Lawrence County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
Adjournments
- A continuance request must state its grounds and the opposing side’s position (or why it was not contacted), and requesting counsel must contact the Court with a rescheduling date acceptable to opposing counsel and the Court.
- The continuance rule also applies to small claims, except that the affidavit-filing requirements in paragraph B do not apply.
- The Court may extend the time to complete discovery for good cause shown.
- +2 more
Request must include
- Continuance motions or stipulations must be filed as soon as the cause is discovered and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
- A motion for continuance in a jury trial must be filed 30 days in advance.
Document Format Requirements12 rules
Non-documentary and oversized exhibits shall not be sent to the Appellate level Court, but shall remain in the custody of the trial court or the Administrative Agency during the appeal. Such exhibits shall be briefly identified in the Transcript where they were admitted into evidence.
The lines shall be at least one and one-half space except for quotations, which shall be indented and single-spaced.
- Line spacing
- 1.5 lines
Except for affidavits or supporting materials originally written by hand, or 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.
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.
- Margins
- 1 inch
Formatting
- •Binding or stapling must be at the top left and nowhere else
- •Covers or backing must not be used
A motion for continuance made outside trial or a hearing must be written and state its grounds, whether all opposing counsel or parties were contacted, their position, or why they were not contacted.
Court's wording
Unless made during trial or hearing, a motion for continuance shall be in writing and state with particularity the following: the grounds for such request; that all opposing counsel or parties have been contacted; 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.
No mimeographed or otherwise duplicated forms of interrogatories or requests for admissions shall be filed or served upon a party unless all interrogatories or requests for admissions 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 mimeographed or otherwise duplicated forms of interrogatories or requests for admissions, except where the nature of the case or the number of the parties makes the use of such forms necessary and feasible.
Interrogatories and requests for admissions requiring answers must use consecutive Arabic numerals, and sub-questions are prohibited.
- Interrogatories
- Requests for admission
Formatting
- •Sub-questions are not permitted
Court's wording
Each interrogatory or request for admissions requiring an answer shall be numbered individually and consecutively by simple Arabic numerals; no question shall be phrased or numbered by the use of parentheses or letters in a way to make it a sub-question to another interrogatory. No sub-questions are permitted.
The Physician’s Report must substantially comply with the court’s Guardianship Physician’s Report Form.
Court's wording
The Physician’s Report shall substantially comply with the GUARDIANSHIP PHYSICIAN’S REPORT FORM, which can be obtained from the Clerk of the Court or by visiting the Court’s website at: https://lawrencecounty.in.gov/justice/lawrence-circuit-court.
Under no circumstances should drugs, currency, or other dangerous or valuable items be included in appellate records.
Further, upon request of a Court, parties may be required to submit proposed orders on disc in “Word” format.
Photographs of any exhibit may be included in the volume of documentary exhibits.
Photocopies are acceptable if legible.
Formatting
- •Photocopies are acceptable if legible
Document Filing Requirements20 rules
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.
A party offering biologically contaminated evidence must file a pretrial notice with the court.
Court's wording
A party that 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.
A Court Reporter shall annually report all transcript and deposition fees received to the Office of Judicial Administration on such forms as may be prescribed.
A pleading seeking immediate Court action must include a proposed order and identify the filing as an “emergency” in its heading.
- Document
- Emergency pleading
Must include
- •Proposed order
Court's wording
When immediate action by the Court is sought upon a filed pleading, the pleading shall be delivered immediately to the Court along with a proposed order. The pleading shall indicate, as a heading, that the filing is an “emergency.”
Pleadings filed in cases wherein a Special Judge has assumed jurisdiction shall state the name of the Special Judge immediately below the caption.
- Document
- Pleading
- Placement
- Caption
Unless the setting of 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 prior to a ruling by the court.
Before entry of an order granting a listed motion or application, the moving party or applicant must provide a proposed order unless the Court directs otherwise; the requirement does not apply to judgments on jury general verdicts or decisions to be announced by the Court.
- Document
- Motion or application
Must include
- •Proposed order
Court's wording
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 a proposed order in the following matters: 1. Enlargement of time; 2. continuance containing a blank space 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 to be announced by the Court.
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.
Before issuing a civil body attachment in a proceedings supplemental, the Court must issue notice or a CCS entry to the debtor’s last known address stating that the attachment issued and what the debtor must do to satisfy its reason, unless the Court directs otherwise.
