Parke County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion for continuance must state the reason, prior requests, whether opposing counsel was advised, the original hearing or trial date and time, the approximate delay needed, and a good-faith estimate of hearing or trial duration.
Request must include
Document Filing Requirements16 rules
Trial-setting and other evidentiary-hearing requests must be filed and state the type of trial or hearing and a good-faith estimate of court time after consultation with opposing parties.
Court's wording
3.1 All requests for trial settings or other evidentiary hearings shall be filed and shall contain the following information: A) Type of trial or hearing (I.E. jury trial, bench trial, final hearing, fact finding hearing) B) An honest, good faith estimate (after consultation with the opposing party/parties) of the Court time needed for the trial of hearing.
B. Sufficient number of copies of such proposed Order as follows: Original for Court, one copy for each attorney and/or pro se litigant, with envelopes appropriately addressed and postage pre-paid where necessary.
A. Contain a distribution list of all attorneys and/or pro se litigants with full addresses.
No Motion or Petition or other request for relief shall be filed without a proposed Order.
C. After a special judge is selected, the caption of all pleadings filed thereafter shall designate “Before Special Judge _______________” immediately below the cause number.
- Document
- Pleading
- Placement
- Caption
A withdrawal of appearance must be written and approved by the Court, and may be allowed only after client notice is given and filed or new counsel enters an appearance simultaneously.
Court's wording
7.1 All withdrawals of appearance shall be in writing and by leave of Court. Permission to withdraw shall be given only after the withdrawing attorney has given his client written notice of his intention to withdraw and has filed a copy of such with the Court or upon a simultaneous entering of appearance by new counsel for said client.
The supervising court must enter a written agreement specifying how court reporters are compensated for gap and overtime hours, through monetary compensation or compensatory time off regular work hours.
Court's wording
(1) Court Reporters shall be paid an annual salary for time spent working under the control, direction and direct supervision of their supervising court during any regular work hours, gap hours or overtime hours. The supervising court shall enter into a written agreement with the court reporters which outlines the manner in which the court reporter is to be compensated for gap and overtime hours; i.e. monetary compensation or compensatory time off regular work hours.
If a court reporter in private practice wants to use court equipment, workspace, or supplies, the court and reporter must enter a written agreement specifying the reasonable market rate, recordkeeping method, and reimbursement method.
Court's wording
(1) If a court reporter elects to engage in private practice through the recording of a deposition and\or preparing of a deposition transcripts, and the court reporter desires to utilize the court’s equipment, work space and supplies, the court agrees to the use of the court equipment for such purposes, the court and 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, 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.
At least annually, each court reporter must report fees received for county indigent, state indigent, and private transcripts to the Indiana Supreme Court Division of State Court Administration using its prescribed forms.
Court's wording
(6) 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 Division of State Court Administration. The reporting shall be made on forms prescribed by the division of state court administration.
At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence and the receipt will be made a part of the Court file.
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.
The notice must state that evidence will be destroyed by a specified date if it is not retrieved before then.
Court's wording
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.
ALL FEE PETITIONS must specifically set forth the fee requested.
Fee petitions requesting extraordinary fees must set forth services rendered with specificity.
If all interested persons sign a waiver and consent stating that they have been advised of a request for extraordinary fees or fees exceeding the guidelines, a hearing may not be required.
Opposing counsel are further requested, where possible, to submit to the Court proposed alternative Orders.
Filing & Service rules
Electronic Filing Rules
Pleadings may be filed by fax if the fax transmission includes its source.
5.1 The Parke Circuit Court will accept pleadings by FAX so long as FAX transmission includes the FAX source.
Page 3 | LOCAL RULE 5 — FAX TRANSMISSION
Filing Timing and Cure Windows
The Clerk must file-mark fax pleadings on the date they are received.
The Clerk shall file mark said pleadings on the date of receipt.
Page 3 | LOCAL RULE 5 — FAX TRANSMISSION
A faxed pleading is subject to a motion to strike if the signed copy of the fax original is not delivered within five days.
5.2 Failure to deliver the signed copy of the FAX original within five (5) days shall make such pleading subject to a Motion to Strike.
Page 3 | LOCAL RULE 5 — FAX TRANSMISSION
A party who transmits a pleading by fax must mail a copy to the Clerk within five days, and the mailed pleading must bear transmitting counsel's original signature.
The party transmitting pleadings by FAX must deliver a copy or forward a copy of said pleading to the Clerk within five (5) days by regular mail. The mailed pleading must include the original signature of transmitting counsel.
Page 3 | LOCAL RULE 5 — FAX TRANSMISSION
A withdrawal request must be filed at least ten days before trial, unless good cause is shown.
The Court will not grant a request for withdrawal of appearance unless the same has been filed with the Court at least ten (10) days prior to trial date, except for good cause shown.
Page 5 | LOCAL RULE 7 — WITHDRAWAL OF APPEARANCE
Service and Proof of Service Rules
Pleadings may be served through the Judge’s Office Mail Boxes for attorneys who have such boxes.
