LOCAL RULES

FOR ST. JOSEPH COUNTY, INDIANA

PREAMBLE

It is intended that the business of the Courts in St. Joseph County will be
conducted by the Judges and Magistrates in a manner consistent with the Indiana
Code of Judicial Conduct and that the attorneys and litigants shall conduct
themselves consistent with the requirements of the Indiana Rules of Professional
Conduct and other rules of court. The conduct of proceedings in Courts within St.
Joseph County is appropriately described by the following quotation:

“[L]itigation provides an opportunity for private parties to dispose of

disputes in orderly and disciplined fashion. But the open forum which
our courts provide for conflict resolution is not, nor can it ever be, a
license to slander and abuse one’s adversary. Such conduct
diminishes the integrity of an institution whose usefulness depends
upon the respect in which it is held by the public and by the lawyers
who practice in it.”

Van Iderstine Company v. RGJ Contracting Co., Inc., 480 F.2d 454 (2nd Cir.
1973).

As noted by former Chief Justice Warren E. Burger, “fixed rules of etiquette and
manners are the lubricant to keep the focus of the courtroom contest on issues and
facts and away from distracting personal clashes and irrelevancies.” Burger, ABA
Journal 2, 74 Vol. 60, p.171 (1974).

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With this in mind, lawyers and litigants are enjoined regarding their continuing
obligation to comply with the rules of court and to maintain an atmosphere of civility
within the courtrooms in St. Joseph County.

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LOCAL GENERAL AND ADMINISTRATIVE RULES FOR ST. JOSEPH
COUNTY (100 SERIES)

Rule LR71-TR1-101. Intent and Scope of Local Rules.

These local rules are adopted by the Courts of the 60th Judicial Circuit
pursuant to the authority of T.R. 81, Indiana Rules of Trial Procedure, and are
intended to supplement those Rules.
These local rules shall govern the practice and procedure in all cases in the
following courts:
(1) St. Joseph Circuit Court (hereinafter “Circuit Court”);
(2) St. Joseph Superior Court (hereinafter “Superior Court”); and
(3) St. Joseph Probate Court (hereinafter “Probate Court”).
Wherever appropriate, the term “Judge” shall be construed to mean Judge,
Magistrate, or any other appropriate judicial officer of the applicable Court.
Nothing contained in these rules is intended to limit the jurisdiction and/or
authority of any judge of Circuit Court, Superior Court, or Probate Court (hereinafter
“Courts”); however, these rules shall control the assignment of cases within the 60th
Judicial Circuit.

Rule LR71-AR00-102. Conduct, Dress, and Court House Policies.

102.1. Professional Conduct. It is intended that the business of the Courts
of the 60th Judicial Circuit will be conducted by the Judge in
accordance with the Indiana Code of Judicial Conduct and that
lawyers practicing in these Courts will do so in accordance with the
Indiana Rules of Professional Conduct.

102.2. Behavior in the Courthouse. While in any of the courthouses within

St. Joseph County, the following behavior is prohibited:

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 (1) Lawyers and litigants shall not lean on the bench and shall
not sit or lean on counsel tables or the jury box.
(2) Lawyers, litigants, and spectators shall refrain from
unnecessary conversation in the courthouse or in the
courtroom that would disturb the proceedings. Any
necessary conversation in the courthouse or in the
courtroom shall be conducted at a sufficiently low voice
level as not to interfere with the conduct of trials, hearings,
or other proceedings before the court.
(3) Lawyers, litigants, or spectators shall not enter the
courtroom with food or beverages. Fresh water is supplied
daily and is available to lawyers and litigants at counsel
tables.
(4) Lawyers, litigants, or any other person in the courtroom
shall not talk to the court reporter during the hearings in
which they are not participating.
(5) Lawyers, litigants, or any other person shall not chew gum
or tobacco in the courthouse.

102.3. Appearance and Dress. Every person who enters a court house in
St. Joseph County should be appropriately dressed. Lawyers should
appear for court proceedings in professional attire; litigants, witnesses
and spectators should appear in appropriate attire. Examples of
clothing that is inappropriate and is prohibited from being worn during
court proceedings includes, but is not limited to:
(1) Hats or caps;
(2) Outer garments such as topcoats, overcoats, jackets, or
overshoes;
(3) Clothing that exposes the midriff;

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 (4) Shorts of any kind;
(5) Sleeveless shirts (i.e. “muscle shirts”);
(6) Shower shoes (i.e. “flip-flops”);
(7) Suggestive or otherwise inappropriate clothing (i.e. poorly
fitting, slovenly, or uncleanly).

102.3. Prohibited Items. To insure compliance with state law and to

promote public safety, the following rules apply to the presence or
use of specific items in and around the courthouses within St.
Joseph County:
102.3.1. Weapons. No attorney, litigant, witness, or spectator may
possess firearms, knives, or other deadly weapons while in or
around the courthouses within St. Joseph County without the
prior written authorization of the Judge of the Circuit Court or
Probate Court or the Chief Judge of the Superior Court.
However, a law enforcement officer who is not a litigant in a
pending matter and who is appearing as a witness may retain
possession of their issued firearm while in the courthouse so
long as he or she advises, and receives the permission of,
the supervisor of the courthouse security detail upon entering
the courthouse or has prior authorization from a Judge of one
of the Courts.
102.3.2. Other Items. To avoid disruption during court proceedings,
a Judge may prohibit items in the courtroom or in areas in or
around a courthouse during hearings or trials including, but
not limited to:
(1) Cameras, video cameras, or any devices capable of
audio and/or visual recording;
(2) Cellular telephones or beepers;

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 (3) Newspapers or other periodicals unrelated to the
business of the Court; and
(4) Other items that may be disruptive to the court
proceedings.

102.4. Enforcement. The Sheriff of St. Joseph County (hereinafter

“Sheriff”), courthouse security personnel, and the bailiffs of each of
the Courts have been authorized to monitor and enforce compliance
with this Rule.

102.5. Consent to Search. All persons entering any of the courthouses

within St. Joseph County are required to pass through a
magnetometer/x-ray screening point and to comply with all
reasonable requests of courthouse security personnel. By entering a
courthouse within St. Joseph County, every person is consenting to
the reasonable search of their person and effects to insure that he or
she is complying with the requirements of this Rule. The Sheriff, law
enforcement officers, or court security personnel may detain any
person who they have reason to believe possesses any weapon or
other prohibited item in violation of this Rule for a period of time
sufficient to obtain name, address, date of birth, social security
number, and/or to seize any weapon or other prohibited item.

Rule LR71-TR72-103. Court Clerk.

103.1. Clerk of the Court. The term “Clerk” means the Clerk of the Circuit
Court duly elected and qualified under Article 6, Sections 2 and 4 of
the Constitution of the State of Indiana. Pursuant to I.C. 33-33-2-1,

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 the Clerk of the Circuit Court shall also serve as the ex-officio Clerk
of the Superior and Probate Courts.

103.2. Staffing. The Clerk shall assign sufficient staff to each court in order
to effectively and efficiently manage the cases filed with and/or
assigned to the respective Courts.

103.3. Clerk’s Hours of Operation. The offices of the Clerk designated to

receive filings for causes pending in their respective Courts shall be
open on all days that any court is in session between the hours of
8:00 a.m. and 4:30 p.m. for all purposes contemplated by these
rules. Filings made by electronic filing during these regular office
hours shall be considered filed on the date received; filings made
after regular office hours shall be considered filed on the next
business day that is not a Saturday, Sunday, or legal holiday.

Rule LR71-AR00-104. Court Hours and Scheduling.

104.1. Court’s Hours of Operation.
104.1.1. Judicial Days. The 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. Unless otherwise occupied by court business
or the operational needs of the court, each Court will convene
on each judicial day of the calendar term.
104.1.2. Legal Holidays. The Courts will follow the schedule for
legal holidays authorized by the Board of Commissioners of
St. Joseph County, subject to change due to emergencies or
the operational needs of the Court.

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 104.1.3. Emergency Closure. When weather conditions or other
emergencies arise, the individual court may be closed at the
direction of the Judge of the Circuit Court of the Probate
Court or the Chief Judge of the Superior Court. If a closing
is announced, the Court and the Clerk of the Court shall
make reasonable effort to notify attorneys and litigants
scheduled to attend court on that date or time.

104.2. Daily Calendar. Each regularly presiding Judge will maintain a

separate calendar. The calendar of cases set for hearing on a given
day will be posted in the Courthouse rotunda, on the Courtroom
door, inside the Courtroom, and with the Clerk of the Court.

104.3. Hearing on Matters Other Than Trials. Each Judge shall reserve
periods of time for hearing matters other than contested trials, such
as pre-trial and post-trial motions, rules to show cause, defaults,
uncontested dissolutions of marriage, etc. As necessary to minimize
conflicts in scheduling, the Judges shall set these schedules after
consultation. Hearings shall be scheduled as follows:
104.3.1. Scheduling Uncontested or Routine Matters. Routine
matters, procedural motions, domestic relations applications for
provisional relief and contempt proceedings, uncontested
petitions for dissolution of marriage, and all other matters
appropriate for summary consideration and disposition will be
heard on the daily calendar.
104.3.2. Scheduling Contested or Complicated Matters. Other
matters that will require a hearing reasonably estimated to last
in excess of twenty (20) minutes will be scheduled as the
Court’s calendar allows. Counsel or a party proceeding pro

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 se should contact the chambers of the assigned judge to
arrange for an appropriate hearing date and time.

104.4. Trials. Trial settings will be scheduled by the trial judge. Counsel or
a party proceeding pro se should contact the chambers of the
assigned judge to obtain a trial date, to schedule a pre-trial
conference, and/or to request a copy of the trial calendar.

104.5. Prompt Appearance at Hearings and Trials. Prompt appearance at

the time scheduled for all hearings and trials is enjoined upon Court,
counsel, and parties. Should an occasion arise when counsel or a
party proceeding pro se can reasonably anticipate that he or she will
be tardy for a scheduled hearing, or a scheduled hearing or trial
must be rescheduled due to an unanticipated emergency, counsel or
the party shall notify the Court immediately.

104.6. Penalties for Failure to Comply. Unless good cause is shown, the
failure of counsel or a moving party to comply with this rule or to
appear for a scheduled hearing or trial may result in a default
pursuant to the Trial Rules and/or may be enforced by direct
contempt of court, which may result in a monetary fine or other
appropriate penalty.

Rule LR71-AR00-105. Court Sessions and Management.

105.1. Circuit Court.
105.1.1. Court Sessions. The calendar year term of the Circuit
Court shall be divided into quarterly sessions as follows:

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 (1) Session I shall be conducted during the calendar
months January, February, and March;
(2) Session II shall be conducted during the calendar
months April, May, and June;
(3) Session III shall be conducted during the calendar
months July, August, and September;
(4) Session IV shall be conducted during the calendar
months October, November, and December.
105.1.2. Grand Jury. The Circuit Court may call a grand jury as
provided by I.C. 35-34-2-2.
105.1.3. Petit Jury. A petit jury shall be called to serve during
each of the sessions of the calendar year.

105.2. Superior Court.

105.2.1. Division Assignments. From time to time, the Chief Judge
will publish a schedule for the calendar year of the Superior
Court and its Divisions. The schedule will contain the names
of the Judges who are assigned to the various divisions of the
Court for each session. The schedule will be posted within
the Courthouse and provided to attorneys upon request.
105.2.2. Petit Jury. A petit jury shall be called to serve within each
Division of the Superior Court.

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 105.3. Probate Court.
105.3.1. Court Sessions. No sessions of Court shall be published;
however, from time to time, the Judge will publish a schedule
for the calendar year of the Probate Court and its Divisions.
105.3.2. Petit Jury. If needed, a petit jury shall be called to serve
during each of the sessions of the calendar year. The petit
jury may be called from the list maintained by the Circuit
Court or Superior Court.

Rule LR71-TR40-106. Case Flow and Disposition.

106.1. Assignment of Cases in the Circuit Court.
106.1.1. Civil Assignment List. The Circuit Court shall keep
assignment lists for civil cases. When the issues are closed
in any civil case where a trial is contemplated, that case shall
be placed upon the appropriate assignment list. Cases shall
be placed on the assignment lists in chronological sequence
according to the date on which the issues are closed.
106.1.2. Closing of Issues in Pending Cases. Where a party or an
attorney of a party has a good faith belief that the issues in a
case have been closed by the filing of a pleading or
otherwise, the party or the attorney may so inform the Court
and any opposing counsel in writing and file a copy of the
notice with the Clerk of the Court. Opposing counsel shall
then have ten (10) days in which to file written objections to
such indication that the issues are closed, unless otherwise
ordered by the Court. If no such objection is filed the cause
shall be placed on the appropriate assignment list.

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106.2. Assignment of Cases in Superior Court. All Superior Court cases
(except Small Claims and Traffic & Misdemeanor) will be assigned
to a particular Judge of the Superior Court immediately upon filing.
Each Judge will be responsible for the management of his or her
assigned caseload, and will hear all motions, conduct pre-trial
conferences, and prepare individual calendars of cases for trial.
106.2.1. Assignment of Civil Cases in Superior Court. All civil
cases, including those transferred to the Court from other
counties on change of venue, upon being filed with the Clerk,
shall immediately be assigned, at random and by computer,
by the Clerk to a Judge of the Court for all further action. It
shall be the responsibility of the party filing the case, or the
party’s attorney, to ascertain the Judge to which the case has
been assigned. The Chief Judge, pursuant to statute and
Local Rule 109, herein, shall have the authority to transfer
cases among and between the Judges or to other Judicial
Officers, including Magistrates, Senior Judges, Special
Judges, and Temporary Judges, in order to balance the
assignment of cases to the Judges of the Court and so as to
comply with Indiana Supreme Court Administrative Rule 15
and Local Rule 107, that being the Local Caseload Plan for
St. Joseph County.
106.2.2. Assignment of Criminal Cases in Superior Court. All
felony criminal cases, including those transferred to this Court
from other counties on change of venue, upon being filed with
the clerk, shall be assigned to the Criminal Trial Division of
this Court. The Chief Judge, pursuant to statute and Local
Rule 109, herein, shall have the authority to transfer cases
among and between the Judges or to other Judicial Officers,

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 including Magistrates, Senior Judges, and Temporary Judges
in order to balance the assignment of cases to the Judges of
the Court and so as to comply with Indiana Supreme Court
Administrative Rule 15 and Rule LR71-AR1-107, that being
the Local Caseload Plan for St. Joseph County.

106.3. All Entries by Assigned Judge. After the assignment of a case to a

Judge, all entries and orders, including judgments and orders of
dismissal, may be filed with the Clerk, who shall submit the same to
the assigned Judge (or, if unavailable, to any sitting Judge) for
approval and entry in the court records.

106.4. Listing of Assigned Cases. After the filing of the first responsive
pleading, the assigned Judge will cause the case to be placed upon
a list to be kept by each Judge of the Court, in which noted cases
are subject to call for trial pre-trial conference. Cases may be
advanced upon this list by petition to the assigned Judge for good
cause shown.

Rule LR71-AR1-107. Joint Local Caseload Allocation Plan for St. Joseph County.
107.1. Caseload Review. Not later than October 1 of each year, a
committee composed of the Judge of the Circuit Court, the Judge of
the Probate Court, and the Chief Judge of the Superior Court, shall
meet in person, telephonically, or by other means and shall evaluate
each court’s caseload data, as reported by the Division of the State
Court Administration.

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107.2. Special Circumstances. The committee shall consider in addition to
the actual caseload data, any special circumstances relevant to
evaluating the various caseloads of the various Courts and Judges in
St. Joseph County. These special circumstances shall include such
matters as death penalty cases, administrative and special Judge
service, availability of physical resources, and any other relevant
factors.

107.3. Statistical Deviation. Based upon the foregoing caseload evaluation

for each Court within the County, the committee shall determine
whether or not a sufficient statistical deviation occurs between the
Courts which would warrant a transfer of cases within St. Joseph
County from one court to another or a limitation during the following
year upon what case types may be filed in certain courts or before
certain Judges in order to more effectively and efficiently provide
services to the citizens of St. Joseph County.

107.4. Caseload Allocation Plan and Transfer of Cases. In the event the
committee determines a significant statistical deviation exists and is
likely to continue to exist the following year, the committee shall
unanimously adopt a written plan providing for the assignment of
cases and/or for the transfer of cases from one Court to another in
order to more equally distribute cases among and between the
various Courts within St. Joseph County or requiring that certain
types of cases only be filed in certain courts or assigned to certain
Judges therein. Such transfer of cases or limitation on filing shall
take into consideration the specialized jurisdictional attributes of the
Probate Court and endeavor to transfer cases that fit within a
receiving Judge’s statutory jurisdiction. In the event that either cases

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 transferring in or out of Probate Court are outside the normal
statutory jurisdiction of the receiving Judge, the committee shall
designate the receiving Judge as a special Judge of the court that
retains jurisdiction over the original proceeding. The committee shall
also take into consideration the impact of such transfer upon other
local agencies such as the Prosecutor’s Office, Public Defender’s
Office, Sheriff’s Department, Local Law Enforcement, County Clerk’s
Office, Probation Departments, as well as the general citizenry and
the cost of such transfers. The caseload allocation plan may be
memorialized as an appendix to this rule.

107.5. Procedures Following Transfer. Once a case is assigned or

transferred pursuant to the caseload allocation plan adopted by the
committee into another Court, the case shall be heard and processed
as all other cases originally filed within that Court.

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Rule LR71-AR00-108. Organization of the Circuit Court.
108.1. General Organization. The Circuit Court shall be divided into two
divisions, which shall be known as the South Bend and Mishawaka
Divisions.

108.2. Magistrates. Magistrates appointed pursuant to statute or otherwise

shall hold office at the pleasure of the Judge of the Circuit Court and
shall perform such judicial duties as may be allowed by law, as set
out in these rules, or as may be assigned by the Judge of the
Circuit Court.

Rule LR71-AR00-109. Organization of the Superior Court.

109.1. General Organization. The Superior Court shall be divided into five
divisions, which shall be known as the Criminal Trial, Civil Trial,
Small Claims, Traffic and Misdemeanor, and Mishawaka Divisions.
Each of the Judges of the Superior Court is permanently assigned to
the Civil or Criminal Divisions of the Court. Regardless of such
assignment under these Rules, each Judge is authorized at all times
to conduct hearings and trials in all matters, and to exercise the full
jurisdiction of the St. Joseph Superior Court.

109.2. Criminal Trial Division. The Chief Judge shall determine the Judges
assigned to the criminal division. All felony cases, as well as all
traffic and misdemeanor cases in which a demand has been made
for trial by jury, shall be tried in the Criminal Trial Division. The
Judge assigned to the Mishawaka Division shall be responsible for
the trial of all cases assigned to that Judge. The Chief Judge shall
prepare an annual schedule indicating which Judge will be available

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 in felony cases to approve requests for warrants, to fix bonds, and to
conduct arraignments.
109.2.1. Drug Treatment Court. Within the Criminal Division there
may be established a Drug Treatment Court for which one or
more Judges of the court shall be responsible. Eligibility for
the drug treatment court shall be determined by written criteria
currently in place, or as hereafter modified. Cases may be
assigned to the Drug Treatment Court only upon the consent
of the Prosecuting Attorney, defendant, and the Judge
assigned to the court, and upon the continuance of the case
pursuant to the filing of a standard written agreement for such
purposes.

109.3. Civil Trial Division. The Chief Judge shall determine the Judges
assigned to the Civil Trial Division. Trials of civil cases, whether by
court or by jury (except such cases as are pending in Small Claims
Division), ordinarily shall be conducted in the Civil Trial Division.
Petitions for temporary or regular civil commitments and for
emergency detentions shall be heard in this Division. The Judge
assigned to the Mishawaka Division shall be responsible for the trial
of all cases assigned to that Judge.

