HANCOCK CIRCUIT AND SUPERIOR COURTS

LOCAL COURT RULES

(as of February 12, 2003)

1.    Applicability                        p. 2              1.  Court Reporter Services                   p. 18

2.    Service of Process                 p. 2              2.  Local Caseload Plan              p. 22

3.    Appearances                       p. 3              3.  Assignment of Felony and      

4.    Withdrawal of Appearance  p. 4                 Misdemeanor Cases                p.26

5.    Consent to Alternate Service p. 5              4.  Special Judge Selection            p.29

6.    Preparation of Pleadings       p. 6              5.  Parenting Times Guidelines    p. 32

7.    Filing                                  p. 7              6.  Fax Filing                             p. 33

8.    Motions and Briefs              p. 7              7.  Support Payments                  p. 35

9.    Proposed Orders                 p. 8              8.  Bail Bond Schedule                p. 36

10.  Financial Declarations and

   Child Support Worksheets        p. 9

11.  Continuances                      p. 10            APPENDIX

12.  Discovery                            p. 10

13.  Mediation                           p. 14            A.  Financial Declaration            p. 42

14.  Special Judge Selection          p. 15           

15.  Pre-Trial Conferences                   p. 15           

16.  Juries and Trials                  p. 16

17.  Exhibits                              p. 17

A. The following rules shall apply to cases filed on the docket in the Hancock Circuit and Superior Courts except for cases on the Small Claims Docket. In the event of conflict between these rules and the Rules of the Supreme Court of Indiana or the laws of the State of Indiana, the applicable law or the Rule of the Supreme Court of Indiana shall govern.

B. These rules may be cited as Local Rule____ with respect to Rules of Practice and ALR ____ with respect to Administrative Rules. The Indiana Rules of Trial Procedure are hereinafter referred to as Trial Rule ____or TR ____.

C. Except as otherwise provided, as used in the rules which follow, the word "pleadings" shall mean and include all motions, documents or other papers filed with the Court by any party.

A. Procedure for service by mail. When service by certified or registered mail is requested, the party may prepare the certification or envelopes and furnish the number of prepared summons, complaints, notices or subpoenas to the Clerk, who shall prepare the envelopes using the addresses furnished. A party furnishing the return receipt card shall

use address of the Clerk as the return address. Upon receipt of the return by the Clerk, the Clerk shall prepare the affidavit or proof of service and insert it with the pleadings in the court file.

B. Chronological Case Summary. Issuance of summons or any other form of service of process and any return thereon shall be noted by the Clerk in the Chronological Case Summary of the case.

A. Filing appearance. An appearance shall be filed with the Clerk by counsel before any

other pleadings are filed in a case. The Clerk shall enter the appearance on the chronological case summary and enter the name of the attorney and the date of such appearance and provide for the rendition of notice by the court to the attorney.

B. Party appearing without an attorney. When a party to an action appears without an attorney, the party shall file an appearance and the Clerk shall note its filing in the chronological case summary of the cause. The Clerk shall note the name of the pro se party together with their mailing address and phone number where notices and communications concerning the cause may be forwarded and provide for the rendition of notice by the court to the party.

C. Address changes. It shall be the duty of attorneys whose address is outside Hancock County who have entered their written appearance and of all parties who are not

represented by an attorney, to notify the Court through the Clerk of any change of their mailing addresses and phone numbers. Such notification shall be in writing filed separately for each cause to which the change applies and served upon other parties to each cause or their attorneys of record. The Clerk shall promptly modify the Court’s computer records with respect to the change.

D. Proof of mailing. Certificates of service or proof of mailing of pleadings concerning

any cause shall be deemed sufficient proof of service if such pleadings were mailed to the last address of a party or attorney noted upon the docket of a cause.

E. Expiration of Appearance. Upon the entry of a final judgment with respect to the pending issues, the representative capacity of all attorneys appearing on behalf of any party shall be deemed terminated upon:

1. an order granting withdrawal or

The service of any post judgment pleadings upon any party not represented by counsel pursuant to this paragraph shall be made upon that person pursuant to the Indiana Rules

of Trial Procedure. Any copy served upon original counsel will be deemed to be a matter of professional courtesy only.

