Hendricks County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
Pre-trial motions for bond reduction or pretrial release shall be presented to the Court in writing and proper notice of the hearing scheduled thereon shall be given to the prosecuting attorney.
Formatting
- •Must be presented to the Court in writing
Document Filing Requirements9 rules
In the event the prosecutor declines to file charges against an individual who has been arrested – whether released on bond from the Hendricks County Jail or not – the prosecutor shall file a notice of declination of criminal charges. This notice shall be assigned an MC case type.
When a defendant has a pending criminal case in the Hendricks Circuit or Superior Courts, the Hendricks County Prosecuting Attorney shall file all search warrant requests as MCs in the court presiding over the criminal case.
All proposed orders shall contain a complete distribution list of all attorneys, self- represented litigants, and CASAs/GALs with full addresses, including email addresses.
Stamped envelopes appropriately addressed for each self-represented litigant and entity on the distribution list shall be provided for all proposed orders filed in MFs and XPs only.
Each motion, petition or other request for relief shall be accompanied by a proposed order. Proposed orders must be set forth on a separate page from the motion and must be filed as a separate document.
- Document
- Motion or request for relief
Must include
- •Proposed order
A party offering biologically contaminated evidence must file a pretrial notice with the trial court before trial.
Court's wording
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 can consider the issue and rule appropriately before trial.
If the bond provided is inappropriate under the circumstances, the prosecuting attorney shall bring such circumstances to the attention of the Court by written motion.
Persons arrested for the specified driving offenses must complete a Promise to Appear form before release without bond.
Court's wording
After being processed by the Hendricks County Sheriff and completing the “Promise to Appear” form, persons arrested for driving while suspended pursuant to IC 9-24-19-2 or -3 or no valid license pursuant to IC 9-24-18-1 shall be released without bond.
A. All cash bonds shall be posted with the Hendricks County Clerk or the Hendricks County Sheriff only after the defendant signs a personal appearance bond.
Filing & Service rules
Electronic Filing Rules
Attorneys and unrepresented litigants filing proposed orders electronically through the Indiana E-Filing System must select the “Proposed Order Filed” code.
Attorneys or unrepresented litigants shall select the Filing Code “Proposed Order Filed” for all proposed orders filed electronically using the Indiana E-Filing System.
Page 13 | LR32-AR00 Rule 4 — Proposed Orders
Service and Proof of Service Rules
A party offering biologically contaminated evidence must serve the pretrial notice on all parties.
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 can consider the issue and rule appropriately before trial.
Page 14 | LR32-AR00 Rule 5 — Evidence Handling, Retention, and Disposition, E. Biologically Contaminated Evidence
Delivery of a pleading or notice to an attorney’s Hendricks County Courthouse mailbox constitutes service.
Delivery of a pleading or notice to an attorney’s Hendricks County Courthouse mailbox constitutes service pursuant to Indiana Rule of Trial Procedure 5(B)(1)(d).
Page 20 | LR32-TR5 Rule 2 Courthouse Mail
The prosecuting attorney must receive proper notice of the hearing scheduled on a bond-reduction or pretrial-release motion.
Pre-trial motions for bond reduction or pretrial release shall be presented to the Court in writing and proper notice of the hearing scheduled thereon shall be given to the prosecuting attorney.
Page 23 | Alteration of Release Status
Filing Fees and Waivers
Drug Court participants must pay a $100 administration fee upon admission for initial services.
Participants admitted to the Hendricks County Superior Court No. 4 Drug Court shall be assessed a problem-solving court administration fee of one hundred dollars ($100.00) for initial problem-solving court services upon admission into the program.
Page 15 | LR32-AR00 Rule 7, B
Drug Court participants must pay a $50 monthly user fee beginning in their second month and continuing through participation.
Participants admitted to the Hendricks County Superior Court No. 4 Drug Court shall be assessed a monthly user fee of fifty dollars ($50.00) beginning with the second month of participation and for each month thereafter for the duration of their participation in the program.
