Administrative Rules

Local Administrative Rules

  
  

 

LR29-AR00-101. Court Hours

 
101.10 The Hamilton County Circuit and Superior Courts shall be in session Monday through Friday, legal holidays excluded, and during such other hours as each court may, from time to time, direct or otherwise post.
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LR29-AR00-102. Court Closing

 
102.10 When weather conditions or other emergencies arise, any court closing shall be made by the judge of the Court after consultation with County Officials and the Sheriff. The Court shall make a reasonable effort to contact litigants scheduled for court if the Chronological Case Summary has the addresses and telephone numbers of the attorneys or pro se litigants.

102.20 The Court shall not be responsible for contacting attorneys and pro se litigants if the Chronological Case Summary does not contain a current address where notices and orders are to be sent and a current telephone number where the attorney or pro se litigant can be reached during normal business hours.
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LR29-AR12-103. Facsimile Transmissions

 

[Effective January 1, 2017, the Hamilton County Courts and the Hamilton County Clerk will no longer accept pleadings, motions and other papers by electronic facsimile transmission for filing in any case.]
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LR29-AR00-104. Plan for Allocation of Judicial Resources


104.10 The Circuit and Superior Courts of Hamilton County have previously adopted various rules concerning the filing of certain types of matters in the Hamilton County 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-AR00-105. Protective Orders; LR29-AR00-110. Assignment of Infraction and Ordinance Violation Cases; LR29-TR76-210. Transfer of Small Claims, Infraction and Ordinance Violations 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-CR13-311. 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.

104.20 All requests for a prosecutor subpoena shall be filed in Superior Court No. 6.

104.30 Superior Courts No. 4, 5, and 6 are each specifically designated as having a standard small claims and misdemeanor division.

104.40 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.

104.50
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.

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LR29-AR00-105. Protective Orders Under IC 5-2-9-2.1 


105.10 Protective Order Filing:
a. All protective orders (PO) shall be filed in Superior Court No. 3.
b. Once the PO has been acted upon, if there is a related dissolution action pending in any other Hamilton County Court, the PO will be transferred to said court and consolidated with said action for hearing purposes.
c. For a change of judge pursuant to Trial Rule 76(B) or 79(C), see LR29-TR76- 210.30.
d. From time to time, the Courts may provide orders to assist the Clerk in implementing the Protective Orders Filing procedures.

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LR29-AR00-106. Fees for the Hamilton County C.A.R.E. Program

 
106.10 The Judges of Hamilton County have established the following fees for the Hamilton County Court Assisted Rehabilitative Effort (C.A.R.E.) program:
Case Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50
Assessment only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150
Assessment and Education program . . . . . . .. ...not to exceed $400

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LR29-AR00-107. Duplication Fees


107.10 The Judges of the Hamilton County, in order to comply with IC 5-14-3-8, have established the following fees for duplication of audio and video media when permitted by the Court:
Audio Tape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3.00/each
Video Tape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00/each
CD or Email. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00/each

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LR29-AR00-108. Possession of Deadly Weapons in Court

 
108.10 No person shall possess a deadly weapon in the Court, court offices, or in the hallways or areas adjacent to such court.

108.20 "Deadly weapon" is defined as follows:
a. A loaded or unloaded firearm;
b. A weapon, device, Taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.

108.30 The Hamilton County Sheriff may establish any and all necessary procedures needed to carry out this rule.

108.40 The Hamilton County Sheriff and/or law enforcement officers shall search and seize all deadly weapons in violation of this rule. All seized deadly weapons shall be held by the Sheriff's Department until further Order of the Court.

108.50 The Hamilton County Sheriff and/or law enforcement officers may detain persons which they have reason to believe possess such deadly weapons in violation of this rule long enough to obtain proper name, address, date of birth and social security number and/or to seize such deadly weapon.

108.60 Any person who possesses a deadly weapon in violation of this rule shall be immediately brought before the Court for a Direct Contempt Hearing.

108.70 This rule does not apply to any law enforcement officer while on active duty and after first obtaining permission from the Judge of the Court in which he/she is to appear and/or Judicial Officer.

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LR29-AR15-109. Court Reporters and Procedures

 
109.10 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.

109.15 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. "Work space" 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 worked but hours 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 the 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.

109.20 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.

109.25 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.

109.30 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.

109.35 The annual salary paid to the court reporter shall be for a fixed scheduled 37.5 regular working hours per week.

109.40 The court reporter shall, if requested or ordered, prepare any transcript during regular working hours.

109.45 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.

