Court Rules

Union County Courts, Indiana

Court-Level Rules, Filing Procedures & Policies

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Document Format Requirements1 rule

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on a form approved by the Court

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|SectionLR81-CR00-1. CRIMINAL PROCEDURE — RELEASE FROM CUSTODY – PROMISE TO APPEAR

Document Filing Requirements10 rules

Filing Requirements

Before release under the 48-hour rule or upon posting bail, the person must complete a verified promise to appear on a Court-approved form with the specified identifying and appearance information.

Court's wording

Prior to release of a person pursuant to the 48 hour rule or upon posting bail, the person must complete a verified promise to appear, on a form approved by the Court, indicating his/her permanent address, home and work telephone numbers, and social security number and promise to appear in the Court at the time designated by the Sheriff.

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|SectionLR81-CR00-1. CRIMINAL PROCEDURE — RELEASE FROM CUSTODY – PROMISE TO APPEAR
Filing Requirements

A copy of the Promise to Appear shall be provided to the arrested person and to the Court.

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|SectionLR81-CR00-1. CRIMINAL PROCEDURE — RELEASE FROM CUSTODY – PROMISE TO APPEAR
Filing Requirements

An attorney who has been appointed under this Rule, shall submit an itemized claim for reimbursement for services rendered at a rate of $70.00 per hour upon disposition of the case.

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|SectionLR81-CR00-1. CRIMINAL PROCEDURE — APPOINTED COUNSEL
Filing Requirements

Any attorney representing a defendant shall appear for such a defendant immediately upon being retained or appointed by signing and filing a written appearance containing the attorney’s name, attorney number, address, telephone number, and a statement indicating whether counsel will accept service by fax.

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|SectionLR81-CR00-1. CRIMINAL PROCEDURE — APPEARANCE OF COUNSEL
Filing Requirements

A written motion is required to request an extension of time to comply with the discovery rule.

Court's wording

No written motion is required, except: (i) To compel compliance under this rule; (ii) For additional discovery not covered under this rule; (iii) For a protective order seeking exemption from the provisions of this rule; or (iv) For an extension of time to comply with this rule.

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|SectionLR81-CR00-2. AUTOMATIC CRIMINAL DISCOVERY RULES — (1) GENERAL PROVISIONS
Filing Requirements

Where charges are filed subsequent to arrest, the probable cause affidavit or oral probable cause submission shall include the prosecution’s position as to the appropriate bail.

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|SectionLR81-CR00-3. BAIL — SETTING BAIL
Filing Requirements

Prosecution requests for arrest warrants shall include the prosecution’s recommendation regarding bail amount and the reasons therefor.

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|SectionLR81-CR00-3. BAIL — SETTING BAIL
Filing Requirements

Warrant arrests shall include the amount of bail on the face of the warrant.

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|SectionLR81-CR00-3. BAIL — SETTING BAIL
Filing Requirements

A copy of this Bond Schedule will accompany the appearance bond for the Defendant of the alleged criminal offense.

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|SectionBAIL SCHEDULE
Filing Requirements

The Joint Case Management Order must address mediation and settlement, discovery scheduling, deadlines for joining parties, amending pleadings and filing pre-trial motions, other matters the parties wish to address, and an estimated trial duration.

Court's wording

(a) Within ten (10) days after meeting, those attending are to file a Joint Case Management Order setting forth: i. The likelihood of mediation and settlement; ii. A detailed schedule of discovery for each party; iii. A limitation on the time to join additional parties and to amend the pleadings; iv. A limitation on the time to file all pre-trial motions; v. Any other matters which the parties want to address; and vi. A preliminary estimate of the time required for trial.

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|SectionCASE MANAGEMENT ORDER

Filing & Service rules

Electronic Filing Rules

Attorneys are required to e-file in Union County.

Attorneys are required to e-file in this county;

Page 1 | E-file a case

Other filers are encouraged to e-file in Union County.

others are encouraged to e-file.

