Local Civil Rules


Local Civil Rules

Local Rules


LR54-AR00-1             Civil Case Assignments

LR54-AR00-2             Court Hours

LR54-AR00-3             Trials

LR54-AR00-4             Briefs and Memoranda

LR54-AR10-5             Exhibits

LR54-AR00-6             Decorum

LR54-AR00-7             Body Attachment

LR54-AR00-8             Attorney Fees

LR54-AR00-9             Confidential Documents

LR54-AR00-10            Law Library

LR54-AR15-11            Court Reporters

LR54-AR12-12            Fax Transmission

LR54-FL00-13            Family Court

LR54-FL00-14            Parenting Education Workshop

LR54-TR4-15             Electronic Signature Confirmation of Service

LR54-TR5-16             Filing of Pleadings

LR54-TR3.1-17           Withdrawal of Appearance

LR54-TR00-18            Proposed Orders

LR54-TR40-19            Trial Settings

LR54-TR53.5-20          Continuances

LR54-TR16-21            Case Management Conditions

LR54-TR79-22            Special Judges

LR54-TR79-23            Transfer of Jurisdiction

LR54-TR26-24            Discovery

LR54-TR47-25            Voir Dire

LR54-TR74-26            Transcripts

Appendix A              Local Rule 17

Appendix B              Supreme Court Family Court Project Rules  

Appendix C              Plan for Allocation of Judicial Resources 

Appendix D              Jury Draw

Appendix E              Electronic News Coverage Pilot Project















Civil Case Assignments


     Civil actions and proceedings in the Montgomery Circuit and Superior Courts shall be assigned among the courts as follows:

     A.  Montgomery Circuit Court: Any civil actions or proceedings and all juvenile actions or proceedings.

     B.  Montgomery Superior Court 1: Any civil actions or proceedings; all probate actions or proceedings; and all civil domestic relations proceedings in which the Prosecuting Attorney has appeared pursuant to 42 USC Section 602(a)(26), as amended ("Title IV-D" proceedings).

<![if !supportLists]>C.              <![endif]>Montgomery Superior Court 2: All civil cases founded on contract or tort in which the claim does not exceed the statutory small claims jurisdictional amount; all possessory actions between landlord and tenant in which the claim does not exceed the statutory small claims jurisdictional amount; all actions for possession of property where the value of the property sought to be recovered does not exceed the statutory small claims jurisdictional amount; all infraction and ordinance violation cases; any civil action; and any juvenile proceeding, or probate proceeding transferred from Circuit Court or Superior Court 1.

<![if !supportLists]>D.              <![endif]>The Judge of the Circuit Court and the Superior Court 1 shall each serve as Judge Pro Tem of the Superior Court 2 for a block of time of one day each month, at which time small claims proceedings shall be heard.




Court Hours

     A.   The Montgomery Circuit and Superior Court 1 offices shall be open from 8:30 a.m. until 4:30 p.m., Monday through Friday, legal holidays excluded, and at such other hours as each Court may from time to time order.

<![if !supportLists]>B.              <![endif]>The Montgomery Superior Court 2 office shall be open from 8:30 a.m. until 4:30 p.m., Monday, Wednesday, and Thursday. Tuesday hours are from 8:00 a.m. to 6:30 p.m. Friday hours are from 8:00 a.m. to 12:30 p.m. Legal holidays excluded, and at such other hours as each Court may from time to time order.    

C.   The office of the Clerk of Courts shall be open from 8:30 a.m. until 4:30 p.m. Monday through Friday, legal holidays excluded, but may be closed on days that the Judge of the Circuit Court orders the Court closed in accordance with the custom and practice of the Court, or as may be dictated by the necessity of the situation.  Any legal action required to be taken in the office of the Clerk during the time the office is closed may be taken on the next following day the office is open.