109.50 Each court and each 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.

109.55 A court reporter may charge $4.75 per page for county and state indigent transcripts. A court reporter shall submit directly to the county a claim for preparation of county indigent transcripts.

109.60 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.

109.65 A court reporter may charge a maximum of $4.75 per page for a transcript prepared for a private party; i.e., either a hearing transcript or deposition transcript.

109.70 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.

109.75 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).

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LR29-AR00-110. Assignment of Infraction (IF) and Ordinance Violation (OV) Case Numbers

 
110.10 The Clerk shall as near equally as possible assign cause numbers for new filings of all IF and OV case types to Hamilton Superior Courts No. 4, 5, and 6 (i.e., 1/3 in each court).

110.20 The Clerk shall accomplish the above by assigning cause numbers to the courts based upon the first letter of the defendant's or respondent's last name or other method as the judges of said courts shall agree.

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LR29-AR00-111. FEES FOR THE HAMILTON COUNTY DRUG COURT

 
111.10 The Judges of Hamilton County have established the following fees for the Hamilton County Drug Court:
Administration fee (per admission) . . . . . . . . . . . . . . . . . . . . . . $100.00
Service fee (per month, per referral) . . . . . . . . . . . not to exceed $50.00

NOTE: Chemical testing fees will be assessed in addition to the Drug Court services fee.

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LR29-AR00-112. AUDIO AND/OR VIDEO RECORDING OF COURT PROCEEDINGS


112.10 Pursuant to Indiana's Code of Judicial Conduct Rule 2.17, and the inherent authority of the Court to prevent the disruption of court proceedings, the recording of audio and taking of video or photographs in the courtroom and adjacent hallways is prohibited. The broadcasting, televising, distribution, or possession of any unauthorized photographs or audio and/or video recordings of any court proceedings is also prohibited. The recording of audio and/or taking of video or photographs or the broadcasting, televising, distribution or possession of any such recording, without the prior written approval of the Court, may be punishable as a contempt of court.

112.20 A person who aids, induces, or causes the unauthorized recording of audio and/or taking of video or photographs of court proceedings or a person who broadcasts, televises, distributes or possesses an unauthorized audio or video recording or photograph of a court proceeding is also subject to contempt of court proceedings.

112.30 In order to ensure compliance with and/or to determine if there is a violation of this rule, the Court may order the seizure of any electronic device suspected of containing or being used in the transmission of unauthorized photographs or recordings. In addition to the possible sanctions for contempt, including imposition of a fine and/or commitment to the Hamilton County Jail, the Court may confiscate any audio recording, video recording, or photograph that is in violation of this rule.

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LR29-AR07-113. CUSTODY, REMOVAL, AND DISPOSAL OF ORIGINAL RECORDS AND EXHIBITS


113.10 GOVERNED BY LOCAL RULES. Except as provided for in Administrative Rule 7, the custody, removal, and disposal of original records and exhibits shall be governed by this rule.

113.20 TIME PERIOD FOR COURT REPORTER TO MAINTAIN CUSTODY. After being marked for identification, all models, diagrams, exhibits and materials (hereinafter "items") offered or admitted into evidence in any case pending or tried in the Hamilton County Circuit and Superior Courts shall be placed in the custody of the Court Reporter and, unless ordered otherwise by the Court, shall not be removed until after the time periods specified below.
a. Criminal Cases:
(1) Misdemeanor, Class C, D, Level 5 and 6 felony cases two (2) years after the latest of the following events:
(a) the case is dismissed;
(b) the defendant is found not guilty;
(c) the defendant is sentenced; or
(d) if there was an appeal, the filing of the final order (i.e., the order disposes of all issues) of the reviewing Court in the office of the Clerk.

2) Class A, B, Level 1, 2, 3, and 4 felony and Murder cases twenty (20) years after the latest of the following events:

(a) the case is dismissed;
(b) the defendant is found not guilty;
(c) the defendant is sentenced; or
(d) if there was an appeal, the filing of the final order (i.e., the order disposes of all issues) of the reviewing Court in the office of the Clerk.
b. Civil Cases:
Thirty (30) days after the latest of the following events:
(a) the case is decided; or
(b) if there was an appeal, the filing of the final order (i.e., the order disposes of all issues) of the reviewing Court in the office of the Clerk.