109.4. Traffic and Misdemeanor Division. The Chief Judge shall determine
the judicial officers to assign to the Traffic & Misdemeanor Division.
This Division shall be responsible for the trial and disposition of
traffic violations, criminal misdemeanors, infractions, and city
ordinance violations. This Division is further responsible for such
classes of violations as may be designated for disposition upon a
plea of guilty in a violations bureau. Cases pending in the Traffic &

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 Misdemeanor Division shall not be deemed assigned to the judge
sitting therein, nor any other Judge, except upon proper motion for
change of venue.

109.5. Small Claims Division. The Chief Judge shall determine the judicial
officer to assign to the Small Claims Division. This division shall be
responsible for the trial and disposition of all cases filed in its
individual docket and falling within the jurisdiction of the division
pursuant to I.C. 33-29-2-1, et seq. This division may publish its
own rules of procedure. Cases pending in this division shall not be
deemed assigned to the Judge sitting therein, nor to any other
Judge, except upon proper motion for change of venue.

109.6. Mishawaka Division. The Chief Judge shall assign at least one
Judge to this division, but may assign other judicial officers. The
length of service shall be determined by the Chief Judge. The
appointment shall not be considered permanent; the Chief Judge
shall retain discretionary assignment authority pursuant to I.C. 33-5-
40-23, as may be amended from time to time. The Mishawaka
Division shall be responsible for the disposition of all cases assigned
to it or that Judge. In the event that a Judge is reassigned from this
division to the South Bend Division or to any other division of the
court, the cases shall remain in Mishawaka and be assigned to the
succeeding Judge or Magistrate

109.7. Magistrates. Magistrates appointed pursuant to statute or otherwise

shall hold office at the pleasure of the court and shall perform such
judicial duties as may be allowed by law, as set out in these rules,
or as may be assigned by the Chief Judge.

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109.8. Chief Judge of the Superior Court.
109.8.1. Election of Chief Judge. A Chief Judge, as provided for
by I.C. 33-5-40-23, shall be elected for a term of two years
by a majority vote of the Judges of the Court. Such elections
shall be held no later than the last regularly scheduled Judges
meeting in even numbered years. The term of the Chief
Judge shall begin on January 1, following his or her election.
A vacancy in the office of the Chief Judge shall be filled by a
majority vote of the remaining Judges of the court. A Judge
may resign the office of the Chief Judge without resigning
from the Court and shall be eligible to vote in the election to
select a successor.
109.8.2. General Authority and Duties of Chief Judge. The Chief
Judge shall have such authority and responsibilities as
conferred by statute, Supreme Court Rule, or Local Rule and
shall be responsible for the efficient operation of the Court
and management of its business. The Chief Judge shall have
the authority to assign and reassign Judges between the
divisions of the Court and to reassign cases previously
assigned. The Chief Judge shall designate another Judge of
the Court as acting Chief Judge during any period of the
Chief Judge’s unavailability or to assist the Chief Judge as
may be necessary. The Chief Judge may make various
assignments and appointments to boards, commissions,
committees, or other such organizations as may be required
or in the best interests of the Court.
109.8.3. Specific Authority to Transfer Cases. The Chief Judge
may, in addition to the general authority otherwise granted,
and in order to effectively and efficiently manage the Court,

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 transfer cases between the Judges and magistrates in order
to accommodate speedy trial requests in criminal cases, to
handle emergency matters, to join co-defendants or related
cases, to transfer all cases pending against a defendant or
filed by a plaintiff to a single Judge, to hear dispositive
motions, to transfer cases to a Senior Judge, Magistrate,
Special Judge, or Temporary Judge, and to make such other
transfers and assignments as may be in the best interests of
the Court.

Rule LR71-AR00-110. Organization of the Probate Court.

110.1. General Organization. The Probate Court shall be divided into two
divisions, which shall be known as the Probate and Juvenile
Divisions.

110.2. Magistrates. Magistrates appointed pursuant to statute or otherwise

shall hold office at the pleasure of the Judge of the Probate Court
and shall perform such judicial duties as may be allowed by law, as
set out in these rules, or as may be assigned by the Judge of the
Probate Court.

Rule LR71-AR15-111. Court Reporter Services.

111.1. Definitions.
111.1.1. Court Reporter. 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.

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111.1.2. Equipment. Equipment means all physical items owned by
the Court or other governmental entity and used by a court in
performing court reporter services. Equipment shall include,
but not be limited to, telephones, computer hardware, software
programs, disks, tapes, and any other device used for
recording, storing, and transcribing electronic data.
111.1.3. Work Space. 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.
111.1.4. Page. Page means the page unit of transcript that results
when a recording is transcribed in the form required by
Indiana Rule of Appellate Procedure 7.2.
111.1.5. Recording. Recording means the electronic, mechanical,
stenographic, or other recording made as required by Indiana
Rule of Trial Procedure 74.
111.1.6. Regular Hours Worked. Regular hours worked means
those hours during which the Court is regularly scheduled to
work during any given workweek. Depending on the particular
Court, these hours may vary from court to court within the
County but remain the same for each workweek.
111.1.7. Gap Hours Worked. 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 workweek.
111.1.8. Overtime Hours Worked. Overtime hours worked means
those hours worked in excess of forty (40) hours per
workweek.
111.1.9. Workweek. Workweek means a five (5) consecutive day
week that consistently begins on Monday and ends on Friday.

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 111.1.10. Court. Court means the particular court for which the court
reporter performs services.
111.1.11. County Indigent Transcript. 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.
111.1.12. State Indigent Transcript. 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.
111.1.13. Private Transcript. Private transcript means a transcript,
including but not limited to, a deposition transcript, that is paid
for by a private party.

111.2. Salaries and Per-Page Fees.

111.2.1. Annual Salary. A court reporter shall be paid an annual
salary for time spent working under the control, direction, and direct
supervision of the Court during any regular work hours, gap hours, or
overtime hours.
111.2.2. Non-expedited County Indigent Transcript. The per page
fee for one original and one additional copy of a non-expedited
county indigent transcript preparation shall be $3.00 plus a fee of
$10 per 100 pages containing marginal or header notations (e.g. $10
per 100 pages, $20 per 200 pages), which fee will be subject to
review at a time that rates for federal reporters are increased. Re-
orders of an existing transcript shall be one-half price (e.g. $1.50 per
page, with a cost of $5 per 100 pages containing marginal or header
notations).

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 111.2.3. Claim for Preparation. The court reporter shall submit
directly to the County a claim for the preparation of a county indigent
transcript.
111.2.4. Non-expedited State Indigent Transcript. The maximum per
page fee that a court reporter may charge for one original and one
additional copy of a non-expedited state indigent transcript shall be
$3.00 plus a fee of $10 per 100 pages containing marginal or header
notations (e.g. $10 per 100 pages, $20 per 200 pages), subject to
review at a time that rates for federal reporters are increased. Re-
orders of an existing transcript shall be one-half price (e.g. $1.50 per
page, with a cost of $5 per 100 pages containing marginal or header
notations).
111.2.5. Non-expedited Private Transcript. The maximum per page
fee that a court reporter may charge for one original and one
additional copy of a non-expedited private transcript shall be $3.00
plus a fee of $10 per 100 pages containing marginal or header
notations (e.g. $10 per 100 pages, $20 per 200 pages), which fee
will be subject to review at a time that rates for federal reporters are
increased. Re-orders of an existing transcript shall be one-half price
(e.g. $1.50 per page, with a cost of $5 per 100 pages containing
marginal or header notations).

111.3. Private Practice. If a court reporter elects to engage in private

practice through recording of a deposition and/or preparing of a
deposition transcript and desires to utilize the Court’s equipment and
work space, and the Court agrees to use of the Court equipment and
work space for such purpose, the Court and the court reporter shall
enter into a written agreement which must, at a minimum, designate
the following:

Page 23 Effective January 1, 2010

(1) The court reporter shall at his or her own expense supply
paper and covers for the preparation of such deposition
transcript;
(2) The reasonable market rate for the use of equipment, work
space, and supplies and the method by which the court
reporter is to reimburse the court for the use of said
equipment, work space, and supplies;
(3) That if a court reporter elects to engage in private practice
through recording of a deposition and/or the preparing of a
deposition transcript, that such private practice shall be
conducted outside of regular working hours, unless the time
is considered as compensatory time off from regular work
hours;
(4) That the court reporter is to be compensated for gap and
overtime hours by compensatory time off regular work
hours only when the judge to whom the court reporter is
assigned is not performing duties requiring the court
reporter’s presence;
(5) It shall be the responsibility of the court reporter to keep
accurate time records of regular work hours, gap, and
overtime hours to justify their compensatory hours. Hours
spent in transcript preparation are not to be counted toward
regular hours worked;
(6) Guilty plea and sentencing hearings shall be reported by
computer-aided transcription (CAT) and preserved in
accordance with the criminal rules for record retention.

Page 24 Effective January 1, 2010

 APPENDIX A TO LOCAL GENERAL AND ADMINISTRATIVE
RULES, 100 SERIES

CASELOAD ALLOCATION PLAN

FOR COURTS IN ST. JOSEPH COUNTY, INDIANA

I. Organization of the Courts of St. Joseph County:

As of January 1, 2009, the Courts of St. Joseph County are organized and
assigned judicial officers as follows:
(1) St. Joseph Circuit Court – one (1) judge and two (2) magistrate
judges;
(2) St. Joseph Superior Court – eight (8) judges and two (2) magistrate
judges; and
(3) St. Joseph Probate Court – one (1) judge and three (3) magistrate
judges.

II. Designation of Judicial Officers to Hear Civil, Criminal and Juvenile Cases:

(1) Judicial Officers Designated to Hear Civil Cases: Civil Cases (other
than small claims matters) shall be heard by the judge and the magistrate judges of
the Circuit Court, and by the judges and/or magistrate judges of the Superior Court
designated by the Chief Judge of the Superior Court to hear civil cases;
(2) Judicial Officers Designated to Hear Felony Criminal Cases: Felony
criminal cases shall be heard by the judges and/or magistrate judges of the
Superior Court designated by the Chief Judge of the Superior Court to hear felony
criminal cases;

Page 25 Effective January 1, 2010

 (3) Judicial Officers Designated to Hear Small Claims Cases: Small claims
matters shall by heard by the judges and/or magistrate judges of the Superior
Court designated by the Chief Judge of the Superior Court to hear small claims
matters;
(4) Judicial Officers Designated to Hear Traffic and Misdemeanor Cases:
Unless otherwise assigned to a felony criminal court for judicial economy because a
defendant has pending felony, misdemeanor and/or probation revocation matters,
traffic and misdemeanor matters shall by heard by the judges and/or magistrate
judges of the Superior Court designated by the Chief Judge of the Superior Court
to hear traffic and misdemeanor matters.
(5) Judicial Officers Designated to Hear Paternity, Delinquency,
Dependency, and Adoption Cases: Paternity, delinquency, dependency, and
adoption matters shall be assigned to the Judge of the Probate Court unless the
Judge assigns the matter to be heard by a magistrate judge of the Probate Court.
(6) Judicial Officers Designated to Hear Title IV-D Cases: Pursuant to
LR71-FL00-430 et seq., Title IV-D Cases may be assigned to the Title IV-D Court
and heard by a magistrate judge of the Probate Court designated to preside over
Title IV-D hearings.

III. Protocol for Assignment of Cases Among the Courts of St. Joseph County:

(1) Civil cases (other than small claims): With the exception of cases that
must be assigned statutorily to the Probate Court because of its designation as the
court with exclusive jurisdiction over juvenile cases (paternity, delinquency,
dependency, adoption, etc.) or to the Circuit Court (license reinstatement, name
changes, etc.), civil cases (other than small claims cases) shall be assigned
randomly among the judges and/or magistrate judges of the Circuit Court and the
Superior Court designated to hear civil matters.

Page 26 Effective January 1, 2010

 (2) Felony Criminal Cases: With the exception of criminal cases that must
be assigned to the Circuit Court by L71-CR2.2-303.1 or 303.2, felony criminal
cases shall be assigned randomly among the judges and/or magistrate judges of
the Superior Court designated to hear criminal cases. However, and
notwithstanding this method of random assignment, in all felony criminal cases,
except MR cases, where co-defendants are charged, cases shall be reassigned to
a single judge or magistrate judge, as follows: (a) where co-defendants have been
equally assigned to different judges, the judge having the lowest assigned cause
number shall be assigned/reassigned all co-defendant cases; or (b) in the event
that co-defendants have been unequally assigned to different judges, the judge
having the greatest number of co-defendants shall be assigned/reassigned all co-
defendant cases. Further, the Chief Judge of the Superior Court may reassign
cases involving a defendant who has a pending case to the judge presiding over
the earliest assigned cause number. The Chief Judge of the Superior Court may
reassign MR cases or other felony cases where such reassignment is in the interest
of judicial economy or dictated by the weighted caseload balancing requirements.
(3) Small Claims Cases: With the exception of small claims matters filed by
the City of Mishawaka, the School City of Mishawaka, and the Town of Osceola, or
when otherwise ordered by a judge of the Superior Court, small claims cases shall
be assigned to South Bend Division of the Superior Court. For convenience of
parties, a small claims case that must be assigned to the South Bend Division may
be filed in the Mishawaka Division, but the filling party or counsel shall indicate to
the Clerk on the Chronological Case Summary that the matter must be docketed in
the South Bend Division, and the Clerk shall promptly forward the pleadings to the
South Bend Division for filing and processing.
(4) Traffic and Misdemeanor Cases: With the exception of ordinance or
traffic matters filed by the City of Mishawaka, traffic and misdemeanor cases shall
be filed in and assigned to the South Bend Division of the Superior Court.

Page 27 Effective January 1, 2010

 (5) Paternity, Delinquency, Dependency, and Adoption Cases: Paternity,
delinquency, dependency, and adoption cases shall be filed in Probate Court.

Page 28 Effective January 1, 2010

 IV. Exceptions to the Protocol for Assignment of Cases:

(1) Mass Filing of Collection Cases (other than small claims): Upon
request and designation by the Judge of the Circuit Court and the Chief Judge of
the Superior Court, a lawyer or law firm may be approved to make mass filing of
collection cases (other than small claims). Unless otherwise directed by the Judge
of the Circuit Court or the Chief Judge of the Superior Court based on weighted
caseload balancing requirements or otherwise, cases filed by a lawyer or law firm
approved for mass filing shall be assigned to the Circuit Court.
(2) Special Judge or Transfer: Nothing in these local rules shall be
interpreted to prevent a party from taking a change of judge or requesting transfer
of a case as otherwise authorized by statute or rule of court.
(3) Temporary or Permanent Assignment of Cases: Nothing in these local
rules shall be interpreted to prevent the regularly presiding judge of a Court from
assigning a case on a temporary or permanent basis to a Magistrate Judge, Special
Judge, Senior Judge, Temporary Judge, Judge Pro Tem, Referee, or other duly
appointed judicial officer.
(4) Caseload Balancing: Nothing in these local rules shall be interpreted to
prevent the Judge of the Circuit Court, the Chief Judge of the Superior Court or the
Judge of the Probate Court, either jointly or individually, from reassigning a case for
the purpose of caseload balancing based on the weighted caseload criteria or other
caseload balancing criteria.
(5) Emergency or Exigent Circumstances: Nothing in these local rules
shall be interpreted to prevent the Judge of the Circuit Court, the Chief Judge of
the Superior Court or the Judge of the Probate Court, either jointly or individually,
from assigning a case based on emergency or exigent circumstances.

Page 29 Effective January 1, 2010

 V. Authority and Effective Date:

(1) This Caseload Allocation Plan is adopted pursuant to the requirements

of A.R. 1 (E) and LR71-AR1-107.1
(2) The effective date of this Caseload Allocation Plan is January 1, 2009.

Page 30 Effective January 1, 2010

LOCAL CIVIL RULES FOR ST. JOSEPH COUNTY (200 SERIES)

Rule LR71-TR77-201. Filing, Pleading, and Motions.

201.1. Flat Filing. In order that the Clerk’s files may be kept under the
system commonly known as “flat filing,” all papers presented to the
Clerk for filing shall be flat and unfolded. Pleadings shall have no
covers or backs and shall be fastened together at the top left-hand
corner only.

201.2. Filing with the Clerk. The entry of appearances and the filing of
pleadings or other matters not requiring immediate Court action shall
be filed with the Court Clerk and not in open Court. A Judge may
permit papers to be filed in chambers, in which event he or she shall
note thereon the filing date and transmit the papers to the Court
Clerk.

201.3. Format of Pleadings. All pleadings, motions, and other papers shall
be prepared in accordance with the applicable provisions of the
Indiana Rules of Trial Procedure. For the purpose of uniformity and
convenience, the following requirements shall also be observed:
201.3.1. Paper. Pleadings, motions, and other papers shall be
either legibly printed or typewritten on white opaque paper of
good quality at least sixteen (16) pound weight, eight and
one-half inches (8 ½”) in width and eleven inches (11”) in
length as required by A.R. 11. All copies shall likewise be on
white paper of sufficient strength and durability to resist
normal wear and tear.
201.3.2. Style, Margins, Spacing, and Font. Printing shall be on
one side of the paper. Margins shall be at least one inch

Page 31 Effective January 1, 2010

 (1”). If typewritten, the lines shall be double spaced except
for quotations, which shall be indented and single-spaced.
Type face shall be 12 font size or larger within the body of
the document and 10 font size or larger in the footnotes. The
font type must be legible and script type shall not be used.
Italicized type may be used for quotations, references, or case
citations.
201.3.3. Caption. Every pleading shall contain a caption setting
forth the name of the Court, the title of the action and the
cause number. Where applicable, the pleading shall also
contain a Quest or other CMS file number. If a special judge
has been assigned to the case, the pleading should also
identify the special judge.
201.3.4. Title. All pleadings or motions shall include a title, which
shall delineate each topic included in the pleading. For
example, where a pleading contains an answer, a motion to
dismiss, and a jury request, each topic shall be set forth in
the title.
201.3.5. Signature and Verification. Parties and their counsel are
enjoined to comply with the verification requirements of T.R.
11, and either the moving party or the party’s attorney of
record shall sign all pleadings and motions before filing with
the Clerk of the Court. Every motion, petition, or other
pleading filed with the Clerk shall contain the name,
organization, physical address, telephone number, and
facsimile number of the filing party or an attorney for that
party.
201.3.6. Restricted Access. Where a motion, petition, or other
pleading is excluded from public access under A.R. 9(G), the

Page 32 Effective January 1, 2010

 parties and their counsel are enjoined to comply with the filing
requirements of T.R. 5(G).

201.4. Chronological Case Summary Entry Form. Every written motion,

petition, or other pleading subsequent to the original complaint
presented to the Clerk for filing shall be accompanied by a
Chronological Case Summary (CCS) entry form in duplicate which
shall contain the title and cause number of the action, the date, and
the proposed entry to appear on the docket. The CCS entry form
shall identify the party making the filing, designate each pleading
being filed, and shall be signed by counsel of record or the
unrepresented litigant. The form shall be date stamped and
presented to the Court Clerk, who shall initial the form and return the
duplicate to the filing party. Hearing dates for filings requiring Court
action shall be obtained from the Court Clerk and incorporated in the
CCS entry at the time the motion or other pleading is filed. If no
date is obtained prior to the filing, the fact of the hearing should be
noted with the date and time left blank. All proposed CCS entries
must be examined and approved by the Judge before becoming part
of the record. The Judge may modify or amend any proposed CCS
entry and will notify counsel of any substantial modification or
amendment of a proposed CCS entry.

