Local Criminal Rules
- LR29-CR00-301. CRIMINAL RANDOM FILING
- LR29-CR00-302. CLERK PROCEDURES TO ACCOMPLISH CRIMINAL RANDOM FILING
- LR29-CR00-303. FILING CO-DEFENDANTS UNDER HAMILTON COUNTY CRIMINAL RANDOM FILING RULE
- LR29-CR00-304. FILING FELONY CASES ARISING FROM JUVENILE WAIVER HEARINGS UNDER HAMILTON COUNTY RANDOM FILING RULE
- LR29-CR00-305. RELEASE ON BOND OR PERSONAL RECOGNIZANCE
- LR29-CR00-306. WAIVER OF MISDEMEANOR INITIAL HEARING
- LR29-CR00-307. AUTOMATIC DISCOVERY
- LR29-CR00-308. LATE PAYMENT FEE
- LR29-CR00-309. COLLECTION OF PROBATION USER FEES
- LR29-CR00-310. DRUG COURT
- LR29-CR00-311. VETERANS COURT
- LR29-CR13-312. COORDINATED LOCAL RULE OF THE COURT OF HAMILTON COUNTY
LR29-CR00-301. Criminal Random Filing
301.10 This Random Filing Rule does not apply to either civil cases or juvenile cases.
301.20 All CM case types (except those assigned to Superior Court No. 3 pursuant to Section 301.30 below) shall be randomly filed with 1/3 in Superior Court No. 4, 1/3 in Superior Court No. 6, and 1/3 in Superior Court No. 7 using the Clerk's random assignment procedure. All F6 or FD case types (except those assigned to Superior Court No. 3 pursuant to Section 301.30 below) shall be randomly filed with 1/3 in Superior Court No. 4, 1/3 in Superior Court No. 6, and 1/3 in Superior Court No. 7 using the Clerk's random assignment procedure. Reassignment of these cases shall be achieved by transferring cases originating in Superior Court No. 4 to either Superior Court No. 6 or Superior Court No. 7; transferring cases originating in Superior Court No. 6 to either Superior Court No. 4 or Superior Court No. 7; and transferring cases originating in Superior Court No. 7 to either Superior Court No. 4 or Superior Court No. 6. In the event a subsequent reassignment is required (and neither Superior Court No. 4, nor Superior Court No. 6, nor Superior Court No. 7 is available) said case assignment shall be achieved by obtaining a new court assignment from all Hamilton County Courts using the Clerk's random assignment procedure.
301.30 CM, F6, or FD case types with domestic battery offenses, strangulation offenses, and invasion of privacy offenses shall be filed in Superior Court No. 3.
301.40 MR, F1, F2, F3, F4, F5, FA, FB, and FC case types shall be randomly filed per case type with 20% of each case type filed in Circuit Court, Superior Court No. 1, Superior Court No. 2, Superior Court No. 3, and Superior Court No. 5. Reassignment of these cases shall be achieved by obtaining a new court assignment using the Clerk's random assignment procedure of the Courts designated to accept this type of case.
301.50 The Clerk shall use a court approved procedure which provides a tamper proof method for random assignment consistent with the foregoing paragraphs of this Criminal Rule.
301.60 From time to time, the Courts may provide orders to assist the Clerk in implementing the Criminal Random Filing procedures.
301.70 Pursuant to Indiana Criminal Rule 2.2(C), if a case is dismissed after filing, upon refilling it shall be assigned to the same court where it was originally assigned.
301.80 The Clerk shall file subsequent cases against a defendant with a pending case (where a “pending case” is defined under this rule as 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) as follows:
- When a defendant has a pending case in Circuit Court, Superior Court No. 1, Superior Court No. 2, Superior Court No. 3, or Superior Court No. 5, the Clerk shall file any subsequent criminal case types (MR, F1, F2, F3, F4, F5, F6, FA, FB, FC, FD, or CM) in the same court as that of the pending case. However, this subparagraph does not apply to F6, FD, or CM case types with one (1) or more OWI offenses (IC 9-30-5) charged.