Page 1 | E-file a case

Filing Timing and Cure Windows

The Sheriff must fax the Court a copy of the Promise to Appear within 24 hours after the arrested person is released.

The Sheriff shall fax a copy of the Promise to Appear to the Court within twenty-four (24) hours of the arrested person’s release.

Page 1 | LR81-CR00-1. CRIMINAL PROCEDURE — RELEASE FROM CUSTODY – PROMISE TO APPEAR

An attorney must file a written appearance immediately upon being retained or appointed to represent a defendant.

Any attorney representing a defendant shall appear for such a defendant immediately upon being retained or appointed by signing and filing a written appearance

Page 2 | LR81-CR00-1. CRIMINAL PROCEDURE — APPEARANCE OF COUNSEL

Objections to a discovery request must be filed with the Court within ten days after the request or discovery motion is made.

Objections to any request for discovery shall be filled with the Court within ten days after request or motion for discovery is made.

Page 5 | FAILURE TO COMPLY

Those attending must file a Joint Case Management Order within ten days after the meeting.

(a) Within ten (10) days after meeting, those attending are to file a Joint Case Management Order setting forth:

Page 11 | CASE MANAGEMENT ORDER

Discovery should, insofar as possible, be completed five days before the scheduled pre-trial conference without a formal court order.

Discovery, after request is made, and pursuant to this rule, shall be completed, insofar as possible, five days prior to pre-trial conference with counsel, as scheduled, without formal order of the Court.

Page 5 | FAILURE TO COMPLY

The State and Defendant must supplement required discovery disclosures when they acquire additional information or materials, and do so within a reasonable time after the duty arises.

The State and the Defendant are under a continuing duty to supplement the discovery disclosure required hereunder as required upon the acquisition of additional information or materials otherwise required to be disclosed hereunder. Supplementation of disclosures shall be made within a reasonable time after the obligation to supplement arises.

Page 5 | DUTY TO SUPPLEMENT RESPONSES

Service and Proof of Service Rules

A copy of the attorney’s appearance must be served on the prosecuting attorney.

A copy of this appearance shall be served on the prosecuting attorney.

Page 2 | LR81-CR00-1. CRIMINAL PROCEDURE — APPEARANCE OF COUNSEL

The Defendant must disclose and furnish all relevant items and information under the Rule to the State within 10 days after the State’s disclosure.

and the Defendant shall disclose and furnish all relevant items and information under this Rule to the State within ten (10) days after the State’s disclosure.

Page 3 | LR81-CR00-2. AUTOMATIC CRIMINAL DISCOVERY RULES — (1) GENERAL PROVISIONS

After defense counsel appears, the State must disclose and furnish all relevant items and information to the Defendant within 30 days, subject to constitutional limitations and any separate court order.

Upon the entry of an appearance by an attorney for the Defendant, the State shall disclose and furnish all relevant items and information under this Rule to the Defendant within thirty (30) days from the date of appearance, subject to Constitutional limitations and such other limitation as the Court may specifically provide by separate order

Page 3 | LR81-CR00-2. AUTOMATIC CRIMINAL DISCOVERY RULES — (1) GENERAL PROVISIONS

The State must disclose material within its possession or control that tends to negate guilt or reduce punishment.

The State shall disclose to the Defendant(s) any material or information within its possession or control that tends to negate the guilt of the accused as to the offenses charged or would tend to reduce the punishment for such offenses.

Page 4 | LR81-CR00-2. AUTOMATIC CRIMINAL DISCOVERY RULES — (2) STATE DISCLOSURES

Defense counsel, or a pro se Defendant, must furnish the State the listed witness information, evidence, evaluations, intended defenses, and impeachment records within their possession or control.