113.30 TIME PERIOD FOR REMOVAL BY PARTIES. Unless ordered otherwise, all items placed in the custody of the Court Reporter shall be removed by the parties or their attorneys who offered them into evidence no later than ninety (90) days after the expiration of the time periods set forth above in subsection 113.20. At the time of removal, a detailed receipt shall be provided by the party removing said items and this receipt will be filed in the case. No motion or order is required prior to the removal of an exhibit pursuant to this subsection.

113.40 DISPOSAL OF UN-REMOVED ITEMS. If the parties or their attorneys do not remove the items within the time period set forth in subsection 113.30, the Court may direct disposition or destruction of the items. For all cases decided or otherwise disposed of as to all issues prior to the effective date of this rule, if the parties or their attorneys do not remove the items within sixty (60) days after the effective date of this rule, the Court may direct disposition or destruction.

113.50 CURRENCY AND CONTRABAND. Currency exhibits and contraband exhibits, such as controlled substances and weapons, shall be released to the investigative agency at the conclusion of the trial and not placed in the custody of the Court Reporter. A receipt shall be issued and a photograph substituted when such exhibits are released.

113.60 BIOLOGICALLY CONTAMINATED EVIDENCE. A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

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LR29-AR00-114.  Fees for the Hamilton County Veterans Court


114.10 
Pursuant to the authority granted by IC § 33-23-16-23, the Judges of Hamilton County have established the following fees for the Hamilton County Veterans Court:

Administration fee (per admission) . . . . . . . . . . . . . . . . . . . . . . $100.00
            Service fee (per month, per referral) . . . . . . . . . . . . . . . . . . . . . $ 50.00

NOTE: Chemical testing fees will be assessed in addition to the Veterans Court services fee.


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LR29-AR00-115.  Fees for the Hamilton County Pretrial Services


115.10 
Pursuant to IC § 35-33-8-3.3, the Judges of Hamilton County have established the following fee for Hamilton County Pretrial Services:

One (1) Initial Pretrial Service fee . . . . . . . . . . . . . . . . . . . . . . . $50


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LR29-AR00-116 TRAFFIC VIOLATION BUREAU AND PROCEDURES

116.10 Pursuant to Indiana Code 34-28-5-7, Hamilton County Superior Courts No.s 4, 5, and 6 (the “Courts”) establish a Traffic Violations Bureau and appoint the Clerk of Hamilton County (the “Clerk”) as the Violations Clerk to serve in that capacity at the direction and control of the courts. The Clerk is authorized to appoint such Deputy Violations Clerks as the Clerk deems necessary.

116.20 Pursuant to Indiana Code 34-28-5-8, the duties of the Violations Clerk, or Deputy Violations Clerk, shall be to:
a. Accept written appearances, waiver of trial, admissions of violations, declarations of nolo contendere for moving traffic violations, payments of judgments (including costs in traffic violation cases), and any deferral agreements made pursuant to statue as well as deferral program fees prescribed by statute, and any community restitution or service agreements made pursuant to statute.
b. Issue receipts, account to the appropriate unit of government as provided by law for any judgment (including costs) collected, and the payment of judgments (including costs) collected.
116.30 The Courts will designate traffic violations that are within the authority of the Violations Clerk and a schedule of judgments to be imposed for certain violations which shall be prominently posted in the office of the Violations Bureau where fines and costs are to be paid and distributed to the police departments within Hamilton County. The Violations Clerk shall accept, receipt, and account for all money tendered for designated traffic violations in accordance with the same policies and procedures under which the Clerk performs such duties for the acceptance, receipt, and accounting of all other monies received by the Clerk.

116.40
The Courts may hold a joint session designated for hearing alleged traffic violations involving infractions and ordinance violations on a recurring day and time as agreed upon by the Courts. For these joint sessions, one of the Judges of the Courts, or his/her designee, shall preside with full power and authority over all cases docketed for the joint session as if all docketed cases were in fact filed in the court of the presiding judge. The Judges of the Courts shall rotate as the presiding judge of the joint sessions.

116.50
Any person charged with a traffic violation that is within the authority of the Violations Clerk may mail or deliver the amount of the judgment (including costs indicated on the posted schedule) and a signed admission of the violation or a plea of nolo contendere (if the action is for a moving traffic violation) and need not appear in open court. The Violations Clerk is authorized to accept such payments but, before accepting any pleading admitting to a violation or entering a declaration of nolo contendere to a moving traffic violation, the Violations Clerk shall inform the person (or determine that the person has been informed) that the person’s signature to an admission of the violation or to a pleading of nolo contendere will have the same effect as a judgment of the Court and that a record of the judgment will be sent to the Commissioner of the Bureau of Motor Vehicles (the “BMV”) of Indiana or to the BMV of the state where the person received a license to drive.