201.5. Service of Copies. Every motion, petition, or other pleading required

to be served by T.R. 5, Indiana Rules of Trial Procedure, shall be
served on all counsel of record or unrepresented parties either before
it is filed or on the day it is filed with the Court. A copy of the
Clerk’s CCS entry form of the filing shall also be served on all
counsel of record whenever it contains an appearance of counsel or

Page 33 Effective January 1, 2010

 contains a date for Court hearing of the matter. All proposed forms
of order left with the Clerk when the Judge is not available shall be
submitted in sufficient number so that distribution may be made to all
affected parties. Counsel submitting such order shall indicate the
method of distribution desired on the Clerk’s CCS entry. Service on
a Judge may be made by delivering a copy to the Judge’s secretary
or mailing a copy to the Judge at his or her chambers. Service on a
Judge may not be accomplished by facsimile transmission; however,
a courtesy copy may be sent to the Judge’s chambers by facsimile
transmission contemporaneously with service by mail or otherwise.

201.6. Numbers of Copies and Orders. The Clerk shall retain the original
of all filings. In cases in which a party or counsel supplies the
proposed order or decree, a sufficient number shall be prepared and
filed as to provide the Clerk to retain two (2) copies, which shall be
filed in the flat file and the record of judgments and orders. Should
the party or counsel desire additional copies, a sufficient number of
copies should be filed to effectuate that purpose.

201.7. Reports. Reports of appraisers, masters, and commissioners shall

be filed with the Court in triplicate. Unless otherwise authorized by
the Court, a copy of the report shall be provided on either a floppy
disk or an electronic mail message with a copy of the request
attached in digital format.

201.8. Court Files. No Court file nor any part thereof may be removed
from the custody of the Court Clerk by any person, including any
attorney or Judge of this or any other Court, except upon
authorization by the regularly presiding Judge to which the case is

Page 34 Effective January 1, 2010

 assigned and then only upon such terms and conditions as may be
provided by him in the Order for authorization. One unalterable and
invariable condition of this Order is the written acknowledgment of
the authorized person that he has such file in his personal
possession.

Rule LR71-AR8-202. Uniform Court and Case Number Designation. All filings
shall conform to the requirements for uniform court and case number designation
set by Admin. Rule 8. In addition, all filings shall contain the proper court and
case designation as described below.
202.1. Court Designation. Pursuant to Indiana Code 33-33-71-2, St.
Joseph County, Indiana, constitutes the Sixtieth (60th) Judicial
Circuit. The legal names of the courts within the 60th Judicial Circuit
are the St. Joseph Circuit Court, the St. Joseph Superior Court, and
the St. Joseph Probate Court. All filings shall properly reflect the
legal name of the applicable court. Any filing may be amended,
rejected, or stricken if it does not contain the proper case name
and/or the legal name of the court.

202.2. Case Designation. At the time of filing, the party initiating the case
should properly designate the case type.
202.2.1. Designation Upon Filing. The filing party (or the attorney
for the filing party) shall designate the correct case type in
the cause number line of each summons and complaint before
presenting a new filing to the Clerk.
202.2.2. Proper Designations. Case type designations must
conform to the requirements of Ind. Admin. Rules 8(B)(3).
Since January 1, 2003, “CP” is no longer allowed as a

Page 35 Effective January 1, 2010

 designator for civil plenary cases; “PL” is now the proper
designation for these types of cases.
202.2.3. Failure to Designate. If a filing is presented without a
case type designation on each summons and complaint, the
entire filing may be rejected or stricken. Should a case be
accepted with an incorrect designation, the court may order
the matter to be redocketed with the correct case type
designation and may require that the filing party pay a
redocketing fee.
202.2.4. Advice and Assistance. The Clerk or her deputies may
provide assistance to the filing party in this regard, but should
not be required to make a legal judgment as to the correct
case type designation. Any questions or doubts should be
referred to a judge or a magistrate in the court receiving the
filing.

Rule LR71-AR9-203. Access to Court Records.

203.1. Confidential Records. The following information is excluded from
public access and is confidential:
(1) Information that is excluded from public access under
Federal Law;
(2) Information that is excluded from public access under
Indiana statute or Court rule;
(3) Records that are sealed by Federal or state law or by court
order;
(4) All personal notes and email deliberative material of
judges, jurors, court staff, and judicial agencies, including
without limitation the Adult Probation Department, the

Page 36 Effective January 1, 2010

 Juvenile Probation Department, and the Domestic Relations
Counseling Bureau, whether maintained in electronic or
paper format;
(5) All information recorded in a personal data assistant (PDA)
or other electronic organizer or calendar system, whether
maintained in electronic or paper format;
(6) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal under Ind. Code
5-14-3-4(b)(7);
(7) Advisory or deliberative material created, collected, or
exchanged by, between, or among Judges, including notes,
journals, or minutes of Judge’s Meetings;
(8) Information excluded from public access by a specific court
order.

203.2. Access to Confidential Records. Information that is excluded from

public access and is confidential may not be accessed without prior
written authorization of the Judge who is assigned to a particular
matter or is responsible for supervising that office or department that
created, maintained, or archived the information. In some instances,
access will require prior written authorization from the Judges of the
Circuit Court and the Probate Court and the Chief Judge of the
Superior Court; in other instances, access will require written
authorization from all the Judges of the Circuit, Probate, and Superior
Courts.

Page 37 Effective January 1, 2010

Rule LR71-TR3.1-204. Appearance and Withdrawal of Appearance of Counsel.
204.1. Appearances. Counsel and unrepresented parties appearing after
the filing of the original complaint shall forthwith notify all other
counsel of record and unrepresented parties of such appearance and
file proof of such notice. Each counsel or party shall file an
appearance form (or its equivalent) that includes a mailing address
and telephone number. The notice may include a post office box,
but must include a physical street address to allow for proper service
of process or other notification by the Court.

204.2. Withdrawal of Appearance. Unless authorized by the party in open

Court or in writing or upon appearance of other counsel, an attorney
will be permitted to withdraw his appearance for a party only after
filing a Motion to Withdraw and setting the matter for hearing not
fewer than fourteen (14) days from the date of filing. If a trial date
has already been set, a motion to withdraw appearance must be filed
at least thirty (30) days prior to that date unless the attorney has
leave of the court to file in a shorter amount of time.

204.3. Service of Notice to Withdraw. The attorney must present to the

Court adequate proof of notice to his client, as well as all other
counsel and unrepresented litigants, of the intent to withdraw and of
any impending pre-trial, hearing, or trial dates. The notice to his
client shall be by postage prepaid, certified mail, return receipt
requested and received or returned by the Postal Service
undeliverable or refused addressed to the last known address of the
client.

Page 38 Effective January 1, 2010

 204.4. Contact Information. In cases where the withdrawal of appearance
shall leave the client unrepresented, the Motion to Withdraw must
contain the address and, if known, telephone number of the client
where service of documents can be delivered or other notice can be
provided. As required by AR 9(G), this contact information may be
designated as confidential and excluded from public access.

Rule LR71-TR41(E)-205. Dismissal for Lack of Prosecution.

205.1. Initiated by Court. Rules to show cause why a cause should not be
dismissed for lack of prosecution pursuant to T.R. 41(E) will be
routinely issued and served upon affected parties and counsel by
ordinary mail or by personal delivery in all cases in which no entry
has been made for six months. Records of the setting of cases for
trial and motions for continuance will not be considered as entries
tolling the time.

205.2. Initiated by Parties. Nothing in Rule 205.1 above shall affect the
right of any party to file a motion pursuant to T.R. 41. Unless
otherwise directed by the regularly presiding Judge, a party filing a
motion for dismissal pursuant to T.R. 41 shall request that the Court
set the matter for hearing.

Rule LR71-TR12-206. Special Requirements for Pleadings and Motions

206.1. Supporting Memorandum of Law. All pleadings and motions filed

pursuant to Trial Rules 12 and 56 shall be accompanied by a
separate supporting brief. An adverse party shall have thirty (30)

Page 39 Effective January 1, 2010

 days after service of the motion in which to serve and file an answer
brief. Subject to Court approval, the moving party may file a reply
brief. With regard to all other motions or matters submitted to the
Court, and so long as consistent with Indiana Rules of Procedure, an
adverse party wishing to respond shall do so within fifteen (15) days
of service. Each motion shall be separate, while alternative motions
filed together shall each be identified on the caption. Failure to file
an answer brief or reply brief within the time prescribed shall be
deemed a waiver of the right thereto and shall subject the motion to
summary ruling.

206.2. Hearing Date; Opposing Memorandum. At the time of filing, unless

otherwise ordered by the Court, all T.R. 12 and 56 motions shall be
set for hearing for a day not fewer than fourteen (14) days after the
time period allowed for filing of briefs as specified in Rule 206.1.

206.3. Waiver of Hearing; Stipulation of the Parties. Counsel may

stipulate that the motion may be ruled upon by the Judge without a
hearing thereon in which event the motion and stipulation shall be
brought to the personal attention of the Judge by counsel or by a
party proceeding pro se.

206.4. Required Notice to Parties

206.4.1. Notice to Parties in Mortgage Foreclosure (MF) Causes

of Action. A party filing a mortgage foreclosure (MF) cause
of action shall cause to be served on the resident a copy of
the Notice Concerning Mortgage Foreclosure, which is
attached hereto and made a part hereof as Appendix A.

Page 40 Effective January 1, 2010

 Should the plaintiff fail to comply with the rule, the Court may
refuse to enter default judgment, refuse to grant judgment on
the pleadings or take similar action until compliance is
demonstrated. Additionally, should plaintiff’s failure to comply
with this rule result in additional costs to the defendant, the
Court may order the plaintiff to pay reasonable expenses,
including attorney fees, that are related to the plaintiff’s
noncompliance. See also, Ind. Code 32-30-10.5 et seq.
206.4.2. Notice to Unrepresented Parties Regarding Trial Rule 56
Motions. Notwithstanding any other rule of court, if a party is
proceeding pro se and an opposing party files a motion for
summary judgment, counsel for the moving party must serve a
notice upon the unrepresented party as set forth in Appendix
B, which is attached hereto and made a party hereof.

206.5. Appearance by Counsel at Scheduled Hearings. Whenever the

Court schedules a hearing on a motion pursuant to Trial Rule 12
and/or 56, counsel for all represented parties shall appear in person
or by local co-counsel at such hearing.

Page 41 Effective January 1, 2010

Rule LR71-TR55-207. Default Judgments.
207.1. Proper Service. At the time of the request for entry of a default
judgment under T.R. 55, the moving party must demonstrate that
service has been perfected on the party or parties against whom
default is sought.

207.2. Affidavit for Judgment by Default. At the time of filing of a motion

for default judgment or at the time of a hearing scheduled for entry
of a default judgment, the moving party shall file an affidavit
indicating that the party or parties against whom default is sought is
not a member of the military service, is neither a minor nor
incompetent, and is not institutionalized.

207.3. Affidavit of Attorney Fees. At the time of filing of a motion for

default judgment or at the time of a hearing scheduled for entry of a
default judgment, a moving party who is requesting an allowance of
attorney’s fees shall file an affidavit executed by the attorney
requesting the fee. The affidavit shall be in a form and substance to
enable the Court to determine if attorney’s fees are appropriate, and
if so the reasonable amount of fees. The affidavit shall set forth the
authority for the Court to award attorney’s fees (i.e., statute, contract,
etc.) and the basis upon which the proposed fees were computed
(i.e., the hourly rate, the number of hours employed or anticipated to
be employed in obtaining and enforcing a judgment herein). In the
absence of an affidavit or sworn testimony in lieu thereof, no
attorney’s fees shall be allowed.

Page 42 Effective January 1, 2010

Rule LR71-TR26-208. Discovery Requests.
208.1. Filing with the Court. As envisioned by the Trial Rules, requests for
discovery shall be served upon the parties and should not be filed
with the Court unless in connection with a dispute concerning
compliance with prior discovery requests. The procedure for
addressing discovery disputes is outlined in Rule 208.4 below.

208.2. Format of Discovery Requests. Whenever agreed by the parties or

otherwise ordered by the Court, a party shall forward simultaneously
with the hard copy discovery request (interrogatories, requests for
production, requests for admissions, or other requests for discovery)
either a floppy disk or an electronic mail message with a copy of the
request attached in digital format. Otherwise, an original and two
duplicate copies shall be prepared and served on the party required
to answer.

208.3. Interrogatories. All interrogatories to parties propounded pursuant to

T.R. 33 shall be prepared as follows:
(1) The propounding party or the attorney of record for the
propounding party shall sign and date the interrogatories as
of the date of service;
(2) After each interrogatory, sufficient blank space shall be left
by the propounding party as is reasonably anticipated may
be required for the responder’s typewritten answer. If
additional space is required for an answer, the responder
shall attach supplemental pages, incorporated by reference,
to comply with the spirit of T.R. 33.
(3) Additional space shall be left by the propounding party at
the close of the interrogatories for the signature and

Page 43 Effective January 1, 2010

 appropriate typed oath or affirmation to be supplied by the
responder.
(4) The responding party shall type the requested answers,
supply the jurat, and serve the original and one duplicate
on propounding counsel.

208.4. Discovery Disputes. To promote the orderly and expeditious

handling of cases to trial readiness, counsel shall attempt in good
faith to resolve all disagreements between or among themselves
concerning the necessity for and scope of discovery, the necessity to
seek sanctions, and/or protection against discovery under T.R. 26
through T.R. 37. After personal consultation and good faith attempts
to resolve differences as to the foregoing matters, counsel for any or
all parties may move to compel discovery, invoke sanctions, or seek
protection against discovery as aforesaid. As a part of such motion,
the party shall recite the date, time, and place of the personal
consultations and the names of the participants. If counsel for any
party advises the Court in writing that counsel for any other party has
refused or delayed consultation hereby contemplated, the Court shall
take such action as is appropriate to preclude, obviate, or avoid
further delay.

Rule LR71-TR16-209. Pre-trial Procedures.

209.1. Purpose of Pre-trial Procedure. This rule is intended to accomplish
the original purpose of pre-trial procedure – to simplify the issues,
make cases easier, quicker, and less expensive for the Court,
lawyer, and litigant and to alleviate the burden of ceremonial detain
and to aid the efficient preparation of a case.

Page 44 Effective January 1, 2010

209.2. Pre-trial Conference. A pre-trial conference of Court and counsel
may be scheduled by the Court on its own motion or at the request
of counsel for any party in any civil case in which, in the discretion
of the Court, possible problems can be identified, the course and
progress of the case, the necessity, sequence, and scope of
discovery should be anticipated, planned, scheduled, or estimated for
the orderly and expeditious handling of it by Court and counsel. At
the pre-trial conference, the Court may designate deadlines for
discovery, dispositive motions, or alternative dispute resolution. The
Court may also provide the parties with proposed dates for trial,
additional pre-trial conferences, and/or require the filing of a pre-trial
order. The Clerk shall endeavor to give at least thirty (30) days
notice of the initial pre-trial conference to the parties.

209.3. Alternative Dispute Resolution. On the Court’s own motion or

initiative, the parties may be required to attempt alternative dispute
resolution (ADR). Such ADR efforts may include, at the Court’s
discretion, mediation and/or settlement conferences and may require
one or more sessions or sessions lasting a specific amount of time.
One or more of the parties may request that the Court order
the parties engage in ADR. Such a request must be in writing and
must be accompanied by a memorandum informing the Court of the
nature of the case, the attorneys or unrepresented litigants involved,
and a history of the settlement negotiations that have taken place to
that date and that the previous settlement negotiations made in good
faith have failed.
At any mediation or settlement conference, counsel for each
party shall be present, in person, and each party or a designated

Page 45 Effective January 1, 2010

 representative having complete authority to settle the matter in
question shall be present in person. Upon request and by leave of
court, a party or representative of a party may be allowed to
participate in said settlement conference by telephone in lieu of a
personal appearance. Should any party or counsel for any party
violate the requirements of this rule concerning attendance, the Court
may impose sanctions.

209.4. Adequate Preparation for Pre-trial Conference. The purpose of the

pre-trial conference being to narrow and simplify the issues for trial
and to expedite the trial, counsel shall report for such conference
with the Judge after full preparation including an adequate meeting of
counsel as contemplated by T.R. 16(c). In all cases counsel shall
be prepared to indicate to the Court whether the case may be tried
to a jury of six and whether the Judge may conduct all of the voir
dire examination of prospective jurors or the initial voir dire
examination with supplemental inquiry by counsel.

209.5. Completion of Discovery. In cases in which a preliminary pre-trial

conference has been held under Rule 12(b), discovery shall be
made in accordance with the scheduling thereof then ordered. In
cases in which no preliminary pre-trial conference has been held, all
discovery shall be completed prior to the pre-trial conference and no
discovery shall be conducted thereafter unless, upon motion or
stipulation showing good cause therefore, an order is entered
permitting further discovery within time to be prescribed by the Court.

209.6. Pre-trial Readiness Conference. At least ten (10) days prior to trial,
the Court may set a Readiness Conference. In addition to each

Page 46 Effective January 1, 2010

 party proceeding pro se and counsel for each of the parties, the
Court may order that one or more of the parties themselves attend
the Readiness Conference. The purpose of the Readiness
Conference is to simplify the issues anticipated at trial, and the
Conference will include a determination of the parties’ readiness to
proceed to trial, the progress of the parties in obtaining stipulations
of fact and authenticity of exhibits and, if appropriate, the willingness
of the parties to waive jury trial. Where the parties have filed a
written stipulation signed by all parties addressing these issues and
confirming the trial date, the Court in its discretion may vacate the
Readiness Conference.

209.7. Attendance by Trial Counsel Required. Unless otherwise directed

by the Court, each pre-trial conference shall be attended without
exception by any party proceeding pro se and at least one of the
attorneys for each of the parties who will participate in the trial of the
case and who shall be authorized to deal comprehensively with all
subjects on the agenda. With prior approval of the presiding Judge,
an attorney may appear telephonically. Sanctions for failure to
comply with this rule shall be deemed appropriate.

209.8. Failure to Attend. Failure to attend and adequately participate in

pre-trial conferences as intended by T.R. 16 may result in
reassignment of the cause to the bottom of the appropriate
assignment list, issuing an order pursuant to T.R. 41(E), and/or the
imposition of appropriate sanctions.

209.9. Setting for Trial. Civil cases may be set for trial at the pre-trial
conference or as otherwise directed by the assigned Judge.

Page 47 Effective January 1, 2010

Rule LR71-TR39-210. Scheduling Trials.
210.1. Trial Settings. All cases scheduled for trial shall be ready for trial
on the date scheduled unless otherwise directed by the Court.
Where multiple trials are set on one day, all trial settings shall be
considered first settings and the parties shall be ready for trial on the
date scheduled unless the parties have been advised of a notice of
priority as described in Rule 210.2 below.

210.2. Notice of Priority. At the time of setting the case for trial, upon
motion of either party and for good cause shown, the Court may
order that the parties are entitled to notice of priority. Where notice
of priority has been ordered for multiple trials set on the same day,
the case assigned a second setting shall stand for trial if the parties
are given forty-eight (48) hours prior notice and cases assigned a
third subsequent setting shall stand for trial if the parties are given
seven (7) days notice.

210.3. Continuances. All motions for continuances shall be in writing and

shall set forth specifically the grounds asserted for such motion.
Unless otherwise directed or excused by the Court, all attorneys of
record and parties proceeding pro se shall appear before the Court
on the date of the trial setting. The Court may assign a new trial
setting on the date of the original trial setting, or on the date a
continuance is granted, or as otherwise directed by the Court.