     D.   When weather conditions require or other emergencies arise, any Court closing shall be made by the Judge of the Court after consultation with a representative of the County Commissioners and the Sheriff.  The Court shall make every effort to contact litigants scheduled for Court.





     A.   Jury trials shall begin promptly at 9:00 a.m. unless otherwise directed by the Court.  The prospective jurors, the attorneys and the litigants shall report at 8:30 a.m. on the first day of trial and thereafter as the Court shall direct.

     B. Court trials and hearings shall begin promptly at the time assigned.  The attorneys and the litigants should arrive substantially in advance of the scheduled time for the purpose of entering into any last-minute stipulations or agreements. Negotiations or settlement discussions should be concluded prior to the hearing or trial time.


                     Briefs and Memoranda

     A.   All motions filed pursuant to Trial Rules 12 and 56 shall be accompanied by a separate supporting brief. An adverse party shall have thirty (30) days after service of the initial brief in which to serve and file an answer brief, and the moving party shall have ten (10) days after service of the answer brief in which to serve and file a reply brief. With regard to all other motions or matters submitted to the court, and so long as consistent with the Indiana Rules of Procedure, an adverse party wishing to respond shall do so within ten (10) days of service. The moving party shall have five (5) days after service of the response within which to reply. Each motion shall be separate, while alternative motions filed together shall be identified on the caption. Failure to file an answer brief or reply brief within the time prescribed shall be deemed a waiver of the right thereto and shall subject the motion to summary ruling.

     B.   Authorities relied upon which are not published in the "National Reporter System Second Series" shall be attached to the brief.  If the authority is cited for the first time in oral argument, a copy of the authority shall be provided to the Court and to counsel for each party at the time of the argument.





     A.   After being marked for identification, models, diagrams, exhibits and material offered or admitted in evidence in any cause pending or tried before the Court shall be placed in custody of the Court Reporter unless otherwise ordered by Court.

     B.   All models, diagrams, exhibits, or materials placed in the custody of the Court Reporter shall be removed by the parties offering them in evidence, except as otherwise ordered by the Court, within sixty (60) days after the case is decided unless an appeal is taken.  In all cases in which an appeal is taken, they shall be removed within thirty (30) days after the appeal is finally resolved.  At the time of removal, a detailed receipt shall be given to the Court Reporter and filed in the cause.  Items which are not claimed by parties shall be deemed abandoned, and the Court will dispose of the model or exhibit as the Court deems appropriate.

     C.   In all contested hearings and trials, the attorneys shall prepare and submit to the Court Reporter a schedule of exhibits.  Attorneys shall pre-mark all exhibits.  Plaintiffs and petitioners shall use numerals and defendants and respondents shall use letters.





     A.   The attorneys shall be punctual, shall arrive at court early for hearings, and shall instruct clients and witnesses to be present before a hearing or trial is scheduled so that the Court's business may move with dispatch.

     B.   The attorneys, parties and witnesses shall dress in a manner which is appropriate to the dignity and the formality of the Court.

     C.   The attorneys, parties and witnesses shall conduct themselves in Court in a restrained and dignified manner.  No person should lean on the bench nor sit on counsel tables.     

     D.   No person while in the courtroom shall smoke, chew tobacco, eat, or drink. No person shall converse, read material or use a computer or other electronic devices in a manner which might be offensive or distracting to the Court or any other person present in the courtroom.  Attorneys and parties who find it necessary to converse during the course of a hearing or a trial shall do so as quietly as possible and in tones calculated

not to distract, disturb or influence the Court or any other person present in the courtroom.

     E.  Cell phones and pagers are strictly forbidden in the courtroom.  Persons shall check such devices with court staff while court is in session.

     F.   Entering and leaving the courtroom should be done as infrequently and unnoticeably as possible.

     G.   The offices of the Court, the Judge and the court staff are not to be considered by the attorneys, litigants, or other parties as their own private offices or as being readily

available for the use of the attorneys, litigants or other parties.  The Court and its staff will assist attorneys as it is convenient, but the attorneys should not expect the court staff to relinquish their telephones, computers, copiers, desks, or their time for the attorneys' use or benefit.  The Court and its staff reasonably expect to perform their work without distraction or interference from attorneys, litigants or other parties.

