Greene County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
such matter does not exceed ten pages, including the cover sheet;
- Page limit
- Up to 10 pages
Document Format Requirements9 rules
All papers presented for filing shall be flat and unfolded.
Pleadings and papers filed by fax shall be letter size.
- Paper size
- Letter
- Pleading
- Paper
Non-documentary and oversized exhibits shall not be sent to the appellate level courts, but shall remain in the custody of the trial court or trial court administrative agency during the appeal.
A party may show contaminated evidence or pass photographs of it to jurors, but no such evidence, however contained, shall be handled or passed to jurors or sent to the jury room.
Duplicated interrogatory forms may not be filed or served unless their interrogatories are consecutively numbered and applicable to the case; the rule also states an exception when the case or number of parties makes such forms necessary and feasible.
Court's wording
No duplicated forms containing interrogatories shall be filed or served upon a party unless all interrogatories on such forms are consecutively numbered and applicable to the case in which the same are filed and served. The intent and purpose of this rule is to prohibit the filing of duplicated forms of interrogatories except where the nature of the case or number of the parties makes the use of such forms necessary and feasible.
A two-tier notice and summons, consistent with Jury Rule 4(b), shall be used by the jury administrators.
Court reporters should maintain a log of retained evidence and scheduled disposition date, and evidence should be held in a secure area.
Under no circumstances should guns, drugs, currency, or other dangerous or valuable items be included in appellate records.
Photographs of any exhibit may be included in the volume of documentary exhibits.
Document Filing Requirements26 rules
At filing, each motion must include an original proposed order for the Court, one copy, and enough copies for the parties; the order must identify its preparer and include a full distribution list.
- Document
- Motion
Must include
- •Proposed order
Court's wording
At the time of filing, each motion shall be accompanied by the original and one copy of a proposed order for the Court and sufficient copies of the proposed order for the parties. Proposed orders shall indicate the draft's preparer and shall include a full distribution list of attorneys or parties to whom the order should be sent.
Answers or objections to interrogatories shall set forth in full the interrogatory being answered or objected to immediately preceding the answer or objection.
for continuance shall be in writing and signed.
In any dissolution of marriage or legal separation proceeding, each party shall complete in full, date, sign and verify a Financial Declarations form as set out herein as Appendix A.
Such motion shall comply in all respects with Trial Rule 53.5 of the Indiana Rules of Trial Procedure.
Such objections and alternative dates shall be reported in the motion for continuance.
A motion for continuance based upon a scheduling conflict with another case shall specify the Court, the case name, the case number, the date the hearing or trial was set, and the type of hearing or trial.
the original document and the transmission log are maintained by the sending party for the duration of the litigation.
the sending party creates at the time of transmission a machine generated log for such transmission;
Every faxed document sent to the Clerk must include a signed cover sheet stating the document title, case number, page count, sender’s identity and voice telephone number, and filing instructions.
- Document
- Fax cover sheet
Must include
- •Page count
- •Case number
Court's wording
Any document sent to the Clerk by electronic facsimile transmission shall be accompanied by a cover sheet which states the title of the document, case number, number of pages, identity and voice telephone number of the sending party and instructions for filing. The cover sheet shall contain the signature of the lawyer or party, pro se, authorizing the filing.
In all cases, the court shall provide notice, by mail (including e-mail), to all attorneys of record and to parties only if unrepresented by counsel (at the last known address), that the evidence will be destroyed by a date certain if not retrieved before that date.
At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence. The receipt will be made part of the court file.
Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the court may consider the issue and rule appropriately before trial.
(ATTACH AS EXHIBIT 1A YOUR PROPOSAL FOR CUSTODY AND VISITATION.)
(ATTACH PRIOR MONTH'S PAYCHECK STUBS AS EXHIBIT 2A.)
(ATTACH AN ITEMIZED SCHEDULE MARKED EXHIBIT 3A.)
(PROVIDE THE SAME INFORMATION FOR OTHER REAL ESTATE AS EXHIBIT 4A.)
(ATTACH TWO ITEMIZED LISTS REFLECTING ITEMS YOU WISH TO RETAIN AS EXHIBIT 4B AND ITEMS YOU WISH YOUR SPOUSE TO RETAIN AS EXHIBIT 4C.)
I do swear or affirm under penalties for perjury that the statements herein and the exhibits attached are true and complete to the best of my knowledge this _________ day of ______________, 20____.
ATTACH A SEPARATE SCHEDULE SHOWING YOUR PROPOSED DIVISION OF THE MARITAL ASSETS AND DEBTS AS EXHIBIT 6A.
If the Court agrees to a reporter's use of Court equipment, workspace, and supplies, the parties must make a written agreement specifying the rate, recordkeeping method, and reimbursement method, and attach and publish it annually with the supply schedule.