Rule 4. Withdrawal of Appearance.

A. Procedure for withdrawal. All withdrawals of appearance shall be in writing and by leave of Court. Permission to withdraw shall be given only after the withdrawing attorney has given his client ten (10) days written notice of intention to withdraw and has filed a copy of such notice with the Court; or upon a simultaneous or prior entering of

appearance by counsel for said client. No request for withdrawal of appearance shall be granted unless the same has been filed with the Court at least ten (10) days prior to trial date except for good cause shown.

B. Contents of notice. Any notice of intention to withdraw shall include an explanation to the client as follows:

(1) the present status of the case;

A. Courthouse boxes. Any Hancock County attorney or any firm of attorneys may, without charge, maintain an assigned Courthouse box in the Hancock County

Courthouse for receipt of notices, pleadings, process, orders, or other communications from the Hancock Circuit and Superior Courts or the Clerk, as to matters with such Courts, and other attorneys and law firms.

B. How assigned. Courthouse boxes shall be assigned to each Hancock County attorney or firm of attorneys who shall be deemed to have consented to service therein.

C. Effect of consent. Deposits made in any assigned box of notices, pleadings, process,

orders, or other communications made shall be deemed to constitute and be accepted as service equivalent to service in compliance with Trial Rule 5.

D. Revocation of consent. Consent to Alternate Service under this rule shall remain valid until a revocation in writing has been filed with the Hancock Circuit Court. Notice of the revocation shall be given to all members of the Bar who have consented to alternative service by the attorney or law firm which has withdrawn its consent to alternative service.

All pleadings shall be in accordance with the provisions of the Indiana Rules of Trial Procedure. For the purpose of uniformity and convenience, the following requirements shall also be observed.

A. Form. Pleadings shall be either produced by word processing system or typewritten using black print on 8 1/2 inch by 11 inch white paper except for signatures, dating or

cause numbers. Except for affidavits or supporting materials originally written by hand, pro se applications or infraction petitions, handwritten pleadings or printed forms filled out in handwriting shall not be accepted for filing without the permission of the Court. The lines shall be at least space and a half except for quotations, which shall be indented and single spaced. Photocopies are acceptable if legible.

B. Margins and binding. Margins shall be 1 inch. Binding or stapling shall be at the top left and at no other place. Covers or backing shall not be used.

C. Proceedings before Special Judges. Pleadings filed in cases wherein a Special Judge has assumed jurisdiction shall state the name of the Special Judge in the caption. Whenever the case is assigned to a Special Judge from Hancock County the hearings

regarding the case shall be held in the court of the Special Judge. If the Special Judge is from outside of Hancock County, all hearings shall be held in the original court unless otherwise ordered by the Special Judge.

Rule 7. Filing.

A. Removal of Files. Court files shall not be removed from the Courthouse except by the Clerk or the appropriate Court. When immediate action by the Court is sought upon a filed pleading, the file shall be delivered to the Court along with proposed orders.

B. Docketing of Cases by the Clerk. Cases shall be docketed in the Courts by the Clerk pursuant to the Local Caseload Plan for the Eighteenth Judicial Circuit and Local Rule

Regarding the Assignment of Felony and Misdemeanor Cases approved by the Indiana Supreme Court (see Administrative Rules 2 and 3).

A. Setting motions for hearing. Unless a hearing is required by law, the scheduling of a hearing shall be discretionary with the Court. Parties desiring a hearing shall file a written praecipe with their motion or prior to a ruling by the Court.

B. Briefs and memoranda. If a party desires to file a brief or memorandum in support of any motion, such brief or memorandum shall accompany the motion, and a copy shall be promptly served upon the adverse party. Opposing parties may file a brief or memorandum within the time prescribed by the Trial Rules.

C. Trial briefs. Unless ordered otherwise, Trial Briefs may be filed and exchanged by

the parties at least two (2) working days before trial.

