Hancock County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Except for motions made during trial, a continuance motion must be written and verified, state the grounds with particularity, and report the opposing parties’ positions or explain why they were not contacted.
- The Court may extend the time to complete discovery for good cause shown.
Request must include
Page & Word Limits2 rules
The Clerk shall not accept any pleading for filing under this rule greater than nine (9) pages in length.
- Pleading
- Up to 9 pages
Multiple pleadings or documents per transmission will be accepted as long as the total number of pages received including the cover sheet does not exceed ten (10) pages.
- Page limit
- Up to 10 pages
Document Filing Requirements16 rules
Immediately upon the 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.
A faxed pleading or proposed order must include a cover sheet with the specified sender, filing, and case information, and a pro se party’s authorizing signature when applicable.
- Document
- Cover sheet
Must include
- •Case number
Court's wording
Any pleading or proposed order sent to the Clerk for filing or execution pursuant to this rule shall be accompanied by a cover sheet. The cover sheet shall: 1. Identify the sending party and its voice and facsimile telephone numbers; 2. State the title of the pleading or proposed order being sent, the number of pages, the case number to which the pleading or order applies and provide any necessary instructions for filing and; 3. Contain the signature of the pro se party authorizing the filing.
Except for a motion made during trial, a motion for continuance must be in writing and verified.
Court's wording
Unless made during trial, a motion for continuance shall be in writing and verified, and state with particularity the grounds and that all opposing 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.
The State of Indiana and the Defendant shall file written statements detailing the discovery provided.
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.
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.
A notice of intention to withdraw must explain the case status, pending matters requiring timely action, and potential prejudice if the client does not act promptly or obtain new counsel.
Court's wording
Any notice of intention to withdraw shall include an explanation to the client as follows: 1. the present status of the case; 2. the date or dates of scheduled hearings or other pending matters which require timely action; 3. prejudice which might result from failure of a client to act promptly or to secure new counsel.
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.
All withdrawals of appearance shall be in writing and by leave of Court.
At the time of removal, the party receiving and removing the evidence shall give a detailed receipt to the court reporter, and the receipt will be made part of the court file.
Under no circumstances should drugs, currency, or other dangerous or valuable items be included in appellate records.
Such exhibits shall be briefly identified in the Transcript where they were admitted into evidence.
A party who wants to offer biologically contaminated evidence shall notify the trial court that the evidence may be biologically contaminated prior to offering the evidence at trial.
Verified Motions to appear by virtual or telephone shall, when reasonably possible, be filed at least seven (7) days in advance of the hearing at which a remote appearance is being requested.
A court reporter shall annually report all transcript and deposition fees received to the Office of State Court Administration on such forms as may be prescribed.
A written motion is required to compel compliance, seek additional discovery outside the rule, request a protective order exempting a party from the rule, or request more time to comply.
Court's wording
A written motion is not required, except: 1. to compel compliance under this rule; 2. for additional discovery not covered under this rule, such as Rule 404 (b) items; 3. for a protective order seeking exemption from the provisions of this rule; or, 4. for an extension of time to comply with this rule.
Filing & Service rules
Electronic Filing Rules
Pleading by Fax may only be allowed by the permission of the Judge in the appropriate case as an exception to Indiana Trial Rule 86. Pursuant to Administrative Rule 12 of the Indiana Supreme Court the Clerk of the Hancock Circuit Court and Superior Courts is hereby authorized and directed to accept filings of pleading on existing cases by electronic facsimile transmission in all cases pending before such courts if received in compliance with such rule and the requirements hereinafter specified.
Pleading by Fax may only be allowed by the permission of the Judge in the appropriate case as an exception to Indiana Trial Rule 86. Pursuant to Administrative Rule 12 of the Indiana Supreme Court the Clerk of the Hancock Circuit Court and Superior Courts is hereby authorized and directed to accept filings of pleading on existing cases by electronic facsimile transmission in all cases pending before such courts if received in compliance with such rule and the requirements hereinafter specified.
