Shelby County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements6 rules
Proceedings Supplemental filings, including the specified orders, motions, and petitions, must be numbered sequentially in the title.
Court's wording
All Proceedings Supplemental, including without limitation Orders to Appear and Orders to Answer Interrogatories Motions and Petitions shall be numbered sequentially in the title. E.g. 1st Order to Appear for Proceedings Supplemental, 2nd Order to Appear for Proceedings Supplemental; 1st Verified Motion for Interrogatories, 2nd Verified Motion for Interrogatories; etc.
No duplicated forms containing interrogatories shall be filed or served upon a party unless all interrogatories on such forms are consecutively numbered and applicable to the cause in which the same are filed and served.
Attachments should not be submitted as proposed orders.
Small claims forms and orders should substantially comply with the language and formatting of the Court's website forms.
Court's wording
4.3 Small Claims forms and orders should be in substantial compliance with the language and formatting as shown on the forms found on the small claims section of the Court's website http://co.shelby.in.us.
Parties should check the website from time to time to make sure that they are using the most recent form.
If an order requires an attachment (for example, interrogatories), then it is acceptable to place the interrogatories within the proposed order or as page 2 of the order.
Document Filing Requirements13 rules
At the time of removal, the party receiving and removing the evidence shall give a detailed receipt to the court reporter, and the receipt will be made part of the court file.
News media must submit a written request using the Court’s website form to seek permission to broadcast; broadcasting requires affirmative approval, and the Court may modify the request period.
Court's wording
A member of the news media may request permission to broadcast a court session by submitting a written request at least 7 days in advance of the hearing or proceeding. The request shall be made using the request form found on the court’s website. The Court has discretion to approve or deny a request. Affirmative approval is required; otherwise, the request is deemed denied. The Court has discretion to modify the request period.
For a 4th and every garnishment sought thereafter, the requesting party must certify on their Motion for Interrogatories that they have complied with Indiana Code IC 33-37-4-6 which requires a ten- dollar $10 fee for each garnishee or garnishee defendant in excess of three (3). Multiple requests from the same employer are not counted as a single garnishee defendant but are counted separately.
Answers or objections to interrogatories under Rule TR 31 or 33 shall set forth in full the interrogatories being answered or objected to immediately preceding the answer or objection.
If this subsection applies, as a condition precedent to the setting of a final hearing, each party shall certify to the court that they have participated in the ADR plan.
An annual Report containing data related to the Plan shall be submitted to the Judicial Conference of Indiana by December 31 of each year.
- Document
- Annual report
Must include
- •Containing data related to the Plan
If a new action, i.e., Modification or Citation, is filed more than thirty-five (35) days after the conclusion of a prior action, an attorney will need to re-enter his or her Appearance to represent a party in the new action.
For the specified arrestees, the Prosecuting Attorney must file one of three listed documents with the court.
Court's wording
Because violent arrestees arrested on Level 1-5 felonies, and persons arrested for domestic violence may not post bond until a bail hearing has been conducted in open court, the Prosecuting Attorney shall promptly file with a court either: (1) formal criminal charges under the appropriate case type; or (2) a probable cause affidavit bearing the law enforcement case number under an MC case along with a request for additional time to investigate; or (3) a Notice of Nolle Prosequi under an MC case, bearing the law enforcement case number which the arrestee was arrested.
The written usage agreement must establish the reasonable market rate, the recordkeeping method, and the reimbursement method.
Court's wording
Such agreement shall establish the: 5.2.1 Reasonable market rate for the use of equipment, facilities and supplies; 5.2.2 Method by which records are kept for the use of the same; and, 5.2.3 Method by which the Reporter shall reimburse the Court for such usage.
Each Court Reporter shall annually report all compensation received for transcripts to the Indiana Supreme Court Division of State Court Administration..
The Court Reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts of evidence.
If a Reporter, in the exercise of such private practice, utilizes, with the consent of the Court, Court facilities, equipment and/or supplies, the Reporter shall reimburse the Court for such usage pursuant to a written agreement between the Court and Reporter.
Court reporters should maintain a log of retained evidence and scheduled disposition date and evidence shall be held in a secure area.
Filing & Service rules
Electronic Filing Rules
Exhibits and attachments may be included in the motion or e-filed separately.
Exhibits and attachments may either be part of the motion itself or shall be e-filed as separate attachments.
Page 11 | 4.2 Attachments
Filing Timing and Cure Windows
News media must submit a broadcast request at least 7 days before the hearing or proceeding; the Court may modify the request period.
A member of the news media may request permission to broadcast a court session by submitting a written request at least 7 days in advance of the hearing or proceeding.
Page 8 | LR73-AR10-RULE 5: AUDIO AND/OR VIDEO RECORDINGS OF COURT PROCEEDINGS
The annual report must be submitted to the Judicial Conference of Indiana by December 31 each year.
An annual Report containing data related to the Plan shall be submitted to the Judicial Conference of Indiana by December 31 of each year.