- When a defendant has a pending case in Superior Court No. 4, Superior Court No. 6, or Superior Court No. 7, the Clerk shall file any subsequent F6 or CM case types (except those assigned to Superior Court No. 3 or 6 pursuant to Section 301.30) in the same court as that of the pending case.
- When a defendant’s only pending cases are in Superior Court No. 4, Superior Court No. 6, or Superior Court No. 7, the Clerk shall file any subsequent case types listed under Sections 301.30 or 301.40 as set forth in Sections 301.30 and 301.40.
- When the State elects to name two or more individuals or entities as defendants pursuant to LR 29-CR00-303, Section 303.10, and more than one (1) such co-defendant has a pending case, then the Clerk shall file the causes under the procedure set forth in Section 303.10 [but notwithstanding Section 303.10(b)(1)] into the Court with the oldest pending case for which the defendant has personally appeared. The “oldest” case shall be determined by the earliest filing date.
- It shall be the duty of the Prosecuting Attorney or Deputy Prosecuting Attorney to file written notice with the Clerk that a defendant has a pending case that requires the Clerk to follow the filing requirements of this rule.
- If a conflict arises between Sections 301.30 and 301.80, Sections 301.30 controls.
- A Court, at the request of both parties, may transfer a case to another Court where the defendant has a pending case, as defined by this rule, provided that the receiving Court agrees to accept the transfer.
301.90 Notwithstanding the above, the Prosecutor of Hamilton County has the discretion to file the following CM cases in a city court:
- IC 7.1-5-1;
- IC 7.1-5-7 (except for 7.1-5-7-8);
- IC 9-21-8;
- IC 9-24-18;
- IC 9-24-19;
- IC 9-26-1;
- IC 9-30-16;
- IC 35-48-4-8.3; and
- IC 35-48-4-11,
only if the misdemeanor allegedly occurred within the limits of the city and the case is not considered a subsequent case under Section 301.80.
301.100 Notwithstanding the above, the Prosecutor of Hamilton County has the discretion to file the following CM cases in a city court: IC 14 et seq.;if the misdemeanor allegedly occurred within the limits of the county and the case is not considered a subsequent case under Section 301.80.
301.110 A defendant in a city court criminal case may, not later than ten (10) days before the first scheduled trial date, move to transfer the case to a court of record or demand a jury trial. The judge of the city court shall then transfer the case to the Clerk of Hamilton County Courts who shall assign the case pursuant to the Criminal Random Filing Rule. If the judge of a city court recuses or grants a motion for change of judge, the judge shall transfer the case to the Clerk of Hamilton County Courts who shall assign the case pursuant to the Criminal Random Filing Rule.
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LR29-CR00-302. Clerk Procedures to Accomplish Criminal Random Filing
302.10 The Judges of the Hamilton Circuit Court and Hamilton Superior Courts approve the following procedures to be used in the Hamilton County Clerk's office to accomplish the Hamilton County Criminal Random Filing Order.
- Begin with a set number of cases which is evenly divisible by the applicable number of Hamilton County Courts.
- Divide the set number of cases by the percentages for each type of case per Court resulting in the number of each type case for each Court which shall equal the percentages.
- These cases are then pulled and/or selected for individual case number assignment one by one on an impartial random selection basis.
LR29-CR12-303. Filing Co-Defendants Under Hamilton County Criminal Random Filing Rule
303.10 It is hereby resolved that the following rule applicable to the filing of misdemeanor and felony cases shall be employed in the implementation of the Hamilton County Criminal Random Filing Rule.
- When the Prosecutor of Hamilton County, individually or through deputy prosecutors, elects to file a felony or misdemeanor case in which two or more individuals or entities are named as Defendants, at the time of the filing of said charges, said Prosecutor or Deputy Prosecutor shall file notice with the Clerk of Hamilton County that said case is to be treated under this rule.
- Upon receiving notice for treatment of a case under this rule, the Clerk shall take the following action:
- First, the Clerk shall randomly select a Court designated to receive the type case being filed under the Random filing rule approved by the Judges of the Hamilton Circuit and Superior Court.