Pursuant to Trial Rule 5(B)(1)(D), the Circuit Court hereby designates the “Mail Boxes” located in the Judge’s Office as a suitable place for service of pleadings upon attorneys who have such boxes.
Page 2 | LOCAL RULE 1 — FILING OF PLEADINGS AND SERVICE
D. A copy of each pleading or each paper filed with the Court after a special judge has qualified shall be mailed or delivered to the office of that special judge by the counsel or litigant with service indicated on the certificate of service.
D. A copy of each pleading or each paper filed with the Court after a special judge has qualified shall be mailed or delivered to the office of that special judge by the counsel or litigant with service indicated on the certificate of service.
Page 4 | LOCAL RULE 6 — SPECIAL JUDGE ASSIGNMENT IN CIVIL MATTERS
Copies of a petition must be sent with all notices for a hearing arising from matters contained in that petition.
9.2 Copies of petitions shall be sent with all notices where the hearing involved arises from the matters contained in the petition.
Page 6 | LOCAL RULE 9 — PROBATE RULES
When publication notice is required, the attorney must prepare and ensure proper publication, comply with statutory requirements, and provide adequate proof before bringing the matter to the Court.
9.1 Whenever notice by publication and/or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published and/or served by Certified Mail, Return Receipt Requested. In all respects, the notice shall comply with all statutory requirements. It shall be the attorney’s responsibility to ascertain and provide adequate proof thereof regarding whether notice was properly served prior to bringing the matter to the Court.
Page 6 | LOCAL RULE 9 — PROBATE RULES
Notice of an estate opening must be sent by first-class U.S. Mail to readily ascertainable creditors; certified mail with return receipt requested is recommended.
9.3 Notice of the opening of an estate shall be sent by First Class United States Mail to all readily ascertainable creditors, however, the use of Certified Mail, Return Receipt Requested, to serve such notice is recommended.
Page 6 | LOCAL RULE 9 — PROBATE RULES
Notice of a hearing on a petition to determine an estate insolvent must be served on all interested parties, including the local representative of the Indiana Department of Revenue’s Inheritance Tax Division.
9.4 Notice of the hearing to be held on a petition to determine an estate insolvent shall be served on all interested parties, including the local representative of the Inheritance Tax Division of the Indiana Department of Revenue.
Page 6 | LOCAL RULE 9 — PROBATE RULES
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.
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 12 | 12.3 RETENTION PERIOD FOR EVIDENCE INTRODUCED IN CRIMINAL CLASS B AND A FELONIES, MURDER AND ATTEMPTS — Biologically Contaminated Evidence
The Court must mail notice to attorneys of record and unrepresented parties stating the date by which evidence will be destroyed if it is not retrieved.
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.
Page 12 | 12.3 RETENTION PERIOD FOR EVIDENCE INTRODUCED IN CRIMINAL CLASS B AND A FELONIES, MURDER AND ATTEMPTS — Notification and Disposition
Filing Fees and Waivers
A person requesting an additional registered or certified mailing must pay its cost, currently $4.50 per item or the prevailing cost set by the clerk, or may provide certified mailing materials with postage prepaid.
If a person requests the clerk to send a mailing by registered or certified mail after the initial mailing, that person shall the cost of the mail. 2. The cost of additional mailing shall be $4.50 per item (or the prevailing costs as determined by the clerk), or the attorney/party can provide the certified mailing materials with postage pre-paid.
Page 17 | LOCAL RULE 16 — FAILURE TO PAY SERVICE FEE
Until the requester complies with the additional-mailing cost requirements, the clerk must not send the mailing or set a requested hearing and must notify the requester and note the noncompliance on the CCS.
If a person fails to comply with paragraph #2, then the clerk shall not issue the mailing(s) till compliance occurs. If the person requesting the mailing is also requesting that a hearing be set, no such hearing shall be set till compliance occurs. The clerk shall notify the person requesting the mailing of the non-compliance and note the same on the CCS.
Page 17 | LOCAL RULE 16 — FAILURE TO PAY SERVICE FEE
A court reporter may charge at most $4.50 per page plus $25 per hour for specified compilation work on a private transcript.
(4) The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $4.50, plus $25.00 per hour for compiling, indexing exhibits and compiling table of contents.
Page 9 | 11.2 SALARIES AND PER PAGE FEES.
A court reporter may charge at most $4.50 per page plus $25 per hour for specified compilation work on a state indigent transcript.
(3) The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $4.50, plus $25.00 per hour for compiling, indexing exhibits and compiling table of contents.
Page 9 | 11.2 SALARIES AND PER PAGE FEES.
The maximum expedited-transcript fee is $8.50 per page when preparation is required within 24 hours or less.
(5) A maximum per page fee for an expedited transcript shall be set at $8.50 per page. If the court reporter is requested to prepare an expedited transcript, the maximum per page fee shall be $8.50 where the transcript must be prepared within 24 hours or less; $7.00 where the transcript must be prepared within seven working days.
Page 9 | 11.2 SALARIES AND PER PAGE FEES.