Page 13 | 1.9 PROGRAM EVALUATION AND REPORTING
The Prosecuting Attorney must promptly file one of the specified documents with the court.
Because violent arrestees arrested on Level 1-5 felonies, and persons arrested for domestic violence may not post bond until a bail hearing has been conducted in open court, the Prosecuting Attorney shall promptly file with a court either: (1) formal criminal charges under the appropriate case type; or (2) a probable cause affidavit bearing the law enforcement case number under an MC case along with a request for additional time to investigate; or (3) a Notice of Nolle Prosequi under an MC case, bearing the law enforcement case number which the arrestee was arrested.
Page 17 | 73-CR00 RULE 2 PROMPT DETERMINATION OF BAIL-
Service and Proof of Service Rules
The Court must notify attorneys of record and unrepresented parties by mail or email of the date by which evidence must be retrieved to avoid destruction.
In all cases, the Court shall provide notice, by mail or email, to all attorneys of record and to parties if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.
Page 7 | 4.6. NOTIFICATION AND DISPOSITION
The Sheriff’s Department must serve subpoenas without cost when the criminal defendant is represented by a public defender.
The Shelby County Sheriff’s Department shall serve subpoenas without cost in criminal cases where a defendant is represented by a public defender.
Page 19 | LR73-CR02 RULE 3 SERVICE OF SUBPOENAS IN CRIMINAL CASES
Counsel and parties must keep the Court informed of their current addresses; notice to the last current address or email address is sufficient.
Counsel and parties have the duty to keep the Court informed of their current addresses and notice to the last current address or email address shall be sufficient.
Page 7 | 4.6. NOTIFICATION AND DISPOSITION
Personal service of a subpoena on an individual means physically handing it to the named person.
Personal service on an individual means physically handing the subpoena to the person named on the subpoena.
Page 19 | LR73-CR02 RULE 3 SERVICE OF SUBPOENAS IN CRIMINAL CASES
Filing Fees and Waivers
A $10 fee is required for each garnishee or garnishee defendant beyond three, with requests from the same employer counted separately.
For a 4th and every garnishment sought thereafter, the requesting party must certify on their Motion for Interrogatories that they have complied with Indiana Code IC 33-37-4-6 which requires a ten- dollar $10 fee for each garnishee or garnishee defendant in excess of three (3). Multiple requests from the same employer are not counted as a single garnishee defendant but are counted separately.
Page 10 | LR73-TR-69 RULE 3. SEQUENTIAL NUMBERING OF PROCEEDINGS SUPPLEMENTAL AND GARNISHMENT PETITIONS
The ADR Plan applies to cases filed after September 1, 2005, and the Clerk shall collect an additional $20 ADR fee beginning that date.
The ADR Plan is to be effective with cases filed after September 1, 2005. The Clerk of Shelby County shall commence collecting the additional $20.00 alternative dispute resolution fee, pursuant to Indiana Code 33-23-6-1, on September 1, 2005.
Page 12 | 1.1 Program Overview
In addition to per-page charges, the Court Reporter is allowed $15.00 for each physical device provided.
In addition to the page charges the Court Reporter shall be allowed $15.00 for each physical device provided
Page 3 | 1.4 Maximum Per Page Fee
A Court Reporter may charge no more than $8.00 per page for a civil transcript of evidence in an appealed case.
$8.00 for civil transcripts of evidence for appealed cases;
Page 3 | 1.4 Maximum Per Page Fee
A Court Reporter may charge no more than $8.00 per page for a non-appeal transcript.
$8.00 for non-appeal transcripts:
Page 3 | 1.4 Maximum Per Page Fee
A Court Reporter may charge no more than $8.00 per page for a transcript of evidence in an appealed case.
$8.00 for a transcript of evidence for appealed cases.
Page 3 | 1.4 Maximum Per Page Fee
A Court Reporter may charge no more than $7.00 per page for a deposition transcript.
$7.00 for deposition transcripts
Page 3 | 1.4 Maximum Per Page Fee
$1.50 for copies if Reporter elects to use Court facilities, equipment and/or supplies in the exercise of her private practice;
$1.50 for copies if Reporter elects to use Court facilities, equipment and/or supplies in the exercise of her private practice;
Page 3 | 1.4 Maximum Per Page Fee
A transcript needed within 20 days or less is expedited, with a maximum charge of $13.00 per page.
$13.00 for expedited transcripts. If the requestor needs the transcript in 20 days or less, it is considered expedited.
Page 3 | 1.4 Maximum Per Page Fee
A Court Reporter may charge no more than $1.75 per page for copies of transcripts.
$1.75 for copies of transcripts.
Page 3 | 1.4 Maximum Per Page Fee
In addition to per-page charges, the Court Reporter is allowed $5.00 for each copy emailed.
$5.00 for each copy emailed.
Page 3 | 1.4 Maximum Per Page Fee
A Court Reporter may charge no more than $8.00 per page for a state or county indigent transcript of evidence in an appealed case.