A. Matters in which proposed orders required. Prior to entry by the Court of orders granting motions or applications, the moving party or applicant shall, unless the Court directs otherwise, furnish the Court with proposed orders in the following matters:

(1) enlargement of time,

(2) continuance containing a proposed date for rescheduling,

(3) default judgment,

(4) compulsion of 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) proposed findings of fact and conclusions of law and judgment under TR 52,

(12) foreclosure of a mortgage or other lien,

(13) stay of proceedings by reason of bankruptcy, appeal, or other grounds and

(14) such other orders, judgments, or decrees as the Court may direct.

This rule does not apply to judgments on general verdicts of the jury or upon a decision announced by the Court.

B. Copies. All proposed orders submitted to the Court shall be in sufficient number so that in addition to the original and one copy for the Court file, a copy can be furnished to each party.

A. Parties shall fully complete Indiana Child Support Guideline Worksheets in all contested matters involving child support and Financial Declarations in all contested matters involving disposition of assets on forms adopted by the court (Appendix A to these rules). Parties must date, file and exchange these forms prior to any hearing or trial. Child Support Worksheets must be attached to all proposed orders and decrees addressing child support.

B. If there are any assets or obligations not disposed of by written agreement between the parties, the litigants must prove the value of the assets and the amount of obligations at the hearing. Financial Declarations shall be considered as received in evidence subject to cross_examination. Direct examination, on matters in the Financial Declaration, should be confined to unusual factors which require explanation, or to corrections.

C. Unless otherwise agreed upon the record by the parties or ordered by the Court visitation shall be in accordance with the Indiana Parenting Time Guidelines.

D. Parties with minor children over the age of two (2) years as of the date of filing of a Petition for Dissolution of Marriage or for Legal Separation shall attend and complete the "Children Of Divorce" class or equivalent program and file their completion certificate with the Court.

A. Motion for continuance. Unless made during trial, a motion for continuance shall be in writing and verified, and state with particularity the grounds and that all opposing counsel or parties have been contacted and whether they consent or object to the continuance or if counsel or the party have not been contacted the reasons therefore must be fully set forth. When practical counsel shall contact the Court with a date for the rescheduling of the case which is acceptable to opposing counsel.

B. Time for filing. Motions or Stipulations for Continuance shall be filed as soon after the cause for continuance or delay is discovered by the party seeking same, and no later than seven (7) days before the scheduled date, unless the reason therefor is shown by affidavit to have occurred within said seven (7) day period.

A. Civil cases.

(1) In all cases triable by jury, final lists of witnesses and exhibits shall be exchanged at least sixty days before trial and discovery shall be completed thirty days prior to the trial unless otherwise agreed by the parties or ordered by the Court. Independent medical examinations shall be completed at least one hundred twenty days before trial and reports thereon within forty-five days of the examination.

In cases triable to the Court, final lists of witnesses and exhibits shall be exchanged at least thirty days before trial and discovery shall be completed fifteen days prior to the trial unless otherwise agreed by the parties or ordered by the Court.

Independent medical examinations shall be completed at least one hundred twenty days before trial and reports thereon within forty-five days of the examination.

B. Extension of time. For good cause shown, time may be extended for completion of discovery.

C. Criminal Cases. The State of Indiana and the Defendant shall provide reciprocal discovery as permitted by applicable case law. Each side shall have an ongoing duty to duty to seek and obtain relevant information and promptly supplement the discovery it has provided. Disclosure deadlines may be modified by a filed written agreement of counsel or by leave of Court. The State of Indiana and the Defendant shall file written statements detailing the discovery provided.

Upon the entry of an appearance by an attorney for a defendant, the State shall disclose and furnish all relevant items and information under this rule to the defendant within thirty (30) days from the date of the appearance, subject to Constitutional limitations and such other limitation as the court may specifically provide by separate order, and the defendant shall disclose and furnish all relevant items and information under this rule to the State within ten (10) days after the State's disclosure. A written motion is not required, except:

(2) for additional discovery not covered under this rule;

(4) for an extension of time to comply with this rule.

