Shelby County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Annual report

An annual report containing data related to the Plan 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.

CRITICAL

Applies to

Appearance

An attorney must re-enter an Appearance to represent a party in a new Modification or Citation action filed more than 35 days after the prior action concludes.

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.

CRITICAL

Applies to

Motion for interrogatories

For the fourth and each later garnishment, the requesting party must certify compliance on the Motion for Interrogatories, and the $10 fee applies to each garnishee or garnishee defendant beyond three, counting requests from the same employer 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.

CRITICAL

Applies to

Prosecuting attorney filing

For the specified arrestees, the Prosecuting Attorney must file one of three listed 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.

CRITICAL

Applies to

News media broadcast request

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.

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.

CRITICAL

Applies to

Party certification

When the subsection applies, each party must certify participation in the ADR plan before a final hearing may be set.

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.

CRITICAL

Applies to

Evidence removal receipt

When evidence is removed, the receiving party must give the court reporter a detailed receipt, which must become part of the court file.

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.

CRITICAL

Applies to

Interrogatory answer or objection

An answer or objection to interrogatories must reproduce the interrogatories in full immediately before the answer or objection.

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.

WARNING

Applies to

Court reporter usage agreement

The written usage agreement must establish the reasonable market rate, the recordkeeping method, and the reimbursement method.

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.

WARNING

Applies to

Annual transcript compensation report

Each Court Reporter must annually report all transcript compensation to the Indiana Supreme Court Division of State Court Administration.

Each Court Reporter shall annually report all compensation received for transcripts to the Indiana Supreme Court Division of State Court Administration..

WARNING

Applies to

Claim

The Court Reporter must submit a claim directly to the county for preparing a county indigent transcript of evidence.

The Court Reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts of evidence.

WARNING

Applies to

Court reporter usage agreement

A Reporter who uses Court facilities, equipment, or supplies for private practice with the Court’s consent must reimburse the Court under a written agreement between them.

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.

WARNING

Applies to

Evidence retention log

Court reporters should maintain a log of retained evidence and scheduled disposition date and evidence shall be held in a secure area.

Court reporters should maintain a log of retained evidence and scheduled disposition date and evidence shall be held in a secure area.