$8.00 for state/county indigent transcript of evidence for appealed cases;
Page 3 | 1.4 Maximum Per Page Fee
The Court Reporter’s certification fee for transcripts is $10.00.
Court Reporter’s Certification fee for transcripts shall be $10.00.
Page 3 | 1.4 Maximum Per Page Fee
The Plan includes an additional $20.00 filing fee.
Information about the Plan, including the additional $20.00 filing fee, its implementation, purpose and goals will be presented to the Shelby County Bar Association, the Shelby County Clerk, and local mental health counselors.
Page 13 | 1.5 PLAN EDUCATION
A probationer requesting transfer to a department outside Indiana must pay a $125 fee to the Shelby County Clerk.
Any probationer who requests their probation be transferred to a department outside the state of Indiana shall pay a $125 fee to the Clerk of Shelby County for distribution consistent with Indiana Code 11-13-4.5-4.
Page 19 | LR73-CR00 RULE 4 PROBATION FEES
The statutory fee schedule applies to all court alcohol and drug program services, and fees may not exceed $400.
The schedule of fees set forth under Indiana Code 33-37-4-1 and Indiana Code 35-38-2-1 shall be applicable in all court alcohol and drug program services and shall not exceed $400.00.
Page 19 | LR73-CR00 RULE 6 SCHEDULE OF FEES FOR COURT ALCOHOL AND DRUG PROGRAM SERVICES
The probation fees listed in the rule are additional to probation user fees.
The above fees are in addition to the probation user fees.
Page 19 | LR73-CR00 RULE 4 PROBATION FEES
A person placed on probation because of a felony conviction must pay a $100 administrative fee.
Each person who is placed on probation as a result of a felony conviction shall pay a $100.00 administrative fee.
Page 19 | LR73-CR00 RULE 4 PROBATION FEES
The felony and misdemeanor administrative fees must be paid through the Clerk to the Probation Department and applied before other fees.
Said fees shall be paid to the Shelby County Probation Department through the Clerk of Shelby County and shall be applied first before all other fees.
Page 19 | LR73-CR00 RULE 4 PROBATION FEES
A non-indigent defendant who does not pay covered costs, fines, or civil penalties by the later specified deadline must pay an additional $25 late fee.
Any defendant found to have committed a crime; violated a statute defining an infraction; violated an ordinance of a municipal corporation; or committed a delinquent act; and the defendant is required to pay: court costs, including fees; a fine; or a civil penalty; and the defendant is not determined by the Court imposing the court costs, fine, or civil penalty to be indigent; and the defendant fails to pay to the clerk the costs, fine, or civil penalty in full before the later of the following: (1) The end of the business day on which the Court enters the conviction or judgment. (2) 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; then the defendant shall pay an additional $25.00 late payment fee pursuant to IC 33- 37-5-22 and the Clerk of the Court shall collect the late payment fee.
Page 19 | LR73-CR00-RULE 5 LATE PAYMENTS –ADDITIONAL FEE
A person placed on probation because of a misdemeanor conviction must pay a $50 administrative fee.
Each person who is placed on probation as a result of a misdemeanor conviction shall pay a $50.00 administrative fee.
Page 19 | LR73-CR00 RULE 4 PROBATION FEES
The parents of a child adjudicated delinquent and placed on probation must pay a $100 administrative fee through the County Clerk to Shelby County Probation.
The parents of each child adjudicated a delinquent and placed on probation shall be required to pay a $100.00 administrative fee to Shelby County Probation through the Clerk of Shelby County.
Page 19 | LR73-CR00 RULE 4 PROBATION FEES
A probationer living in Indiana outside Shelby County whose probation is transferred to another Indiana department must pay a $75 transfer fee to the receiving department.
Any probationer who lives in Indiana and outside Shelby County for whom a transfer of probation is sought to another probation department in Indiana, shall pay a $75.00 transfer fee to the receiving probation department per Indiana Administrative Rule 22(D).
Page 19 | LR73-CR00 RULE 4 PROBATION FEES
Filing Bundling Requirements
Petitions or motions and orders must not appear on the same page; motions and proposed orders must be tendered separately.
The practice of including Petitions/Motions and orders on the same page shall cease immediately. Motions and proposed orders shall be tendered separately.
Page 10 | LR73-TR-10 RULE 4. MOTION AND ORDER FORMS
Proceedings supplemental motions must not be combined; each must have an independent motion and order.
Proceedings supplemental motions shall not be combined. For example, a "Motion for Debtor to Appear" and a "Motion for Garnishee Defendant to Respond to Interrogatories" shall not be combined on a single motion. Each should have an independent motion and order.
Page 10 | LR73-TR-10 RULE 4. MOTION AND ORDER FORMS
Chambers Communication Rules
A party offering biologically contaminated evidence must notify the trial court before offering it at trial.
A party who wants to offer biologically contaminated evidence shall notify the trial court that the evidence may be biologically contaminated prior to offering the evidence at trial.
Page 7 | 4.7 BIOLOGICALLY CONTAMINATED EVIDENCE