Defendant’s counsel (or Defendant where Defendant is proceeding pro se) shall furnish to the State with the following material and information within his or her possession or control: i. The names and last known addresses of persons whom the Defendant intends to call as witnesses along with copies of their relevant written and recorded statements; ii. Any books, papers, documents, photographs, or tangible objects that the Defendant intends to use as evidence at any hearing or trial; iii. Any medical, scientific, or expert witness evaluations, statements, reports, or testimony which may be used at any trial or hearing; iv. Any defense, procedural or substantive, which the Defendant intends to make at any hearing or trial; and v. Any record or prior criminal convictions known to the Defendant or defense counsel that may be used for impeachment of the persons whom the defense intends to call at any hearing or trial.

Page 4 | DEFENDANT DISCLOSURES

The State must disclose the listed witness information, statements, reports, evidence, and impeachment records within its possession or control.

The State shall disclose the following materials and information within its possession or control: i. The names and last known addresses of persons whom the State intends to call as witnesses along with copies of their relevant written and recorded statements; ii. Any written, oral, or recorded statements made by the accused or by a co-defendant, and a list of witnesses to the making of statements; iii. Any reports or statements or experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons; iv. Any books, papers, documents, photographs, or tangible objects that the Prosecuting Attorney intends to use in the hearing or trial or which were obtained from or belong to the accused; and v. Any record of prior criminal convictions that may be used for impeachment of the persons whom the State intends to call as witnesses at any hearing or trial.

Page 4 | LR81-CR00-2. AUTOMATIC CRIMINAL DISCOVERY RULES — (2) STATE DISCLOSURES

The parties must exchange other reasonably available evidence to avoid unnecessary discovery motions.

iii. Other Evidence. Exchange any other evidence reasonably available to obviate the filing of unnecessary discovery motions.

Page 11

The parties must exchange known witness lists and continue advising opposing parties of additional witnesses as they become known.

i. List of Witnesses. Exchange lists of witnesses known to have knowledge of the facts supporting the pleadings. The parties shall thereafter be under a continuing obligation to advise opposing parties of other witnesses as they become known.

Page 11

The parties must exchange all documents contemplated for use in support of the pleadings; reasonably available documents not exchanged may be excluded at trial.

ii. Documents. Exchange all documents which are contemplated to be used in support of the pleadings. Documents later shown to have been reasonably available to a party and not exchanged may be subject to exclusion at the time of trial.

Page 11

Adjournment & Extension Requirements

If a party fails to comply with a discovery rule or related order, the Court may grant a continuance, order discovery of previously undisclosed material, or enter another just order.

If, at any time during the course of the proceedings, it is brought to the attention of the Court that a party has failed to comply with an applicable discovery rule or an order issued pursuant thereto, the Court may order such party to permit the discovery of material and information not previously disclosed, grant a continuance, or enter such other order as it deems just, under the circumstances.

Page 5 | FAILURE TO COMPLY

Chambers Communication Rules

Contact the local court directly with questions about jury duty, an upcoming court date, or obtaining a case document that is not available online.

Contact the local court directly with questions about jury duty, an upcoming court date, or getting a copy of a document in your case if it isn't available online.

Page 1 | Local Courts

Common questions about Union County Courts, Indiana rules

What must be included with promise to appear filings in Union County Courts, Indiana?

Before release under the 48-hour rule or upon posting bail, the person must complete a verified promise to appear on a Court-approved form with the specified identifying and appearance information.

View ruleSource: page 1, section LR81-CR00-1. CRIMINAL PROCEDURE — RELEASE FROM CUSTODY – PROMISE TO APPEAR

What must be included with itemized reimbursement claim filings in Union County Courts, Indiana?

An appointed attorney must submit an itemized reimbursement claim at disposition, with services reimbursed at $70 per hour.

View ruleSource: page 2, section LR81-CR00-1. CRIMINAL PROCEDURE — APPOINTED COUNSEL

How may parties contact Union County Courts, Indiana?

Contact the local court directly with questions about jury duty, an upcoming court date, or obtaining a case document that is not available online.

View ruleSource: page 1, section Local Courts

How do I request an adjournment or extension in Union County Courts, Indiana?

If a party fails to comply with a discovery rule or related order, the Court may grant a continuance, order discovery of previously undisclosed material, or enter another just order.