     H.   Lawyers shall not talk to or in any way distract the Court Reporter during hearings in which the lawyers are not participating.




Body Attachment

     A.   Upon failure of a judgment debtor, garnishee defendant, or child support obligor (herein referred to as judgment debtor) to appear as ordered for a scheduled hearing, the judgment creditor, including child support obligee (herein referred to as judgment creditor) may request a body attachment as to said person.  A body attachment shall be issued only when:

(1)  The judgment debtor previously ordered to appear for a scheduled hearing was personally served with notice or notified in open court of the hearing;

          (2)  The request for body attachment is filed within

thirty (30) days of the failure to appear; and

          (3)  The judgment creditor provides information to

              enable the Sheriff to locate and identify the

              judgment debtor, including address, social

              security number and date of birth.

     B.   When the judgment creditor requests the issuance of a body attachment, and as needed at any time thereafter, said creditor shall file with the Court a telephone number at which the Court may notify the creditor of the attached person's appearance in custody.  Upon such appearance in custody, the Court, to the best of its ability and consistent with the continued performance of its daily responsibilities, shall:

          (1)  Attempt to contact the judgment creditor at the

              telephone number on file with the Court; and

          (2)  Thereby notify the creditor of a time later

              during the same Court business day at which the

              attached person will be brought before the Court

              for questioning by said creditor.

     C.   The attached person shall be released upon payment of the escrow amount and the proceeding shall be rescheduled for hearing and the judgment debtor ordered to appear at that hearing.

     D.   Body attachments expire l80 days after issuance.  If the judgment creditor desires to recall a body attachment, the judgment creditor shall file a written request therefor or appear personally or by attorney and move on the record for recall of the body attachment, and shall state in writing or on the record the reason for the recall.

     E. An expired body attachment may reissue upon proper

application by the judgment creditor.




Attorney's Fees

     A.   No order granting a request or prayer for attorney fees shall be made unless such fees are allowable under applicable law and there has been evidence furnished by testimony of an attorney, if the application for fees is contested, or by affidavit of an attorney, if the application is uncontested.  Such testimony or affidavit shall describe the services rendered and establish to the Court's satisfaction the amount of time expended (or to be expended) in the matter, the fact that such services and time were or are reasonably necessary considering the nature and complexity of the matter, the experience or expertise of the attorney seeking an attorney fee award, the usual and customary charges, and the reasonableness of the fees sought. 

     B.   The Court shall not take judicial notice of reasonable fees except when requested and all the following conditions are satisfied:

          (1)  The parties affected are notified of the request

              to take judicial notice so as to permit such

              affected parties opportunity to object to or

              oppose the request, unless such affected parties

have been defaulted or failed to appear;

          (2)  The case involves only routine services; and

          (3)  Modest fees are sought.


     C.   Judicial notice of reasonable fees shall not be taken in cases involving promissory notes or foreclosure actions. In any event, the award of attorney fees shall be within the sound discretion of the Court.




                    Confidential Documents

     Confidential matters shall not be set forth openly in pleadings, either as part of the text of the pleading or as an attachment.  Such matters may be incorporated by reference to materials which have been or are to be independently furnished to the Court and are held by the Court in a separate file for confidential documents, or may be submitted with the pleading and contained in a sealed envelope marked "Confidential-not to be opened without court order" and upon which the caption of the cause has been typed.  All copies of the pleading shall conform to this rule.  The CCS shall state where such confidential documents are kept.

     Confidentiality may also be preserved through the use of protective orders and "green paper" as provided by Trial Rule 5(G).