210.4. Imposition of Costs for Late Settlement. If a civil case is settled

less than forty-eight (48) hours prior to the time it is scheduled for

Page 48 Effective January 1, 2010

 trial, or is settled after 10:00 a.m. on the Friday prior to a Monday
trial setting (or a Tuesday setting if the intervening Monday is a legal
holiday), any costs incurred by the Court as a result of the late
settlement of the case shall be divided evenly among the parties and
ordered to be paid by them.

Rule LR71-TR47-211. Jurors.

211.1. Jury Lists. The Court will maintain lists of petit jurors who are
subject to call during any session of the Court’s calendar year term.
Such juror lists will contain brief biographical data concerning each
member of the panel. Prior to trial, the Judge will provide counsel
with a list of the petit jurors called for the trial of that particular case,
juror biographical data, and a juror seating chart. Juror lists and
biographical information shall be confidential.

211.2. Alternate Jurors. By agreement of the parties or on order of the

Court, alternative jurors may be selected and seated, selection
thereof to be made after the jury itself has been selected. All jurors,
both regular and alternate, shall be sworn as a panel. The parties
may also agree to waive the selection of alternate jurors.

211.3. Special Venire. The Court may call a special venire as provided by
statute.

211.4. Voir Dire Examination. The Court may conduct the entire voir dire
examination of prospective jurors or may permit counsel to do so.
The Court shall conduct such portion of the voir dire examination as
the parties shall stipulate. If the Court conducts the entire

Page 49 Effective January 1, 2010

 examination, counsel shall be given an opportunity to suggest
supplemental questions or lines of inquiry. Further voir dire
examination shall be conducted pursuant to the Indiana Jury Rules.

211.5. Passing and Acceptance of Jurors. Unless otherwise approved or

directed by the Court, the one pass rule shall be followed; that is,
the passing of an individual juror following the voir dire examination
of a panel of prospective jurors of which that juror was a member
shall constitute an acceptance of that juror by the party so passing.
Challenges shall be made at the bench outside the hearing of the
prospective jurors and may be made by use of slips of paper of
uniform size or as otherwise directed by the Court.

Rule LR71-TR51-212. Trial Procedures.

212.1. Exhibits.
212.1.1. Marking in Advance. All exhibits shall be marked in
advance of trial or during recesses in the trial in accordance
with the practice of the court reporter so that the trial is not
delayed for the marking of exhibits.
212.1.2. Custody of Court Reporter. After being marked for
identification and offered into evidence, whether or not
admitted into evidence, all exhibits and proposed exhibits
necessary to the record on appeal shall be placed in the
custody of the Official Court Reporter who shall be
responsible for their safekeeping until otherwise ordered by
the Judge.
212.1.3. Return to Parties. Any model, diagram, exhibit, or
proposed exhibit shall be returned to the party offering it upon

Page 50 Effective January 1, 2010

 request to the reporter after the time for appeal has elapsed
or the possibility of further appeal is exhausted, unless the
Court otherwise orders.
212.1.4. Disposal. Where no request for the return of exhibits or
proposed exhibits is made within ninety (90) days of final
judgment, the same may be disposed of by the reporter as
the Court may direct.

212.2. Instructions Requested at Commencement of Trial. All requests for

special instructions tendered in accordance with T.R. 51 shall be
submitted to the Court not later than the commencement of the trial
or in advance of trial if ordered by the Court. The Court shall, in the
interests of justice, permit the tender of additional instructions during
the trial on matters which could not have been reasonably anticipated
in advance of trial. Requests for special instructions shall contain
citations to supporting authorities. Instructions shall be exchanged by
counsel as directed by the Court.

212.3. Objections to Admissibility of Evidence. All objections to the

admissibility of evidence or to procedure during trial shall be made at
the bench in sidebar conference outside the hearing of the jury.

Rule LR71-TR77-213. Proposed Orders.

213.1. Matters in Which Proposed Orders Required. Prior to entry by the
Court of orders granting motions or applications, the moving party or
applicant (or his or her attorney) shall, unless the Court directs
otherwise, furnish the Court with proposed orders in the following
matters:

Page 51 Effective January 1, 2010

 (1) enlargement of time;
(2) continuance;
(3) default judgment;
(4) compel discovery;
(5) dismissal;
(6) appointment of receiver;
(7) appointment of guardian;
(8) restraining order, temporary, or permanent injunction;
(9) immediate possession of real estate;
(10) immediate possession of personal property;
(11) findings of fact and conclusions of law;
(12) petition for certification of interlocutory appeals;
(13) staying further proceedings by reason of bankruptcy,
appeal, or other cognizable grounds;
(14) withdrawal of appearance of counsel;
(15) such other orders, judgments, or decrees as the Court
may direct.
Unless otherwise directed by the Court as provided by Rule 213.5
below, this rule does not apply to judgments on general verdicts of
the jury, to judgments rendered following trial to the bench, or to
matters taken under advisement by a Court.

213.2. Form of Proposed Order. Any proposed order shall be a document

that is separate and apart from the motion or application to which it
relates and shall contain a caption showing the name of the court,
the case number assigned to the case, and the title of the case as
shown by the complaint pursuant to Rule LR71-AR8-201. If there
are multiple parties, the title may be shortened to include only the
first name plaintiff and defendant with appropriate indication that

Page 52 Effective January 1, 2010

 there are additional parties. The proposed order shall be on white
paper, 8 ½” x 11” in size, and each page shall be numbered. The
last page of the proposed order shall contain a line for the date,
either “Dated _____” or “Signed on the date filemarked hereon.” On
the last page there also shall be a line for the signature of the Judge
under which shall be typed “Judge, St. Joseph [Circuit or Superior or
Probate] Court.” If the proposed order contains a recommendation
from a Magistrate, the last page shall have a line for the signature of
the Magistrate under which shall be typed “Magistrate, St. Joseph
[Circuit or Superior or Probate] Court,” to the left of which shall be
the following, “So Recommended:” and beneath and to the left of
which shall be typed, “Approved. So Ordered.” To allow compliance
with the notice requirements of Rule 72(D), Indiana Rules of Trial
Procedure, the lower four (4) inches of the last page of the
proposed order shall be left blank. The proposed order shall also
include a prepared proof of notice under T.R. 72(D), and in
preparing such a notice the filing party shall complete all portions of
the prepared proof of notice.

213.3. Copies. All proposed orders shall be submitted in an original plus a

number of copies equal to one more than the number of pro se
parties and attorneys of record contained in the prepared proof of
notice under T.R. 72(D) required above.

213.4. Proposed Orders on Motions for Summary Judgment. The Court

may require that the attorney for the prevailing party prepare a form
of order on a motion for summary judgment in accordance with the
provisions of T.R. 56. A proposed order on a motion for summary
judgment may contain the language called for in T.R. 56(C) that

Page 53 Effective January 1, 2010

 there is not just reason for delay and directs entry of final judgment
as to less than all the issues, claims, or parties.

213.5. Orders Following Other Hearings. As directed by the Court, a party

or an attorney for a party shall prepare a proposed order based on
the decision rendered by the Court. The party so directed shall
prepare the proposed order in a timely manner and, upon filing, shall
advise the chambers of the applicable judge that the proposed order
has been prepared and filed. Unless otherwise directed or given
leave of the Court, proposed Orders in emergency matters shall be
filed within forty-eight (48) hours after a hearing; proposed Orders in
other matters shall be filed within seven (7) days as computed by
Ind. Trial Rule 6.

Rule LR71-TR53.1-214. Matters Under Advisement.

214.1. Judges. Each Judge will endeavor to rule promptly on all matters
submitted for his or her determination. However, if ruling is reserved
in a matter and a decision has not been received by counsel or a
party proceeding pro se as the times fixed by Indiana Trial Rules
53.1, 53.2, 53.3, and 53.4 approach, counsel or the pro se party
are encouraged and invited to contact the chambers of the
appropriate Judge and remind him or her of the approaching
deadline.

214.2. Magistrates. Where a magistrate has been assigned issue

recommendation in a pending matter, and a decision has not been
received by counsel or a party proceeding pro se as the times fixed
by Indiana Trial Rules 53.1, 53.2, 53.3, and 53.4 approach, counsel

Page 54 Effective January 1, 2010

 or the pro se party are encouraged and invited to contact the
chambers of the assigned magistrate and remind him or her of the
approaching deadline. In the alternative, counsel or the pro se party
are invited to contact the chambers of the regularly presiding Judge
of the Circuit Court or Probate Court, or Chief Judge of the Superior
Court, as appropriate.

Rule LR71-TR76-215. Change of Venue.

215.1. Payment of Transfer Fee. When a change of venue from the
County is granted, all accrued costs and the fee for transfer must be
paid to the Clerk by the moving party within ten (10) days after the
transfer order is entered.

215.2. Failure to Pay Fee. In the absence of such payment, the movant
will be deemed to have abandoned the motion so the Clerk will not
perfect the change, the cause will be restored to the docket of this
Court, and this Court shall resume general jurisdiction of the cause in
accordance with T.R. 76.

Rule LR71-TR79(H)-216. Special Judge Selection.

216.1. Naming a Panel. When a panel of Judges is to be named under
T.R. 79(H), the Court shall appoint a panel consisting of any three
(3) judicial officers from the Circuit, Superior, or Probate Courts,
unless a statute, rule, or special circumstance requires a panel to be
named in another manner.

Page 55 Effective January 1, 2010

216.2. Strikes. Each party shall be afforded an opportunity to strike from
the panel so named. The moving party shall strike within seven (7)
days from the time the Clerk mails the panel or the Court notifies the
moving party of the panel in open court. The nonmoving party or
the Clerk in an ex parte proceeding shall strike within seven (7)
days from the date of the first strike.

216.3. Failure to Strike. Failure of a moving party, a nonmoving party, or

the Clerk to strike shall be treated as provided in T.R. 79(F).

216.4. Failure of Special Judge to Appear and Qualify. In the event a

Special Judge fails to appear and qualify after being assigned a
case, the case shall return to the regularly presiding judge for the
appointment of another panel as outlined in Rule 216.1 above.

216.5. Discontinuation of Service as Special Judge. In the event a special

judge who has assumed jurisdiction thereafter fails to act or notifies
the parties that he or she no longer can serve as special judge, the
regularly presiding judge of the court where the case is pending shall
assume jurisdiction, provided such judge has not previously served in
the case and is otherwise eligible to serve. If the regularly presiding
judge cannot assume jurisdiction under this section, and the parties
have not stipulated to the appointment of a successor under T.R.
769(D), the regularly presiding judge may name a panel as provided
by Rule 216.1 above or may refer this case to the Indiana Supreme
Court for appointment of a Special Judge.

Page 56 Effective January 1, 2010

Rule LR71-TR63-217. Senior Judges, Temporary Judges, and Judges Pro
Tempore.
All routine appointments of Senior Judges, Temporary Judges, and Judges
Pro Tempore shall be made by the Judge of the Circuit Court or the Probate Court,
or the Chief Judge of the Superior Court.

Rule LR71-AP9-218. Appellate Records.

When an appeal is initiated by the filing of a Notice of Appeal pursuant to
Appellate Rule 2, Indiana Rules of Appellate Procedure, and a transcript of all or
any part of the evidence is sought for the record on appeal, the party or counsel
filing the Notice shall contemporaneously personally deliver a copy of the Notice to
the court reporter, shall advise the reporter of the deadline for preparation of the
record, and shall arrange to pay the reporter for the preparation of the transcript.

Rule LR71-TR69-219. Proceedings Supplemental; Other Collection Remedies.

219.1. Post-Judgment Proceedings. Post-judgment proceedings shall not
be instituted until ten (10) calendar days have elapsed since the
entry of a final decree or judgment in the records of the Clerk of the
Court. The Court may waive this requirement where it is shown that
a party will be unduly harmed by its enforcement or where a rule of
court or statute specifically provides otherwise.

219.2. Notification of Appearance; Local Counsel. If at the time of filing of

a proceedings supplemental or any time thereafter, counsel for the
moving party or a party proceeding pro se determines that he or she
will not attend the hearing in person, the counsel or the moving party
shall notify the Court in writing of the substitute or local counsel who

Page 57 Effective January 1, 2010

 will be in attendance at the hearing. Failure to comply with these
notification procedures may be enforced by direct contempt of court.

219.3. Special Post-Judgment Procedures. Unless an emergency or other

good cause is shown, any party filing for an extraordinary collection
remedy (account freeze, employment information, garnishment) shall
have filed previously a proceedings supplemental and interrogatories
responses, as appropriate.

219.4. Penalties for Failure to Comply. Unless good cause is shown, the
failure of counsel or a moving party to comply with this rule or to
appear for a scheduled hearing on proceedings supplemental may be
enforced by contempt of court, and may result in a monetary fine or
other appropriate penalty.

Page 58 Effective January 1, 2010

 Appendix A to Local Civil Rules, 200 Series

NOTICE REGARDING MORTGAGE FORECLOSURE

GET HELP. GET HOPE.

FROM THE

INDIANA HOUSING & COMMUNITY DEVELOPMENT AUTHORITY

AND ITS

INDIANA FORECLOSURE PREVENTION NETWORK

Your mortgage lender has filed to foreclose on your home. According to Indiana law, you may be entitled to
a court-ordered settlement conference. This provides an opportunity for you and your lender to negotiate a
“foreclosure prevention agreement” that may allow you to keep your home.

If you want to take advantage of this right, you must notify the Court of your intention no more than 30
days after this Notice was served. You may, but are not required to, notify the Court by signing this Notice where
indicated and mailing or delivering it to the appropriate Court at either 101 S. Main Street, South Bend, IN 46601 or
219 Lincolnway West, Mishawaka, IN 46544, as indicated on the Summons. You should also send a copy of the
signed Notice to the lender’s attorney at the address shown in the Summons.

If you choose to participate in a settlement conference, the Court will schedule it to take place at least 25
days, but no more than 60 days after the date of this Notice. You have the right to be represented by an attorney or
assisted by a mortgage foreclosure counselor, either in person or by telephone, at the settlement conference.

We urge you to contact the Indiana Foreclosure Prevention Network (the “Network”) to assist you in this
process. The Network will help you find a foreclosure prevention counselor and/or an attorney who is knowledgeable
in the foreclosure process. This is a free and confidential service that is provided by the State of Indiana and
coordinated by the Indiana Housing and Community Development Authority. You can reach the Network by calling 1-
877-GET-HOPE (1-877-438-4673) or by visiting www.877GetHope.org.

Page 59 Effective January 1, 2010

 Mortgage foreclosure is a complex process. People may approach you about “saving” your home. You should
be careful about any such promises, especially if you are asked to pay for their services. If you believe that you
have been a victim of a “foreclosure rescue scam,” you should contact the Office of the Attorney General’s Home
Owner Protection Unit by calling 1-800-382-5516.

Date of Notice: ________________________________________________________

************************************************************************************************************
I want to participate in a foreclosure prevention settlement conference:

Sign Here: _______________________________________________________________________

Printed Name: ___________________________________________________________________

Date Signed: _____________________________________________________________________

Case No. ______________________________________________(please insert # from Complaint)

Developed and prescribed by IHCDA as required by P.L. 105-2009r (St. Joseph County Version, 8/1/2009)

Page 60 Effective January 1, 2010

 Appendix B to Local Civil Rules, 200 Series

NOTICE REGARDING SUMMARY JUDGMENT MOTION

READ THIS NOTICE AND THE ENCLOSED PAPERS – A MOTION FOR SUMMARY
JUDGMENT HAS BEEN FILED AND, IF UNOPPOSED, THIS MOTION MAY RESULT IN
JUDGMENT BEING ENTERED AGAINST YOU WITHOUT A HEARING OR TRIAL.

The Courts of St. Joseph County, Indiana require that this notice be sent to you about the motion
for summary judgment that was filed by the opposing party. This notice does not contain legal
advice, but does provide important information about your legal options. Please read it carefully.

The opposing party has filed a motion for summary judgment pursuant to Indiana Trial Rule 56(C).
The motion alleges that the facts are not in dispute and the Court can rule as a matter of law. The
motion asks the Court to enter judgment in favor of the opposing party without a trial.

As you are not represented by counsel, you are hereby advised of your obligation to respond to the
summary judgment motion. Your previous answer, denial or even counter-claim in response to the
original complaint is not sufficient to defend a motion for summary judgment. Unless you submit
your own affidavits (or other documentary evidence) or a response that specifically identifies
information within the existing court records that contradict the factual assertions of the evidence
designated in the motion for summary judgment and supporting materials, any factual assertions in
our motion and supporting documentation will be accepted by the Court as true. In essence, your
failure to respond to the pending motion for summary judgment would be equivalent to failing to
present any evidence in your favor at a trial.

If you wish to file a response to the motion, the Court must receive your response within thirty-three
(33) days after your opponent’s motion was mailed to you. Failure to meet this timeframe will
result in the Court being unable to consider your response or any attachments thereto.

Either party may request a court hearing on the summary judgment motion. A written request for a
hearing must be received by the Court no later than ten (10) days after the response was filed or is
due. The hearing will not be a trial, and neither party will be able to present evidence at the

Page 61 Effective January 1, 2010

hearing. However, either party may make legal argument and refer to the evidence designated with
the summary judgment motion or with any response. If no request for a hearing is filed with the
Court, the Court may decide the motion without a hearing based on the affidavits and documents
filed by the parties.

Any response or request for hearing must be served (or mailed) on the attorney for the opposing
party. A response (or other pleading) filed with the Court must include a statement that you have
complied with this requirement. Your statement may be in the following form: “I delivered a copy of
this response to (Attorney Name) by United States Mail on this ___ day of ________, 20____.”

As with any legal matter, you may wish to consult with and/or retain an attorney to represent you in
this lawsuit and to assist you in responding to our motion for summary judgment.

[If appropriate under the Federal Fair Debt Collection Act, the following identifying information should be included:
Notice:
Notice Provided by:
Attorney Name
Law Firm (if any)
Address
Telephone Number
Our Law Firm is a debt collector. This Notice is provided as part of an attempt to collect a debt, and any information
obtained by us will be used for that purpose. As we represent an opposing party, we cannot provide you with legal advice.]

Page 62 Effective January 1, 2010

LOCAL CRIMINAL RULES FOR ST. JOSEPH COUNTY (300
SERIES)

Rule LR71-CR00-301. Criminal Cases.

301.1. Intent of the Local Criminal Rules. Criminal cases shall be
governed by this rule which is adopted to conserve the time of Court
and counsel and to expedite and assure the disposition of criminal
cases within the constraints imposed by C.R. 4 and is intended to
provide a routine procedure for the advancement of cases from filing
to disposition.

301.2. Balancing of Interests. The legitimate interests of all civil litigants

and the prompt and orderly dispatch of all civil litigation in the Circuit
Court will be given preference subject only to such priority of
disposition as is from time to time required for criminal cases by
applicable rules of Indiana Trial Procedure, rules of the Indiana
Supreme Court, and the requirements of the Constitutions of the
United States and the State of Indiana to preserve to criminal case
defendants all rights thereby conferred or guaranteed.

Rule LR71-CR21-302. Application of Local Rules.

The local administrative and trial rules shall apply to all criminal proceedings
so far as they are not in conflict with any specific local rule adopted for the conduct
of criminal proceedings, which are enumerated hereafter.

Page 63 Effective January 1, 2010

Rule LR71-CR2.2-303. Assignment of Criminal Cases.
303.1. Grand Jury Proceedings and Indictments. The Circuit Court shall
call and conduct all Grand Jury proceedings. Except as provided in
Rule 303.2 below, indictments issued by the Grand Jury shall be
filed on a random basis in equal numbers between the Circuit and
Superior Courts.