Court's wording
Unless otherwise directed by the Court, when a civil body attachment is to be issued by a Court and delivered to the sheriff in a proceedings supplemental, the Court from which the proceedings supplemental is pending, shall first issue a written notice or CCS entry to the judgment debtor/defendant to their last known address. Such letter or notice shall inform the judgment debtor that a civil body attachment has been issued and he/she must satisfy the reason such attachment was issued as specified in such notice/CCS entry.
A written motion is also required as follows: to compel compliance with this rule; for additional discovery not covered by this rule; for a protective order seeking exemption for the provisions of this rule; or for an extension of time to comply with this rule.
To obtain discovery under the criminal discovery rules, the defendant must send the State a written request in the specified short form.
Court's wording
In order to obtain discovery pursuant to these rules, the Defendant shall provide a written request to the state. Such written requests shall be, in short form, as follows: “Defendant requests discovery from the State of Indiana pursuant to Local Rule TR26-111.C.”
Any such waiver request must specify the information needed, that additional interrogatories are the most expeditious way to obtain such needed information, and how many additional interrogatories are believed necessary.
Answers and objections must reproduce the interrogatory or request immediately before the answer or objection.
Court's wording
Answers or objections to interrogatories or requests for admissions shall set forth in full the interrogatory being answered or objected to immediately preceding the answer or objection; if a request for admission is being denied, admitted, or objected to, the requested admission shall be set forth immediately preceding the answer or objection.
Any party may object to mediation by filing a written objection specifying the grounds.
The Court will not make a determination on the petition without the Physician’s Report or testimony at the hearing.
Preliminary and initially proposed Final instructions shall be filed with the Court no later than ten (10) days in advance, unless otherwise ordered by the Court, of the commencement of trial.
A Guardian’s Information Sheet must be completed and filed with any petition seeking to establish a temporary or permanent guardianship or a protective order pursuant to I.C. § 29-1-3-4 et. seq., as amended.
In adult-incapacity guardianship proceedings, the treating doctor’s Physician’s Report or other evidence required by the Court must be presented with the petition or on the hearing date.
Court's wording
A. Physician’s Report: In all guardianship proceedings seeking to declare an adult incapacitated, a Physician’s Report by the doctor treating the alleged incapacitated person, or such additional evidence the Court may require, shall be presented to the Court with the filing of the petition or on the date of the hearing.
The Court will not act upon the petition until the Guardian’s Information Sheet is completed and filed.
The Guardian’s Information Sheet must be filed in compliance with Indiana Trial Rule 5(G) and the Indiana Rules on Access to Court Records, Rule 5.
Filing & Service rules
Filing Timing and Cure Windows
When immediate Court action is sought on a filed pleading, deliver it immediately to the Court with a proposed order.
When immediate action by the Court is sought upon a filed pleading, the pleading shall be delivered immediately to the Court along with a proposed order.
Page 13 | Section 12: Filing of Cases
A request to waive the interrogatory limit may be made only after the original service and answer of twenty interrogatories.
Requests for waiver on the limitation of a number of interrogatories may only be made to the Court following original service and answer of twenty (20) interrogatories.
Page 18 | Section 17: Discovery
Preliminary and initially proposed final jury instructions must be filed at least 10 days before trial unless the Court orders otherwise.
Preliminary and initially proposed Final instructions shall be filed with the Court no later than ten (10) days in advance, unless otherwise ordered by the Court, of the commencement of trial.
Page 21 | Section 22: Trials and Juries
Unless the Court orders otherwise, parties may file and exchange trial briefs at least five working days before trial.
Unless ordered otherwise, Trial Briefs may be filed and exchanged by the parties at least five (5) working days before trial.
Page 14 | Section 13: Motions
Opposing parties may file a brief or memorandum within the time allowed by the Trial Rules.
Opposing parties may file a brief or memorandum within the time prescribed by the Trial Rules.
Page 14 | Section 13: Motions
Service and Proof of Service Rules
The court must mail notice of the evidence-destruction date to attorneys of record and unrepresented parties, who must keep the court informed of their current addresses; notice to the last current address is sufficient.
In all cases, the court shall provide actual notice, by mail, to all attorneys of record and to parties only if unrepresented by counsel, 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 8 | Section 5: Evidence Retention and Disposition, D. Notification and Disposition, 1. Notification
A party offering biologically contaminated evidence must serve all parties with the pretrial notice.
A party that 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 9 | Section 5: Evidence Retention and Disposition
Consent to alternate service remains valid until a written revocation is filed with the Courts of Lawrence County.
