Local Court Rules

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DEARBORN COUNTY LOCAL COURT RULESINDEXTRIAL RULESLR15-TR-1: RULES OF PROCEDURETR-2: TIME ZONETR-3: FILING OF MOTIONSTR-4: FILINGSTR-5: APPROPRIATE APPEARANCE FOR CONDUCTINGCOURT BUSINESSTR-6: DOCKETING OF PLEADINGSTR-7: PEOPLE PERMITTED AT COUNSEL TABLETR-8: COURT’S INTERNAL MAIL SYSTEMTR-9: CONTINUANCESTR-10: SIGNATURE STAMPS FOR JUDGESTR-11: ESTABLISHING A UNIFORM METHOD FORPARTIES TO SECURE AN EX-PARTE, PREJUDGMENT ORDER OF POSSESSION OFPERSONAL OR REAL PROPERTYCRIMINAL RULESLR15-CR-1: BAILCR-2: NEGOTIATED CRIMINAL PLEA AS TOMISDEMEANORS AND CLASS D FELONIESCR-3: PROCEDURE FOR EXECUTING JUVENILE TRAFFICINFRACTIONS, TOBACCO VIOLATIONS ANDTRAFFIC MISDEMEANOR FAILURE TO APPEARWARRANTSCR-4: DISCOVERY FOR DEARBORN SUPERIOR COURT NO. 1AND DEARBORN SUPERIOR COURT IIJURY RULESLR15-JR-1: JURY SELECTIONJR-2: DEFERRAL, DISQUALIFICATION, AND EXEMPTIONJR-3: JURY SAFETY AND PRIVACY

PROBATE RULESLR15-PR-1: FEES AND COSTS OF ADMINISTRATIONPR-2: ACCOUNTSPR-3: SANCTIONSPR-4: GUARDIANSHIPSPR-5: ENTRIES AND NOTICE OF ENTRIESPR-6: GUARDIANSHIP OF MINORPR-7: BONDSPR-8: UNSUPERVISED ADMINISTRATIONPR-9: SALE OF ASSETSPR-10: INVENTORYPR-11: FEE GUIDELINESPR-12: EXTRAORDINARY SERVICESPR-14: GUARDIANSHIP FEESPR-15: TRUST FEESPR-16: FORECLOSURE OF REAL ESTATE MORTGAGEPR-17: INHERITANCE TAX ORDERSPR-18: GUARDIANSHIP BIENNIAL REPORTSPR-19: MENTAL HEALTH COMMITMENTSADMINISTRATIVE RULESLR15-AR-1: PAUPER COUNSEL FEE SCHEDULEAR-2: FEE SCHEDULE FOR CRIMINAL CASESAR-3: FEE SCHEDULE FOR CIVIL, JUVENILE, CHINS,TERMINATION OF PARENTAL RIGHTSAR-4: TRAVEL AND REIMBURSEMENTAR-5: COURT RULES FOR ASSIGNMENT OF CASESAR-6 ASSIGNMENT OF CERTAIN CONFLICT CASESAR-7: ASSIGNMENT OF CRIMINAL CASESAR-8: SPECIAL JUDGESAR-9: DESTRUCTION OF EVIDENCE COURT RULESAR-10: TRANSCRIPTS AND COURT REPORTING COURTRULESAR-11: JUVENILE DETENTION AND HOUSING COURT RULESAR-12: SUPERIOR COURT II COURT ALCOHOL ANDDRUG EDUCATION PROGRAMAR-13 SUPERIOR COURT 1 ACCOUNTABILITY, CHANGE,AND COMMUNITY (A.C.C.) DRUG COURTAR-14 DEARBORN COUNTY COURTHOUSE/GOVERNMENTCOMPLEX SECURITY COMMITTEE ANDESTABLISHING SECURITY GUIDELINESAR-15 DISTRICT 22 SOUTHEASTERN INDIANA VETERANSTREATMENT COURT

FAMILY RULESLR15-FL-1:FL-2:FL-3:FL-4:FL-5:VISITATION GUIDELINES (Former Rule 16.3)DISSOLUTION EDUCATION WORKSHOPSERVICE OF PLEADING AFTER DISSOLUTIONPRELIMINARY ORDERSMANDATORY DISCOVERY IN ACTIONS FORDISSOLUTION OF MARRIAGEATTACHMENT 1 BAIL ORDERATTACHMENT 2 FINANCIAL DECLARATION FORM