303.2. Felony Nonsupport and Welfare Fraud. All criminal proceedings,

whether by information, indictment, or by transfer from another
county, alleging violation of I.C. 35-43-5-7 (welfare fraud), I.C. 35-
43-5-7.1 (Medicaid fraud), I.C. 35-43-5-7.2 (children’s health
insurance fraud), or I.C. 35-46-1-5 (nonsupport of a dependant
child), shall be assigned to the Circuit Court. To effectuate caseload
balancing and judicial economy, other criminal proceedings may be
assigned to the Circuit Court by written order signed by the Judge of
the Circuit Court and the Chief Judge of Superior Court.

303.3. Other Criminal Proceedings. This Rule applies to all criminal cases
filed with the Superior Court, whether initiated by information,
indictment (pursuant to Local Rule 302.1), or by transfer from
another county. Pursuant to Rule 2.2, Indiana Rules of Criminal
Procedure, criminal felony and misdemeanor cases filed in the
Superior Court will be assigned as follows:
(1) Misdemeanor cases will not be assigned to a particular
Judge (except as provided in Local Rule 107, but rather
shall be heard by the judicial officer then sitting in the
Traffic and Misdemeanor division of the court on the date
such misdemeanor is to be heard.

Page 64 Effective January 1, 2010

(2) Each of the Judges of the court shall be assigned by the
Chief Judge, responsibility for the finding of probable cause
in new criminal felony and misdemeanor filings.
(3) Upon the finding of probable cause on a felony charge, the
prosecutor shall submit to the clerk of the court the
charges and court’s finding of probable cause. The clerk
shall not assign a Judge or cause number to any new
criminal felony filings in advance of a judicial finding of
probable cause. Further, in the event that the prosecuting
attorney shall elect to file a case and request that the clerk
issue a summons, without first submitting the case for a
finding of probable cause, or after a finding of no probable
cause, the clerk shall assign the case as provided herein.
(4) The clerk shall, upon filing, whether by indictment or
information, randomly assign, by computer, all criminal
felony cases to the Judges of the criminal division. Should
there be a Drug Treatment Court established pursuant to
Local Rule 109.2 herein, all cases assigned to that Court
shall be done in accordance with an assignment order
entered by the Chief Judge. The Chief Judge shall
thereafter have authority to transfer such felonies to other
Judges of the court, so as to comply with Rule LR71-AR1-
107, that being the Local Caseload Plan for St. Joseph
County.
(5) Notwithstanding the subparagraph above, the Chief Judge
may reassign a case to any other Judge of the court as
may be determined to be in the best interests of the court
pursuant to Rule LR71-AR00-7(B), herein.

Page 65 Effective January 1, 2010

 (6) Any dismissed felony charges shall, if re-filed, be assigned
to the original Judge, notwithstanding paragraph (4) above.
(7) Upon a change of Judge under C.R. 12, the case shall be
reassigned pursuant to C.R. 13. In the event that sufficient
criminal division Judges are not available, Judges assigned
to the civil division shall be available for assignment to the
case.
(8) Notwithstanding subparagraphs four (4) and five (5)
above, if a case is randomly assigned to a Judge of this
court at the time when there is already pending before
another Judge of the court another criminal felony against
the same defendant, the later filed felony case(s) may be
transferred to the Judge of the earliest assigned and
pending case. Cases involving co-defendants or multiple
cases pending against a defendant may be reassigned by
the Chief Judge, pursuant to Rule LR71-AR00-7(B) herein
so that one Judge is assigned all such cases.
(9) Where a petition to revoke probation is filed alleging the
commission of a new felony and the new felony crime is
pending in this court, the petition may be transferred to the
Judge to whom the new felony is assigned.

Rule LR71-CR00-304. Appearance and Presence of Defendants.

304.1. Personal Presence of Defendants. All defendants shall be present
in Court at every stage of the proceedings conducted in open Court.
All defendants shall be personally present at every stage of the
proceedings including hearing on motions.

Page 66 Effective January 1, 2010

Rule LR71-CR00-305. Discovery.
305.1. Motions and Orders.
305.1.1. Automatic Order to Produce. At the initial hearing or at
any time thereafter, the Court will automatically order the
State to disclose and furnish all relevant items and information
under this rule to the defendants within fifteen (15) days from
the date of the initial hearing, subject to Constitutional
limitations and protective orders. Likewise, the Court will
order the defendant(s) to provide the State with discovery
within thirty (30) days of the initial hearing or other date
specified by the Court.
305.1.2. Discovery Production and Certification. At the time of
production of discoverable material by either of the parties,
the producing party shall in writing enumerate all material
produced and shall certify to the Court in writing that it
comprises all discoverable material then available and the
party to whom it is supplied shall acknowledge receipt thereof
in writing to be filed with the Court.
305.1.3. Written Motion. No written motion is required, except:
(1) To compel compliance under this Rule;
(2) For additional discovery not covered under this Rule;
(3) For a protective order; or
(4) For an extension of time.

305.2. Discovery Deadlines. All discovery shall be completed by the

Omnibus date unless extended for good cause shown. However, the
parties shall have a continuing obligation to disclose evidence and
discovery required by these rules or by law.

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305.3. Notice Required. Each side, within the time allowed for compliance
with discovery under this Rule, shall provide the other with notice of
its intent to introduce evidence pursuant to Indiana Rule of Evidence
404(b), 609(b), or any other Rule which requires notices as a
prerequisite to the admission of evidence.

305.4. Waiver. Although each side has a right to full discovery under this
Rule, each side has a corresponding duty to seek out discovery.
Failure to do so may result in the waiver of this right.

305.5. State’s Disclosure. The State shall disclose the following material
and information within its possession or control:
(1) The names and last known addresses of persons whom
the State intends to call as witnesses, with their relevant
written or recorded statements;
(2) 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;
(3) A transcript of those portions of grand jury minutes
containing testimony of persons whom the prosecuting
attorney intends to call as witnesses at the hearing or trial;
(4) 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;
(5) Any books, papers, documents, photographs, or tangible
objects that the prosecuting attorney intends to use in the

Page 68 Effective January 1, 2010

 hearing or trial or which were obtained from or belong to
the accused;
(6) Any record of prior criminal convictions that may be used
for impeachment of the persons whom the State intends to
call as witnesses at the hearing or trial;
(7) Any police reports concerning the investigation of the crime
or crimes with which the defendant is charged.
The State shall also disclose to defense counsel any material or
information within its possession or control that tends to negate the
guilt of the accused as to the offense charged or would tend to
reduce the punishment therefore. The State may perform these
obligations in any manner mutually agreeable to the prosecutor and
defense counsel.

305.6. Defendant’s Disclosure. Defendant’s counsel shall furnish the State

with the following material and information within his/her possession
or control:
(1) Any defense that he/she intends to make at a hearing
or trial;
(2) The names and last known addresses of persons
he/she intends to call as witnesses, with their relevant
written or recorded statements and any record of prior
criminal convictions known to him/her;
(3) Any books, papers, documents, photographs, or
tangible objects he/she intends to use as evidence;
(4) Medical, scientific, or expert witness evaluations,
statements, reports, or testimony that may be used at a
hearing or trial.

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 After the formal charge has been filed, upon written motion by the
State, the Court may require the accused, among other things, to:
(1) Appear in a lineup;
(2) Speak for identification by witnesses to an offense;
(3) Be fingerprinted;
(4) Pose for photographs not involving re-enactment of a
scene;
(5) Try on articles of clothing;
(6) Allow the taking of specimens of material from under
his/her fingernails;
(7) Allow the taking of samples of his/her blood, hair, and
other materials of his/her body that involve no
unreasonable intrusion;
(8) Provide a sample of his/her handwriting;
(9) Submit to a reasonable physical or medical inspection
of his/her body.
Whenever the personal appearance of the accused is required for
the foregoing purposes, reasonable notice of the time and place of
such appearance shall be given by the State to the accused and
his/her counsel, who shall have the right to be present. Provision
may be made for appearances for such purposes in an order
admitting the accused to bail or providing for his/her release.

305.7. Additions, Limitations, and Protective Orders.

305.7.1. Discretionary Disclosures. Upon a showing of materiality
to the preparation of the defense, and if the request is
reasonable, the court, in its discretion, may require disclosure
to defense counsel of relevant material and information not
covered by this Rule.

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 305.7.2. Denial of Disclosure. The court may deny disclosure
authorized by this Rule if it finds that there is a substantial
risk to any person of physical harm, intimidation, bribery,
economic reprisals, or unnecessary annoyance or
embarrassment resulting from such disclosure to counsel.
305.7.3. Matters Not Subject to Disclosure.
305.7.3.1. Work Product. Disclosure hereunder shall not be
required of legal research of 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 staffs, or of defense counsel or his/her
staff.
305.7.3.2. Informants. Disclosure of an informant’s identity
shall not be required where there is a paramount
interest in non-disclosure and a failure to disclose
will not infringe the Constitutional rights of the
accused. Disclosure shall not be denied hereunder
of the identity of witnesses to be produced at a
hearing or trial.
305.7.4. Protective Orders. Either side may apply for a protective
order for non-disclosure of requested discovery.

Rule LR71-CR00-306. Dispositive Motions, Motions to Suppress, Other Motions.

306.1. Motions to be in Writing. Unless a party has prior, written leave of
Court, all pre-trial motions shall be filed in writing with adequate
notice provided to opposing counsel and to the Court.

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 306.2. Hearings on Motions. The court will not ordinarily set for hearing
any motion to dismiss, motion to suppress, motion in limine (where
the grounds therefore are known prior to trial), or other such
dispositive motion, unless the motion contains a factual explanation
as to why the granting of such is appropriate and is accompanied by
a sufficient memorandum of law. Such motions, filed after the
omnibus date, may not be given a hearing prior to trial.

Rule LR71-CR00-307. Plea Agreement Deadlines.

307.1. Plea Agreement Date – Felony Cases. In all criminal prosecutions,
the Judge may assign a date that will serve as the plea bargain
deadline date. The Judge may also assign a record date, trial date,
and other dates as may be appropriate. If the parties have not
reached a plea agreement by the omnibus date, the court may hold
a pre-trial conference as early as that day.

307.2. Plea Agreement Date – Traffic and Misdemeanor Division. The

judicial officer presiding over criminal prosecutions in the Traffic &
Misdemeanor Division may assign an omnibus date, record date, trial
date, and other dates as may be appropriate. If the parties have no
plea agreement, the court may hold a pre-trial conference on the
plea agreement deadline date.

Rule LR71-CR00-308. Miscellaneous Criminal Rules.

308.1. Determination of Probable Cause. In the even that any charging
instrument, search warrant, subpoena, or other document, the
issuance of which requires a finding of probable cause, or similar

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 factual and legal finding, shall be submitted to a judge and that judge
finds that no probable cause exists or that the submission is in any
other way insufficient, any re-submission shall be made to the
original judge, unless the original judge agrees that it may be
submitted to another judge for his or her consideration.

308.2. Dismissal. Any dismissed felony shall be assigned to the original

Judge if re-filed, notwithstanding any other assignment rule herein.

308.3. Bond Schedule. Each of the Courts, individually or in concert, may

establish a presumptive bond schedule for criminal cases. The
schedule is attached hereto as Appendix A.

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APPENDIX A TO LOCAL CRIMINAL RULES, 300 SERIES

PRESUMPTIVE BOND SCHEDULE

FOR COURTS IN ST. JOSEPH COUNTY, INDIANA

Offense Bond Amount

Murder None

Attempted Murder $100,000/$10,000

A felony $50,000/$5,000

B felony – crimes of violence $50,000/$5,000

B felony – dealing drugs (except $50,000/$5,000

“possession with intent”)

B felony $30,000/$3,000

C felony – crimes of violence $30,000/$3,000

C felony – dealing drugs (except $30,000/$3,000

“possession with intent”)

C felony $10,000/$1,000

D felony – crimes of violence & $10,000/$1,000

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 stalking, intimidation,
invasion of privacy

D felony – DUI & Drug Cases $7,500/$750

D felony $5,000/$500

A misdemeanor – DV battery, invasion $5,000/$500

of privacy, intimidation
& DUI (A & C misdemeanor)

A misdemeanor $250, cash

B misdemeanor $150, cash

C misdemeanor $150, cash

Page 75 Effective January 1, 2010

LOCAL RULES FOR FAMILY COURT AND ORDERS OF
PROTECTION FOR ST. JOSEPH COUNTY (400 SERIES)

Rule LR71-FL00-401. Domestic Relations Authority.

These rules are adopted pursuant to the authority of T.R. 81, Indiana Rules
of Trial Procedure, and are intended to supplement those rules. These rules shall
govern the practice and procedure in all domestic relations cases in the St. Joseph
Circuit, Superior, and Probate Courts and are created to serve the healthy and
child-sensitive functioning of families. “Family cases” are defined as all pending
marital dissolution cases (including all cases arising out of the marital relationship),
and all paternity, and guardianship matters.

Rule LR71-FL00-402. Case Captioning.

Parents in marital dissolution, separation, and paternity cases will either not
be captioned or designated only as “Petitioner” or “Respondent.”
All pleadings in marital dissolution and separation cases in which the parties
have one or more children under the age of twenty-two (22) on the date of the
initial filing will be captioned, “In Re the Marriage of _______, Petitioner (Father or
Mother), and ________, Respondent (Mother or Father)”
All pleadings in marital dissolution and separation cases without children will
be captioned, “In Re the Marriage of ________, Petitioner, and ________,
Respondent.”
Parties in paternity cases will be captioned as required by statute.

Rule LR71-FL00-403. Family Cases Involving Unemancipated Children.

403.1. Contested Matters.
403.1.1. Referrals for Investigation and Report. A Court may refer
contested matters involving child custody and parenting to the

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 Domestic Relations Counseling Bureau (DRCB) or another
service provider for screening, investigation, and/or report. A
referral may be made prior to hearing, both before and after a
final decree, on motion of either party with the consent of the
Court, or on the Court’s own motion.
403.1.2. Definition. “Contested matters,” for purposes of this rule,
shall include issues involving child custody and parenting time,
which may exist both before and after the entry of a final
decree.
403.1.3. Cooperation of Parties. The parties to contested matters
shall meet, and cooperate, with the DRCB or other service
provider as required.
403.1.4. DRCB Referrals. Upon referral, the DRCB may
recommend either that the parties be referred for interventions
(such as mediation, counseling, or case management), or that
the parties proceed to an investigation and evaluation. Unless
otherwise order by the Court, a DRCB investigation and
evaluation of contested matters involving child custody and
parenting time will not be conducted by the DRCB unless the
above-mentioned interventions have failed or are found to be
inadequate to protect the physical safety or emotional well-
being of a minor child.
403.1.5. DRCB Reports. The DRCB shall report to the Court on
all contested matters referred to its attention. The DRCB
shall file its original report with the Court, which shall
distribute copies to counsel or to a party no represented by
counsel.
403.1.6. Confidentiality of DRCB Records. The records and
reports of the DRCB contain information of a private and

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 personal nature, and the release of that information, without
court approval and supervision, could result in intentional
mischief or unintentional injury to the parties, their children or
relatives. As such, the records and reports of the DRCB are
confidential, and that any and all access to the notes, records,
or reports of the DRCB shall by allowed only by order of the
Court that has jurisdiction over the relevant parties and cause
of action.

403.2. Uncontested Matters. The parents of unemancipated children are

encouraged to develop a parenting plan that is mutually acceptable
to the parents and their children. Where practicable and appropriate
for all concerned, the Court shall give due consideration to
agreements between parents.

Rule LR71-FL00-404. Conduct of the Parties and Counsel.

Fault of one or both parties in the breakdown of a marriage is not at issue
in a dissolution of marriage action under Indiana law. At all times, the parties to a
dissolution action and their attorneys are to conduct themselves in a manner
consistent with the Indiana statute. The parties and their counsel may be
sanctioned accordingly for their failure to conduct themselves in a manner which is
consistent with the intent of the Indiana no-fault statute. The Court will not permit
unsolicited argument, name calling, needless accusations, or irrelevant or immaterial
evidence to be submitted at these hearings and may sanction repeated violations of
this rule.

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Rule LR71-FL00-405. Expectations of Attorneys and Parents.
It is expected that attorneys and parents in family cases will conduct
themselves in concert with the courts to serve as co-problem solvers.
It is in the best interest of children that parents and counsel clarify and
pursue the best interests of all family members with particular deference to the
needs and welfare of the children.
It is expected that parents and counsel will pursue all opportunities to
resolve disputes and conflicts before relying on the Court for a determination.
It is expected that parents and counsel will treat one another with courtesy
and respect.
It is expected that counsel will furnish their family clients with a copy of
these rules and assist them in fully understanding and observing both their spirit
and intent.

Rule LR71-FL00-406. Protective Orders; Restraining Orders.

No petition for a protective order or other restraining order of the Court as
defined by I.C. 34-26-5 & 6 shall be accepted for filing or considered by the Court
without three copies of a fully executed Notice of Filing of Protective Order on a
form as prescribed by the Court. Such forms shall be given to the Clerk at the
time of the filing of the request for restraining order or protective order and shall be
utilized by the Clerk of the Court for insuring compliance with all relevant statutes.
Counsel shall be responsible for assuring that the correct police agency receives a
copy of any protective order. Counsel shall be responsible for filing any notice of
termination of protective orders as required by statute.
A Petition for Protective Order filed by a party who has an open dissolution,
separation, or paternity case shall be assigned to the judge handling the dissolution,
separation, or paternity case. A Petition for Protective Order that is filed
contemporaneously with a dissolution, separation, or paternity case shall be

Page 79 Effective January 1, 2010

assigned a separate cause number but shall be assigned to the judge to whom the
dissolution, separation, or paternity case is assigned.
No application for a temporary restraining order not authorized pursuant to
I.C. 34-26-5 or 6 shall issue without strict compliance with the requirements of
T.R. 65.

Rule LR71-FL00-407. Discovery.

407.1. Disclosure by the Parties. Upon the written request of either party
filed not sooner than thirty (30) days after the filing of a petition for
dissolution of marriage, the Court shall enter a reciprocal discovery
order directing each party to provide the other with copies of the
following documents and things within thirty (30) days:
(1) Personal, federal and state, tax returns for three (3) years
preceding the filing of the petition for dissolution of
marriage with all pertinent forms W-2, 1099, K-1 and other
schedules, and the most recent employment pay stub, with
year-to-date gross earnings and written employment
contract(s), if any;
(2) Tax returns and financial statements for five (5) years
preceding the filing of the petition for dissolution of
marriage for all corporations, or partnerships, or other
business entities in which either marital partner has any
ownership or membership interest;
(3) Statements from all banks, brokerage firms, investments
firms, or mutual funds for three (3) months prior to and
including the month in which the petition for dissolution of
marriage is filed in which either marital partner has any
interest, either alone or together with any other person, to

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 include all checking, savings, certificate of deposit, treasury
bills, stocks, bonds, or other forms of intangible assets;
(4) Copy of deed to marital residence, or any other real estate
in which a marital partner has any legal or equitable
interest, whether alone or with others, including but not
limited to any corporate deeds;
(5) Amortization schedule or statement of balance for month in
which the petition for dissolution of marriage was filed for
any mortgage, land contract, or other lien on any real
estate in the name of a marital partner, whether or not the
marital partner has a sole or partial ownership interest;
(6) Copies of appraisals of real estate, or personal property in
which a marital partner holds an interest, prepared within
two (2) years from date of petition for dissolution of
marriage;
(7) Statement of pension, profit sharing, individual retirement
account, ESOP, or other form of tax deferred compensation
plan maintained by or for a marital partner, for the month
in which the petition for dissolution of marriage was filed;
(8) Declaration sheet and schedule of cash value for all
insurance policies owned by or for which any marital
partner is the beneficiary which have a cash surrender
value;
(9) Copies of the most current statements of debt for the three
(3) months preceding and including the month in which the
petition was filed.
Each party shall make his or her initial disclosures based on
information reasonably available to him or her and no party is
excused from making disclosures because he or she has not fully

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 completed his or her investigation of the case or because he or she
challenges the sufficiency of the other party’s disclosure or because
the other party has not made the required disclosure.