                          Law Library

     No books belonging to the court library shall be removed from the library by any person other than a Judge of any of the courts, unless permission is given by one of the Judges or the Judges' law clerk.  The borrower shall sign a sign-out sheet giving the borrower's name, date and time of withdrawal and where the book is taken.  All books shall be returned within 24 hours; if the library is closed, the books shall be left with the Bailiff.











     A.   Salaries and Per Page Fees.


(1)  Court reporters shall be paid an annual salary for time spent working under the control, direction and direct supervision of their supervising Judge during any regular work hours, gap hours or overtime hours.  The supervising Judge shall enter into a written agreement with the court reporters which outlines the manner in which the court reporters are to be compensated for gap and overtime hours, i.e., monetary compensation or compensatory time off regular work hours.

(2)  The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $4.00. The court reporter shall submit a claim directly to the county for the preparation of any county indigent transcripts.

(3)  The maximum per page fee a court reporter may charge for the preparation of a state indigent transcript shall be $4.00.

(4)  The maximum per page fee a court reporter may charge for the preparation of a private transcript shall be $4.00.

(5)  The maximum per page fees set forth in subsections (2),(3) and (4) shall apply only to transcripts prepared in the ordinary course of business or to be prepared within the time permitted by the Indiana Rules of Appellate Procedure.  The fee per page for expedited transcripts shall be $6.00 if the transcript is to be prepared within two (2) weeks, and $5.00 per page if the transcript is to be prepared within four (4) weeks.

(6)  A minimum fee of up to $40.00 may be charged by a

court reporter for a small transcript.

(7)  In addition to per page fees, a court reporter may

charge the following:

(a)  Index and Table of Contents pages may be charged at the per page rate being charged for the rest of the transcript;

(b)  An additional labor charge approximating the hourly rate based upon the court reporter's annual court compensation may be charged for the time spent binding the transcript and the exhibit binders;

(c)  A reasonable charge for the office supplies required and utilized for the binding and electronic transmission of the transcript, pursuant to Indiana Rules of Appellate Procedure 28, 29 and 30 is permissible; the costs for these supplies shall be determined pursuant to a Schedule of Transcript Supplies established and published annually by the judges of the courts of Montgomery County.

(8)  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.


B.   Private Practice.


(1)  If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the Court's equipment, work space and supplies, and the Court agrees to the use of the Court equipment for such purpose, the Court and the 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.

(2)  If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, all such private practice work shall be conducted outside of regular working hours.





                         FAX Transmission

     A.   The Clerk of Courts will accept pleadings by electronic facsimile transmission ("FAX") so long as the FAX transmission complies with Trial Rule 5(F) and Administrative Rule 12.  The Clerk shall file-mark said pleadings on the date of receipt. 

     B.   The party transmitting pleadings by FAX must deliver the original document to the Clerk within three (3) days by regular mail.  The mailed pleading must include the original signature of transmitting counsel.  Failure to deliver the original document of the FAX transmission within three (3) days shall make such pleading subject to a motion to strike.

     C.   Upon receipt of the original document the clerk shall check the CCS and filemark the original the same date the fax was filemarked.

     D.   FAX transmissions shall be sent to the following telephone number: 765-364-6355









     A.   The Family Court Rules issued by the Indiana Supreme Court, including definitions of "Family Court" and "Family Court Proceeding", are adopted by reference and are attached hereto as Appendix B.

     B.   Any of the courts of Montgomery County may serve as a Family Court.

     C.   Cases shall be selected for Family Court upon recommendation of the Family Court Administrator or any of the judges and concurrence of the judges before whom each case is pending.

     D.   The judges of Montgomery County shall administer the Family Court Project jointly.  The judge of the Montgomery Circuit Court shall be responsible for filing required reports and coordination with the Family Court Administrator and the Boone County Family Court Project.