TRIAL RULESLR15-TR-1: RULES OF PROCEDUREPleading and procedure shall comply with the Indiana Rules ofCivil and Criminal Procedure, per rules, the Statutes of Indiana,and the Local Rules of Court. Administration of the Court shallcomply with Jury Rules, Administration Rules and Administrationand Discipline Rules.TR-2: TIME ZONEThe prevailing business time of Lawrenceburg, Indiana, shallgovern all matters scheduled before the Court.TR-3: FILING OF MOTIONSA.The filing of any motion with the Clerk of Court or with Courtpersonnel shall be brought to the attention of the Judge by themoving party within five (5) days following the filing of themotion.B.Motions to dismiss, for judgment on the pleadings, and forsummary judgment shall be accompanied by a brief ormemorandum and proof of service upon opposing counsel or party.An adverse party shall have fifteen (15) days after service ofmovant’s brief or memorandum to file an answer brief ormemorandum.TR-4: FILINGSAny item filed with the Clerk of Courts, or with Court staff, after4:30 PM of each business day shall be considered filed the nextbusiness day unless the party requests to have the document filedstamped for the same day, or unless pursuant to Trial Rule 5(E) ofthe Indiana Rules of Trial Procedure.

TR-5: APPROPRIATE APPEARANCE FOR CONDUCTINGCOURT BUSINESSA.The Court’s offices and the Court Rooms are not casualenvironments. Accordingly, all persons appearing before theCourt, either in official Court proceedings in the Court Rooms orin the Court related offices, shall present themselves in appropriatebusiness attire to ensure the professional integrity of the Court andthe judicial process. All clothing worn must be appropriate, clean,and reflect the proper level of respect due the Court. Neat andclean personal grooming is also required. Professional businessattire is required for counsel in all courtroom proceedings.B.It is expected that all persons present themselves to the Court incompliance with this rule. Failure to comply with this rule mayresult in the continuance of the proceeding or in the non-complyingperson being directed to leave the premises and return once theyhave complied.TR-6: DOCKETING OF PLEADINGSIt shall be the responsibility of all parties or their attorneys filingdocuments with the Clerk in matters pending before the Court, tofirst have those documents placed on the docket in the Judge’sOffice.TR-7: PEOPLE PERMITTED AT COUNSEL TABLENo persons, other than attorneys admitted to the Bar of this Stateor pro hac vice shall be permitted beyond the gate dividing thepublic seating from the Court area (known as the “bar”) in theCourt Room unless the Court finds that there are specificcircumstances involved which would warrant the presence of anassistant.

TR-8: COURT’S INTERNAL MAIL SYSTEMThe Court shall keep files available through the day with thenames of the respective attorneys who are members of theDearborn-Ohio County Bar Association on them. All notices suchas pink sheets showing the dates of hearings and trials, Courtdocuments such as orders and communications will be placed inthese files and shall constitute service and notice of the same to therespective attorneys. Service by one attorney upon another cannotbe made by placing on the documents, pleadings or notices in theCourt’s file. They will not be recognized as service by the Courtwhen done in this fashion.TR-9: CONTINUANCESAny motion for continuance filed within two (2) weeks of thetrial, hearing or other court matter will be denied unless personalappearance is made by both counsel in court, explaining thenecessity for the continuance. In extreme emergencies, the Courtmay grant exceptions to this rule.TR-10:SIGNATURE STAMPS FOR JUDGESA.The staff of the Dearborn Superior Court 1 and the Clerk of Courtsis empowered to use a signature stamp bearing a facsimile of thepresiding Judge’s signature in the following instances:1.2.3.4.5.6.Bureau of Motor Vehicles uniform traffic tickets;Hearing date setting notice (“pink sheet”);Proceedings supplemental Order;Order to Answer Interrogatories;Order to Appear in Court;Upon direct verbal authorization of the JudgeSaid stamp shall have all the force and effect of the Judge’ssignature and shall be in the form as follows:Said persons may use the Judge’s signature stamp in otherinstances upon direction of the Judge.