407.2. Continuing Duty to Disclose. Duties of disclosure set forth by the

Court’s reciprocal discovery order shall be continuous.
Supplementation shall be required not fewer than ten (10) days prior
to trial showing any changes in the status of assets and debts as of
the month of or one (1) month prior to trial, the most recent of which
documents and things are available.

407.3. Utilization of Indiana Rules of Trial Procedure. The parties may

utilize all remedies available in the Indiana Rules of Trial Procedure
to enforce, modify, or extend the time within which to comply with
the Court’s reciprocal discovery order. The reciprocal discovery
order does not preclude either party from utilizing the provisions
governing requests for discovery provided for in the Indiana Rules of
Trial Procedure to the full extent permitted by said rules.

Rule LR71-FL00-408. Status Conferences.

A status conference may be requested at any time and one may be set by
the Court on its own motion after the filing of the initial petition for dissolution.
The primary purpose of the status conference will be for attorneys and
unrepresented parents to review with the Court the progress being made as it
pertains to the resolution of outstanding issues. Attorneys and parents are
expected to assist by informing the Court of all efforts being made to resolve the
conflicts in order to protect and serve the immediate and long term best interests of
the children.

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 Counsel and parents should be ready to provide to and discuss with the
Court:
(1) The parents most current Parenting Plan Worksheet (PPW). If the
parents have not completed a joint parenting plan, each parent is
expected to prepare and provide his or her own PPW.
(2) A list of community resources the parents could use to assist them in
resolving their parenting issues.
(3) A copy of the parents’ Agreed Commitments from their website work as
provided in Rule LR71-FL00-413.

Rule LR71-FL00-409. Hearings.

409.1. Summary Considerations. Hearings on uncontested petitions for
dissolution, applications for provisional relief, rules to show cause,
petitions to modify, and other matters appropriate for summary
consideration and disposition and uncontested petitions for dissolution
of marriage shall be set for summary disposition on each judicial day
or at other available times upon request as the calendar of the Court
permits. Hearings on contested matters shall be set no earlier than
ten (10) days after the filing of the report of the DRCB, as the
calendar of the Court will permit. Dissolution petitions will not be
considered uncontested if any issue remains unresolved between the
parties.

409.2. Parenting Issues. Motions and pleadings may be filed with the
Court in matters involving parenting time and parenting concerns only
after first having attempted to resolve the issue(s) by reaching
agreements that best serve the interest of all family members with
particular regard to the best interest of the children. Except in

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 instances where it would be dangerous (i.e. past or present domestic
violence; abuse or neglect of children) or otherwise unreasonable to
do so, if both parents are represented by counsel, attorneys are
expected to use personal or telephonic consultation to resolve any
issue before seeking relief from the Court. In that consultation, it is
expected that counsel will cooperate to:
(1) Attempt to resolve the matter(s) at issue;
(2) Discuss the alternative resources (including but not limited
to counseling, mediation, support from the DRCB, etc.) that
could be used to resolve the conflict and foster cooperation
further serving the best interests of the children;
(3) Confirm that the parents have completed their mandatory
website work and attended the co-parenting classes, and
review with them their Agreed Commitments from the
website discussed below in Rule LR71-FL00-413;
(4) Attempt to resolve ongoing conflict by assisting their clients
in the development of, with their clients, a Parenting Plan
(forms are available from the DRCB) to serve all family
members with particular regard for the best interest of the
children.

Rule LR71-FL00-410. Trials and Pre-trial Conferences.

410.1. Trial Settings. A scheduling order, setting for trial, pre-trial
conference, and discovery cut-off dates may be entered by the Court
after the filing of the Petition. Each case in which a trial has been
set must be ready on at least three (3) days’ notice by the Court to
the attorneys of record. Petitions for dissolution will be set by the
Court as early as the Court’s calendar permits. Contested matters

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 that are ready for trial in less time than provided herein may be set
for trial at the request of one or both of the parties as the calendar
of the Court permits. Cases in which request for trial has been
made must be ready on at least three (3) days’ notice by the Court
to the attorneys of record.

410.2. Pre-trial Conferences. On request of any party, a pre-trial

conference shall be set by the Court prior to the trial date. Not
fewer than five (5) days prior to the pre-trial conference, the parties
shall exchange Pre-trial Statements.

410.3. Pre-trial Statements. Pre-trial Statements shall be prepared by each

party prior to the pre-trial conference and shall address the following:
(1) Preliminary Financial Statement, which shall include:
(a) Identification and valuation of assets;
(b) Identification and valuation of liabilities;
(2) Identification of other contested issues, including custody,
parenting time, support, post-secondary educational
assistance, and rehabilitative maintenance;
(3) Preliminary proposal for resolution of contested issues;
(4) The possibility of obtaining admissions of fact and of
documents which will avoid unnecessary proof;
(5) The names of witnesses to be called during the trial and
the general nature of their expected testimony;
(6) Such other matters as may aid in the disposition of the
action.
At the conclusion of the pre-trial conference, the Court shall order the
case to proceed to trial or continue the trial setting and order the

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 parties to mediation if the Court determines mediation will assist in
the resolution of contested matters.

410.4. Trial Submissions. Each party’s final verified financial statement and
contentions must be filed with the Court at least five (5) days before
the date of trial. No case shall be considered ready for trial, or be
tried, unless the report of the DRCB (where appropriate) has been
filed with the Court.

Rule LR71-FL00-411. Mediation.

Contested matters shall be referred to mediation, both before and after a
final decree, on motion of either party with the consent of the Court, or on the
Court’s own motion.

Rule LR71-FL00-412. Child Support Worksheet.

At the time of the hearing in all matters regarding child support issues, the
parties shall file:
(1) A Verified Child Support Worksheet with the Court; and
(2) Such supporting documentation as the Court may require to establish
current income and income earned during the prior tax year, work-related
child care expenses, if any, and the children’s portion of health care
expense.
A party seeking an order for child support shall cause a Notice of Hearing
and Order to Disclose Information, with a Child Support Worksheet, and a copy of
the Petition to be served upon the opposing party in a manner complying with the
Indiana Rules of Civil Procedure. Blank copies of the worksheet may be obtained
from the Clerk.

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Rule LR71-FL00-413. Mandatory Website Work and Co-Parenting Class.
413.1. Co-Parenting Class. In marital dissolution and separation cases,
parents with one or more children under the age of eighteen (18) on
the date of their initial petition shall attend a co-parenting class as
assigned by the DRCB.

413.2. Marital Dissolution and Separation Cases. In marital dissolution

and separation cases, parents with children under the age of
eighteen (18) on the date of their initial petition shall complete the
website work on www.UpToParents.org within thirty (30) days of the
filing of the action. Parents shall submit a copy of “The Conclusion
Page” (which appears as the final page of the website work) to the
DRCB for filing with the Court to verify completion of the website
work. Parents may also file a copy directly with the Clerk of the
Court.

413.3. Paternity Cases. In paternity cases, parents shall attend the co-
parenting class ordered by the Probate Court. Parents in paternity
cases shall complete the website work at www.ProudToParent.org
and take their completed website work to their co-parenting class.

413.4. Website Assistance. Parents may find forms (e.g. parenting plan
worksheet) to develop an agreed parenting plan on the website
www.UpToParents.org. Parents open to the possibility of
reconciliation may wish to substitute the website work from
www.WhileWeHeal.org.

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 413.5. Website Work Brought to Hearing. Parents may be asked by the
Court to bring their completed website work (Exercises and Agreed
Commitments) to any hearing.

Rule LR71-FL00-414. Exchange of Income Information, Post-Decree.

All decrees issued by the Court which provide for the payment of child
support shall include a requirement that the parties exchange not later than April
30th of each alternating year after the year the decree is entered, income
information for the previous tax years, and a copy of the most recent employment
check stub showing year-to-date gross earnings, until such time as all children
whose support is the subject of the decree are emancipated. The income
information to be exchanged shall include personal tax returns with all pertinent
forms, W-2, 1099, K-1, and other schedules and corporate, partnership, and/or
sole proprietorship tax returns for the two (2) prior tax years.
Rule LR71-FL00-415. Sanctions.
A party that fails to comply with these rules is subject to sanctions, upon
motion of a party, pursuant to T.R. 37, Indiana Rules of Trial Procedure.

Rule LR71-FL00-416. Standing Order for Parental Education Workshop.

416.1. Findings. The Judges of the St. Joseph Superior and Circuit Courts
find that it would be in the best interest of society, of children, and of
the Courts to encourage cooperation and mediation between
separating and divorcing parents. We further find that a mandatory
parental education workshop will:
(1) Aid the children of divorcing parents;
(2) Aid the parents in post separation parenting;

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 (3) Encourage agreements between litigating parents in the
best interests of their children; and
(4) Conserve Court time by reducing repetitive petitions over
child custody, visitation, and support.

416.2. Selection of Provider(s). The Judges of the St. Joseph Superior

and Circuit Courts shall approve, annually, by order of the Court, one
or more providers of a parental education program for the Courts.
Approved program brochures shall be provided by the Clerk of the
Court to petitioners and served with the summons upon each
respondent by the Sheriff.

416.3. Attendance. In all dissolution of marriage or separation actions filed

in the St. Joseph Superior and Circuit Courts, both parties shall
attend a parental education program approved by the Courts if the
parties have a minor child or children less than the age of eighteen
(18) as of the date of filing of the action. The parties are
responsible to pay the cost of attending the program. All or a
portion of the attendance fee may be waived for indigence by the
assigned Judge. Waiver of attendance for completion of a similar
program, individual counseling, or for other good cause is available
from the assigned Judge in individual cases. Each parent must
attend and complete the workshop within sixty (60) days of the
submission of his or her registration form with the DRCB. The
workshop provider will furnish each participant and the Court with a
certificate of completion of the program. A party that fails to
complete the program within the required time period may be subject
to a finding of contempt by the Court and appropriate sanctions.

Page 89 Effective January 1, 2010

 416.4. DRCB Registration. Each parent in a dissolution or separation
action involving a child or children under the age of eighteen (18)
shall, within fifteen (15) days of the filing of the action, appear at the
offices of the DRCB to complete a registration form. The offices of
the DRCB are located on the 8th floor of the County-City Building,
227 W. Jefferson Boulevard, South Bend, Indiana 46601. Forms
may be submitted between 8:30 a.m. and 4:00 p.m., Monday
through Friday. Parents must provide the DRCB with the cause
number of the dissolution or separation action at issue at the time
they pre-register. Each parent will, at that time, be given a parental
education class assignment. The DRCB will document registration
and class attendance in the Clerk’s file.

Rule LR71-FL00-417. Additional Support for Families.

At any time parents need assistance to reduce their conflict, foster
cooperation, and more cooperatively respond to the needs of their children, they
and their attorneys (if any) are expected to seek out the resources that could
provide help. The DRCB is available to assist parents and attorneys in identifying
alternative community resources, including but not limited to counseling and
mediation resources. If attorneys and parents are not able to agree on the
alternative resource(s) to use in an effort to resolve the immediate issue and
conflict, the Court may select the resource(s) the parents will be ordered to use.

Rule LR71-FL00-418. Alternative Dispute Resolution Fee.

The Clerk of the Court shall collect from every party filing a petition for legal
separation, paternity, or dissolution of marriage action under I.C. 31 an alternative

Page 90 Effective January 1, 2010

dispute resolution fee of twenty dollars ($20), as such amount may be modified
from time to time.

Rule LR71-FL00-419. Local Rules for Family Court Project.

419.1. Creation of Family Court. With the adoption of this rule, the Circuit,
Probate, and Superior Courts establish a Family Court Project within
St. Joseph County, Indiana.

419.2. St. Joseph Family Court. The Family Court Project within St.
Joseph County shall be known as the St. Joseph Family Court.

419.3. Objective of Family Court. The primary objective of the St. Joseph
Family Court is to coordinate cases among Family members
throughout the judicial process. This allows judges to review issues
in a comprehensive manner, consolidate hearings when appropriate,
issue non-conflicting orders, impose sanctions to best fit Family
needs, and encourage accountability.

419.4. Scope of Family Court Rules. These rules are implemented only for
cases assigned to the St. Joseph Family Court. These rules are in
addition to the local administrative, civil, and family law rules, and in
the event of a conflict the specific rules of the Family Court shall
control.

419.5. Definitions.
419.5.1. Family. For purposes of these rules, “Family” includes
parents and their child or children, whether all of these
individuals reside together or not, or a household comprised

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 of adults and a child or children, whether all of the adults are
related by blood or marriage to any of the child or children.
419.5.2. Family Court. “Family Court” is the designation given the
coordinated effort to link together for purposes of case
coordination all courts before which cases involving a family
or household with children (hereinafter a “Family”) are
pending. The individual cases maintain their separate integrity
and separate docket number, but may be given a common
Family Court designation. Individual cases may all be
transferred to one Judge, or may remain in the separate
courts in which they were originally filed.
419.5.3. Family Court Proceeding. A “Family Court Proceeding”
refers to all proceedings of each individual case pertaining to
a Family that has been assigned to Family Court.
419.5.4. Related Case. Related cases, for purposes of the St.
Joseph Family Court, include the following types of cases
involving one or more members of a Family: CM, or DF
filings involving domestic and/or family violence related
charges and/or substance abuse charges, and all cases of
the following types: PO, JM, JS, JP, JT, JD, JC, DR, GU,
AD, and MH.

Rule LR71-FL00-420. Jurisdiction and Related Cases.

420.1. Related Cases. The following types of cases in which a Family has
involvement in multiple court proceedings are within the jurisdiction of
the St. Joseph Family Court: CHINS, delinquency, juvenile status
offense, child support, termination of parental rights, adoption,
placement of children, paternity, dissolution of marriage, legal

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 separation, mental health, domestic violence, protective order, adult
criminal (intra-family), and alcohol or drug charges.

420.2. Concurrent Jurisdiction. Concurrent Family Court jurisdiction over

any Related Case may be exercised by a court exercising jurisdiction
over a juvenile case involving the Family.

420.3. Concurrent Hearings. A judicial officer exercising Family Court

jurisdiction over a number of cases involving a Family may, in its
discretion, conduct concurrent hearings in related cases, take
evidence on the related cases at these hearings, and rule on the
admissibility of evidence for each case separately, as needed to
adequately preserve the record for appeal.

Rule LR71-AR00-421. Assignment of Cases and Clerk’s Responsibilities.

421.1. Approval of Assignment. Assignment of Family Court designation
and jurisdiction to all cases involving a Family shall require the
approval of the Judge of the St. Joseph Circuit Court, St. Joseph
Probate Court, or St. Joseph Superior Court to which the case has
been assigned. The transfer and consolidation of cases assigned to
Family Court are subject to the provisions of Rule LR71-TR42-424
of these Family Court Rules.

421.2. DRCB Referral. Upon assignment of a case to Family Court, case

management procedures shall be implemented, including referral to
the DRCB for coordination services. The DRCB may undertake the
following, as appropriate:

Page 93 Effective January 1, 2010

 (1) Assess family situations and need for type of parenting
intervention through screening intakes;
(2) Conduct cross-reference checks with other Court agencies
for multiple-case families;
(3) Notify appropriate Courts of all legal interventions involving
the family;
(4) Make referrals or recommend referrals to the Courts
regarding the appropriate parental education, mediation,
facilitation, high conflict co-parenting education, counseling,
or evaluation service;
(5) Monitor compliance with referrals and Court orders;
(6) Coordinate other needed services for families;
(7) Provide varied levels of direct case management services
for at-risk families.

Rule LR71-TR72-422. Clerk’s Responsibilities; Notice.

422.1. Notification of Assignment. Notification of assignment to Family
Court shall be provided to all parties and counsel. The Clerk is to
enter the Family Court assignment on the chronological case
summary.

422.2. Service Lists. The DRCB shall confirm the entry of appearances of
any counsel in any Family Court case and shall create service lists
for the judicial officer to which each case is assigned.

422.3. Notice of Related Case Assignment. The Court, within a

reasonable time after a case is assigned to Family Court jurisdiction,
shall provide to all parties in the Family Court proceeding a list of all

Page 94 Effective January 1, 2010

 Related Cases that have been assigned to that Family Court
proceeding.

Rule LR71-TR76-423. Change of Judge.

423.1. Change of Judge. Once notice is sent to the parties that a case
has been selected for Family Court, no motion for change of venue
from the judge may be granted except to the extent permitted by
Indiana Trial Rule 76. A motion for change of venue from the judge
in any matters arising in the Family Court proceeding or any future
cases joined in the Family Court proceedings after the initial selection
of cases shall be granted only for cause.

423.2. Special Judge. If a special judge is appointed, all current and future
cases in the Family Court proceeding may be assigned to the special
judge.

423.3. Objection to Assignment to Family Court Jurisdiction. A party may

object to the assignment of a case to Family Court jurisdiction. Any
such objection must be filed within ten (10) days after notice is sent
that a case has been assigned to Family Court and shall set forth
the basis of the objection. An objection to the assignment of a case
to Family Court jurisdiction may be granted for good cause shown
only.

Rule LR71-TR42-424. Case Consolidation and Transfer.

The supervising judge of the St. Joseph Family Court may enter orders for
the consolidation and transfer of Related Cases to Family Court jurisdiction when

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the judicial officers presiding over such cases do not object. No case shall be
transferred or consolidated until the judicial officers to whom such cases have been
assigned have been advised of the contemplated action. The consolidation and
transfer of Family Court cases shall be accomplished by the entry of an order
signed by the Presiding Judge of the St. Joseph Family Court.

Rule LR71-EV201-425. Judicial Notice and Access to Records.

425.1. Judicial Notice. Any court having jurisdiction over a case assigned
to Family Court jurisdiction may take judicial notice of any relevant
orders or Chronological Case Summary (CCS) entries issued by any
Indiana Circuit, Superior, County, or Probate Court.
425.2. Notice to Parties. If a court takes judicial notice of:
(1) A court order, the court shall provide a copy of that order;
or
(2) A CCS entry(s), the court shall provide a copy of the
entire CCS.
The court shall provide copies of the order or CCS to the parties to
the case at or near the time judicial notice is taken.
425.3. Access to Records. Parties to a Family Court proceeding shall have
access to all Related Cases, with the exception of confidential cases
or records to which they are not a party. Parties may seek access
to confidential cases or records in another case within the Family
Court proceeding in which they are not a party, by written petition
based on relevancy and need. Confidential records shall retain their
confidential status and shall not be included in the public record of
the proceedings. The DRCB shall be given access to all records for
the purpose of maintaining their records and producing reports
regarding its investigations. The records and reports of the DRCB

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 shall be considered confidential, and all access to the records and
reports of the DRCB shall be allowed only by order of the Court that
has jurisdiction over the relevant parties and cause of action.

Rule LR71-AR00-426. Requirement to Update Information.

When a Family member leaves the residence of a Family member whose
case has been assigned to Family Court jurisdiction, the DRCB shall be notified
within three (3) business days by the party or counsel, and the new address is to
be provided to the DRCB.

Rule LR71-TR3.1-427. Entry of Appearance Forms.

427.1. Appearance Form. Entry of Appearance Forms as approved by the
St. Joseph Circuit, Probate, and Superior Courts shall be utilized.
An entry of Appearance Form that does not comply with these rules
is subject to being stricken.