Consent to Alternate Service under this rule shall remain valid until a revocation in writing has been filed with the Courts of Lawrence County.
Page 12 | Section 10: Service
An attorney or firm assigned a Courthouse mailbox is deemed to have consented to service there.
Courthouse mailboxes shall be assigned to each Lawrence County attorney or firm, or attorneys who shall be deemed to have consented to service therein.
Page 12 | Section 10: Service
Deposits of notices, pleadings, process, orders, or other communications in an assigned mailbox constitute accepted service under Trial Rule 5.
Deposits made in any assigned mailbox of notice, pleadings, process, orders, or other communications made shall be deemed to constitute and be accepted as service in compliance with Trial Rule 5.
Page 12 | Section 10: Service
Notice of a revocation must be given to all Courts and Lawrence County Bar members who consented to alternative service.
Notice of the revocation shall be given to all Courts and members of the Lawrence County Bar who have consented to alternative service
Page 12 | Section 10: Service
An attorney or firm consenting to mailbox service must check the mailbox at least weekly and pick up items left there.
Such consent shall require regular (at least weekly) appearance at such location and the picking up of any items left in such mailbox.
Page 12 | Section 10: Service
Pleadings must be served pursuant to Indiana Trial Rule 5.
Pleadings shall be served pursuant to TR 5.
Page 13 | Section 11: Pleadings
A copy of a supporting brief or memorandum must be promptly served on the adverse party.
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.
Page 14 | Section 13: Motions
A person served with an attachment outside Court hours must be taken to jail and post the indicated bond; after release, the person must appear at the designated time or risk contempt and another attachment without bond.
If the attachment is served outside of Court hours, he/she shall be taken to the jail and required to post the amount of bond indicated to guarantee his/her appearance in Court. Upon posting of the bond, he/she will be released with the admonition to appear in the appropriate Court at a designated time or be subject to a finding of contempt and issuance of another body attachment without bond.
Page 15 | Section 15: Service by Sheriff; Attachment
After the State’s disclosure, the defendant must disclose and furnish to the State all relevant items and information required by the rule within 15 days.
The Defendant shall then disclose and furnish all relevant items and information as requested by this rule to the State within fifteen (15) days after the State’s disclosure.
Page 16 | Section 17: Discovery
In jury-triable civil cases, final witness and exhibit lists must be exchanged as directed by the Court’s pre-trial orders.
In all cases triable by jury, final lists of witnesses and exhibits shall be exchanged pursuant to pre-trial orders of the Court.
Page 16 | Section 17: Discovery
Interrogatories and requests for admissions must not be filed with the Court, and the serving person must notify the Court in writing of service and the answer date.
1. Interrogatories and requests for admissions to be served upon another party shall not be filed with the Court. The person serving interrogatories or requests for admissions shall notify the Court in writing of the service of such and the date upon which answers are to be made.
Page 17 | Section 17: Discovery
Lawrence County attorneys and law firms may use assigned Courthouse mailboxes to receive notices, pleadings, process, orders, and other communications from the courts, Clerk, and other attorneys or firms.
Any Lawrence County attorney or any firm of attorneys may, without charge, maintain an assigned Courthouse mailbox in the central Lawrence County Courthouse. Such boxes are for the receipt of notices, pleadings, process, orders, or other communications from the Lawrence Circuit and Superior Courts or the Clerk, and other attorneys and law firms.
Page 12 | Section 10: Service
Filing Fees and Waivers
A $100 admission fee applies to felony participants in the Veterans Treatment Program.
Admission Fee: $100.00 for a felony offense
Page 5 | Problem-Solving Court Cases
Misdemeanor participants in the Veterans Treatment Program pay a $20 monthly user fee beginning in their second month of participation.
$20.00 for a misdemeanor offense per month beginning the second month of participation.
Page 5 | Problem-Solving Court Cases
The Lawrence Superior Court I Domestic Violence Court program fee is $35 per month.
PROGRAM FEE: $35.00 per month
Page 5 | Problem-Solving Court Cases
Felony participants in the Veterans Treatment Program pay a $30 monthly user fee beginning in their second month of participation.
User fee: $30.00 for a felony offense
Page 5 | Problem-Solving Court Cases
The Lawrence Superior Court II Drug Treatment Court program fee is $35 per month.
PROGRAM FEE: $35.00 per month.
Page 5 | Problem-Solving Court Cases
Deferral participants pay $35 per month to the Clerk of the Court at the stated Bedford address.