The State shall disclose the following materials and information within its possession or control:

(1) the names and last known addresses of persons whom the State intends to call as witnesses along with copies of their relevant written and recorded statements;

Defendant's counsel (or defendant where defendant is proceeding pro se) shall

furnish the State with the following material and information within his or her possession or control:

(1) the names and last known addresses of persons whom the defendant intends to call as witnesses along with copies of their relevant written and recorded statements;

(2) any books, papers, documents, photographs, or tangible objects defendant intends to use as evidence at any trial or hearing;

(3) any medical, scientific, or expert witness evaluations, statements, reports, or testimony which may be used at any trial or hearing;

(4) any defense, procedural or substantive, which the defendant intends to make at any hearing or trial; and

(5) any record of prior criminal convictions known to the defendant or defense counsel that may be used for impeachment of the persons whom the defense intends to call at any hearing or trial.

Counsel for the State of Indiana and Defendant shall only be required to produce criminal records information which they actually have obtained. Absent a showing of good cause neither side shall be required to obtain criminal records for the other party.

The parties may perform these disclosure obligations in any mutually agreeable manner . Compliance may include a notification that material and information being disclosed may be inspected, obtained, tested, copied, or photographed at a specified reasonable time and place

D. Number. No party shall serve on any other party more than thirty (30) interrogatories, including subparagraphs, without leave of Court. Any party desiring to serve additional interrogatories shall file a written motion setting forth the proposed

additional interrogatories and the reasons establishing good cause for their use.

E. Answers and objections. Answers and objections to interrogatories under Trial Rule 31 or 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objections.

F. Filing. Interrogatories, depositions or requests for discovery shall not be filed with the Court except as provided in Trial Rule 5 D(2).

G. Depositions and Experts in Pauper Counsel Cases. Counsel assigned to a party due to indigency shall not take depositions or retain experts without the prior written approval of the Court. Unless leave is granted for good cause private reporting firms may not be utilized by court appointed counsel.

Rule 13. Mediation.

A. In all civil cases where a timely demand for jury trial has been made and all cases to be tried without a jury where more than one (1) day of trial is anticipated, mediation pursuant to A.D.R. Rule 2 is mandatory. Referral of the case to mediation shall occur no later than the Pre-trial Conference or earlier by agreement of the parties or a written request for appointment of a mediator. In the event the parties agree upon a mediator they shall advise the court of the identity of the mediator so that an order of appointment may be entered.

B. Objections to mediation. A party may object to mediation by filing a written objection specifying the grounds.

C. Determination by Court. Upon hearing or after receipt of the parties’ written positions, the Court shall consider the objection and determine whether the litigation should be mediated.

D. Other Forms of Alternative Dispute Resolution. The parties are encouraged to

consider other forms of Alternative Dispute Resolution either in lieu of or to augment required mediation.

A. Civil. In the event a special judge cannot be obtained under the provisions of TR 79 (D), (E) or (F) or of recusal under TR 79 (C), a special judge shall be selected pursuant to Administrative Rule 4.

B. Criminal. Special Judge selection is governed by Administrative Rule 3, Section 4.

A. Requirement for pre_trial conference _ Waiver. There shall be a pre_trial conference in every case triable by jury unless: (1) the parties stipulate in writing to the contrary and the Court approves the stipulation or (2) the Court on its own motion directs to the contrary. Pre-trial conferences may be conducted by telephone by prior arrangement with the Court.

B. Attorneys Conference. The attorneys conference required by Trial Rule 16 shall be conducted in advance of the pre-trial conference. Counsel shall prepare a report of such conference to be provided to the Court.

Rule 16. Trials and Juries.

A. Trials shall begin promptly at 9:00 a.m. unless otherwise assigned or directed by the court. The attorneys and the litigants shall report at 8:00 a.m. on the first day of trial or at a time as the court shall direct. Advance settlement conferences may be required. The

attorneys and the litigants are encouraged to arrive substantially in advance of the scheduled time for the purpose of entering into any last minute stipulations or agreements.

Trials shall adjourn or conclude between 4:00 p.m. and 4:30 p.m. or as the court shall direct.

B. Jury questionnaire. Completed Jury Questionnaire forms shall be available for

inspection by parties in the cause.