- Second, the first named defendant in the multiple defendant information shall be assigned the next available cause number in the randomly selected Circuit or Superior Court.
- Third, the remaining Defendants shall each be assigned the next available cause number in the randomly selected Circuit or Superior Court in the order of their appearance on the charging information.
- Fourth, the Clerk shall treat each cause number assigned under this rule as a separate and distinct case, and shall remove from his/her random selection pool the number of cases assigned hereunder in order to maintain the percentage allocations set forth in the Random Filing Rule.
- Each Defendant's case filed under this rule shall be treated as a separate and distinct case, and Co-defendant's cases will not be consolidated for trial unless said consolidation is approved by separate order of the assigned Judge.
- The Clerk shall follow this rule only when the State files the co-defendant cases simultaneously.
- This rule shall remain in full force and effect unless otherwise modified, amended, or repealed by separate written instructions adopted by the Judges of the Hamilton Circuit and Superior Courts.
LR29-CR00-304. Filing Felony Cases Arising From Juvenile Waiver Hearings Under Hamilton County Random Filing Rule
304.10 The Clerk is ordered to treat new criminal filings which arise from the waiver of a juvenile matter to criminal court as a new criminal matter under the random filing rule and to assign said cause to the Court identified under said rule regardless of which court may have previously exercised juvenile jurisdiction prior to waiver, unless otherwise directed by the waiving court.
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LR29-CR00-305. Release on Bond or Personal Recognizance
305.10 RELEASE SCHEDULES: When any person is booked into the Hamilton County Jail on a warrantless arrest, the Sheriff shall either release or detain the person in accordance with the schedules found in Appendices A and A(1) pertaining to pretrial release and bond.
305.20 SEPARATE BONDS: The Circuit and Superior Courts of Hamilton County will only accept appearance bonds written for a single cause number and will not accept lump sum appearance bonds that apply to more than one cause number.
305.30 CONDITIONS OF RELEASE: All releases on bond or on personal recognizance are subject to the following basic conditions:
- defendant shall appear in court at all times required by the Court;
- defendant shall not leave the State of Indiana without the prior written consent of the Court;
- defendant shall not commit nor be arrested for another criminal offense;
- defendant shall keep his or her attorney and the Court advised in writing of any change of address within 24 hours of such change; and
- any other condition set forth in Appendices A and/or A(1) or as ordered by court. Pursuant to IC 35-33-8-3.2(a)(4) a defendant’s release may also be conditioned upon refraining from any direct or indirect contact with the alleged victim of an offense or other individual as ordered by the Court. Violation of any condition of release may result in the Court revoking the defendant’s release and issuing a re-arrest warrant.
305.40 PROPERTY BONDS: The Circuit and Superior Courts of Hamilton County will grant a defendant's release on a property bond only after notice is sent to the Prosecuting Attorney and a hearing is set to determine whether such a bond is proper.
305.50 ALTERATION OF BOND: If a judicial officer has set the defendant's initial bond, then the judicial officer conducting the initial hearing may not alter the bond. If the Sheriff has initially set the bond according to the Bond Schedule, then the judicial officer who conducts the initial hearing:
- shall adjust the bond to conform with the actual charges filed by the State;
- may increase the bond, if an increase is warranted by the circumstances;
- may reduce the bond, if multiple charges have been filed, to an amount not lower than the highest class bond for one charge (unstacking), if a reduction is warranted by the circumstances; and
- may release the defendant on his or her own recognizance for medical reasons if recommended by the Sheriff and if notice has been given to the prosecuting attorney.
In all other cases, a Court shall set a motion for a bond reduction for a hearing and the Court shall give notice of the hearing to the prosecuting attorney, defendant's counsel, and such persons required to be notified by law.
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LR29-CR00-306. Waiver of Misdemeanor Initial Hearing
306.10 A defendant may waive an initial hearing for one or more misdemeanors only if the defendant is represented by an attorney, the defendant is not incarcerated, and the defendant and attorney comply with this rule.
