Harrison County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Initial motions for enlargement of time are decided summarily ex parte at filing unless the Court exercises its discretion to schedule a hearing.
- Joint motions for continuance are decided summarily ex parte at filing unless the Court exercises its discretion to schedule a hearing.
- A continuance motion must state the scheduled date, reason, desired length of delay, and whether opposing counsel agrees or disagrees.
- +1 more
Request must include
- A request to continue a jury trial must be filed at least 21 days before trial unless good cause is shown for not requesting it sooner.
Document Format Requirements4 rules
Proposed final instructions, special or pattern, shall be submitted on letter size (8 ½ x 11) paper, double-spaced, with all designations including indications for the Court’s disposition placed on the bottom three (3) inches of the instruction.
- Line spacing
- Double
- Paper size
- Letter
- Proposed final instructions
The parties must submit a second, unidentified set of proposed final instructions containing only the statement of law; that set may be sent with the jury during deliberations.
Court's wording
The parties shall submit a second set of proposed final instructions containing no designation of who submitted them, or other identifying references, and shall contain only the statement of law. This set of jury instructions may be sent with the jury to the jury room for use during deliberations.
Disks containing an electronic transcript must be designated as the Original Transcript, Court Reporter’s Copy, and Court’s Copy, and labeled with specified case and transcript information.
Court's wording
Multiple disks containing the electronically formatted transcript shall be prepared and designated as “Original Transcript”, “Court Reporter’s Copy” and “Court’s Copy”. Each disk shall be labeled to identify the case number, the names of the parties, the date completed, the court reporter’s name, and the disk number if more than one disk is required for a complete transcript.
Upon the filing of a written request or praecipe for transcript, the Court Reporter shall transcribe any Court proceeding requested and produce an original paper transcript along with an electronically formatted transcript.
Document Filing Requirements14 rules
Motions or applications to enlarge or shorten time, set a hearing, conference, or trial, continue a matter, or obtain default judgment must include a proposed order.
- Document
- Motion or application
Must include
- •Proposed order
Court's wording
Proposed orders shall accompany motions or applications in the following matters: 1. to enlarge or shorten time 2. for setting of hearing, conference or trial 3. for continuance 4. for default judgment
A. The State and the defendant shall file a written and signed Plea Agreement with respect to ANY criminal case no later than twenty-one (21) days prior to the trial date.
The Jailer or Bond maker is DIRECTED to obtain an address and telephone number of the Defendant on the bond.
All persons making bond shall complete and sign Terms and Conditions of Bond and shall be subject to the terms and conditions of bond as set forth in Exhibit “A” attached hereto.
The Court’s electronic copy becomes the official record and is retained by the Court; the reporter retains the reporter’s copy, and the original paper transcript and designated disk go to the Clerk for appeals or to the requesting party otherwise.
Court's wording
The Court’s copy of the electronic transcript shall become the official record of the Court proceeding, in lieu of a paper copy of the transcript, and shall be retained in the Court where said proceeding was held. The court reporter’s copy shall be retained by the court reporter. The original paper transcript along with the disk designated as the original transcript shall be forwarded to the Clerk if the transcript was prepared for purposes of appeal. If the transcript was not prepared for purposes of appeal, the original paper transcript shall be delivered to the requesting party.
If the Court Reporter uses Court equipment, workspace, or supplies for private practice with the Court’s agreement, the parties must enter a written agreement addressing the use’s value, recordkeeping, and reimbursement.
Court's wording
If a Court Reporter elects to engage in private practice through recording a deposition and/or preparing of a deposition transcript, trial transcript, hearing transcripts, plea change and sentencing transcripts, or other transcripts, and the Court Reporter desires to utilize the Court’s equipment, work space, and supplies, and the Court agrees to the use of Court equipment for such purposes, the Court and the Court Reporter shall enter into a written agreement which must at a minimum designate the following: A) the reasonable market value for the use of equipment, work space and supplies; B) the method by which records are to be kept for the use of equipment, work space and supplies; and C) the method by which the Court Reporter is to reimburse the Court for the use of the equipment, work space and supplies.