B.Upon authorization of the presiding Judge, the Court staff of theDearborn Circuit Court are hereby authorized to use a signaturestamp bearing a facsimile of the presiding Judge’s signature in thefollowing instances:1.Notices of hearing dates (pink sheets);2.Certifications under the Acts of Congress;3.Orders to Appear (hearing notifications prepared byAttorneys);4.Daily Certifications;5.Upon direct verbal authorization of the JudgeSaid stamp shall have all the force and effect of the Judge’spersonal signature and shall be in the form as follows:Said persons may use the Judge’s signature stamp in otherinstances upon direction of the Judge.C.Upon authorization of Senior Judge Anthony C. Meyer, the staff ofthe Dearborn Circuit Court is hereby authorized to use a signaturestamp bearing a facsimile of the Judge’s signature in the followinginstances:1.Notice of hearing dates (pink sheets);2.Certifications under the Acts of Congress;3.Orders to Appear (hearing notifications prepared byAttorneys);4.Daily certificates;5.Upon direct verbal authorization of the Senior JudgeSaid stamp shall have all the force and effect of Senior JudgeAnthony C. Meyer’s personal signature and shall be in the form asfollows:Said persons may use the Judge’s signature stamp in otherinstances upon direction of the Judge.D.Upon authorization of the presiding Judge, the Court staff of theDearborn Superior Court 2 are hereby authorized to use a signaturestamp bearing a facsimile of the presiding Judge’s signature in thefollowing instances:

1.Notices of hearing dates (pink sheets);2.Certifications under the Acts of Congress;3.Orders to Appear (hearing notifications prepared byAttorneys);4.Daily Certifications;5.Upon direct verbal authorization of the JudgeSaid stamp shall have all the force and effect of the Judge’spersonal signature and shall be in the form as follows:Said persons may use the Judge’s signature stamp in otherinstances upon direction of the Judge.TR-11:ESTABLISHING A UNIFORM METHOD FORPARTIES TO SECURE AN EX-PARTE, PREJUDGMENT ORDER OF POSSESSION OFPERSONAL OR REAL PROPERTYA.In all cases in which a party is seeking an ex-parte, pre-judgmentorder of possession for either personal or real property, a cash orsurety bond of One Thousand Dollars ( 1,000.00) shall be postedby the party seeking the ex-parte, pre-judgment order.B.Bond shall be released to the moving party or their surety upontheir successful disposition of the claim. Bond shall be paid to theresponding party should the moving party not be successful ontheir claim and the responding party is able to prove damagessuffered as a result of the wrongful ex-parte, pre-judgment order.C.Requests to vary from this bond requirement shall be presented tothe Court by verified petition with sufficient facts alleged as to thereason for seeking the variance.

CRIMINAL RULESLR15-CR-1DEARBORN-OHIO COUNTY BOND SCHEDULEPersons to be held pending Initial Hearing for the following:Murder, Treason-Level 1, 2. 3, 4, 5 Felony-Probation Violations-Persons arrested currently on community supervision-Persons arrested with other pending criminal charges or under terms of Pre-Trial Release-Persons arrested as fugitives from another jurisdiction-Persons charged with the following offenses: Arson Battery (or aggravated battery,domestic battery) Burglary Child Exploitation Child Molesting Criminal Deviate Conduct Escape/Failure to return Explosive Devices Firearm (use of firearms to dealdrugs) Incest Intimidation Invasion of Privacy Kidnapping Manslaughter (Voluntary orInvoluntary) Murder OWI (death or serious bodily injury) Possession of firearm (by SVF) Rape Reckless Homicide Resisting Law Enforcement (felony) Robbery Sexual Misconduct with a minor Stalking