View ruleSource: page 5, section FAILURE TO COMPLY

Is electronic filing required in Union County Courts, Indiana?

Yes. Electronic filing is required for the covered filings. Attorneys are required to e-file in Union County.

View ruleSource: page 1, section E-file a case

What filing deadlines does Union County Courts, Indiana set?

The Sheriff must fax the Court a copy of the Promise to Appear within 24 hours after the arrested person is released.

View ruleSource: page 1, section LR81-CR00-1. CRIMINAL PROCEDURE — RELEASE FROM CUSTODY – PROMISE TO APPEAR

What rule applies to serving the opposing party in Union County Courts, Indiana?

Details: recipient: the opposing party. A copy of the attorney’s appearance must be served on the prosecuting attorney.

View ruleSource: page 2, section LR81-CR00-1. CRIMINAL PROCEDURE — APPEARANCE OF COUNSEL
Complete rules summary for Union County Courts, Indiana

Before release under the 48-hour rule or upon posting bail, the person must complete a verified promise to appear on a Court-approved form with the specified identifying and appearance information.

The promise to appear must use a form approved by the Court.

A copy of the Promise to Appear must be provided to the arrested person and the Court.

The Sheriff must fax the Court a copy of the Promise to Appear within 24 hours after the arrested person is released.

An appointed attorney must submit an itemized reimbursement claim at disposition, with services reimbursed at $70 per hour.

An attorney must immediately sign and file a written appearance upon being retained or appointed, including the specified contact information and whether counsel accepts service by fax.

An attorney must file a written appearance immediately upon being retained or appointed to represent a defendant.

A copy of the attorney’s appearance must be served on the prosecuting attorney.

Objections to a discovery request must be filed with the Court within ten days after the request or discovery motion is made.

After defense counsel appears, the State must disclose and furnish all relevant items and information to the Defendant within 30 days, subject to constitutional limitations and any separate court order.

The Defendant must disclose and furnish all relevant items and information under the Rule to the State within 10 days after the State’s disclosure.

The State must disclose the listed witness information, statements, reports, evidence, and impeachment records within its possession or control.

The State must disclose material within its possession or control that tends to negate guilt or reduce punishment.

Defense counsel, or a pro se Defendant, must furnish the State the listed witness information, evidence, evaluations, intended defenses, and impeachment records within their possession or control.

A written motion is required to request an extension of time to comply with the discovery rule.

Discovery should, insofar as possible, be completed five days before the scheduled pre-trial conference without a formal court order.

The State and Defendant must supplement required discovery disclosures when they acquire additional information or materials, and do so within a reasonable time after the duty arises.

If a party fails to comply with a discovery rule or related order, the Court may grant a continuance, order discovery of previously undisclosed material, or enter another just order.

A warrant for an arrest must state the amount of bail on its face.

A prosecution request for an arrest warrant must include the prosecution’s recommended bail amount and reasons for the recommendation.

When charges are filed after an arrest, the probable cause affidavit or oral probable cause submission must state the prosecution’s position on appropriate bail.

A copy of the Bond Schedule must accompany the appearance bond for the defendant.

The parties must exchange known witness lists and continue advising opposing parties of additional witnesses as they become known.

The parties must exchange all documents contemplated for use in support of the pleadings; reasonably available documents not exchanged may be excluded at trial.

The parties must exchange other reasonably available evidence to avoid unnecessary discovery motions.

Those attending must file a Joint Case Management Order within ten days after the meeting.

The Joint Case Management Order must address mediation and settlement, discovery scheduling, deadlines for joining parties, amending pleadings and filing pre-trial motions, other matters the parties wish to address, and an estimated trial duration.

Attorneys are required to e-file in Union County.

Other filers are encouraged to e-file in Union County.

Contact the local court directly with questions about jury duty, an upcoming court date, or obtaining a case document that is not available online.

More Judges in Union County Courts, Indiana

Matthew R. Cox
Judge