-28-5.8 shall be

filed in Tippecanoe Superior Court No. 3 without payment of filing

fees. MI cases involving Petitions for Order Granting Minor Approval

to Marry under I.C. 31-11-1-7 shall be filed as a confidential case in

Tippecanoe Superior Court No. 3 with payment of civil filing fees. JM

cases involving Petitions for Waiver of Parental Consent to Abortion

under I.C. 16-34-2-4 shall be filed in Tippecanoe Superior Court No. 3

as a confidential case without payment of filing fees.

c. Petitions for Establishment of Paternity, Establishment/Enforcement

of Child Support, Legal Separation to Establish Child Support,

Reciprocal Support, Reciprocal Enforcement of Child Support

(UIFSA), Modification of Support under Uniform Child Custody

Jurisdiction Act, and/or Enforcement or Registration of Foreign Child

Support Order initiated by State of Indiana IV-D Child Support Office

shall be filed in Superior Court No. 3.

d. Petitions for Establishment of Paternity that are not initiated by the

State of Indiana IV-D Child Support Office may be filed in Tippecanoe

Circuit Court, Tippecanoe Superior Court No. 1, and Tippecanoe

Superior Court No. 2; however, petitions initiated by a pro se party

shall be assigned on a random basis according to the following ratio:

Court Ratio

Tippecanoe Circuit Court 1

Tippecanoe Superior Court No. 1 1

Tippecanoe Superior Court No. 2 1

e. Petitions to expunge court records concerning a delinquent child or a

child in need of services under I.C. 31-39-8 shall be filed in

Tippecanoe Superior Court No. 3 in the original cause without

payment of filing fees. Petitions to expunge substantiated reports of

the Department of Child Services under I.C. 31-33-27-5 shall be filed

in Tippecanoe Superior Court No. 3 under a JM cause with payment of

filing fees. Petitions to expunge juvenile delinquency records under

I.C. 35-38-9-1 shall be filed in the original cause without payment of

filing fees. Petitions to expunge juvenile delinquency arrests under

I.C. 35-38-9-1, without an existing juvenile delinquency case, shall be

filed in Tippecanoe Superior Court No. 3 under a JM cause without

payment of filing fees.

5. Family Law

a. Petitions for dissolution of marriage, with or without children, in

which a fee waiver is requested shall be filed in Tippecanoe Superior

Court No. 2.

b. All other petitions for dissolution of marriage with or without children

and petitions for separation may be filed in Tippecanoe Circuit Court,

Tippecanoe Superior Court No. 1, or Tippecanoe Superior Court No. 2.

Petitions initiated by a pro se party shall be assigned on a random

basis according to the following ratio:

Court Ratio

Tippecanoe Circuit Court 1

Tippecanoe Superior Court No. 1 1

Tippecanoe Superior Court No. 2 1

c. Petitions for grandparent visitation shall be filed in the Court with

jurisdiction over any custody/parenting time orders for the child who

is the subject of the request for grandparent visitation. If no prior

custody/parenting time orders have been issued, the petition may be

filed in Tippecanoe Circuit Court, Tippecanoe Superior Court No. 1, or

Tippecanoe Superior Court No. 2. Petitions initiated by a pro se party

shall be assigned on a random basis according to the following ratio:

Court Ratio

Tippecanoe Circuit Court 1

Tippecanoe Superior Court No. 1 1

Tippecanoe Superior Court No. 2 1

d. If it is later discovered that a petition for grandparent visitation was

filed in a court other than the court with jurisdiction over existing

custody/parenting time orders, the matter shall be transferred to the

court with appropriate jurisdiction.

6. Miscellaneous

a. All search warrants and 72-hour holds approved by the Tippecanoe

County Magistrate shall be filed in Tippecanoe Superior Court No. 7.

b. A judge, by appropriate order, may transfer and reassign to any other

court of record in the county, any pending case, subject to acceptance

by the receiving court.

A case transferred to Tippecanoe County by reason of change of venue

from another county may be assigned to a court by agreement of the

parties. In the absence of such an agreement, the case shall be filed in

accordance with this Local Rule on Case Assignments.

c. Magistrates and Commissioners.

i. The Presiding Judge of Tippecanoe Superior Courts No. 4, 5, 6,

and 7 shall assign the Magistrate to serve any of the

Tippecanoe Circuit or Superior Courts in a manner which

provides greater assistance to the courts with greater

caseloads.

ii. The Presiding Judge of Tippecanoe Superior Court No. 3 shall

assign the Juvenile Magistrate to serve Tippecanoe Superior

Court No. 3 in a manner necessary to assist with the juvenile

caseload.

iii. The Presiding Judge of Superior Court No. 3 of Tippecanoe

County shall assign the IV-D Commissioner to serve

Tippecanoe Circuit Court, Superior Court, Superior Court No.

2 and Superior Court No. 3 in a manner which provides

assistance for caseloads involving the IV-D Child Support

Office.

LR79-AR15-2. Court Reporter Services.

1. Definitions. For the purposes of this rule, all definitions listed in Ind. R.

Admin. P. 15(B) shall apply.

2. Salaries and Per Page Fees.

a. 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.

b. Court reporters may contract to prepare transcripts outside the hours

in which their attendance is required and outside hours they perform

other work pursuant to their employment relationship.

i. The maximum per page fee a court reporter may charge for

the preparation of a county indigent transcript shall be

$5.00. The court reporter shall submit a claim to the court

reporter of Superior Court 2, or as otherwise directed by

their supervising Judge, who shall submit the claim to the

county for the preparation of any county indigent

transcripts. The ancillary court department shall have the

responsibility of maintaining the budget for county indigent

transcripts.

ii. The maximum per page fee a court reporter may charge for

the preparation of a state indigent transcript shall be $5.00.

The court reporter shall submit the invoice for state indigent

transcripts directly to the state.

iii. The maximum per page fee a court reporter may charge for

the preparation of a private transcript shall be $5.00. The

court reporter shall submit the invoice for private transcripts

directly to the attorney or party requesting the transcription.

A deposit in the amount of the estimated work shall be

required from the attorney or party making a private

transcript request.

iv. Request for expedited transcript to be prepared within 24

hours must be limited to 50 pages and shall be charged at

the rate of $8.50 per page. Request for expedited transcript

to be prepared within 5 days must be limited to 150 pages

and shall be charged at a rate of $7.50 per page. Any request

over 150 pages to be completed within 15 days shall be

considered expedited and shall be charged at the rate of

$10.00 per page. Any other expedited rates may be approved

by the Judge of the Court in which the proceeding originates.

v. An additional labor charge of $25.00 may be assessed for

preparation of each volume and or binder which includes the

cost of all office supplies and electronic submission if

required.

vi. The maximum per page fee a court reporter may charge for

additional copies of a transcript (state indigent or private)

shall be $1.00. The court reporter shall submit the invoice

for the additional transcript copy directly to the attorney or

party requesting the copy.

c. Each 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 Office of

Court Administration. The reporting shall be made on forms

prescribed by the Office of Court Administration.

d. A late fee of up to $25.00 may be assessed against any private pay

transcript in the event payment is not made within 10 days from the

date of the Notice of Filing of Transcript.

3. Private Practice.

a. 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

equipment for such purpose, the court and the court reporter shall

enter into a written agreement which must, at a minimum, designate

the following:

i. The reasonable market rate for the use of equipment, work

space and supplies;

ii. The method by which records are to be kept for the use of

equipment, work space and supplies; and

iii. 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.