Upon selecting a special judge, the administrative judge shall prepare an Order of Appointment and forward said Order to the judge before whom the case is pending who shall then sign and enter the Order of Appointment and forward a copy of the Order to the special judge and the attorneys of record.
An Order of Appointment must use the form specified, including the appointment language, order date, judicial signature, and assignment information.
Court's wording
H. Form of Order. The Order of Appointment shall be in the following form: IN THE ________ COURT OF ________ COUNTY STATE OF INDIANA (Caption) ORDER OF APPOINTMENT Under the provisions of Trial Rule 79(H) of the Indiana Rules of Trial Procedure or the Indiana Rules of Criminal Procedure, the Honorable ________ of the ________ Court of ________ County is hereby appointed to serve as special Judge in the above-captioned case. So ORDERED this _____ day of _____________, _______. ___________________________ Judge, ___________ Court Assigned this _____ day of __________, __________. __________________________________ Administrative District 24 Administrative Judge
Proposed orders accompanying motions scheduling matters for hearing, pre-trial conference and trial shall contain adequate space for the insertion of a time and date for a primary setting of the matter and a secondary setting, if desired.
All proposed orders and entries shall reflect the name of the person preparing under the indication “tendered by”.,
The Court Reporter shall submit a claim directly to the Court for the preparation of any county indigent transcript.
A schedule of transcript supplies will be established and published annually by the Judge or Judges of the County.
The 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 Division of State Court Administration.
The reporting shall be made on forms prescribed by the Division of State Court Administration.
Filing & Service rules
Electronic Filing Rules
Attorneys must e-file in the county.
Attorneys are required to e-file in this county; others are encouraged to e-file.
Page 1 | E-file a case
Filing Timing and Cure Windows
The Court will not accept a plea agreement filed later than 21 days before trial unless the parties demonstrate good cause for the late filing.
C. If the State and the defendant fail to file a written and signed Plea Agreement no later than twenty-one (21) days prior to the date the trial is scheduled to begin, the Court will not accept any Plea Agreement unless the parties demonstrate good cause for failure to file a written and signed Plea Agreement in a timely fashion.
Page 8 | PLEA AGREEMENT DEADLINE AND CONTINUANCE OF CRIMINAL JURY TRIALS
The plea agreement must be filed at least 21 days before the trial date.
A. The State and the defendant shall file a written and signed Plea Agreement with respect to ANY criminal case no later than twenty-one (21) days prior to the trial date.
Page 8 | PLEA AGREEMENT DEADLINE AND CONTINUANCE OF CRIMINAL JURY TRIALS
Service and Proof of Service Rules
After a special judge is appointed, each subsequently filed document must be served on that judge at the judge’s private office or regular court, and proof of service must reflect it, unless the judge directs otherwise.
Unless otherwise directed by a special judge, after appointment of a special judge, a copy of each document filed thereafter in the proceeding shall be served on the special judge at the special judge’s private office or at the Court where the special judge regularly presides and the proof of service shall reflect such service.
Page 4 | FORM AND STYLE OF PLEADINGS
Process in re-docketed actions must be served on a party pursuant to Trial Rule 4; service on the party’s former attorney is insufficient.
Service of process in re-docketed actions such as petitions for modifications and applications for rule to show cause must be on a party pursuant to Trial Rule 4. Service of process of such actions upon the attorney who represented the party in the previously pending matter shall be deemed insufficient.
Page 6 | SERVICE ON REDOCKETED MATTERS
Copies of notices of appeal and motions to correct errors must be brought to the Judge’s and Court Reporter’s attention, and the Clerk must serve them with copies.
A copy of every Notice of Appeal or Motion to Correct Errors filed with the Clerk of this Court shall be brought to the attention of the Judge and the Court Reporter. The Clerk of the Court shall serve a copy of Notices of Appeal and Motion to Correct Errors upon the Judge and the Court Reporter.