427.2. Appearance Form by Petitioner. The Clerk shall place the entry of
Appearance Form filed by the petitioner in a Protective Order case in
the confidential file.

427.3. Report. The report of a guardian ad litem or CASA shall be

available to DRCB staff under the same rules of confidentiality which
apply to submission of such reports to judicial officers.

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Rule LR71-AR00-428. Administrative Matters.
428.1. Judicial Oversight Committee. A Judicial Oversight Committee,
composed of three judges selected as follows: one of the civil judges
on the St. Joseph Superior Court, the St. Joseph Circuit Court
Judge, and the St. Joseph Probate Court Judge, or other judicial
officer designated by each of these Courts, shall be selected by the
judges of the St. Joseph Circuit, Probate, and Superior Courts. The
members of the Judicial Oversight Committee shall select one of
their members to serve as supervising judge of the St. Joseph
Family Court. The supervising judge shall serve for a term of two
years. The supervising judge can be reelected.

428.2. Supervising Judge. The supervising judge of the St. Joseph Family
Court shall have the responsibility of administering Family Court, in
consultation with the Judicial Oversight Committee. This shall
include the employment and supervision of DRCB personnel with
respect to Family Court jurisdiction only. The implementation of rules
for Family Court shall be done only after consultation with and
approval by a majority of St. Joseph County judicial officers, including
judges and magistrates.

428.3. Case Management Reporting. The supervising judge of the Family

Court and/or its coordinator may report and discuss case procedure
with, and report case management status to, any judicial officer
presiding over that case regarding the Family Court case assignment.

Rule LR71-FL00-429. Reserved.

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Rule LR71-FL00-430. Title IV-D Court.
These local rules are adopted by the Courts of the 60th Judicial Circuit to
govern the practice and procedures in the Title IV-D Court, funded by an Ordinance
of the St. Joseph County Council.

430.1 Organization of Title IV-D Child Support Court.

Pursuant to I.C. 31-25-4-15, the Judges of the Circuit, Superior, and
Probate Courts hereby establish a Title IV-D Court to establish and enforce
paternity and child support orders under federal and state law.
430.1.1 Assignment of Magistrate(s) to IV-D Court. The Judges
of the Circuit, Superior, and Probate Courts shall appoint
jointly one or more magistrates to the IV-D Court. A
magistrate so appointed shall be designated as a IV-D
Magistrate.
430.1.2 Responsibilities of IV-D Magistrates. A IV-D Magistrate
jointly appointed by the Judges and assigned to the IV-D
Court pursuant to Rule 430.1.1 has the authority to preside
over, make findings of fact and recommendations for the
approval of the Judges of Circuit, Superior and Probate Courts
in actions arising under Title IV-D of the Social Security Act.
In addition, the IV-D Magistrate has the authority to provide
such assistance as may be required in making these findings
of fact and recommendations.
430.1.3 Temporary Absence of IV-D Magistrate. During the
temporary absence of the duly appointed IV-D Magistrate, any
magistrate of the St. Joseph Circuit Court, St. Joseph Superior
Court, or St. Joseph Probate Court may hear and make

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 recommendations upon assignment to the Title IV-D Court by
the regularly presiding judge.
430.1.4 Supervision of the IV-D Court. The Title IV-D Court shall
be operated under the auspices and supervision of the Judge
of the St. Joseph Probate Court. The Judge of the St. Joseph
Probate Court may assign such juvenile or probate magistrates
as are necessary to handle the caseload assigned to the Title
IV-D Court.

430.2 Reciprocal Support Paternity Cases.

430.2.1 Transfer of Existing Reciprocal Cases. All reciprocal
support paternity cases previously filed in Circuit Court under
UIFSA and its predecessors, regardless of the stage in the
proceedings, shall be permanently transferred by written
ORDER OF TRANSFER to the Probate Court and assigned to
the IV-D Court. Currently, the court identifier is 71C01 and
the case type is either RS or MI. The cause numbers shall
remain the same upon the transfer
430.2.2 Filing of New Reciprocal Cases. All new reciprocal
support paternity cases shall be directly filed in Probate Court
and assigned to the IV-D Magistrate. The court identifier for
these cases will be 71J01 and the case type will be RS.

430.3 IV-D Petitions for Support in Favor of Third Party Custodian.

430.3.1 Existing Petitions for Support for Child Born Out of
Wedlock. All IV-D Petitions for Support in favor of a third
party custodian (i.e. child resides with someone other than

Page 100 Effective January 1, 2010

 parent) wherein the child is born out of wedlock and the action
has arisen under Title IV-D previously filed in Circuit Court,
shall be permanently transferred to the Probate Court by a
written ORDER OF TRANSFER and assigned to the IV-D
Magistrate. The cause numbers shall remain the same upon
the transfer of these cases, with the court identifier being
71C01 and the case type DR.
430.3.2 New Petitions for Support for Child Born Out of Wedlock.
All new IV-D Petitions for Support in favor of a third party
custodian wherein the child is born out of wedlock and the
action has arisen under Title IV-D shall be directly filed in
Probate Court and assigned to the IV-D Magistrate. The court
identifier for these cases will be 71J01 and the case type will
be DR.

430.4 IV-D Petitions for Support for Child of a Marriage.

430.4.1 Existing Petitions for Support for Child Born of a
Marriage. All IV-D Petitions for Support wherein the support
sought is for a child born of a marriage and the action has
arisen under Title IV-D, may be assigned by a written ORDER
OF ASSIGNMENT issued by the Judge of the Superior or
Circuit Court to the IV-D Magistrate upon a written finding that
there is a IV-D support issue to be resolved.
430.4.2 New Petitions for Support for Child Born of a Marriage.
New IV-D Petitions for Support for a child born of a marriage
will continue to be filed in Circuit Court but the action may be
assigned immediately to the IV-D Magistrate by a written

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 ORDER OF ASSIGNMENT issued by the Judge of the Circuit
or Superior Court.

430.5 IV-D Child Support Issues arising out of Legal Separation Decree or
Dissolution of Marriage Provisional Orders
430.5.1 Pending Child Support Orders Arising from Legal
Separation or Provisional Orders. All IV-D child support
issues arising out of a Legal Separation Decree or out of a
provisional order in a Dissolution of Marriage proceeding will
NOT be assigned to the IV-D Magistrate.
430.5.2 Arrearages from Child Support Orders Arising from Legal
Separation or Provisional Orders. Once a Legal Separation
Decree expires by order or operation of law or once a
Dissolution of Marriage Decree is granted, arrearage issues
arising out of the provisional order or the Legal Separation
Decree may then be assigned to the IV-D Magistrate by
written ORDER OF ASSIGNMENT issued by the Judge of the
Circuit or Superior Court upon a written finding that there is a
IV-D support issue to be resolved.

430.6 IV-D Child Support Issues arising out of Dissolution Decrees or Post-
Dissolution Orders.
All IV-D child support issues arising out of a Dissolution Decree or a
Post-Dissolution Order may be assigned to the IV-D Magistrate by written
ORDER OF ASSIGNMENT issued by the Judge of the Circuit or Superior
Court upon a written finding that there is a IV-D support issue to be

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resolved or upon a finding that the only remaining matters involved in the
case are properly within the jurisdiction of the IV-D judicial officer.

430.7 IV-D Child Support Issues arising out of Paternity Actions.

All IV-D child support issues arising out of a Paternity Action or post-
paternity proceedings may be assigned to the IV-D Magistrate by written
ORDER OF ASSIGNMENT issued by the Judge of the Probate Court.

430.8 Procedure for Transfer of Cases to Probate Court.

Once a Judge of the Circuit or Superior Court has permanently
transferred a case involving IV-D issues to the Probate Court, the Local
Probate Rules and the Local Rules for Electronic Filing will control. To
effectuate the transfer, the following procedure will be followed:
(1) The ORDER OF TRANSFER will be entered onto the original
physical docket sheet as well as a notation that the case
transferred into QUEST. No further entries shall be made on
the original docket sheet. The flat file and original docket sheet
shall be stored in the clerk’s office of the court of origin.
(2) A copy of that ORDER OF TRANSFER, a copy of the docket
sheet, and copies of any relevant pleadings including but not
limited to the initial pleadings on any pending IV-D matters and
all orders entered regarding any previous IV-D matter shall be
compiled by the IV-D Clerk.
(3) Upon receipt of the ORDER OF TRANSFER being received, the
IV-D Clerk shall enter the referred case into QUEST, and scan
all orders, pleadings, and the docket sheet into QUEST. All
court filings shall be done on QUEST pursuant to the Local
Rules for Electronic Filings.

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 (4) The ORDER OF TRANSFER will be served upon all parties by
the Child Support Division of the Prosecutor’s Office. If a
pending issue requires an immediate setting of a hearing, the
Child Support Division shall also be responsible for coordinating
the hearing date and time and notifying all parties.

430.9 Procedure for Assignment of IV-D matters to IV-D Court.

Once a Judge of the Circuit, Superior or Probate Court has assigned a
case involving IV-D issues to the IV-D Magistrate for the resolution of
IV-D issues, the following procedure will control:
(1) Cases may be considered for assignment at the oral or written
request of any party or sua sponte by the assigning Judge.
(2) The Judge may issue a written ORDER OF ASSIGNMENT upon
a finding that a IV-D support issue needs to be resolved or
upon a finding that the only remaining matters involved in the
case are properly within the jurisdiction of the IV-D Court. The
ORDER OF ASSIGNMENT will be entered onto the original
physical chronological case summary (CCS) or docket sheet.
(3) A copy of that ORDER OF ASSIGNMENT, a copy of the CCS,
and copies of any relevant pleadings including but not limited to
the initial pleadings on any pending IV-D matters and all orders
entered regarding any previous IV-D matter shall be compiled by
the clerk of the court of origin upon request of the Child Support
Division of the Prosecutor’s Office and these documents shall be
forwarded to the IV-D Clerk located at the Probate Court.
(4) Upon an ORDER OF ASSIGNMENT being entered, the Child
Support Division of the Prosecutor’s Office shall provide an

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 ISETS & QUEST Information Form to the IV-D Clerk located at
the Probate Court.
(5) Upon receipt of the ORDER OF ASSIGNMENT being received,
the IV-D Clerk shall enter the referred case into QUEST, and
ISETS if necessary, and scan all orders, pleadings, and the
docket sheet into QUEST. All court filings shall be done on
QUEST pursuant to the Local Rules for Electronic Filings;
however, for cases assigned by the Circuit or Superior Court, a
copy of all pleadings will be maintained in the original flat file
and an entry shall be made on the CCS unless otherwise
ordered by the assigning court.
(6) The ORDER OF ASSIGNMENT will be served on all parties by
the Child Support Division of the Prosecutor’s Office. If a
pending issue requires an immediate hearing, the Child Support
Division shall also be responsible for coordinating the hearing
date and time and notifying all parties.
(7) All non-IV-D matters that arise following an assignment to the
IV-D Magistrate shall be filed with the Clerk of the originating
Circuit or Superior Court. Assigned IV-D issues may be
recalled by the assigning judge at any time and the IV-D
Magistrate shall send back the assigning judge any assigned
issues that require the consideration of non-IV-D matters.
(8) All findings and recommendations of the IV-D Magistrate shall
become orders upon approval and adoption by the originating
Judge. Proposed orders shall be prepared in QUEST and
transmitted electronically along with a proposed Chronological
Case Summary to the originating Judge for possible approval
and adoption. The receiving Judge shall receive the electronic
proposed orders by email and shall be responsible for

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 periodically checking email for said proposed orders. Said
orders will appear on the QUEST Documents to approve screen
of the judge who signed the assignment order so that said judge
may approve or reject the IV-D Magistrate’s order. Upon
approval of the order, the Judge shall print out the order and
CCS and provide this to the assigned Clerk who will make it a
part of the flat file and add the CCS entry to the docket sheet.
(9) A transfer, assignment, or recall of cases shall be done by
separate order of the sending or recalling judicial officer.
(10) Procedure for Objection to Assignment: Assignment to the Title
IV-D Court is within the sole discretion of the regularly presiding
judge to whom the case has been venued. A change of venue
from the regularly presiding judge may be made under
applicable Indiana Trial Rules or statutes. An objection to
assignment to the Title IV-D court shall be made to the regularly
presiding judge and is within his or her discretion to grant or
deny.

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LOCAL RULES FOR SMALL CLAIMS FOR ST. JOSEPH COUNTY
(500 SERIES)

Rule LR71-TR1-501. Intent and Scope.

These local rules are adopted by the Courts of the 60th Judicial Circuit to
govern the practice and procedure in Small Claims proceedings.

Rule LR71-AR00-502. Appearance in Court.

502.1. Verification of Presence. All counsel and litigants must verify their
presence for any scheduled hearing or trial by checking in with the
bailiff and signing his or her name to the bailiff’s daily log.

502.2. Prompt Appearance at Hearings and Trials. Prompt appearance at

the time scheduled for all hearings and trials is enjoined upon Court,
counsel and parties. Should an occasion arise when counsel or a
party proceeding pro se can reasonably anticipate that he or she will
be tardy for a scheduled hearing or trial, or a scheduled hearing or
trial must be rescheduled due to an unanticipated emergency,
counsel or the party shall notify the Court immediately.

Rule LR71-SC15-503. Court Reporting.

503.1. Recording. Proceedings in Small Claims – South Bend and in Small
Claims – Mishawaka shall be recorded by the Court by means of
audiotape recording only. The official court record shall remain
under the control of the Official Court Reporter or the Court unless
otherwise ordered by the Court or an Indiana appellate court.

Page 107 Effective January 1, 2010

Rule LR71-SC2-504. Filing, Forms.
504.1. Use of Forms. Counsel and parties filing a claim or counterclaim
must use the claim form provided by the Clerk or a substantially
similar form, if approved by the Court. Forms for other routine
matters are available from the Clerk. All motions must be
accompanied by an appropriate order for the Court’s consideration
and use.

504.2. Restricted Access. Where a motion, petition, or other pleading is

excluded from public access under A.R. 9(G), the parties and their
counsel are enjoined to comply with the filing requirements of T.R.
5(G).
504.3. Minute Entry Codes. The Court’s Minute Entry Codes shall be used
by counsel and litigants for summarizing standard entries on the
Chronological Case Summary (CCS).

504.4. Court Files. No Court file nor any part thereof may be removed
from the custody of the Court Clerk by any person, including any
attorney or Judge of this or any other Court, except upon
authorization by the regularly presiding Judge to which the case is
assigned and then only upon such terms and conditions as may be
provided by him in the Order for authorization. One unalterable and
invariable condition of this Order is the written acknowledgment of
the authorized person that he has such file in his personal
possession.

Page 108 Effective January 1, 2010

Rule LR71-SC6-505. Discovery.
Discovery may be undertaken only upon written motion, with a copy of the
proposed limited discovery sought to be attached, and approval by the Court.
Requests for third party discovery in aid of collection on a judgment shall not be
approved, without good cause, prior to at least one unsuccessful attempt to gain
information through proceedings supplemental.

Rule LR71-SC12-506. Change of Venue.

506.1. Payment of Transfer Fee. When a change of venue from the
County is granted, all accrued costs and the fee for transfer must be
paid to the clerk by the moving party within ten (10) days after the
transfer order is entered.

506.2. Failure to Pay Fee. In the absence of such payment, the movant
will be deemed to have abandoned the motion so the Clerk will not
perfect the change, the cause will be restored to the docket of this
Court, and this Court shall resume general jurisdiction of the cause in
accordance with T.R. 76.

Rule LR71-AR00-507. Transfer the Court’s Plenary Division.

507.1. South Bend. Cases pending in Small Claims – South Bend and on
which transfer to the plenary calendar of the St. Joseph Superior
Court has been sought and granted shall be re-assigned by the
Clerk pursuant to the Clerk’s random case assignment.

507.2. Mishawaka. Cases pending in Small Claims – Mishawaka and on

which transfer to the Court’s plenary calendar of the St. Joseph

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 Superior Court has been sought and granted shall be re-assigned by
the Clerk to the plenary calendar of the judge of the St. Joseph
Superior Court assigned to the Mishawaka Division of the St. Joseph
Superior Court.

Rule LR71-AR00-508. Incorporation of Small Claims Manual.

The July 2005 Small Claims Manual, published by the Indiana Judicial
Center, is adopted and incorporated herein, as the same may be amended from
time to time.

Page 110 Effective January 1, 2010

LOCAL PROBATE RULES FOR ST. JOSEPH COUNTY (600 SERIES)

Rule LR71-PR00-601. Notice.

601.1. Attorney Responsibilities. Whenever notice by publication and/or
written notice by U.S. Mail is required to be given, the attorney shall
prepare such notice and shall ensure that such notice is properly
published and/or served by certified mail, return receipt requested.
In all respects, the notice shall comply with all statutory
requirements. It shall be the attorney’s responsibility to ascertain
and provide adequate proof thereof regarding whether notice was
properly served prior to bringing a matter to the Court.

601.2. Petitions to Accompany Notice. Copies of petitions or motions shall

be sent with all notices where the hearing involved arises from the
matters contained in the petition or motion.

601.3. Service of Notice of Hearing. Whenever any estate or guardianship

account (including a final account in a supervised estate) is set for
hearing, copies of the account must be served with the notice of
hearing.

601.4. Notice of Opening of Estate. Notice of the opening of an estate

shall be sent by First Class United States Mail to all reasonably
ascertainable creditors; however, the use of “certified mail, return
receipt requested,” to serve such notice is recommended.

601.5. Notice of Insolvent Estate. Notice of the hearing to be held on a

Petition to determine an estate insolvent shall be served on all

Page 111 Effective January 1, 2010

 interested parties, including the local representative of the Inheritance
Tax Division of the Indiana Department of Revenue.

601.6. Electronic Filing. Notice requirements in the Probate Court must

also comply with the Local Rules for Electronic Filing.

Rule LR71-PR00-602. Filing of Pleadings.

602.1. Compliance. All filings in the Probate Court must comply with the
Local Rules for Electronic Filing.

602.2. Routine Pleadings. Routine pleadings, such as Inventories,

Inheritance Tax Schedules, and Final Reports, may be filed with the
Clerk for transmittal to the Court.

602.3. Preparation of Orders. All attorneys are required to prepare orders

for all proceedings except when expressly directed otherwise by the
Court.

602.4. Guardianships. Guardianships shall be signed and verified by the

fiduciary and signed by the attorney for the fiduciary.

602.5. Attorney Information. All pleadings filed shall contain the attorney’s
name, address, telephone number, and registration number.

602.6. Initial Petition. The initial petition to open an estate or guardianship

shall contain the name, address, social security number, birth date,

Page 112 Effective January 1, 2010

 and telephone number of the personal representative or guardian, if
a person.

602.7. Affidavit of Compliance. The affidavit of compliance with the notice

provisions directed to creditors in an estate proceeding shall be
timely filed with the Clerk of the Court.

Rule LR71-PR00-603. Bond.

603.1. Bond Waived by Will. Where, under the terms of the Will, the
testator expresses an intention that the bond be waived, the Court
shall set a bond adequate to protect creditors, tax authorities, and
devises.

603.2. Heir or Legatee Fiduciary. Where the fiduciary is an heir or legatee

of the estate, the bond may be reduced by said fiduciary’s share of
the estate, or the value of real estate, or other assets that cannot be
transferred or accessed without court approval or order. The Court
shall have the right to review the amount of bond if the Court should
grant access to such property or asset.

603.3. Request for Service Without Bond. Where the heirs or legatees
have filed a written request that the fiduciary serve without bond, the
Court may set bond in an amount adequate to protect the rights of
the creditors and tax authorities only.