Page 5 | LR30-AR12-3 FILING BY FACSIMILE TRANSMISSION
Filing Timing and Cure Windows
Faxed pleadings received in the Clerk’s Office from 8:00 a.m. to 4:00 p.m. Monday through Friday are filed that date; those received at other times or when the office is closed are filed the next normal business day it is open.
Pleadings received by the Clerk pursuant to this rule shall be filed of record on the date received if they are produced in the Clerk’s Office between 8:00 a.m. and 4:00 p.m. Monday through Friday. Pleadings received at any other time of day or other days of the week, holidays, or other days the Clerk’s Office is closed shall be shown filed of record on the next normal business day such office is open.
Page 6 | LR30-AR12-3 FILING BY FACSIMILE TRANSMISSION
Motions or Stipulations for Continuance shall be filed as soon after the cause for continuance or delay is discovered by the party seeking same.
Motions or Stipulations for Continuance shall be filed as soon after the cause for continuance or delay is discovered by the party seeking same.
Page 7 | CONTINUANCES
A withdrawal request must be filed at least ten days before trial, unless good cause is shown.
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.
Page 9 | LR30-TR00-6 WITHDRAWAL OF APPEARANCE
The client must receive ten days' written notice of the attorney's intention to withdraw, unless new counsel enters an appearance simultaneously or beforehand.
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.
Page 9 | LR30-TR00-6 WITHDRAWAL OF APPEARANCE
Remote-appearance motions should be filed at least seven days before the hearing when reasonably possible, but the Court may grant a later motion if it has time to arrange the Zoom hearing and the circumstances reasonably support granting it.
Verified Motions to appear by virtual or telephone shall, when reasonably possible, be filed at least seven (7) days in advance of the hearing at which a remote appearance is being requested. The Court reserves the right to grant motions to appear outside the required time limit if the Court has the time necessary prior to the hearing to create a Zoom hearing and issue the Zoom link to the parties and circumstances reasonably suggest that a verified motion for virtual or telephonic appearance should be granted.
Page 12 | LR30-TR00-10 Remote Appearance Requests
Service and Proof of Service Rules
Consent to alternate service remains effective until a written revocation is filed with the Hancock Circuit Court, and the withdrawing attorney or firm must notify the specified courts and Bar members.
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 courts and members of the Bar who have consented to alternative service by attorney or law firm which has withdrawn its consent to alternative service.
Page 9 | LR30-TR00-7 CONSENT TO ALTERNATE SERVICE
Depositing specified documents or communications in an assigned courthouse box constitutes service equivalent to service under Trial Rule 5.
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.
Page 9 | LR30-TR00-7 CONSENT TO ALTERNATE SERVICE
Assignment of a courthouse box to a Hancock County attorney or firm constitutes consent to service in that box.
Courthouse boxes shall be assigned to each Hancock County attorney or firm of attorneys who shall be deemed to have consented to service therein.
Page 9 | LR30-TR00-7 CONSENT TO ALTERNATE SERVICE
For a pleading requiring service other than under Trial Rule 5 or requiring execution of an order, the filer need transmit only one copy, and the Clerk will produce duplicate copies for service.
In the event a pleading is received for filing which is required to be served upon the adverse party, other than per Trial Rule 5, or which requires the execution of an order, the filer needs only transmit a single copy to the Clerk. The Clerk shall produce duplicate copies for service.
Page 6 | LR30-AR12-3 FILING BY FACSIMILE TRANSMISSION
Hancock County attorneys and law firms may maintain a courthouse box without charge to receive specified court and attorney communications.
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.
Page 9 | LR30-TR00-7 CONSENT TO ALTERNATE SERVICE
Filing Fees and Waivers
ADAP participants may be assessed fees totaling no more than $400.
The following fees will be assessed for participants in the Hancock County Alcohol and Drug Program (ADAP): Not to exceed Four Hundred Dollars ($400.00) in all cases.
Page 6 | LR30-AR3-4 HANCOCK COUNTY ALCOHOL AND DRUG PROGRAM FEES
The Drug Court clerk must collect and transmit fees within 30 days after collection, and the fees are collected by the Auditor and used as provided by statute.
The clerk of the court shall collect and transmit these fees within thirty (30) days after the fees are collected and shall be collected by the Auditor and utilized in accordance with I.C. 33-23-16-23.