Parenting Education Workshop

     A. In any proceeding for dissolution of marriage in which there are minor children and in any paternity proceeding in Juvenile Court, both parents shall attend the Parenting Education Workshop.  Attendance is mandatory for all parties in any dissolution of marriage proceeding and any paternity action if there are unemancipated children under 18 years of age.  The course must be completed before the Final Hearing.  The parties shall be responsible for payment of the cost of the workshop, with an allowance for waiver of the fee for indigence.

     B.  Failure to complete the workshop within sixty (60) days of the filing the initial petition for dissolution of marriage or determination of paternity could result in a party being required to appear before the Court to show cause why he/she should not be punished for contempt of Court.

     C.  A copy of this rule shall be served upon the respondent when the petition for dissolution or petition to establish paternity is served, and a copy shall be given to each petitioner by counsel, or by the Clerk if petitioner is filing pro se.



Electronic Signature Confirmation of Service

     The service of any pleadings, papers, or documents required to be served upon another party to the proceedings, and which are served by mail, may be proved by an electronic version which includes the certified mail certification number, the message that a successful delivery occurred, the date on which delivery occurred, and a scanned facsimile of the recipient's signature. This method of proving service comports with and satisfies the T.R. 4.15(B) requirement that "proof of service of all papers permitted to be mailed may be made by written acknowledgment of service."





                      Filing of Pleadings

     A.   All pleadings shall be filed with the Clerk of Courts with the exception of requests for emergency orders under Trial Rule 65. Pleadings filed at or very near the time a hearing or trial is to commence should be filed in the Court office.

     C.   Pleadings which require a certificate of service will not be accepted for filing where the certificate of service merely states that service has been made on "all counsel of record".  A certificate of service shall specifically name the individual party or attorney on whom service has been made, his or her address, in what manner the service was made, and the date upon which service was made.

     D.   Court personnel shall not be responsible for the filing of pleadings received by mail, unless certified or registered as required by Trial Rule 5(F).  If the documents received by mail are not in proper form pursuant to the Indiana Rules of Procedure and these Local Rules, such documents will be returned to sender with deficiencies noted.

     E.   Any pleadings, papers, or documents filed with a court in electronic format shall be appropriately formatted or copied, so as to separately identify information excluded from public access pursuant to Administrative Rule 9(G)(1) and allow the appropriate document to be filed with full information and a copy with confidential information redacted. See also LR54-AR00-9.

     F.   No provision included in this rule or omitted from this rule shall relieve attorneys or litigants of their duty to keep themselves informed of the current status of their cases in





                   Withdrawal of Appearance

     A.   An attorney's appearance and representation in a case may only be withdrawn upon the filing of a written motion and an order of the Court granting such motion, except in the following instances: 

     (1)  The party authorized the withdrawal in open court;       (2)     The party authorized the withdrawal in writing, such

          authorization being verified; or

     (3)  There is an appearance simultaneously filed by

          successor counsel.

     B.   The written motion shall state the reasons for withdrawal with specificity and must demonstrate written notice to the client of the intent to make application to withdraw the appearance and representation.  The notice must have been given at least ten (10) days prior to filing the motion to withdraw, shall advise the client that failure to secure new counsel may result in dismissal of the client's case or in the rendering of a default judgment, shall advise of the date and time the motion will be considered, and shall advise of the status of the case and of the existence and significance of any hearing dates or deadlines established by the Court in that case.  The attorney shall in all other respects comply with Rule 1.16 of the Rules of Professional Conduct.

     C.   Withdrawal may not be permitted if less than 40 days remain until a trial or hearing date.

     D.   No withdrawal shall be permitted if such withdrawal would deprive the Court of jurisdiction over a party.

     E.   In the motion for withdrawal, the attorney shall certify the last known address and telephone number of the party if upon withdrawal no appearance is entered by successor counsel.

     F.   Until a withdrawal is granted the attorney continues to be responsible for all aspects of the case, including attending all trials and hearings.