C. Voir dire examination by court. The Court in its discretion may conduct the initial voir dire examination.

D. Voir dire examination by counsel. Following the voir dire examination by the Court, if any, each party shall be permitted an opportunity to conduct voir dire examination. The questions asked by the parties on voir dire shall be limited to the extent possible to those questions bearing upon the qualifications of the prospective jurors not adequately covered by the questions and answers contained in the completed juror questionnaire or the previous questions, if any, posed by the Court or answers thereto. Plaintiff shall first examine the jurors and temporarily pass them to Defendant who shall then examine them. Time limitations upon voir dire will be implemented by the Court with advance notification to counsel.

E. Challenges. After the Defendant's examination, the parties or their attorneys shall approach the bench and either accept the prospective jurors or make peremptory

challenges out of the hearing of the prospective jurors. Challenges for cause shall be made immediately upon the basis for the challenge being disclosed by the prospective juror and shall be tried summarily by the Court with leave granted to all parties to participate in voir dire upon the issue.

F. Multiple parties. In case of multiple Plaintiffs or multiple Defendants, the details of the voir dire procedure will be determined at a conference with the Judge before trial.

G. Jury Instructions. Preliminary and Final instructions shall be filed two (2) days in advance of the commencement of trial and shall be provided to the Court on computer disk in a compatible format.

A. Custody. After being marked for identification, models, diagrams, exhibits, and material offered or admitted in evidence in any cause pending or tried before the Court or jury shall be placed in the custody of the Court Reporter unless otherwise ordered by the Court.

B. Removal. After a case has been decided, unless an appeal has been taken, all models,

diagrams, exhibits, or material placed in the custody of the Court Reporter shall be removed by the parties offering them in evidence, except as otherwise ordered by the Court. At the time of removal, a detailed receipt shall be given to the Court Reporter and filed with the cause.

C. Destruction of exhibits. After a case is decided and no appeal taken, or after all appeals are completed, the Court Reporter may give notice in writing to the party introducing the exhibit giving a time within which the exhibit shall be removed from the

custody of the Court Reporter. If the party does not recover the exhibit within the time indicated, the Reporter may dispose of same and the party shall be charged with any expenses of such disposition.

Rule 1. Court Reporter Services.

IN THE HANCOCK CIRCUIT AND SUPERIOR COURTS

IN THE MATTER OF )

THE ADOPTION OF )

LOCAL RULES )

Pursuant to the Requirements of Administrative Rule 15 of the Indiana Supreme Court, the following rule Is hereby adopted, effective June 1, 1998, and shall be entered into the Record of Judgments and Orders of the Courts:

The definitions contained in Administrative Rule 15(B) are adopted for use in this rule and control any question of interpretation. For the purposes of this rule, the regular hours worked by the court reporting staff shall be Monday through Friday from 8:00 a.m. until 12:00 noon and 1:00 p.m. until 4:00 p.m. The work week shall be a seven day period commencing with Sunday and ending with the Saturday of each week and contain thirty-five hours for which salaried compensation is paid.

A court reporter shall work directly under the control, direction and direct supervision of the court by which they are employed during all hours of employment. Each court reporter shall be paid an annual salary, as set by the court and approved by the county council, for regular hours worked during a work week. Gap hours shall be separately compensated at a rate equivalent to the hourly rate of the yearly salary and overtime hours shall be separately compensated at a rate equivalent to one and one-half times the hourly rate of the yearly salary.

The duties of a court reporter shall include:

a. reporting the evidence presented in proceedings before the court,

d. preparation of written documents to effectuate the rulings, orders

A reporter shall prepare transcripts of evidence only during regular hours unless requested or ordered to do so by the court, the Indiana Court of Appeals or the Indiana Supreme Court. If a transcript cannot be completed during regular hours due to applicable appellate deadlines, the reporter shall receive additional salary as follows: gap hours shall be paid in the amount equal to the hourly rate of the annual salary, overtime hours shall be paid in the amount of one and one-half times the hourly rate of the annual salary; or compensatory time off shall be given weighted in the same manner. The manner of the provision of such additional salary or time off shall be determined by a written agreement to be freely negotiated and executed between the court and the reporter.