Page 7 | NOTICE OF APPEAL AND MOTION TO CORRECT ERRORS
The defendant or the defendant’s attorney must personally deliver a copy of every speedy-trial motion to the Judge or Court Reporter on the filing date.
A copy of every Motion for Speedy Trial under Criminal Rule 4 shall be personally delivered to the Judge or Court Reporter by the defendant’s attorney or the defendant on the same date the motion is filed with the Court.
Page 7 | SPEEDY TRIAL MOTIONS
Filing Fees and Waivers
A bond maker must pay a $5 fee for each bond for the special death benefit fund.
Bond maker shall pay a $5.00 fee on each bond for the special death benefit fund as required by law.
Page 11 | BOND SCHEDULE AND RULES
The Scram Bracelet daily fee is $14.
6) Scram Bracelet b. $14.00 Daily Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The Alcohol/Drug Education Treatment fee is $300.
B. Alcohol/Drug Education Treatment $300.00
Page 18 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Transfer Fee is $100.
C. Transfer Fee $100.00
Page 18 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The GPS Home Incarceration daily fee is $12.
4) GPS Home Incarceration b. $12.00 Daily Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The Court may waive or decrease fees case by case when justified by the circumstances of the case.
F. The Court may on a case-by-case basis waive fees or decrease fees if justified under the circumstances of a particular case.
Page 18 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Alcohol/Drug Case Management fee is $300.
A. Alcohol/Drug Case Management $300.00
Page 18 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Court may increase the Alcohol/Drug Case Management fee to $400 on a case-by-case basis.
E. The Court on a case-by-case basis may increase the Alcohol/Drug Case Management fee to $400.00
Page 18 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Remote Breath (Home Alcohol Breath Test) installation fee is $50.
3) Remote Breath (Home Alcohol Breath Test) a. $50.00 Installation Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The Day Reporting Program initial fee is $50.
5) Day Reporting Program a. $50.00 Initial Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The GPS Monitoring daily fee is $12.
2) GPS Monitoring b. $12.00 Daily Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The GPS Monitoring installation fee is $50.
2) GPS Monitoring a. $50.00 Installation Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The Community Service Restitution fee is $75.
1) Community Service Restitution a. $75.00
Page 18 | COURT SERVICES FEE SCHEDULE
The Alcohol/Drug Assessment fee is $100.
D. Alcohol/Drug Assessment $100.00
Page 18 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Remote Breath (Home Alcohol Breath Test) daily fee is $12.
3) Remote Breath (Home Alcohol Breath Test) b. $12.00 Daily Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The Scram Bracelet installation fee is $50.
6) Scram Bracelet a. $50.00 Installation Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The GPS Home Incarceration installation fee is $50.
4) GPS Home Incarceration a. $50.00 Installation Fee
Page 18 | COURT SERVICES FEE SCHEDULE
The Day Reporting Program daily fee is $2.
5) Day Reporting Program b. $2.00 Daily Fee
Page 18 | COURT SERVICES FEE SCHEDULE
A $100 transfer fee applies each time.
9) Transfer Fee a. $100.00 each time
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Court may waive or reduce Veterans Treatment Court fees case by case when justified by the circumstances.
D. The Court may on a case-by-case basis waive fees or decrease fees if justified under the circumstances of the particular case.
Page 19 | VETERANS’ TREATMENT COURT FEE SCHEDULE
The Court may waive or reduce fees case by case when justified by the circumstances.
The Court may be on a case-by-case basis, waive fees, or decrease fees if justified under the circumstances of the particular case.
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
Men’s Non-Violence costs $325 for all 26 sessions.
10) Men’s Non-Violence a. $325.00 for the total of 26 sessions
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Mental Health Court admission fee is $100.
A. Admission Fee $100.00
Page 19 | MENTAL HEALTH COURT FEE SCHEDULE
Each drug test costs $30.