Court's wording
If the Court Reporter desires to use the Court's equipment, work space and supplies, and if the Court agrees to the use of the court equipment for such purpose, the Court and the Court Reporter shall enter into a written agreement which must, at a minimum, designate the following: a. The reasonable market rate for the use of equipment, workspace and supplies; b. The method by which records are to be kept for the use of equipment, work space and supplies; c. The method by which the Court Reporter is to reimburse the Court for the use of the equipment, workspace and supplies. Such agreement shall be attached to the Schedule of Transcript Supplies and published annually.
Each Court Reporter must report transcript fees at least annually to the Indiana Supreme Court Office of Judicial Administration using its prescribed forms.
Court's wording
Each Court Reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent or private transcripts to the Indiana Supreme Court Office of Judicial Administration. The reporting shall be made on forms prescribed by the Office of Judicial Administration.
Court reporters should maintain a log of retained evidence and scheduled disposition date, and evidence should be held in a secure area.
Use last 4 digits of account numbers
Following to be completed if under 21 years of age
Filing & Service rules
Electronic Filing Rules
A matter may be fax-filed only if it does not require fees other than the fax transcription fee specified in paragraph E.
such matter does not require the payment of fees other than the electronic facsimile transcription fee set forth in paragraph E of this rule;
Page 11 | LR28-AR12-10 FILING PLEADINGS BY FAX MACHINES, B. ADMINISTRATIVE RULE 12
Pleadings, motions, and other papers may be filed by fax with either the Greene Circuit Court or Greene Superior Court at the authorized Clerk’s Office fax number.
Pleadings, motions, and other papers may be filed in either the Greene Circuit Court or the Greene Superior Court by electronic facsimile transmission, commonly known as "faxing." The telephone number authorized to receive such transmissions, pleadings, motions, and other papers is: (812) 384-8458. The fax machine receiving such transmissions is located in the Office of the Clerk.
Page 11 | LR28-AR12-10 FILING PLEADINGS BY FAX MACHINES, A. FILING
Filing Timing and Cure Windows
Financial Declarations must be filed at least four working days before the contested hearing.
The Financial Declarations shall be filed no less than four (4) working days before the contested hearing.
Page 9 | RULE LR28-FL00-06 FINANCIAL DECLARATIONS
During posted business hours, a fax filing is timed when produced in the Clerk’s office; documents received at other times are filed the next normal business day, unless the specified machine timestamp and delivery-receipt conditions apply, in which case the recorded time controls.
Consistent with Administrative Rule 12, during normal, posted business hours, the time of filing shall be the time the faxed document is produced in the office of the Clerk of the Circuit Court. Duplicate documents received at all other times shall be filed as of the next normal business day. If the receiving FAX machine endorses its own time and date stamp upon the transmitted documents, and the receiving machine produces a delivery receipt which is electronically created and transmitted to the sending party, the time of filing shall be the date and time recorded on the transmitted document by the receiving FAX machine.
Page 11 | LR28-AR12-10 FILING PLEADINGS BY FAX MACHINES, C. TIME OF FILING
Service and Proof of Service Rules
A party offering biologically contaminated evidence must serve all parties with the pretrial notice before trial.
A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the court may consider the issue and rule appropriately before trial.
Page 19 | LR28-AR00-16 Rules for Evidence Handling, Retention, and Disposition
The court must send the evidence-disposition notice by mail, including e-mail, to attorneys of record and to unrepresented parties at their last known addresses; counsel and parties must keep the court informed of current addresses, and notice to the last current address is sufficient.
In all cases, the court shall provide notice, by mail (including e-mail), to all attorneys of record and to parties only if unrepresented by counsel (at the last known address), that the evidence will be destroyed by a date certain if not retrieved before that date. Counsel and parties have the duty to keep the court informed of their current addresses and notice to the last current address shall be sufficient.
Page 19 | LR28-AR00-16 Rules for Evidence Handling, Retention, and Disposition
Filing Fees and Waivers
The Clerk must collect a $25 late payment fee from a non-indigent defendant who meets the stated case and payment conditions and fails to pay by the applicable deadline.
A. This Rule 15 applies in each case in which a Defendant is found to have 1. commited a crime; violated a statute defining an infraction; violated an ordinance of a municipal corporation; or committed a delinquent act; 2. is required to pay court costs, including fees; a fine; or a civil penalty; 3. is not determined by the Court imposing the Court costs, fine, or civil penalty to be indigent; and 4. fails to pay to the Clerk the costs, fine, or civil penalty in full before the later of the following: a. the end of the business day on which the Court enters the conviction or judgment; b. the end of the business day on which the Court has set the deadline in the sentencing order for the payment of costs, fines, and civil penalties. B. The Clerk shall collect a late payment fee of twenty-five dollars from a Defendant described in subsection A of this Rule 15.
Page 14 | LR28-CR00-12 Late Fees
Each Problem-Solving Court participant must pay a $100 initial administrative fee.
A. All individuals participating in a Greene County Court Problem-Solving Court shall pay an initial one-hundred dollar ($100.00) administrative fee and a Problem-Solving Court Services fee not to exceed fifty dollars ($50) per month of participation per referral to a Problem-Solving Court.