A reporter may elect to engage in the private practice of court reporting, i.e.,

the recording of and preparation of deposition transcripts; but such activity, regardless of

whether the deposition concerns a cause pending before the court, shall be conducted outside of regular hours. If a reporter, in exercise of such private practice, utilizes, with the consent of the court, its facilities, equipment and/or supplies, the reporter shall reimburse the court for such usage pursuant to a written agreement between the court and reporter. Such agreement shall establish the:

a. reasonable market rate for the use of the equipment, facilities and supplies,

b. method by which records are kept for the use of the same and

c. method by which the reporter shall reimburse the court for such usage.

The reporter shall not charge more than the following rates per page:

Depositions taken by pauper counsel:

$ 3.75 for originals and $ 1.85 for copies

Cases with pauper counsel:

$ 2.75 for originals and $ 1.00 for copies.

STATE OF INDIANA

HANCOCK CIRCUIT AND SUPERIOR COURTS

IN THE MATTER OF THE )

DEVELOPMENT OF A )

LOCAL CASELOAD PLAN

FOR THE EIGHTEENTH JUDICIAL CIRCUIT

Pursuant to the Order for Development of Local Caseload Plans of the Indiana

Supreme Court entered on July 16, 1999, the undersigned Judges of the Eighteenth Judicial Circuit adopt the following Local Caseload Plan for the Courts of the Circuit:

The Judicial Circuit

Hancock County, Indiana constitutes the Eighteenth Judicial Circuit of the State of Indiana and is served by the Hancock Circuit Court and Hancock Superior Courts

No. 1 and 2. According to the 1998 Weighted Caseload Measures (WCLM) the County average was 1.01 as opposed to the State average of 1.23. The WCLM of the courts within the Circuit were: Hancock Circuit Court, 0.85; Hancock Superior Court No. 1, 0.85; and Hancock Superior Court No. 2, 1.32.

Plan Concepts

The Local Plan shall be premised upon a review and evaluation of:

1. WCLM information for the courts serving the Circuit,

4. mechanics for the implementation of the Plan goal.

Upon completion of such review significant caseload disparities have been determined to exist among the courts of the Circuit as evaluated by WCLM.

The goal of the Local Plan is the alteration of the caseloads of the courts so that each is within 0.25 points of the state average WCLM relevant to the Plan (1.23 for 1998) or the range which may hereafter be adopted by the Indiana Supreme Court. The

most efficient method for balancing caseloads within the Circuit is through management of the docketing of cases within the courts of the Circuit so that WCLM analysis of each court will be approximately 1.00.

Implementation

Yearly Evaluation and Review

The judges of the Circuit shall meet en banc each year for the purpose of evaluating the WCLM of each court within the Circuit and adopting appropriate alterations or revisions of the Local Plan and to relieve caseload disparities among the Courts. Each annual meeting shall be scheduled within thirty days of the yearly certification of WCLM information by the Division of State Court Administration. Implementation of the Local Plan shall be on a calendar year basis.

At their annual meeting an evaluation shall be made of the utilization of judicial resources within the courts of the Circuit based upon WCLM for the prior year. A determination shall be made concerning the most efficient and appropriate manner for the Circuit to meet its responsibilities pursuant to the Orders of the Indiana Supreme Court regarding caseload allocation. Upon the completion of the yearly review appropriate and necessary Plan modifications shall be adopted by a majority vote and an order shall be entered which shall direct the Clerk of Hancock County with respect to implementation of the Local Plan.

Judicial Circuit Plan Case types shall be docketed in the courts of the Circuit only

as indicated:

a. Circuit Court and Superior Court No. 1

CC, MF, CT, DR, RS, MH, AD, AH, ES, EU, GU, TR and MI,

b. Superior Court No. 2

FD (as limited by local filing rule), CM, MC, IF, OV, SC and PO.

The Local Rule concerning the filing of criminal cases shall be amended in accordance with such filing procedure and continue to control the docketing of DF case types.

All cases filed in the civil docket of the Hancock Circuit and Superior Court No. 1 shall be filed on a random basis by the Clerk pursuant to a method approved by the courts.