OWI – BAC Level Reduction schedule still applies.Civil Body attachment as specified by Court.Defendants arrested as fugitive from another jurisdiction to be held pending court appearance.Bond Schedule for Level 6 Felonies and Misdemeanors (unless excluded above)Class D FelonyORLevel 6 FelonyClass AMisdemeanorClass BMisdemeanorClass CMisdemeanorIndianaResident 1000 CashOnly 750 CashOnly 500 CashOnly* 500 CashOnly*Out of StateResident 1000 CashOnlyAND 1000 Surety 750 CashOnlyAND 1000 Surety 500 CashOnly 500 CashOnly*Dearborn County or Ohio County residents that are arrested in their respective counties for aClass B Misdemeanor and/or Class C Misdemeanor, may be released on their own recognizanceif the NCIC criminal history shows no prior criminal arrests.All cash bails shall be posted in the appropriate County where the charges originated in the nameof the Defendant and with the Dearborn or Ohio County Clerk or the Dearborn or Ohio CountySheriff. Cash bails may be used to pay fines, court costs, and other financial obligations of thedefendant in any Dearborn or Ohio County cause. In addition, the bail may be used to reimbursethe county for the cost of court appointed counsel and an administrative fee as authorized by I.C.35-33-8-3.2(a)(2)(B).If a person has multiple charges, bail shall be posted on the most serious charge only. Allpersons released on bail prior to the Initial Hearing shall appear as follows:a. Dearborn Superior Court No. 1: Initial Hearings at 9:00 a.m. on the next businessday for court proceedings.b. Dearborn Superior Court No. 2: Initial Hearings at 11:00 a.m. on the nextbusiness day for court proceedings.c. Dearborn Circuit Court: Initial Hearings on Monday, Tuesday and Wednesday at3:30 p.m., Thursday at 4:00 p.m. and Friday at a time scheduled by the Court.d. Ohio Circuit Court: Initial Hearings on Monday and Thursday at 1:30 p.m. forthose Bonded Out or Summoned to appear, Monday and Thursday at 2:00 p.m.for individuals who are incarcerated and Friday at a time scheduled by the Court.

All persons shall be further advised that a failure to appear will result in revocation of bail andthe issuance of an arrest warrant for failure to appear.IRAS shall be administered by the Pre-Trial Release coordinator prior to the Initial Hearingappearance for individuals who have not bonded out pursuant to the Bond schedule pursuant toCriminal Rule 26, IRAS shall not be administered for Murder, Treason, Probation Violations,Community Corrections Violations and persons currently on Pre-Trial Release.The Court will consider IRAS scores of each Defendant at the Initial Hearing.The Pre-Trial Coordinator shall review Bonds for those who remain incarcerated after Bond isset for Level 6 felonies and misdemeanor on a weekly basis and present a report to the Court.A judicial officer shall review bond and pretrial release issues for all individuals for which thehighest charged offense is a misdemeanor and who remain incarcerated 24 hours after theirarrest.(Amended effective January 1, 2020).CR-2: NEGOTIATED CRIMINAL PLEA AS TOMISDEMEANORS AND CLASS D FELONIESUnless otherwise ordered by the Court, all negotiated criminalpleas as to misdemeanors or Class D felonies in matters scheduledfor trial by jury shall be tendered to the Court in writing and signedby the defendant, defense counsel, and the prosecutor at leastfourteen (14) days before jury trial date. Any guilty plea withinfourteen (14) days of the jury trial date shall be before the Courtwithout recommendation.CR-3: PROCEDURE FOR EXECUTING JUVENILE TRAFFICINFRACTIONS, TOBACCO VIOLATIONS AND TRAFFICMISDEMEANOR FAILURE TO APPEAR WARRANTSComes now the Court and establishes the following procedure forpolice agencies within Dearborn County to implement whenexecuting a Juvenile Traffic Infraction, Tobacco Violation orTraffic Misdemeanor Failure to Appear Warrant upon a personunder the age of eighteen (18) years:A.The person shall be arrested upon the warrant.B.The person shall be transported to the Dearborn CountyLaw Enforcement Center for processing, and then shall betransported to the Dearborn County Juvenile Center with acopy of the warrant or Order authorizing incarceration.