Deferral Participant: $35.00 per month payable to the Clerk of the Court located at 916 15th Street, Room 31, Bedford, Indiana.
Page 5 | Problem-Solving Court Cases
The Veterans Treatment Court has adopted, by local court rule, a schedule of fees assessed for problem-solving court services. Fees are to be paid to the Clerk of Lawrence Circuit Court located at 916 15th Street, Room 31, Bedford, Indiana.
The Veterans Treatment Court has adopted, by local court rule, a schedule of fees assessed for problem-solving court services. Fees are to be paid to the Clerk of Lawrence Circuit Court located at 916 15th Street, Room 31, Bedford, Indiana.
Page 5 | Problem-Solving Court Cases
Fees shall be paid to the Clerk of the Court located at 916 15th Street, Room 31, Bedford, Indiana. The clerk of the Court shall collect and transmit these fees within thirty (30) days after the fees are collected. The Clerk shall deposit funds at the Lawrence County Auditor’s Office into fund 9924.
Fees shall be paid to the Clerk of the Court located at 916 15th Street, Room 31, Bedford, Indiana. The clerk of the Court shall collect and transmit these fees within thirty (30) days after the fees are collected. The Clerk shall deposit funds at the Lawrence County Auditor’s Office into fund 9924.
Page 5 | Problem-Solving Court Cases
A $50 admission fee applies to misdemeanor participants and is assessed when the participation agreement is signed.
$50.00 for a misdemeanor offense assessed at the time the participation agreement is signed
Page 5 | Problem-Solving Court Cases
A $3.00 fee is charged for each disc.
an additional $3.00 fee will be charged for each disc
Page 11 | Court Reporter Services
A fee of $8.00 is charged for each USB thumb drive.
$8.00 for each USB thumb drive.
Page 11 | Court Reporter Services
Binding costs on appealable transcripts are charged at $17.75 per hour.
A fee of $17.75 per hour will be charged for binding costs on appealable transcripts.
Page 11 | Court Reporter Services
The Volume of Exhibits incurs the designated per-page fee and a $17.75 hourly binding rate.
The Volume of Exhibits will be charged at the designated per-page fee and the hourly rate of $17.75 to bind the same.
Page 11 | Court Reporter Services
The Table of Contents and Index incur the designated per-page fee, binder costs, and a $17.75 hourly binding rate.
The Table of Contents and Index will be charged at the designated per-page fee in addition to binder costs and the hourly rate of $17.75 to bind the same.
Page 11 | Court Reporter Services
A $7.00 fee is charged for each binder needed.
A $7.00 fee will be assessed for each binder needed
Page 11 | Court Reporter Services
The Prime for Life course costs $150.00.
Prime for Life course: $150.00.
Page 12 | Section 9: Program User Fees
The case management fee for other jurisdiction is $200.00.
Case Management fee for other jurisdiction: $200.00.
Page 12 | Section 9: Program User Fees
The transfer out fee is $100.00.
Transfer out fee: $100.00.
Page 12 | Section 9: Program User Fees
All Court Alcohol and Drug Program fees must be paid to the Clerk of the Court.
All Court Alcohol and Drug Program Fees are payable to the Clerk of the Court.
Page 12 | Section 9: Program User Fees
The monthly case management fee is $35.00 beginning in the second month of participation, capped at $1,400.00 per case.
Monthly Case Management Program fee of $35.00 per month, beginning on the second month of participation – not to exceed $1,400.00 per case.
Page 12 | Section 9: Program User Fees
The Substance Abuse Information Class costs $100.00.
Substance Abuse Information Class: $100.00.
Page 12 | Section 9: Program User Fees
Drug Treatment Court user fees must be paid to the Clerk of the Court.
Drug Treatment Court User Fees are payable to the Clerk of the Court.
Page 12 | Section 9: Program User Fees
Assessment, referral, and monitoring costs $300.00 for either a misdemeanor or felony conviction.
Assessment, Referral, and Monitoring: $300.00 for misdemeanor conviction; $300.00 for felony conviction.
Page 12 | Section 9: Program User Fees
The Drug Treatment Court assessment fee is $100.00.
Assessment fees of $100.00;
Page 12 | Section 9: Program User Fees
Lawrence County attorneys and law firms may maintain an assigned Courthouse mailbox without charge.
Any Lawrence County attorney or any firm of attorneys may, without charge, maintain an assigned Courthouse mailbox in the central Lawrence County Courthouse.
