Scott County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A motion to continue a trial on the merits must be filed at least 10 days before the scheduled hearing date, unless the movant can show good cause why it could not have been filed timely.
- A motion to continue any hearing other than a trial on the merits must be filed at least 7 days before the scheduled hearing date, unless the movant can show good cause why it could not have been filed timely.
- A continuance motion must state the scheduled date, reason, and requested length of continuance, and include the opposing parties’ agreement or objection after inquiry; without their position, the court will take no action.
Request must include
Communication
Phone
Document Format Requirements2 rules
The reporting shall be made on forms prescribed by the Office of Court Services.
The electronically formatted transcript must be prepared on disks with specified designations and identifying 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 parties, the date completed, the court reporter’s name, and the disk number if more than one disk is required for a complete transcript.
Document Filing Requirements7 rules
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 Office of Court Services.
The court and reporter must retain their respective transcript copies, and the original transcript must be routed to the Clerk for an appeal 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 the purposes of appeal. If the transcript was not prepared for purposes of appeal, the original paper transcript shall be delivered to the requesting party.
Upon the filing of a written request or praecipe for a transcript, the court reporter shall transcribe any court proceeding requested and produce an original paper transcript along with an electronically formatted transcript.
Prior to referring a petitioner in a protective order proceeding to the appropriate court, the Clerk of Courts shall review the petition as to the completion of that petition to ensure that the petition contains all appropriate and available information.
facsimile transmission shall submit an original document to the respective court.
A continuance motion must be written and accompanied by an order with space for the rescheduled date and time and the hearing duration.
Court's wording
A motion for a continuance of a hearing or trial shall be in writing and accompanied by an order which shall contain adequate space for the insertion of a new time and date for rescheduling purposes and the time required for the hearing.
In covered proceedings, both parents must complete the approved co-parenting program and file a certificate of completion within 60 days after the petition is filed.
Court's wording
In any dissolution of marriage, paternity, or legal separation proceeding where there remain minor children born of the marriage or relationship, both the father and mother shall complete the Scott County Co-Parenting Program or equivalent program approved by the Court within sixty (60) days of the filing of the petition and file with the Court a certificate of completion.
Filing & Service rules
Electronic Filing Rules
Electronic facsimile filing is permitted using the designated number for each court and is subject to Indiana Administrative Rule 12.
Pursuant to Rule 5 of the Indiana Rules of Trial Procedure and Indiana Administrative Rule 12, the Scott Circuit Court and the Scott Superior Court authorize electronic facsimile filing and designate 812-752-8431 for the Scott Circuit Court and 812-752-8425 for the Scott Superior Court. Filing by electronic facsimile transmission shall be subject to the requirements of Indiana Administrative Rule 12.
Page 12 | FACSIMILE TRANSMISSION
Filing Timing and Cure Windows
Objections to a discovery order must be filed within 21 days after the initial hearing.
Any objections to discovery order must be filed within 21 days of the date of the initial hearing in this cause.
Page 5 | Discovery
In covered proceedings, both parents must complete the approved co-parenting program within 60 days after the petition is filed.
In any dissolution of marriage, paternity, or legal separation proceeding where there remain minor children born of the marriage or relationship, both the father and mother shall complete the Scott County Co-Parenting Program or equivalent program approved by the Court within sixty (60) days of the filing of the petition and file with the Court a certificate of completion.
Page 17 | SCOTT COUNTY CO-PARENTING PROGRAM
Service and Proof of Service Rules
For certified mail, return receipt requested, after the initial filing of a lawsuit or claim, sufficient postage must be provided to the Clerk of Courts.
If service by certified mail, return receipt requested is the requested form of service after the initial filing of a lawsuit or claim, sufficient postage must be provided to the Clerk of Courts.
Page 13 | SERVICE OF PROCESS
A person filing a pleading that requires service must clearly designate the manner of service.
It shall be the duty of every person filing a pleading that requires service to clearly designate the manner of service (e.g., certified mail or sheriff).
Page 13 | SERVICE OF PROCESS
For service by certified mail, the filer must tender a completed return card and receipt to the Clerk of Courts, with the cause number typed or printed on the card.
If service is to be by certified mail, the person shall tender to the Clerk of Courts a completed certified mail return card and receipt with the cause number typed or printed on the mail return card.
Page 13 | SERVICE OF PROCESS
Filing Fees and Waivers
The alcohol and drug program fee for possession of a controlled substance or paraphernalia is $400.
2. POSSESSION OF A CONTROLLED SUBSTANCE OR PARAPHERNALIA $400.00
Page 18 | ALCOHOL AND DRUG PROGRAM FEES
The alcohol and drug program fee for illegal consumption or possession is $300.