Page 19 | LR28-AR00-17 Problem Solving Court Fees
The Clerk assesses a $4.00 fee for each fax transmission per case, subject to the stated approval of the Board of County Commissioners.
The Clerk shall assess a fee of $4.00 per transmission per case, which fee has been approved by the Courts as the appropriate fee, and which fee is subject to the approval of the Board of County Commissioners as provided by Indiana Supreme Court Administrative Rule 12.
Page 11 | LR28-AR12-10 FILING PLEADINGS BY FAX MACHINES, E. FEE
Index and Table of Contents pages are charged at the same per-page rate as the rest of the transcript.
The fee for the preparation of the Index and Table of Contents pages shall be at the same rate charged per page for the remainder of the transcript.
Page 13 | LR28-AR15-11 Court Reporter Services
A private transcript may be charged at no more than $4.50 per page, subject to the stated expedited-preparation surcharge.
The maximum per page fee a Court Reporter may charge for the preparation of a private transcript shall be $4.50.
Page 13 | LR28-AR15-11 Court Reporter Services
A reporter may charge for required purchased supplies used to bind and electronically transmit transcripts, with costs set by an annually published schedule.
The Court Reporter may charge for the required office supplies purchased by the Court Reporter and used for the binding and the electronic transmission of the transcript pursuant to the Indiana Rules of Appellate procedure 28 and 29. The costs of these supplies shall be determined pursuant to a Schedule of Transcript Supplies that will be established and published annually by the Judges of the Greene Circuit and Superior Courts.
Page 13 | LR28-AR15-11 Court Reporter Services
A copy of any listed transcript may be charged at no more than $1.00 per page.
The maximum per page fee a Court Reporter may charge for a copy of a county indigent transcript, state indigent transcript, or private transcript shall be $1.00.
Page 13 | LR28-AR15-11 Court Reporter Services
A state indigent transcript may be charged at no more than $4.50 per page.
The maximum per page fee a Court Reporter may charge for the preparation of a state indigent transcript shall be $4.50.
Page 13 | LR28-AR15-11 Court Reporter Services
The minimum fee for each transcript is $35.00.
The minimum fee per transcript shall be $35.00.
Page 13 | LR28-AR15-11 Court Reporter Services
A county indigent transcript may be charged at no more than $4.50 per page, and the reporter must submit the claim directly to the county.
The maximum per page fee a Court Reporter may charge for the preparation of a county indigent transcript shall be $4.50; the Court Reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.
Page 13 | LR28-AR15-11 Court Reporter Services
A reporter may charge labor for binding transcripts and exhibit binders at the specified salary-based hourly rate, or $15.00 per hour if the reporter is not salaried.
The Court Reporter may charge an additional labor charge for the time spent binding the transcript and the exhibit binders. The additional labor charge shall be the hourly rate paid to the Court Reporter (as computed by dividing the annual salary paid by Greene County to the Court Reporter by 35 hours). If the Reporter preparing the transcript is not a salaried employee, the charge shall be $15.00 per hour for the time expended to bind the transcript and exhibits.
Page 13 | LR28-AR15-11 Court Reporter Services
For a private transcript requested in less than 30 days, the reporter may charge an additional $1.50 per page only if the presiding Judge approves the surcharge.
Notwithstanding the above, if a private party requests a transcript to be prepared in less than 30 days, a Court Reporter may charge an additional $1.50 per page as a surcharge if the surcharge is approved by the presiding Judge of the Court.
Page 13 | LR28-AR15-11 Court Reporter Services
Individuals ordered to enroll in the program may be charged no more than $400 for program services.
All individuals ordered to enroll in the Greene County Court Alcohol and Drug Program may be charged up to a maximum of $400.00 for program services, pursuant to Indiana Code 12-23-14-16.
Page 17 | LR28-AR00-15 COURT ALCOHOL AND DRUG PROGRAM FEES
Sealing & Redaction Procedures
The recognizance bond form is designated confidential and not for public access.
CONFIDENTIAL NOT FOR PUBLIC ACCESS
Page 28 | EXHIBIT A
Adjournment & Extension Requirements
A continuance motion must be in writing unless made during the hearing; the excerpt ends before completing the sentence.
B. WRITTEN MOTION: Unless made during the hearing of the case, a motion
Page 8 | LR28-TR53.5-05 CONTINUANCES
Before requesting a continuance, the attorney for the moving party shall confer with the other parties to determine any objections and to ascertain dates for rescheduling when all parties are available.
Before requesting a continuance, the attorney for the moving party shall confer with the other parties to determine any objections and to ascertain dates for rescheduling when all parties are available.
Page 9 | LR28-TR53.5-05 Continuances
Continuance motions are discouraged, and the Court may decline to approve a continuance even when the parties agree.
Motions for continuances are discouraged, and even if there is an agreement of the parties to continue a case the agreement may not be approved.
Page 8 | LR28-TR53.5-05 CONTINUANCES