Page 12 | Section 10: Service
Filing Bundling Requirements
A supporting brief or memorandum, if filed, must accompany the motion, and a copy must be promptly served on the adverse party.
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.
Page 14 | Section 13: Motions
Pre-Motion Conference Requirements
Before the Court will rule on the specified discovery motions, the moving party must consult personally and sincerely attempt resolution, then advise the Court in writing of the impasse and specific efforts; the Court may act if counsel reports refusal or delay in meeting.
E. Cooperation in Discovery. To curtail undue delay in the administration of justice, the Court shall refuse to rule on any and all motions for discovery concerned with the production of documents or things, permission to enter upon land or other property for inspection and other purposes, for physical or mental examinations, or to compel discover, all as provided in TR-26, unless the moving party shall first advise the Court in writing that after personal consultation and sincere attempts to resolve differences, the parties are unable to reach an accord on such discovery request. The Court shall be advised in writing as to what specific efforts have been made. If counsel for any party advises the Court in writing that opposing counsel has refused or delayed meeting to discuss the matters covered in this subsection, the Court may take such action as is appropriate to avoid delay, including, but not limited to, sanctions.
Page 18 | Section 17: Discovery
By filing an emergency pleading or requesting an emergency hearing, the filer consents to hearings at irregular Court hours and with reduced notice.
Upon filing a pleading entitled “emergency” or requesting an “emergency hearing,” the attorney and/or party filing same consents to hearings that may be set at irregular Court hours (e.g., early morning or evening), and with reduced notice to the attorney and parties.
Page 13 | Section 12: Filing of Cases
Adjournment & Extension Requirements
A continuance request must state its grounds and the opposing side’s position (or why it was not contacted), and requesting counsel must contact the Court with a rescheduling date acceptable to opposing counsel and the Court.
Unless made during trial or hearing, a motion for continuance shall be in writing and state with particularity the following: the grounds for such request; that all opposing counsel or parties have been contacted; 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. Counsel requesting such continuance shall contact the Court with a proposed date for the rescheduling of the case, which is acceptable to opposing counsel and the Court.
Page 15 | Section 16: Motion for Continuance
Continuance motions or stipulations must be filed as soon as the cause is discovered and no later than seven days before the scheduled date, unless an affidavit shows the reason arose within that seven-day period.
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 therefore is shown by affidavit to have occurred within such seven (7) day period.
Page 15 | Section 16: Motion for Continuance
A motion for continuance in a jury trial must be filed 30 days in advance.
Such time for filing shall not apply to jury trials, for which motions for continuance shall be filed thirty (30) days in advance.
Page 16 | Section 16: Motion for Continuance
Criminal discovery disclosure deadlines may be modified by a filed written agreement of counsel and leave of the Court.
Disclosure deadlines may be modified by a filed written agreement of counsel and by leave of the Court.
Page 16 | Section 17: Discovery
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 16 | Section 17: Discovery
The continuance rule also applies to small claims, except that the affidavit-filing requirements in paragraph B do not apply.
The provisions of the rule shall also apply to small claim matters, excepting the requirements for filing of affidavits in paragraph B above.
Page 16 | Section 16: Motion for Continuance
The Court may continue a guardianship appointment hearing to allow appointment of a guardian ad litem or attorney for the alleged incapacitated person.
The Court may, in its discretion, determine that the alleged incapacitated person should have a guardian ad litem or attorney appointed to represent his or her interests, and the hearing for the appointment of a guardian for the alleged incapacitated person may be continued by the Court for that purpose.
Page 22 | Section 23: Guardianships
Chambers Communication Rules
Before a body attachment is issued, the plaintiff’s attorney must request that the Court place a bond on the debtor, with the amount left to the Court’s discretion and applicable law.
Prior to issuing the body attachment, the plaintiff’s attorney will request that the Court place a bond upon the judgment debtor/defendant; such bond may be fixed within the discretion of the Court and applicable law.
Page 15 | Section 15: Service by Sheriff; Attachment
A plaintiff or plaintiff’s counsel must respond forthwith to Court personnel’s telephone request to appear at the hearing; requesting a body attachment is deemed consent to immediate notice to appear.
Plaintiff, if unrepresented, and/or counsel for plaintiff, will respond to the telephone request by Court personnel to appear at the hearing forthwith, and counsel will be deemed to have consented to such notice to immediately appear by requesting a body attachment.
Page 15 | Section 15: Service by Sheriff; Attachment