8) Drug Test a. $30.00 Each
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Veterans Court intake fee is $50.
A. The Veterans Court Intake Fee $50.00
Page 19 | VETERANS’ TREATMENT COURT FEE SCHEDULE
The Veterans Court monthly fee is $25.
B. The Veterans Court Monthly Fee $25.00
Page 19 | VETERANS’ TREATMENT COURT FEE SCHEDULE
Moral Recognition Therapy costs $325 for a total of 18–24 sessions.
12) Moral Recognition Therapy (MRT) a. $325.00 for the total of 18-24 sessions
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The ignition interlock monthly fee is $110.
7) Ignition Interlock b. $110.00 Monthly Fee
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
All Veterans Treatment Court fees are payable to the Harrison County Clerk.
C. All Veterans Treatment Court Fees are payable to the Harrison County Clerk.
Page 19 | VETERANS’ TREATMENT COURT FEE SCHEDULE
The ignition interlock installation fee is $75.
7) Ignition Interlock a. $75.00 Installation Fee
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
Moving On costs $325 for all 26 sessions.
11) Moving On a. $325.00 for the total of 26 sessions
Page 19 | ALCOHOL DRUG PROGRAM FEE SCHEDULE
The Mental Health Court monthly fee is $50.
B. Monthly Fee $50.00
Page 20 | MENTAL HEALTH COURT FEE SCHEDULE
All Mental Health Court fees are payable to the Harrison Circuit Court Clerk.
C. All fees are payable to the Harrison Circuit Court Clerk.
Page 20 | MENTAL HEALTH COURT FEE SCHEDULE
The maximum fee for a copy of an appeal transcript is $2.50 per page.
The maximum per page fee a Court Reporter may charge for the copy of any appeal transcript is Two Dollars and Fifty Cents ($2.50) per page.
Page 22 | SECTION TWO. Salaries and Per Page Fees
For an expedited transcript requested to be prepared within five days, the maximum fee is $7.50 per page.
If the Court Reporter is requested to prepare an expedited transcript, the maximum per page fee shall be $7.50 per page if request is for transcript to be prepared within five (5) days;
Page 22 | SECTION TWO. Salaries and Per Page Fees
For an expedited transcript, index and table-of-contents pages are charged at the same rate as the other pages.
Index and Table of Contents will be charged at the same rate as the other pages.
Page 22 | SECTION TWO. Salaries and Per Page Fees
The maximum fee for preparing a non-appeal transcript is $5.00 per page.
Five Dollars ($5.00) per page for any non-appeal transcripts.
Page 22 | SECTION TWO. Salaries and Per Page Fees
Index and table-of-contents pages are charged at the same per-page rate as the rest of the transcript.
The index and table of contents pages will be charged for at the same page rate being charged for the rest of the transcript.
Page 22 | SECTION TWO. Salaries and Per Page Fees
The maximum fee for preparing a state indigent appeal transcript is $5.00 per page.
The maximum fee a Court Reporter may charge for the preparation of a state indigent appeal transcript shall be Five Dollars ($5.00) per page.
Page 22 | SECTION TWO. Salaries and Per Page Fees
The maximum fee for preparing a county indigent appeal transcript is $5.00 per page.
The maximum per page fee a Court Reporter may charge for the preparation of a county indigent appeal transcript shall be Five Dollars ($5.00) per page
Page 22 | SECTION TWO. Salaries and Per Page Fees
For an expedited transcript that must be prepared within 24 hours or less, the maximum fee is $8.50 per page.
the maximum per page fee shall be $8.50 per page where the transcript must be prepared within 24 hours or less.
Page 22 | SECTION TWO. Salaries and Per Page Fees
The maximum fee for preparing a private appeal transcript is $5.00 per page.
The maximum per page fee a Court Reporter may charge for the preparation of a private appeal transcript shall be Five Dollars ($5.00).