4. ILLEGAL CONSUMPTION OR POSSESSION $300.00
Page 18 | ALCOHOL AND DRUG PROGRAM FEES
The alcohol and drug program fee for public intoxication is $300.
3. PUBLIC INTOXICATION $300.00
Page 18 | ALCOHOL AND DRUG PROGRAM FEES
The alcohol and drug program fee for other alcohol and/or drug offenses is $400.
5. OTHER ALCOHOL AND/OR DRUG OFFENSE $400.00
Page 18 | ALCOHOL AND DRUG PROGRAM FEES
The alcohol and drug program fee for driving while intoxicated, DUI/OWI, is $400.
1. DRIVING WHILE INTOXICATED, DUI/OWI $400.00
Page 18 | ALCOHOL AND DRUG PROGRAM FEES
The courts may assess a fee for electronic facsimile transmission by joint order.
The courts may, by joint order, assess an electronic facsimile transmission fee pursuant to Indiana Administrative Rule 12(E).
Page 13 | Facsimile Transmission
The Problem-Solving Court may waive any assessed fee by order for financial hardship, upon termination or subsequent disqualification, or for other reasonable circumstances it determines.
Any assessed fee may be waived by Order of the Problem-Solving Court to avoid financial hardship, upon termination, subsequent disqualification from the Problem-Solving Court, or for any other reasonable circumstances determined by the Problem-Solving Court.
Page 19 | PROBLEM-SOLVING COURT FEES
The pre-trial diversion plan fee is $300.00.
7. PRE TRIAL DIVERSION PLAN $300.00
Page 19
Problem-Solving Court participants may be required to pay a $100 administrative fee per admission, which the clerk must collect and transmit within 30 days after collection.
Those persons directed to participate in a Problem-Solving Court may be required to pay a $100 administrative fee per admission to the Problem-Solving Court for initial problem- solving court services, regardless of the length of participation in the Problem-Solving Court, in accordance with I.C. 33-23-16-23. The clerk of court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the county user fee fund established under I.C. 33-37-8.
Page 19 | PROBLEM-SOLVING COURT FEES
Participants may also be required to pay $50 per month beginning in their second month and for each month thereafter while participating; the clerk must transmit collected fees within 30 days.
Those persons directed to participate in a Problem-Solving Court may also be required to pay $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 in accordance with I.C. 33-23-16-23. The clerk of court shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the county user fee fund established under I.C. 33-37-8.
Page 19 | PROBLEM-SOLVING COURT FEES
The transfer fee is $100.00.
6. TRANSFER FEE $100.00
Page 19
The treatment referral and case management fee is $175.00.
9. TREATMENT REFERRAL & CASE MANAGEMENT $175.00
Page 19
The education referral and case management fee is $300.00.
10. EDUCATION REFERRAL & CASE MANAGEMENT $300.00
Page 19
The assessment with recommendation fee is $150.00.
8. ASSESSMENT W/RECOMMENDATION $150.00
Page 19
Adjournment & Extension Requirements
A motion to continue a trial on the merits must be filed at least 10 days before the scheduled hearing date, unless the movant can show good cause why it could not have been filed timely.
A motion to continue shall be filed no later than ten (10) days prior to the scheduled hearing date for a trial on the merits
Page 14 | MOTIONS TO CONTINUE
A motion to continue any hearing other than a trial on the merits must be filed at least 7 days before the scheduled hearing date, unless the movant can show good cause why it could not have been filed timely.
A motion to continue shall be filed no later than ten (10) days prior to the scheduled hearing date for a trial on the merits or seven (7) days on any other hearing, unless the movant can show good cause as to why the motion could not have been timely filed.
Page 14 | MOTIONS TO CONTINUE
A continuance motion must state the scheduled date, reason, and requested length of continuance, and include the opposing parties’ agreement or objection after inquiry; without their position, the court will take no action.
A motion to continue shall set forth the scheduled date, the reason for the continuance, and the specific length of time the moving party desires the case to be continued. Every motion to continue shall contain a statement of agreement or objection from the opposing parties, obtained by the moving party after having made inquiry of opposing parties. Failure to state a position of opposing parties will prevent any court action on a motion to continue.
Page 14 | MOTIONS TO CONTINUE
Chambers Communication Rules
If the parties do not agree on a continuance, either party may schedule a telephone conference with the Court to discuss the motion or objection.
If the parties do not agree on a continuance of a hearing, either party may schedule a telephone conference with the Court for the purpose of discussing the motion to continue or the objection to the continuance.
Page 14 | MOTIONS TO CONTINUE