A court reporter may charge at most $4.50 per page plus $25 per hour for specified compilation work on a county indigent transcript and must submit the claim directly to the county.
(2) The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $4.50, plus $25.00 per hour for compiling, indexing exhibits and compiling table of contents; the court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.
Page 9 | 11.2 SALARIES AND PER PAGE FEES.
No fee may be charged for a copy of a state or county indigent transcript.
(7) The Court Reporter will not charge a fee for a copy of a state or county indigent transcript.
Page 10 | 11.2 SALARIES AND PER PAGE FEES.
A copy of a private transcript costs $2.00 per page, payable to the Treasurer of Parke County for deposit in the County General Fund.
(8) The charge for a copy of a private transcript will be $2.00 per page payable to the Treasurer of Parke County to be deposited in the County General Fund.
Page 10 | 11.2 SALARIES AND PER PAGE FEES.
The Court may charge Drug Court participants an administration fee of up to $100 per admission for initial services.
The Court may require Parke County Drug Court Participants to pay a problem-solving court administration fee of not more than one hundred dollars ($100) per admission to drug court for initial drug court services regardless of the length of participation in drug court.
Page 13 | LOCAL RULE 13 — DRUG COURT FEE SCHEDULE
A qualifying non-indigent defendant who fails to pay covered costs, fines, or civil penalties by the applicable deadline must pay a $25 late fee, which the court may suspend for demonstrated good cause.
(a) Except as provided in subsections (d), this section applies to an action if all the following apply: (1) The defendant is found, in a court that has a local court rule imposing a late payment fee under this section, to have: (A) committed a crime; (B) violated a statute defining an infraction; (C) violated an ordinance of a municipal corporation; or (D) committed a delinquent act. (2) The defendant is required to pay: (A) court costs, including fees; (B) a fine; or (C) a civil penalty. (3) The defendant is not determined by the court imposing the court costs, fine, or civil penalty to be indigent. (4) The defendant 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 period specified in a payment schedule set for the payment of court costs, fines, and civil penalties under rules adopted for the operation of the court. (b) Subject to subsection (c), the clerk shall collect a late payment fee of twenty-five dollars ($25) from a defendant described in subsection (a). (c) Notwithstanding IC 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty.
Page 13 | LOCAL RULE 14 — LATE PAYMENT FEES
The Circuit Court may charge a drug court services fee of up to $50 per month beginning in the second month of participation and continuing thereafter.
The Circuit Court may require participants to pay a drug court services fee for each admission to drug court. Drug Court may assess the services fee and collect the fee in an amount not to exceed fifty dollars ($50) per month beginning with the second month of participation and for each month thereafter for the duration of participation in the problem-solving court.
Page 13 | LOCAL RULE 13 — DRUG COURT FEE SCHEDULE
A qualifying non-indigent defendant who fails to timely pay a fine or civil judgment for specified disability-parking infractions must pay a $25 late fee, which the court may suspend for demonstrated good cause.
(d) Notwithstanding IC 33-37-4-2(f), IC 34-28-5-5(a), and IC 34-28-5-5(b) (Ordinance violation matters), the defendant shall pay a late payment fee of twenty-five dollars ($25) if the defendant: (1) is found to have committed a violation constituting a Class D infraction or Class C infraction under IC 5-16-9-5 or IC 5-16-9-8 for unlawfully parking in a space reserved for a person with a physical disability; (2) is required to pay a fine or civil judgment; (3) is not determined by the court imposing the fine or civil judgment to be indigent; and (4) fails to pay the fine or civil judgment in full before the later of: (A) the end of the business day on which the court imposes the fine or civil judgment; or (B) the end of the period specified in a payment schedule set for the payment of fines and civil judgments under rules adopted for the operation of the court. However, the court may suspend a late payment fee under this section if the court finds that the defendant has demonstrated good cause for failure to make timely payment of the fee.
Page 14 | LOCAL RULE 14 — LATE PAYMENT FEES
The cost of the initial required registered or certified mailing to one address per party is paid from court costs and fees collected under IC 33-37.
Per I.C. 33-32-2-10, the initial mailing of a document by registered or certified mail sent: (1) to each party who is required to receive the mailing; and (2) to only one (1) of the party's addresses; shall be paid out of court costs and fees collected under IC 33-37.
Page 17 | LOCAL RULE 16 — FAILURE TO PAY SERVICE FEE
Adjournment & Extension Requirements
A motion for continuance must state the reason, prior requests, whether opposing counsel was advised, the original hearing or trial date and time, the approximate delay needed, and a good-faith estimate of hearing or trial duration.
4.1 Motions for Continuance shall include the following information: A) The specific reason for the continuance B) Whether prior continuances have been requested by the moving party C) Whether or not opposing counsel has been advised that a continuance will be requested D) The date and time of the hearing or trial for which a continuance is being sought E) The approximate amount of time needed to elapse before the matter can be heard or tried F) A good faith estimate of the amount of time needed for such hearing or trial
Page 3 | LOCAL RULE 4 — CONTINUANCES