C.The person shall be released from the custody of theDearborn County Juvenile Center and into the custody of aparent or guardian upon the posting of a One Hundred( 100.00) Dollar cash only bond. For Traffic Infractioncases only, the juvenile may also be released from theDearborn County Juvenile Center upon payment of finesand court costs into the Office of the Clerk of Courts.Payments of fines or cash bonds shall not be made at theDearborn County Juvenile Center. Payment shall be madeto the Clerk of Courts or the Dearborn County Sheriff. Theperson incarcerated shall then be released upon proof to theDearborn County Juvenile Center that such bond has beenposted or such fine paid.D.Upon release, the Dearborn County Juvenile Center shallnotify the person that he/she must appear in the DearbornSuperior Court at 9:00 AM on the next available businessday of the Court.E.If a person does not post bail, he/she shall be broughtbefore the Dearborn Superior Court at 9:00 AM on the nextavailable business day of the Court; or, in the case of theCity Court, on the next available date of court.F.All transporting of such persons shall be done by theSheriff’s Department, the City Police or State Police, as thecase may be, and in accordance with the policies andprocedures of Dearborn County Law Enforcement Centerand Police Department.G.Such persons, not being juvenile offenders, shall not beentitled to the general services of the Dearborn CountyJuvenile Center which are provided for persons designatedby law as juveniles.

CR-4: DISCOVERY FOR DEARBORN SUPERIOR COURT NO. 1AND DEARBORN SUPERIOR COURT IIA.STATE DISCLOSUREThe State shall disclose to the Defendant the following materialand information within its possession or control:1. The names and last known addresses of persons whom theState may call as witnesses at trial together with their relevantwritten or recordedstatements, and any memorandacontaining substantially verbatim reports of their oralstatements.2. Written or recorded statements and the substance of any oralstatements made by the Defendant or co-Defendant, and a listof witnesses to the making and acknowledgment of suchstatements.3. A transcript of those portions of grand jury minutes, if any,containing testimony of persons whom the State may call aswitnesses.4. Reports or statements of experts, made in connection with theparticular case, including results of physical or mentalexaminations and of scientific tests.5. A listing of, and the opportunity to examine books, papers,documents, photographs or tangible objects which the Stateintends to use at trial or which were obtained from or belong tothe accused.6. Any record or prior criminal convictions of the Defendant andof persons the State intends to call as witnesses at trial.7. Any evidence which tends to negate the guilt of the Defendantor which is exculpatory in nature.B.DEFENDANT DISCLOSUREThe Defendant shall disclose to the State the following materialand information within its possession or control:1. The names and addresses of persons whom the Defendant maycall as witnesses, along with a summary of their testimony andrecord of prior criminal convictions.2. A listing of, and the opportunity to examine, any books, papers,documents, photographs or tangible objects which may be usedat trial.3. Any reports or statements of experts made in connection withthis case, including results of physical or mental examinationand of scientific tests.

4. Any defenses, procedural or substantive, the Defendant intendsto make at trial.C.LIMITATIONS:1. Discretionary Protective Order. The Court may denydisclosure if it finds that there is a substantial risk to any personof physical harm, intimidation, bribery, economic reprisals orunnecessary annoyance or embarrassment resulting from suchdisclosure which outweighs any usefulness of the disclosure toCounsel or motion of either party.2. Matters not subject to disclosure:a. Work Product. Disclosure is not required of legalresearch or of records, correspondence, reports ormemoranda to the extent that they contain the opinions,theories, or conclusions of the State or members of itslegal or investigative staffs, or of defense counsel or hisstaff.b. Informants. Disclosure of an informant’s identity willnot be required where there is a paramount interest innon-disclosure and a failure to disclose will not infringethe constitutional rights of the accused. Disclosure ofthe identity of witnesses to be produced at a hearing ortrial will be required.D.CONTINUING DISCOVERY AND SANCTIONS:1. Discovery is a continuing order through trial.2. No written motion is required except to compel discovery, foradditional specific discovery not addressed in this order notagreed to by the other party, for a protective order or for anextension of time, which are timely filed.3. Failure of either side to comply with this order within the timeset by the Court may result in exclusion of evidence at trial orother appropriate sanction.

JURY RULESLR15-JR-1: JURY SELECTIONJury selection for Dearborn-Ohio Circuit Court and DearbornSuperior Courts shall be conducted pursuant to the Indiana JuryRules in effect January 1, 2003. Jury selection shall beadminist

TRIAL RULES LR15-TR-1: RULES OF PROCEDURE Pleading and procedure shall comply with the Indiana Rules of Civil and Criminal Procedure, per rules, the Statutes of Indiana, and the Local Rules of Court. Administration of the Court shall comply with Jury Rules, Administration Rules and Administration and Discipline Rules.

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