306.20 If the misdemeanor charges have been filed with the Clerk, the attorney for the defendant must do the following prior to the scheduled initial hearing:
- Sign a Request for Waiver of Initial Hearing on the [Form CR00-306)] approved by the Courts and available at the Magistrate's office; and
- File a written Appearance, a CCS entry [Form TR77-202], and the Request for Waiver of Initial Hearing at the clerk's office. The CCS entry should show the Request for Waiver of Initial Hearing either granted or denied and provide spaces for the Court to fill in the appropriate omnibus date, and dates for any pre-trial and trial settings that the Court would otherwise have set at the initial hearing.
306.30 If the misdemeanor charges have not been filed with the Clerk at the time the attorney wishes to waive the initial hearing, the attorney may do the following:
- Complete the paperwork required in LR29-CR00-306.20; and
- Deliver a courtesy copy to the Magistrate's Office along with a copy of the summons for the defendant's scheduled initial hearing date.
306.40 If an attorney attempts to waive the initial hearing prior to the filing of charges as provided in LR29-CR00-306.30, it is the attorney's responsibility to check with the Magistrate on the scheduled initial hearing date to make sure that the required paperwork was placed with the defendant's file. The magistrate and courts will not be responsible if a court issues a warrant for a defendant's failure to appear for an initial hearing after an attorney has attempted to waive the initial hearing prior to the filing of the charge.
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LR29-CR00-307. Automatic Discovery
307.10 General Provisions:
- Within thirty (30) days from the entry of an appearance by an attorney for a defendant, or from the formal filing of charges, whichever occurs later, the State shall disclose all relevant items and information under this rule to the defendant, subject to Constitutional limitations and such other limitation as the Court may specifically provide by separate order, and the defendant shall disclose all relevant items and information under this rule to the State within ten (10) days after the State's disclosure. Both parties shall furnish items disclosed and required to be furnished under this Rule within a reasonable time thereafter.
- No written motion is required, except:
- To compel compliance under this rule;
- For additional discovery not covered under this rule;
- For a protective order seeking exemption from the provisions of this rule; or,
- For an extension of time to comply with this rule.
- Although each side has a right to full discovery under the terms of this rule, each side has a corresponding duty to seek out the discovery. Failure to do so may result in the waiver of the right to full discovery under this rule.
307.20 STATE DISCLOSURES:
- The State shall disclose the following materials and information within its possession or control:
- The names and last known addresses of persons whom the State intends to call as witnesses along with copies of their relevant written and recorded statements;
- Any written, oral, or recorded statements made by the accused or by a co-defendant, and a list of witnesses to the making and acknowledgment of such statements;
- If applicable, the State shall disclose the existence of grand jury testimony of any person whom the prosecuting attorney may call as a witness at any trial or hearing in the case. In addition, the State shall provide a copy of those portions of any transcript of grand jury minutes, within the State's possession, which contain the testimony of such witness or witnesses. If such transcripts do not exist, the defendant may apply to the Court for an order requiring their preparation;
- Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons;
- Any books, papers, documents, photographs, or tangible objects that the prosecuting attorney intends to use in the hearing or trial or which were obtained from or belong to the accused;
- Any record of prior criminal convictions that may be used for impeachment of the persons whom the State intends to call as witnesses at any hearing or trial; and
- Any criminal history information or documents regarding the defendant and sourced from criminal justice information (CJI) systems, the bureau of motor vehicles, or other governmental agency.
- The State shall disclose to the defendant(s) any material or information within its possession or control that tends to negate the guilt of the accused as to the offenses charged or would tend to reduce the punishment for such offenses.
- The State may perform these disclosure obligations in any manner mutually agreeable to the State and the defendant. Compliance may include a notification to the defendant or defense counsel that material and information being disclosed may be inspected, obtained, tested, copied, or photographed at a specified reasonable time and place.