The Local Plan shall continue in effect from year to year thereafter except as modified.

Plan Impact Based upon WCLM information for 1998 implementation of the Local Plan will result in the WCLM of each court within the Circuit being approximately equal.

Adopted this ___ day of August, 2002.

IN THE MATTER OF )

THE ADOPTION OF )

LOCAL CRIMINAL RULES )

Pursuant to the requirements Rules 2.2 and 13 of the Rules of Criminal Procedure, the following Local Rule is adopted and shall be entered in the Record of Judgments and Orders of each of the Courts.

Local Rule Regarding the Assignment of

Felony and Misdemeanor Cases

A misdemeanor case may include a charged infraction but not a felony.

A felony case may include both misdemeanors and infractions in addition to the charged felony. A felony case shall be deemed to be a felony case of the highest class alleged in the information or indictment.

Section 2 - Case Assignment upon Filing

Immediately upon filing a case the Prosecuting Attorney shall deliver the file to the appropriate court and advise the court as to whether the defendant is in custody.

The following offenses shall be filed only in Hancock Superior Court No. 2:

1. Ordinance Violations,

2. Infractions,

3. Misdemeanors,

8. Violations of IC-35-43-4-2 [ Theft ] if the value of the property is less than one hundred dollars ( $ 100.00),

10. Class D felonies joinable with an offense under IC-9 arising out of the same fact situation.

Cases filed against other defendants arising out of the same fact situation as any of the above mentioned cases joinable by law shall also be filed in Hancock Superior Court

No. 2. All other felony offenses shall be filed in either the Hancock Circuit Court or Hancock

Superior Court No. 1 as hereinafter prescribed except

Escape charged pursuant to IC-35-44-3-5(B) shall be filed in the same court which had granted the defendant temporary leave from lawful detention.

Offenses shall be filed in the Hancock Circuit Court and Hancock Superior Court No. 1 on an alternate basis within each year according to the date of the earliest offense alleged in an information or indictment. Cases involving offenses alleged to have been committed on odd days of the month shall be filed in the Hancock Circuit Court and those alleging the commission of offense on an even day of the month shall be filed in Hancock Superior Court No. 1.

If an information or indictment alleges a period of time for the commission of an offense rather than a single specific date, the case shall be filed according to the earliest month alleged. Cases involving offenses alleged to have been committed during odd months shall be filed in the Hancock Circuit Court and those alleging the commission of an offense during an even month shall be filed in Hancock Superior Court No. 1. An information or indictment involving both specific alleged dates and periods of time shall be filed as though it alleged specific dates only.

Cases filed against other defendants arising out of the same fact situation which are joinable by law shall be filed in the same court.

Section 3 - Refilling and/or Subsequent Filing

If the State of Indiana dismisses an information or indictment filed against a

defendant, any subsequent refiling of such information or indictment charging the same and/or other offenses, arising out of the same underlying factual situation, shall be filed in the same court from which the dismissal was obtained.

Section 4 – Reassignment of Cases Due to Disqualification of the Judge

If the judge before whom a case is pending becomes disqualified from jurisdiction of a case pursuant to the Indiana Rules of Criminal Procedure, Rules of Procedure for Post Conviction Remedies, Recusal or the Code of Judicial Conduct, the case shall be reassigned to a judge from an alphabetized list of judges of the Circuit, Superior or County Courts of Henry, Rush and Shelby counties who have consented to serve. Judges who have previously exercised jurisdiction in the case, except as a Judge Pro Tempore or while acting as a Senior Judge, shall not be eligible for reassignment to the case.

In the event a judge is not available for assignment from the list or the particular circumstances of the case warrant selection of a Special Judge by the Indiana Supreme Court, the case shall be certified to the Indiana Supreme Court for the appointment of a Special Judge pursuant to Criminal Rule 13(D).

Section 5 – Effective Date

This rule shall become effective September 1, 2002, and replace all prior rules which are in conflict.

Adopted this _____ day of August, 2002.

Hon. Richard D. Culver Hon. Richard T. Payne Hon. Jeanne Hamilton