603.4. Unsupervised Estate. In an unsupervised estate, bond may be set

at the discretion of the court. In the Probate Court, bond will be
required unless the personal representative is the sole beneficiary.

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 603.5. Corporate Banking Fiduciary. No bond shall be required in any
estate or guardianship in which a corporate banking fiduciary
qualified by law to serve as such is either the fiduciary or one of
several co-fiduciaries.

603.6. Petition to Open Estate. All petitions to open an estate or

guardianship shall set forth the probable value of the personal
property.

603.7. Insurance Agency. The name and address of the insurance agency
providing the corporate surety shall be typed or printed on all
corporate bonds in any estate or guardianship.

Rule LR71-PR00-604. Inventory.

604.1. Time Period for Preparation. An inventory shall be prepared by the
fiduciary in estates and guardianships as follows: Supervised estate,
within sixty (60) days; guardianships, within ninety (90) days for
permanent guardians and within thirty (30) days for temporary
guardians. All times relate to the date of appointment of the
fiduciary.

604.2. Partial Inventory. In the event a partial inventory is prepared, all

subsequent inventories must contain a recapitulation of prior
inventories.

604.3. Sealed Inventory. In the event that the personal representative

should request that an inventory be sealed, the Court may, in its sole

Page 114 Effective January 1, 2010

 discretion, seal such inventory. If an inventory is sealed, it shall be
maintained in the court reporter’s evidence file in the Court in which
such estate is filed.

Rule LR71-PR00-605. Real Estate.

605.1. Deed Requirements. All deeds submitted to the Court for approval
in either estate or guardianship proceedings shall be signed by the
fiduciary and the signature notarized prior to its submission unless
the court permits otherwise. All such deeds shall be submitted with
the or at the time of the hearing on the Final Account unless the
Court permits otherwise.

605.2. Unsupervised Estates. No Personal Representative’s Deed shall be

approved in unsupervised estates.

Rule LR71-PR00-606. Accounting.

606.1. Failure to Close Within One Year. Whenever an estate cannot be
closed within one (1) year, the personal representative shall file a
statement with the Court stating the reasons why the estate has not
been closed if requested by the Court. In addition, the Court
reserves the power to require the personal representative to file an
intermediate accounting with the Court.

606.2. Guardianship. All guardianship accountings shall contain a

certification of an officer of any financial institution in which
guardianship assets are held, verifying the account balance.

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606.3. Social Security/Medicare Benefits. All social security or Medicare
benefits received on behalf of an incapacitated person shall be
included and accounted for in the guardianship accounting unless
court approval has been previously granted to allow said funds to be
paid directly to a residential or health care facility, or because of the
amount of such funds, the Court finds that such funds can only be
used by the guardian or designated person for the benefit of use of
such incapacitated person.

606.4. Statutory Format. All accounts shall follow the prescribed statutory
format. Informal, handwritten, or transactional accountings will not be
accepted.

606.5. Payment of Court Costs. All court costs shall be paid and all claims
satisfied and released before the hearing on the Final Account, and a
Clerk’s Certification thereof shall be filed with the Court before such
Final Account shall be approved.

606.6. Closing Letters. The Federal Estate Tax Closing letter and the
Indiana Inheritance Tax Closing letter (or the countersigned receipt)
or a photocopy thereof, showing payment of all Federal Estate
and/or Indiana Inheritance Tax liability in the estate, executed by the
Internal Revenue Service or the Indiana Department of State
Revenue, shall be attached to the Final Accounting at the time of
filing, unless the Court has given prior written approval to attach such
letter to the Final Report, after filing but prior to the hearing on the
Final Accounting.

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Rule LR71-PR00-607. Unsupervised Administration.
607.1. Payment of Court Costs. All court costs shall be paid and all claims
satisfied and released on or before the date of the filing of the
Closing Statement and a Clerk’s Certification thereof shall be filed
with the Court at the time such Closing Statement is filed with the
Court.

607.2. Closing Statement. The Court may enter an order approving the
Closing Statement.

Rule LR71-PR00-608. Miscellaneous.

608.1. Inheritance Tax Schedule. If the Court determines that no
Inheritance Tax Schedule is required to be filed, a copy of the
Court’s order shall be served on the local representative of the
Inheritance Tax Division of the Indiana Department of Revenue.

608.2. Implementation of Rules. The court may adapt procedures by

standing order to effectuate implementation of these rules, and may
deviate from these rules when justice requires, but only upon
showing of severe prejudice or hardship.

Rule LR71-PR00-609. Guardianships.

609.1. Filing of Current Reports. Current reports filed by a guardian of the
person shall state the present residence of the incapacitated person
and his or her general welfare. If the incapacitated person is an
adult, a report of a treating physician shall be filed with the current
report, verifying that the incapacity of the person remains unchanged

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 since the date the guardianship was established or the date of the
last current report and that the living arrangements for the
incapacitated person are appropriate.

609.2. Compliance with Other Rules. Nothing herein shall be deemed as

amending, superseding, or altering the Probate Rules and
Regulations promulgated by the Veteran’s Administration of the
United States of America, and every fiduciary and attorney shall
comply with same, if applicable.

609.3. Financial Matters. Other than for routine matters, the guardian shall
obtain court approval prior to taking any action on any financial
matter pertaining to carrying out the guardian’s duties and
responsibilities for the protected person.

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LOCAL RULES FOR ELECTRONIC FILING FOR ST. JOSEPH
COUNTY (700 SERIES)

Rule LR71-AR16-701. Electronic Filing of Cases in St. Joseph County.

701.1. Purpose. The Courts in St. Joseph County, generally, and the St.
Joseph Probate Court, specifically, intend to use current technology
to improve efficiency, public access, and ease of use. With the
approval of the Supreme Court of Indiana pursuant to T.R. 77, the
Courts set forth these local rules of procedure to assist the public,
the bar, and the courts in implementing electronic filing and computer
case management for the Circuit, Superior, and Probate Courts.

701.2. Authority. The following rules are hereby adopted and promulgated
pursuant to T.R. 81 of the Indiana Rules of Trial Procedure.

701.3. Control. If any local rule shall conflict with, or be inconsistent with
the Indiana Rules of Trial Procedure, the latter shall control.

Rule LR71-AR16-702. Filing of Cases in the St. Joseph Probate Court.

702.1. Application. These rules apply to all new cases filed with the
Probate Court and all old cases already filed with the Probate Court.
Old cases will not be required to convert to the computer system
until some activity occurs in the case. As of January 1, 2006, all
documents (other than those specifically excepted by the Probate
Court) shall be filed electronically in all cases.

702.2. Case Management System. The Probate Court is utilizing a

computer case management system known as “QUEST”. A filing in

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 QUEST or a QUEST filing is a filing in the Probate Court’s computer
system.

702.3. Electronic Court Files. Probate Court files kept electronically shall
be available for inspection by the public and the bar except for those
files that are deemed confidential by statute or court order.

702.4. Electronic Filing of Pleadings.

702.4.1. New Cases. Prior to creating a new case in the QUEST
system, a party must obtain a cause number from the Clerk
of the Court. The cause number may be obtained upon
submission of an appearance form and payment of the filing
fee to the Clerk [or upon presentation to the Clerk of a court
order waiving the filing fee]. Issuance of a cause number
does not constitute a “filing” and will not toll any statute of
limitations or other time limitation. In order to create a new
case in the court computer system (QUEST), a person must
have a password and user identification granting access to
the system. An action must be commenced in conformity with
Trial Rule 3 and pursuant to Trial Rules 4 through 4.17 of the
Indiana Rules of Trial Procedure.
702.4.2. Existing Cases. The CCS and pleadings of any existing
case may be viewed on the QUEST system by use of a valid
password. This does not apply to cases that are confidential
by virtue of the law or court order. To electronically file a
pleading in QUEST, one must first complete an appearance
form and file it with the clerk. Upon accepting the
appearance form filing, the Clerk will make that case
accessible for the filing of pleadings by the person who has

Page 120 Effective January 1, 2010

 made the appearance. Whenever an attorney withdraws his
appearance in a case, his accessibility to that case for the
filing of pleadings will be removed.
702.4.3. Time of Filing. Document may be filed through an E-filing
system at any time that the Clerk’s office is open to receive
the filing or at such other times as may be designated by the
Clerk and posted publicly. Documents filed through the E-
filing system are deemed filed the next regular time when the
Clerk’s office is open for filing. The time stamp issued by the
E-filing system shall be presumed to be the time the
Document is received by the Clerk.
702.4.4. Notice of Filing of Pleading (Manner of Service). In
addition to the usual ways of serving parties of record
pursuant to T.R. 5, service may be made by QUEST e-mail
on those parties of record or their attorneys who are current
users of the QUEST system. Said notice shall indicate the
name of the pleading filed, the date it was filed, and any
hearing date thereon, if applicable. The notified party or
attorney may then access the pleading through the QUEST
system. The Clerk of the Probate Court shall maintain a list
of current users of the QUEST system.

702.5. System Access.

702.5.1. Password. In order to access Probate Court files
electronically on the QUEST case management system, a
person must obtain a unique user name and password. Prior
to being assigned a user name and password, the requesting
individual must execute a user agreement with the Probate
Court. Upon receipt of the signed user agreement, the

Page 121 Effective January 1, 2010

 QUEST system administrator will issue a unique user
identification and password.
702.5.2. Security. Each person is responsible for the use of his
password. No person shall knowingly utilize or cause another
person to utilize the password of another without permission
of the holder of the password or in violation of these rules.
No attorney shall knowingly permit or cause to permit his user
name and password to be utilized by anyone other than an
employee of his law firm.
702.5.3. Fees and Waiver. The user agreement requires parties to
pay a nominal fee. However, access shall be free of charge
for parties or litigants claiming indigence.
702.5.4. Training and Assistance. The Court will provide
assistance and/or instruction to individuals utilizing the
electronic filing system. Provisions will be made to ensure
access to the system by disabled or self-represented parties
or litigants.

702.6. Electronic Signature of Documents. Documents filed through the E-

filing system by use of a valid user name and password are
presumed to have been signed and authorized by the user to whom
that user name and password have been issued. The following will
meet the signature requirements:
(1) Where an attorney’s signature is required on a
pleading, the QUEST imprint of the attorney’s name on
the pleading will satisfy said requirement.
(2) Where a person’s signature is required on a verified
pleading or document, the QUEST imprint of the name
will satisfy the requirement; however, the attorney is

Page 122 Effective January 1, 2010

 required to maintain an original, signed paper copy in
his office.
(3) A pro se litigant is required to file a signed paper copy
with the clerk.

Page 123 Effective January 1, 2010

LOCAL JURY RULES FOR ST. JOSEPH COUNTY (800 SERIES)

Rule LR71-AR00-801. Definitions.

801.1. Court. The term “Court” or “Courts” shall mean the St. Joseph
Circuit, Superior, and Probate Courts.

801.2. Judge. The term “Judge” or “Judges” shall mean the Judge of the
Circuit Court, the Judge of the Probate Court, and the Chief Judge of
the Superior Court.

801.3. Jury Administrator. The term “Jury Administrator” shall mean a

person so appointed to administer and manage the jury process to
the extent permitted by Indiana Law.

801.4. Jury Pool. The term “Jury Pool” shall mean a list of names, the
number of which is to be determined annually by the Judges, drawn
in accordance with this rule, from the list of names supplied by the
Indiana Supreme Court, pursuant to statute and the Indiana Jury
Rules.

801.5. Notice of Jury Service. The term “Notice of Jury Service” shall
mean a written document which accompanies the Juror Qualification
and Questionnaire Form and provides general information regarding
the juror selection process of the St. Joseph County Courts.

801.6. Juror Qualification and Questionnaire Form. The term “Juror

Qualification and Questionnaire Form” shall mean a written document
which solicits information from prospective jurors regarding statutory
qualification and exemptions.

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 801.7. Summons. The term “Summons” shall mean a written document
which notifies a prospective juror of the dates and details of their jury
service.

801.8. Bi-monthly List. The term “Bi-monthly List” shall mean a random
sub-set of the Jury Pool which shall be requested from the Clerk of
Court by the Jury Administrator. Unless otherwise directed by the
Judges, the bi-monthly Venire List shall be composed of one-sixth
(1/6) of the Jury Pool.

Rule LR71-AR00-802. Effective Date.

In compliance with the Indiana Jury Rules, these rules shall become effective
immediately.

Rule LR71-AR00-803. Scope.

The rules shall govern petit jury assembly, selection, and management in the
Courts.

Rule LR71-AR00-804. Initial Appointment of Jury Administrators.

The following are hereby appointed to act as Jury Administrators, to
administer the jury assembly process:
(1) A sufficient number of Jury Commissioners as appointed by the Courts
pursuant to the Indiana Code.
(2) At least one (1) Jury Clerk from the St. Joseph County clerk’s office.
(3) The bailiff of each Court and judge thereof.

Page 125 Effective January 1, 2010

Rule LR71-AR00-805. Additional Modification of Appointments.
Appointments made pursuant to this rule shall be updated or modified, from
time to time, as deemed necessary.

Rule LR71-AR00-806. Assembly of the Jury Pool.

No later than November 1 of each calendar year, the Jury Pool shall be
assembled for the next calendar year by randomly selecting names from the
appropriate lists as may be required and supplied by the Indiana Supreme Court
and/or appropriate statute.

Rule LR71-AR00-807. Summoning Jurors.

Jurors shall be summoned using a Two Tier Notice and Summons
procedure, as follows:
(1) At least bi-monthly, the Jury Administrator shall randomly draw the bi-
monthly Venire List from the Jury Pool and mail, or cause to be mailed,
the Notice of Jury Service and Juror Qualification and Questionnaire
Form. The bi-monthly lists may be drawn prior to each two-month jury
service period or at any other time as may be appropriate.
(2) Not later than one (1) week before a jury panel for jury selection is
needed, the Jury Administrator or Bailiff assigned to each court shall
mail, or cause to be mailed, the Summons of Jury Service which shall
specify the specific dates for which the prospective juror shall remain on
call for jury service.

Page 126 Effective January 1, 2010

 (3) Each Judge may implement such additional procedures as he or she
may believe will best ensure compliance with the Summons for Jury
Service.

Rule LR71-AR00-808. Assistance of the Clerk of Court.

At the discretion of the Court, the Jury Administrator may receive technical,
administrative, or clerical assistance in summoning prospective jurors from the
Office of the St. Joseph County Clerk.

Rule LR71-AR00-809. Criteria for Disqualification.

Prospective jurors shall be found disqualified from jury service using only
that criteria which is expressly provided in the Indiana Code and/or the Indiana
Jury Rules.

Rule LR71-AR00-810. Criteria for Exemption.

Prospective jurors shall be exempted from jury service using only those
exemptions expressly provided in the Indiana Code and/or the Indiana Jury Rules.

Rule LR71-AR00-811. Documentation of Disqualification, Exemption, or Deferral.

Facts supporting disqualification, exemption, or deferral from jury service
shall be provided to the Court, in writing, under oath or affirmation.

Rule LR71-AR00-812. Term of Jury Service.

The term of jury service shall be that as set forth in Indiana Jury Rule 9.

Page 127 Effective January 1, 2010

Rule LR71-AR00-813. Record Keeping.
813.1. Format. Records of the jury management in the Courts shall be
maintained, in written format, electronic format, or both, by the Jury
Administrator.

813.2. Items Included. Records shall include, but are not limited to:
(1) Annual jury pool;
(2) Periodic list;
(3) Jurors qualified;
(4) Exemptions granted;
(5) Deferrals granted;
(6) Jurors who served; and
(7) Terms of service.

813.3. Protocols. The protocols for record keeping and retention

established in each Court shall comply strictly with the standards
established in the Indiana Code, Indiana Jury Rules, Indiana
Administrative Rules, or otherwise provided by Indiana Law.

Rule LR71-AR00-814. Juror Privacy.

In addition to, and to the extent that it is not contrary to disclosure either
permitted or prohibited by Indiana Supreme Court Administrative Rule 9:
(1) Personal information relating to a juror or prospective juror not disclosed
in open court is confidential, other than for the use of the parties and
counsel.
(2) Upon request, copies of the Juror Qualification and Questionnaire Form
may be made available to counsel on the date of trial.

Page 128 Effective January 1, 2010

 (a) All copies of the Juror Qualification and Questionnaire Form so
provided shall be returned to the Court at the completion of the
jury selection process.
(b) No photocopies or duplicates of the Juror Qualification and
Questionnaire Form shall be made without specific Court
authorization.
(3) Each Court shall take steps to protect and maintain juror privacy and the
confidentiality of juror information.

Rule LR71-AR00-815. Miscellaneous.

All other proceedings involving the assembly, selection, and management of
petit juries in the Courts shall be conducted as required by the Indiana Jury Rules.

Page 129 Effective January 1, 2010

LOCAL RULES REGARDING ELECTRONIC NEWS COVERAGE PILOT
PROJECT IN THE ST. JOSEPH CIRCUIT COURT (900 SERIES)

Rule LR71-AR00-901. Intent and Scope of Local Rules.

On May 9, 2006, the Indiana Supreme Court issued an Order (hereinafter
“Authorizing Order”) establishing a pilot project allowing access to select Indiana
trial courts by electronic news media outlets (hereinafter “Medial Pilot Project”).
With certain limitations, this Media Pilot Project allows video and audio coverage,
still news photography, and radio news coverage of proceedings within the specified
Indiana trial courts. The Indiana Supreme Court authorized the St. Joseph Circuit
Court (hereinafter “the Court”) to participate in this Media Pilot Project.

Rule LR71-AR00-902. Authority of the Court.

Nothing in the following Rules shall be construed to limit the authority of the
Court to prohibit or limit the filming or audio recording of any person or proceeding.

Rule LR71-AR00-903. Designation of Local Media Advisory Committee.

The St. Joseph Circuit Court hereby designates the Law and Media
Committee of the St. Joseph County Bar Association to provide advice and
assistance in the implementation of this Media Pilot Project. The media
representatives appointed to the Law and Media Committee shall have exclusive
authority to designate the videographer, still photographer, and audio recorders for
use by the media pool. In accordance with the Authorizing Order, the Committee
shall also designate a media coordinator to insure compliance with these Rules and
the Authorizing Order, and to coordinate the pooling arrangement. By agreeing to
serve as the pool videographer, still photographer, or audio recorder, the
participating media organization agrees to share the recorded images and sounds

Page 130 Effective January 1, 2010

with any requesting media organization unless otherwise directed by the Circuit
Court Judge.

Rule LR71-AR00-904. Consent.

Pursuant to the Authorizing Order, the parties must consent to participate in
this Media Pilot Project. Prior to any hearing or trial, each party shall advise the
Court of their consent or nonconsent to participation in the Media Pilot Project. A
party shall indicate consent by executing a written consent form provided by the
Court. Consent once given shall remain in force and effect unless the Court
authorizes a party to withdraw its consent for good cause.

Rule LR71-AR00-905. Construction; Effect on Other Local Rules.

This Local Rule will be liberally construed to effectuate the purposes
delineated in the Authorizing Order. However, notwithstanding this Local Rule, no
person shall be authorized to photograph, videograph, or record images or sound in
the St. Joseph Circuit Court without the express, prior, written authorization of the
regularly presiding judge.

Page 131 Effective January 1, 2010

LOCAL EMERGENCY COURT RULES FOR ST. JOSEPH COUNTY
(1000 SERIES)

Rule LR71-AR00-1001. Intent and Scope of Local Emergency Court Rules.

Local Emergency Court Rules are temporary in nature and shall only remain
in effect until January 1 of the next odd numbered calendar year (e.g. 2009, 2011,
etc.) unless converted into a permanent local rule.

Page 132 Effective January 1, 2010