Page 15 | LR32-AR00 Rule 7, C
A person convicted in a qualifying criminal case must pay a $200 substance abuse fee, which may be waived if either stated treatment condition is met.
In any criminal case where substance is alleged to have been a contributing factor, the person convicted shall be ordered to pay a substance abuse fee of two hundred dollars ($200.00). C. The substance abuse fee may be waived if the person is actively involved in a substance abuse treatment program at the time of sentencing or successfully completed a substance abuse treatment program as a result of the charge for which the person is currently being sentenced.
Page 15 | LR32-AR00 Rule 6, B–C
Drug Court participants are responsible for the costs of any confirmatory tests.
Participants shall also be responsible for the costs of any confirmatory tests.
Page 16 | LR32-AR00 Rule 7, D
Drug Court participants are responsible for chemical testing fees and must pay $8 for each urine drug screen at the time of testing.
Participants admitted to Hendricks County Superior Court No. 4 Drug Court shall be responsible for all chemical testing fees. Participants shall be assessed eight dollars ($8.00) per urine drug screen at the time of testing.
Page 16 | LR32-AR00 Rule 7, D
A person required to attend a behavioral change class in a qualifying criminal or diversion case must pay $50, but the judge may waive the fee at any time.
In criminal cases where the offender is ordered to attend a behavioral change class or is required to attend a behavioral change class as part of a diversion program offered by the Hendricks County Prosecuting Attorney, the person shall be ordered to pay a behavioral change class fee of fifty dollars ($50). C. The behavioral change class fee may be waived by the Judge at any time.
Page 16 | LR32-AR00 Rule 8, B–C
The Clerk must retain an administrative fee from each cash bond in criminal cases, capped at the lesser of 10% of the deposit or $50.
B. The Hendricks County Clerk shall retain a portion of each cash bond posted in criminal cases as an administrative fee in all cases pending in the Hendricks County Courts. The administrative fee shall not exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50.00), whichever is less.
Page 27 | Cash Bonds
A court reporter may charge no more than $5.25 per page to prepare a county indigent transcript.
The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $5.25.
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge an additional fee of up to $1.00 per page for expedited transcripts.
Court reporters may charge up to an additional $1.00/page for expedited transcripts.
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge $1.20 per diskette case purchased with personal funds.
e. Diskette case $1.20/case
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge $1.00 per binder purchased with personal funds.
b. Binders $1.00/binder
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge $0.40 per computer disk purchased with personal funds.
c. Computer disk $0.40/disk
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
A minimum transcript fee of $40.00 may be charged for any transcript.
A minimum transcript fee of $40.00 may be charged for any transcript.
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge $0.70 per diskette pocket purchased with personal funds.
d. Diskette pocket $0.70/pocket
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
A court reporter may charge no more than $5.25 per page to prepare a state indigent transcript.
The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $5.25.
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge $0.05 per sheet for paper purchased with personal funds.
a. Paper $0.05/sheet
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge an additional fee of up to $1.00 per page for transcripts prepared under the Indiana Rules of Appellate Procedure.
Court reporters may charge up to an additional $1.00/page for transcripts prepared in accordance with the Indiana Rules of Appellate Procedure.
Page 12 | LR32-AR15 Rule 3 C. Appellate Transcripts
A court reporter may charge no more than $5.25 per page to prepare a private transcript.
The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $5.25.
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Court reporters may charge their hourly compensation rate for labor spent binding transcripts and copying and binding exhibits.
Court reporters may charge an additional hourly labor charge for time spent binding the transcripts and copying the exhibits and binding the exhibits. This labor charge shall be equivalent to the court reporter’s hourly compensation rate.
Page 12 | LR32-AR15 Rule 3 B. Salaries and Per Page Fees
Drug Court participants may be charged for services resulting from Court referrals, with fees payable to the service provider.
Participants may be assessed a fee for services received as a result of referrals made by the Court, including mental health services, health services, and monitoring services. Fees for those services are payable to the entity providing the service.
Page 16 | LR32-AR00 Rule 7, E