Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-361

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Jennings County

Supreme Court Case No.

25S-MS-361

Order Approving Amended Local Rules

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

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

judge assignments in accordance with Trial Rule 79 and Administrative Rule 21. Attached to

this Order are the proposed amended local rules.

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

and Superior Courts, this Court finds that the proposed amendments to LR40-AR8-01 comply

with Administrative Rule 1(E), the amendments to LR40-TR79-03 comply with Trial Rule 79,

and the amendments to LR40-AR21-02 comply with Administrative Rule 21, and, accordingly,

should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR40-AR8-

01, LR40-TR79-03, and LR40-AR21-02, for the Jennings 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

12/23/2025

LR40-AR8-01 - INITIAL CASE ASSIGNMENT AND LOCAL CASELOAD PLAN

(See Indiana Administrative Rules 1(E) and 8)

Unless otherwise required by statute, the Clerk of Courts and the Prosecuting Attorney of

Jennings County, to the extent applicable, shall file the following cases in the following Court:

Jennings Circuit Court

1.) All Level 1, 2, 3, 4, 5, and 6 felonies and Murder (MR), EXCEPT those filed alleging a Level

6 felony under IND. CODE §9-30-5-3 or §9-30-5-4 and related Post Conviction Relief

proceedings.

2.) Mental Health (MH)

3.) All Adoption or Adoption History Petitions (AD and AH)

4.) All Estates and Trusts (EU, ES, EM, and TR)

5.) All Guardianships (GU and GM)

6.) All juvenile matters (JC, JT, JD, JM, JS, JO, and JP)

7.) All pre-filing motions where the underlying case would be heard in Jennings Circuit

Court.

Jennings Superior Court

1.) All Level 6 felonies alleging a violation of IND. CODE §9-30-5-3 or §9-30-5-4

2.) All Infractions (IF)

3.) All Misdemeanors (CM)

4.) All Local Ordinance and Exempted Ordinance Violations (OV and OE)

5.) All Small Claims (SC)

6.) All Protection Orders (PO)

7.) All family law matters (new filings DC, DN, DR, GV, and RS)

8.) All civil actions, unless otherwise assigned (CP, CT, PL, CE, CC, EV, MF, RA, TP, and TS)

9.) All Miscellaneous (MI) cases except for pre-filing motions that would be heard by the

Jennings Circuit Court.

OTHER

Court Business (CB) cases shall be filed in the court where any related matters are filed.

If the matters are concerning both Circuit and Superior Courts, it shall be filed in Circuit Court.

Expungement petitions (XP) filed under IND. CODE §35-38-9 shall be filed in the court

where the conviction occurred or was filed if no conviction occurred. If the Petition for

Expungement involves convictions in both Circuit and Superior Courts, the petition shall be

filed in the court with the highest-level case.

If a petition is filed under IND. CODE §35-38-9-1(a) (arrest with no charges ever having

been filed), the Petition shall be filed in the Court which would have handled the most serious

charge not filed.

Any action involving a land contract, as defined in IND. CODE §24-4.4-1-301(36) shall

be filed as a civil action and not as a small claim.

In criminal cases, the most serious charge filed shall determine the proper Court.

If the information alleges a violation of IND. CODE §9-30-5-3 or 9-30-5-4 and any other

Level 6 felony, the case shall be filed in the Jennings Circuit Court.

All existing Domestic Relations (DR), Domestic Relations without Children (DN), and

Domestic Relations with Children (DC) cases will be heard in the court where they were

originally filed.

All Red Flag (RF) cases will be heard in the court where any related matters are filed. In

the event there are no other related matters filed, the RF case shall be filed in the Jennings

Circuit Court.

LR40-TR79-03 - SPECIAL JUDGE APPOINTMENT IN CIVIL CASES

(See Indiana Rule of Civil Procedure 79(H))

In the event a special judge needs to be appointed under Indiana Rule of Trial Procedure 79(H),

the Court may reassign the case first to the Jennings Circuit Judge and secondly to the Jennings

Superior Judge. In the event a reassignment cannot be accomplished pursuant to the rules set

forth above, then the case will be reassigned in consecutive order on a rotating basis from a list

of full-time judicial officers from the counties below in Administrative District 21 and from

contiguous counties who have agreed to serve as a special judge

Bartholomew County

Brown County

Decatur County

Jackson County

Jefferson County

Ripley County

Scott County

Or, any Senior Judge who has agreed to serve as a special judge in the Jennings Circuit or

Jennings Superior Court.

In the event that no judge is available for assignment or reassignment, such case shall be

certified to the Indiana Supreme Court for the appointment of a special judge.

LR40-AR21-02 - REASSIGNMENT IN CRIMINAL CASES

(See Indiana Administrative Rules 1(E) and 21))

In the event it becomes necessary to reassign a felony or misdemeanor case in the

Jennings Circuit or Superior Court, the court may reassign the case first to the Circuit Judge and

secondly to the Jennings Superior Judge. In the event a reassignment cannot be accomplished

pursuant to the rules set forth above, then the case will be reassigned on a rotating basis from a

list of full-time judicial officers from the following contiguous counties and counties within

Administrative District 21:

Bartholomew County

Brown County

Decatur County

Jackson County

Jefferson County

Ripley County

Scott County

Or, any Senior Judge who has agreed to serve as a special judge in the Jennings Circuit

or Jennings Superior Court.

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.