Page 6 | LR30-AR3-6 Hancock County Drug Court Fees
Behavioral Health Court participants must pay a $100 administrative fee, due 60 days after admission.
Those persons directed to participate in the Hancock County Behavioral Health Court Program shall pay a $100 administrative fee as well as a problem-solving court services fee of $50 for each month of problem-solving court participation in accordance with IC 33-23-16-23. The administrative fee will be due 60 days after admission to the Court. The Clerk of the Court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the County Auditor or fiscal officer in the Hancock County user fee fund established under IC 33-37-8.
Page 6 | LR30-AR3-5 Hancock County Behavioral Health Court Fees
Drug Court participants must pay $50 per month starting in their second month of participation, up to a maximum fee of $500.
Individuals directed to participate in the Hancock Circuit Court Drug Court Program shall pay a maximum problem-solving service fee of $500.00, to be paid at the rate of $50.00 per month beginning with the second month of participation and for each month of participation thereafter until the amount of $500.00 is met. The clerk of the court shall collect and transmit these fees within thirty (30) days after the fees are collected and shall be collected by the Auditor and utilized in accordance with I.C. 33-23-16-23.
Page 6 | LR30-AR3-6 Hancock County Drug Court Fees
The Clerk must collect and transmit Behavioral Health Court fees within 30 days after collection for deposit in the specified county user fee fund.
The Clerk of the Court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the County Auditor or fiscal officer in the Hancock County user fee fund established under IC 33-37-8.
Page 6 | LR30-AR3-5 Hancock County Behavioral Health Court Fees
The maximum rate for copies of depositions taken by private counsel is $2.75 per page.
$2.75 for copies.
Page 3 | Maximum per Page Fees
The maximum rate for copies of depositions taken by pauper counsel is $2.50 per page.
$2.50 for copies.
Page 3 | Maximum per Page Fees
The maximum rate for originals of depositions taken by private counsel is $4.50 per page.
$4.50 for originals
Page 3 | Maximum per Page Fees
Effective November 1, 2025, the maximum rate for copies of private transcripts of evidence in cases with pauper counsel is $2.50 per page.
$2.50 for copies
Page 3 | Maximum per Page Fees
The maximum rate for originals of depositions taken by pauper counsel is $4.00 per page.
$4.00 for originals
Page 3 | Maximum per Page Fees
Effective November 1, 2025, the maximum rate for originals of private transcripts of evidence in cases with private counsel is $8.00 per page.
$8.00 for originals
Page 3 | Maximum per Page Fees
Effective November 1, 2025, the maximum rate for copies of private transcripts of evidence in cases with private counsel is $3.35 per page.
$3.35 for copies.
Page 3 | Maximum per Page Fees
the reporter shall charge a consistent rate of $8.00 per each page of a transcript prepared.
the reporter shall charge a consistent rate of $8.00 per each page of a transcript prepared.
Page 3 | Maximum per Page Fees
Adjournment & Extension Requirements
Except for motions made during trial, a continuance motion must be written and verified, state the grounds with particularity, and report the opposing parties’ positions or explain why they were not contacted.
Unless made during trial, a motion for continuance shall be in writing and verified, and state with particularity the grounds and that all opposing 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.
Page 7 | CONTINUANCES
The Court may extend the time to complete discovery for good cause shown.
For good cause shown, time may be extended for completion of discovery.
Page 7 | DISCOVERY — Extension of Time
Chambers Communication Rules
Counsel and parties must keep the Court informed of their current addresses; notice sent to the last current address or email address is sufficient.
Counsel and parties have the duty to keep the Court informed of their current addresses and notice to the last current address or email address shall be sufficient.
Page 11 | Evidence Handling, Retention and Destruction
When practical, counsel should contact the Court with a rescheduling date acceptable to opposing counsel; advising the Court of the anticipated hearing time is helpful.
When practical, counsel shall contact the Court with a date for the rescheduling of the case which is acceptable to opposing counsel. (It is helpful to advise the Court of the anticipated time needed for the hearing.)
Page 7 | CONTINUANCES