     G.   Withdrawal of appearance in criminal cases will only be allowed pursuant to I.C. 35-36-8-2.  A hearing shall be held, with the defendant present, on all motions to withdraw based upon the grounds set forth in I.C. 35-36-8-2(b)(3-5).




Proposed Orders

     A.   The Court shall not be required to act on any motion, petition or other request for relief unless a proposed order is tendered.

     B.   All proposed orders submitted by counsel shall meet the following requirements: 

     (1)  Contain a complete distribution list of all attorneys and/or pro se litigants with complete addresses.

     (2)  Include a sufficient number of copies of such proposed order as follows: Original for Court, copy for Court file, one copy for each attorney and/or pro se litigant, and sufficient copies for service by Clerk or Sheriff.

<![if !supportLists]>(3)         <![endif]>Include envelopes appropriately addressed, postage prepaid, for each attorney and/or pro se litigant on the distribution list, unless the attorney has a mailbox in the Clerk's office.






Trial Settings

     A.   All requests for trial settings or other evidentiary hearings shall include the following information: 

          (1)  Type of trial or hearing (jury trial, court       trial, final hearing in dissolution, etc.).

          (2)  An honest, good-faith estimate of the court time               needed for the trial or hearing.

     B.   A proposed order shall be tendered with appropriate blanks for date and time.

     C.   Every opposing attorney or pro se litigant who receives such an order and either has a conflict with the setting or disputes the estimate of court time needed for the trial or hearing, or both, shall first contact the attorney or pro se litigant who obtained the setting and attempt to resolve the scheduling problem and agree on the date and amount of time for the trial or hearing.  If unable to resolve the problem, the opposing party or pro se litigant shall then notify the Court in writing within ten (10) days of the receipt of the original order and give their honest, good-faith estimate of the court time needed.










     A.   All motions for continuance shall be in writing, and shall be verified if filed by a pro se litigant. 

     B.   The motion must be filed promptly upon the discovery of the cause therefor.  Motions for continuance, including agreed motions, must be filed at least five (5) days, excluding Saturday, Sunday and holidays, before a court trial or hearing, and at least ten (10) days before a jury trial, unless good cause is shown.

     C.   Withdrawal or change of attorneys, in and of itself, shall not be sufficient basis for continuing a trial or hearing.

     D.   Motions for continuance shall include the following information:

          (1)  The specific reason the continuance is                 necessary (general assertions, e.g.,                   "unavailability of  counsel", "unavailability          of witness", "other commitments", etc., shall          be subject to summary denial).

          (2)  Whether opposing counsel has been advised that a continuance will be requested.

          (3)  Whether opposing counsel agrees to the continuance. 

          (4)  The date and time of the hearing or trial for

          which a continuance is sought.

          (5)  The approximate amount of time needed for such hearing or trial upon rescheduling.

     E.   All motions for continuance must be signed by the party who is requesting it or whose attorney is requesting it.  If the party does not sign the motion, signature by the attorney is certification that the party has been notified of the request, agrees to the continuance, and understands the reason for which the continuance is sought.

     F.   Such motion and any accompanying affidavits or documents shall be served upon opposing counsel or the opposing party in person unless there is a showing that opposing counsel or the party has acquiesced or agreed to the motion to continue.  The motion to continue will not be granted as a matter of course or as a matter of right.  Unless the opposing party or attorney agrees or acquiesces in the motion, the motion will not be granted ex parte and the Court will not rule on the motion until three (3) days after filing, or six (6) days if served by mail.

     G.   The motion to continue, if granted, may be granted subject to the payment of costs or expenses connected with the continuance or for the delay of the trial or hearing which are necessarily incurred by the parties or by the Court.

     H.   Under no circumstances and in no case will any matter be continued or removed from the Court's hearing or trial

calendar without order of the Court granting such continuance or removal from the calendar.




                  Case Management Conferences

A.   Status Conference   

     (1)  A status conference may be set in any pending case on the motion of any party or on the motion of the Court. A status conference shall be held in every matter requiring one day or more of trial time.