- The State may refrain from providing a witness' address or other contact information under this rule if the State in good faith believes the disclosure of the witness' address or other contact information may jeopardize the safety of the witness or the witness' immediate family. If the State does not disclose the witness' address or other contact information in its possession for the reason stated under this rule then this State shall make the witness available to the defense counsel upon reasonable notice. Disputes among the parties concerning this lack of disclosure shall be resolved in accordance with Ind. Trial Rule 26(F).
307.30 DEFENDANT DISCLOSURES:
- Defendant's counsel (or defendant where defendant is preceding pro se) shall furnish the State with the following material and information within his or her possession or control:
- The names and last known addresses of persons whom the defendant intends to call as witnesses along with copies of their relevant written and recorded statements;
- Any books, papers, documents, photographs, or tangible objects defendant intends to use as evidence at any trial or hearing;
- Any medical, scientific, or expert witness evaluations, statements, reports, or testimony which may be used at any trial or hearing;
- Any defense, procedural or substantive, which the defendant intends to make at any hearing or trial; and
- Any record of prior criminal convictions known to the defendant or defense counsel that may be used for impeachment of the persons whom the defense intends to call at any hearing or trial.
307.40 ADDITIONS, LIMITATION, AND PROTECTIVE ORDERS:
- Discretionary Disclosures: Upon written request and a showing of materiality, the Court, in its discretion, may require additional disclosure not otherwise covered by this rule.
- Denial of Disclosure: The Court may deny disclosure required by this rule upon a finding that there is substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from such disclosure to defendant or counsel.
- Matters not subject to Disclosure
- Work Product: Disclosure hereunder shall not be required of legal research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the State or members of its legal or investigative staff, or of defense counsel or counsel's legal or investigative staff; and
- Informants: Disclosure of an informant's identity shall not be required where there is a paramount interest of non-disclosure and where a failure to disclose will not infringe upon the Constitutional rights of the accused. Disclosure shall not be denied hereunder of the identity of witnesses to be produced at trial or hearing.
- Protective Orders: Either the State or defense may apply for a protective order for non-disclosure of discovery required hereunder or any additional requested discovery.
307.50 DUTY TO SUPPLEMENT RESPONSES: The State and the defendant are under a continuing duty to supplement the discovery disclosures required hereunder as required upon the acquisition of additional information or materials otherwise required to be disclosed hereunder. Supplementation of disclosures shall be made within a reasonable time after the obligation to supplement arises.
307.60 SANCTIONS UPON FAILURE TO COMPLY: Failure of a party to comply with either the disclosure requirements or the time limits required by this rule may result in the imposition of sanctions against the noncompliant party. These sanctions may include, but are not limited to, the exclusion of evidence at a trial or hearing.
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LR29-CR00-308. LATE PAYMENT FEE
308.10 Fines, court costs and civil penalties assessed for infractions, violations of municipal ordinances, felonies, misdemeanors or juvenile delinquency and juvenile status offenses are to be paid before 4:30 p.m. on the date they are assessed unless otherwise ordered. An order extending this deadline will be presumed to require payment on or before 4:30 p.m. of the extension deadline date or on the last business day of the extension period if a specific date is not set. If said fine, cost, or penalty is not paid in conformity with this rule or the court order extending the deadline, the Clerk may collect a late fee under IC 33-37-5-22, subject to the Court's authority to suspend said late fee for good cause.
308.20 Notwithstanding the above, a late fee shall not be assessed for any late payment of fine and costs imposed in the night court sessions of Superior Courts 4, 5, and 6 until the Traffic Violations Bureau of those courts has forwarded notice to the Bureau of Motor Vehicles of failure to pay.
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LR29-CR00-309. COLLECTION OF PROBATE USER FEES
309.10 The Circuit and Superior Courts of Hamilton County direct the Hamilton County Clerk of Courts to be the designee for the Hamilton County Department of Probation Services to collect probation users' fees for probation services provided by the Hamilton County Department of Probation Services and to remit said fees to the proper authorities. This rule shall remain in effect until the Clerk of Hamilton County shall decline to serve as designee or until a majority of said judges determine that such designation should be withdrawn.