116.60
To assist in the efficient functioning of the Courts, the Traffic Violations Bureau and the Clerk’s Order Book Office for the Courts further establishes the following procedures:
a. The Court takes notice that a person cited into court for a traffic violation that is either an infraction or an ordinance violation is given personal notice of his/her appearance date. Accordingly, any person so cited who fails to appear (“FTA”) as required shall be deemed to have had sufficient legal notice and is subject to the sanctions of Indiana Code 9-30-3-8 including but not limited to the issuance of an arrest warrant for Indiana residents.
9-30-3-8 including but not limited to the issuance of an arrest warrant for Indiana residents.
b. Notwithstanding the above subparagraph (116.60 a.), no action shall be taken for a FTA for a joint night court session until 30 days have elapsed from the date of the scheduled appearance. At the end of the 30 days, the Violations Clerk shall promptly send notice of the FTA to the BMV as required by statute.
c. Once a defendant has FTA, and notice of that FTA has been sent to the BMV, the defendant may resolve his/her FTA status in the following manner:
(1) For all Class D infractions, either:
Pay $25.00 on or before a date set by the Violations Clerk/court staff (said date not to exceed 20 days from the date of request). The Violations Clerk/court staff shall inform the defendant that failure to pay by the date established will result in the imposition of an additional late fee of $25.00. Or, appear in court on a date set by the Violations Clerk/court staff not to exceed 30 days from the date of the request. The Violations Clerk/court staff shall inform the defendant that no continuance will be granted, and that a second FTA could result in a warrant being issues for the defendant’s arrest.
(2) For all scheduled offenses for which defendant is not required to appear, either:
Pay the scheduled fine plus court costs for each separate cause. This shall be paid by a date set by the Violations Clerk/court staff not to exceed 30 days from the date of the request. The Violations Clerk/court staff shall inform the defendant that failure to pay by the date established will result in the imposition of an additional late fee of $25.00 for each separate cause.
Or, appear in court on a date set by the Violations Clerk/court staff not to exceed 30 days from the date of the request. The Violations Clerk/court staff shall inform the defendant that no continuance will be granted, and that a second FTA could result in a warrant being issued for the defendant’s arrest.
(3) For all offenses for which the defendant is required to appear in court:
Appear in court on a date set by the Violations Clerk/court staff not to exceed 30 days from the date of the request. The Violations Clerk/court staff shall inform the defendant that no continuance will be granted, and that a second FTA could result in a warrant being issued for the defendant’s arrest.

d. The Clerk is authorized to send letters previously approved by the Courts in those situations where incorrect amounts have been tendered as payment for court costs and fine, or where payment has been tendered by mail but the defendant is required to appear in person in open court. However, where a person fails to pay any fine or courts costs imposed on an infraction or an ordinance violation in full by the date specified by the court in said mailing, the defendant shall be subject to the late payment fee established by Hamilton County Local Rule 29-CR00-308, will be shown as failure to pay, and such failure to pay shall be reported to the BMV for appropriate action.
e. Where a defendant has appeared in open court as required and a judgment for fine and court costs has been entered, and the defendant has requested and been granted time to pay, and the fails to pay as agreed, the defendant shall be subject to the late payment fee established by Hamilton County Local Rule 29-CR00-308, and the Clerk is authorized to send notice of such failure to pay to the BMV for appropriate action.
f. The Clerk is further authorized to correct purely clerical errors of the Courts in relation to matters on the minor offenses and violations docket, including but not limited to matters within the authority of the Traffic Violations Bureau, without the need for further specific orders from the Courts.
116.70 The Courts having made all reasonable effort to inform traffic violators of the judgment amount (including costs) to be paid for their violation, and recognizing that overpayments result in increased staff time, accounting confusion, and delays, hereby order that any overpayment of $3.00 or less shall be retained by the Violation Clerk as an overpayment fee and shall be deposited through the Clerk’s miscellaneous fund account into the Hamilton County General Fund.

116.80
The Violations Clerk shall collect the late fee as set out in Hamilton County Local Rule 29-CR00-308.


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