     (2)  A status conference should be requested and set as soon after the initiation of the case as is reasonable, allowing the attorneys and the parties sufficient time to acquaint themselves with the nature of the case.  The setting should be within 90 to 180 days after the initiation of the case.

     (3)  The purpose of the status conference is to          schedule the disposition of the case and to establish a timetable for pre-trial procedures.  The attorneys shall bring their calendars to the status conference, or have their calendar available if the conference is conducted by telephone, so that scheduling conflicts will be avoided.  Matters to be scheduled at the status conference are as follows: Trial; final pre-trial conference; settlement conference; use of alternative dispute resolution; conclusion of discovery; exchange of preliminary and final lists of witnesses and exhibits and statements of contentions; names and reports of experts; filing of motions for summary judgment, briefing schedule and hearing date; filing of preliminary and final instructions, motions in limine and trial briefs.

     (4)  The Court will enter an order including the schedule agreed upon by the parties and the Court.  The schedule may be altered only by Court order.

     (5). The status conference may be held by telephone conference call.  Upon scheduling the status conference, the Court shall designate the party responsible for arranging the conference call.  Such arrangements shall be made far enough ahead of the scheduled conference time to allow every participant to be apprised of the manner in which the conference will be held.

B.   Settlement Conference

     (1)  A settlement conference may be held in any pending case on the motion of any party or on the motion of the Court. 

     (2)  The motion requesting a settlement conference shall be accompanied by a memorandum informing the Court of the nature of the case, the history of settlement negotiations, an indication of any particular impediment to negotiations, and advising the Court what benefit a settlement conference with the Court might provide to the parties.  The Court must be assured that the parties have made serious, good faith efforts to negotiate prior to requesting a settlement conference.

     (3)  Parties will be present in person.  If a party is an entity other than an individual, that entity shall be represented in person by an officer or an agent delegated to the specific task and who has the authority to negotiate a final settlement on behalf of that entity.  Any insurer or entity having authority to approve any final settlement shall be present by a representative having authority to enter into a final settlement.

     (4)  At least one week prior to the settlement conference each party will submit to the Court a confidential settlement statement. The statement will include the party's version of the facts, an appraisal of the strengths and weaknesses of their case and realistic settlement parameters.

     (5)  Before the settlement conference each party and the attorney for each party must have carefully reviewed the case and their position, evaluated the same, and arrived at a realistic appraisal of the value, strength and the likelihood of success of their side of the case.

     (6)  The settlement conference may be scheduled at any time after the case has been pending a sufficient length of time to allow for adequate discovery and accurate evaluation of each side of the case.

C.   Final Pre-trial Conference

     (1)  The final pre-trial conference shall be attended by counsel who will try the case and who have the authority to bind the party represented with finality in any aspect that may arise during the final pre-trial conference.

     (2)  The Court may require that the parties attend the final pre-trial conference or that they be available for immediate consultation with their attorneys.  If a party is an entity other than an individual, that entity shall have available an officer or agent who has the full and final authority to negotiate a final settlement or to make any other commitment or take any other action with regard to that party as may arise during the final pre-trial conference.  Any insurer or entity having authority to approve any final settlement shall be present by a representative having authority to enter into a final settlement.  




                        Special Judges

     A.   Pursuant to Trial Rule 79(H), after consulting with the other judges within the 4th Administrative District established in Administrative Rule 3(A); having considered the effective use of all judicial resources within such Administrative District; and having considered the accessibility of those judges who are eligible for appointment by a trial court as a special judge pursuant to Trial Rule 79(J), the following judges shall be appointed pursuant to a local rule pursuant to Trial Rule 79(H), shall comprise the list for such appointments, and be selected alphabetically by last name on a rotating basis, as follows:

     (1)  Montgomery Circuit Court, Juvenile, and CHINS cases: The Honorable Matthew Headley, Judge of the Putnam Circuit Court; the Honorable Sam Swaim, Judge of the Parke Circuit Court; the Honorable Susan O. Henderson, Judge of the Fountain Circuit Court; and the Honorable Loretta Rush, Judge of the Tippecanoe Superior Court No. 3.