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LR29-CR00-310. DRUG COURT
310.10 The Hamilton County Drug Court is established to provide specialized services including: clinical assessment, education, referral for treatment, and service coordination and case management for eligible defendants and probationers as determined by its written policies and procedures.
310.20 The day-to-day operation and management of the Drug Court shall be assigned to Hamilton Circuit Court.
310.30 All criminal charges shall be filed as otherwise provided in these rules. However, after a charge has been filed, if a defendant is accepted by the Drug Court, a judge may transfer the defendant's case to Drug Court for services in accordance with Drug Court policies and procedures.
310.40 If a probationer is referred to and is accepted by Drug Court, a judge may transfer the case to Drug Court and require a probationer to participate in Drug Court in accordance with Drug Court policies and procedures as a condition of probation.
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LR29-CR00-311. VETERANS COURT
311.10 The Hamilton County Veterans Court is established to provide specialized services including: clinical assessment, education, referral for treatment, and service coordination and case management for eligible defendants and probationers as determined by its written policies and procedures.
311.20 The day-to-day operation and management of the Veterans Court shall be assigned to Hamilton County Superior Court No. 7.
311.30 All criminal charges shall be filled as otherwise provided in these rules. However, after a charge has been filed, if a defendant is accepted by the Veterans Court, a judge may assign the defendant’s case to Veterans Court for services in accordance with Veterans Court policies and procedures.
311.40 If a probationer is referred to and is accepted by Veterans Court, a judge may assign the case to Veterans Court and require a probationer to participate in Veterans Court in accordance with Veterans Court policies and procedures as a condition of probation.
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LR29-CR13-312. COORDINATED LOCAL RULES OF THE COURTS OF HAMILTON COUNTY
312.10 Pursuant to Criminal Rule 2.2(D) and 13(C) of the Indiana Rules of Criminal Procedure, the Circuit and Superior Courts of Hamilton County, in conjunction with the other Judges of Administrative District 12, i.e., Boone County, Clinton County, and Tipton County, and the contiguous county of Madison, Indiana, have adopted the following rule to establish procedures for the selection of special judges in criminal cases.
312.20 Upon the granting of a change of judge or the disqualification or recusal of a judge, a successor judge shall be assigned in the same manner as the initial judge. Where this process does not result in the selection of a successor judge, selection shall be made from an alternative assignment list of full-time judicial officers from contiguous counties and counties within the administrative district of the court as set forth above. Except for those serving pursuant to Criminal Rule 12(G)(4), judges previously assigned to the case are ineligible for reassignment. A person appointed to serve as special judge under this subsection must accept jurisdiction in the case unless the appointed special judge is disqualified pursuant to the Code of Judicial Conduct, ineligible for service under this Rule, or excused from service by the Indiana Supreme Court.
312.30 The Administrator of Courts for Hamilton County shall maintain a list of the judges eligible for selection under 312.20 and shall be contacted by the selecting court each time a judge must be selected from the list. The Administrator of Courts shall provide the name of the next judge on the list upon a request from the selecting court and then strike the name of the judge selected from that list. The judge selected in this manner shall not be eligible to be selected again from the same list until all the other judges have been selected from that list except as required to avoid certification to the Indiana Supreme Court.
312.40 A trial court may request the Indiana Supreme Court to appoint a special judge in the following circumstances:
- No judge under the local rule is available for appointment; or
- The particular circumstance warrants selection of a special judge by the Indiana Supreme Court.
312.50 A judge assigned under the provision of this rule shall accept jurisdiction unless disqualified under the Code of Judicial Conduct or excused from service by the Indiana Supreme Court. The reassignment of a case or assignment of a special judge shall be entered in the Chronological Case Summary of the case. An oath or special order accepting jurisdiction is not required.
312.60 In the event the case has been reassigned or a special judge assumes jurisdiction and thereafter ceases to act for any reason, further reassignment or the selection of a successor special judge shall be in the same manner as set forth in subsection 312.20 above.
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