Page 22 | SECTION TWO. Salaries and Per Page Fees
A Court Reporter may charge a minimum fee of $45.00 for any transcript.
With respect to any transcript, the Court Reporter may charge a minimum fee of Forty-Five Dollars ($45.00).
Page 22 | SECTION TWO. Salaries and Per Page Fees
A Court Reporter may charge a reasonable amount for necessary supplies, materials, and equipment used to prepare, bind, and electronically transmit a transcript.
A reasonable charge for office supplies and any other necessary materials and equipment required and utilized for preparing, binding, and electronic transmission of a transcript may be charged by the Court Reporter.
Page 22 | SECTION TWO. Salaries and Per Page Fees
A Court Reporter may charge an additional labor fee at the reporter’s current hourly rate for time spent binding a transcript and exhibits.
An additional labor charge equal to the hourly rate for the Court Reporter at the time the transcript is being prepared may be charged by the Court Reporter for the time spent binding any transcript and exhibits.
Page 22 | SECTION TWO. Salaries and Per Page Fees
Adjournment & Extension Requirements
Joint motions for continuance are decided summarily ex parte at filing unless the Court exercises its discretion to schedule a hearing.
At the time of filing, the following motions shall be summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing should be scheduled on any such motion and schedules such hearing: 5. Joint Motion for Continuance
Page 5 | HEARING NOT REQUIRED
Initial motions for enlargement of time are decided summarily ex parte at filing unless the Court exercises its discretion to schedule a hearing.
At the time of filing, the following motions shall be summarily granted or denied ex parte unless the Court, in its discretion, determines a hearing should be scheduled on any such motion and schedules such hearing: 1. Motion for Enlargement of Time (initial request)
Page 5 | HEARING NOT REQUIRED
A continuance motion must state the scheduled date, reason, desired length of delay, and whether opposing counsel agrees or disagrees.
A motion for continuance shall set forth the scheduled date, the reason for continuance, the specific length of time the moving party desires the cause to be delayed, and reference as to whether opposing counsel agrees or disagrees to a continuance of the scheduled hearing or trial.
Page 5 | CONTINUANCES
A request to continue a jury trial must be filed at least 21 days before trial unless good cause is shown for not requesting it sooner.
D. Any request to continue any jury trial shall be filed no later than twenty-one (21) days prior to the date the trial is scheduled to begin unless good cause is shown for failure to request a continuance of a jury trial sooner.
Page 8 | PLEA AGREEMENT DEADLINE AND CONTINUANCE OF CRIMINAL JURY TRIALS
Failure to comply with discovery orders may provide grounds to continue a jury trial, with the resulting delay attributed to the noncomplying party.
E. Failure to comply with discovery orders may constitute adequate grounds for either continuance of jury trials (with delay attributable to the party failing to comply with discovery orders) or appropriate sanctions against the party failing to comply with discovery orders.
Page 8 | PLEA AGREEMENT DEADLINE AND CONTINUANCE OF CRIMINAL JURY TRIALS
Chambers Communication Rules
The defendant must notify the Clerk of the Court of any address change within 72 hours.
Defendant shall notify the Clerk of the Court of any change of address within 72 hours
Page 15 | TERMS AND CONDITIONS OF BOND
When a special judge is needed under the specified rules, the judge on the case must notify the District’s administrative judge, who must make the assignment within five days.
In the event it becomes necessary to appoint a special judge under Section H of Trial Rule 79 of the Indiana Rules of Trial Procedure or Indiana Rules of Criminal Procedure, the judge on the case shall send notice of the need of the appointment of a special judge to the District’s administrative judge who shall then make such assignment within five (5) days of receiving said notice.
Page 26 | APPOINTMENT OF SPECIAL JUDGES
Use the county website or court directory for local court contact information, and contact the local court directly with the listed questions.
For local court contact information, visit the county's official website or see our directory of courts and clerks. Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.
Page 1 | Harrison County