     (2)  Montgomery Circuit Court: The Honorable David A. Ault, Judge of the Montgomery Superior Court 1; the Honorable Susan O. Henderson, Judge of the Fountain Circuit Court; the Honorable Peggy Q. Lohorn, Judge of the Montgomery Superior Court 2; and the Honorable Sam Swaim, Judge of the Parke Circuit Court.

     (3)  Montgomery Superior Court 1: The Honorable Susan O. Henderson, Judge of the Fountain Circuit Court; the Honorable Peggy Q. Lohorn, Judge of the Montgomery Superior Court 2; and the Honorable Thomas K. Milligan, Judge of the Montgomery Circuit Court.

     (4)  Montgomery Superior Court 2: The Honorable David A. Ault, Judge of the Montgomery Superior Court 1; the Honorable Susan O. Henderson, Judge of the Fountain Circuit Court; the Honorable Thomas K. Milligan, Judge of the Montgomery Circuit Court; and the Honorable Kathy R. Smith, Judge of the Clinton Superior Court.

     B.   In the event that no judge is eligible to serve as a special judge or the particular circumstances of the case warrant selection of a special judge by the Indiana Supreme Court, such case shall be certified to the Indiana Supreme Court for the appointment of a special judge.

     C.   After a Special Judge is selected, the caption of all pleadings filed thereafter shall designate "BEFORE SPECIAL JUDGE _____________________" immediately below the cause number.

     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.










                   Transfer of Jurisdiction

     A.   It may, from time to time, be expedient for the Judges of the Montgomery Circuit and Superior Courts to transfer cases between the courts.  This shall be done with the consent of the two judges involved in the transfers.

     B.   When a Petition for Protective Order is filed and a Dissolution of Marriage action is filed involving the same parties, the Protective Order proceeding shall be transferred to the Court where the Dissolution is pending, if need be, and shall be consolidated with the Dissolution proceeding.

     C.   If a case is transferred, any request for a change of judge or county may be made by a party entitled thereto, in accordance with the provisions of Trial Rule 76.

     D.   It may, from time to time, be expedient for the Judges of the Montgomery Circuit and Superior Courts to hear cases pending in the other court. If the matter proposed to be heard by one of the judges in the other court is not an emergency, and if it is actively contested, any party or counsel of record may make timely objection to the hearing of such matter by the other judge, and the objection shall be sustained. 

     E.   The Judge of the Montgomery Circuit Court authorizes the Judge of either Montgomery Superior Court to sit as Judge of the Montgomery Circuit Court, at any time, in any case.

<![if !supportLists]>F.              <![endif]> The Judges of the Montgomery Superior Courts authorize the Judge of the Montgomery Circuit Court and authorize the Judge of the other Superior Court to sit as Judge of either or the other Montgomery Superior Court, at any time, in any case.

G.   A Judge of any of the three courts may sit in any of the other courts as judge pro tempore or as special judge.

     H.   In the event the regular judge of a court must recuse because the judge's spouse is acting as a lawyer in a proceeding, a Special Judge shall be selected pursuant to Trial Rule 79(H) and LR54-TR79-22(A).





     A.   Objections to interrogatories or requests for admission shall be stated with specificity and certainty and the reasons therefor shall be accompanied by citation of legal authority.

     B.   Duplicated forms are discouraged and shall not be filed or served upon a party unless each interrogatory, request for admission or request for production of documents on such form is consecutively numbered and applicable to the case in which the same is filed and served.  The intent and purpose of this Rule is to prohibit the filing of duplicated forms of stock" interrogatories and requests for admission except where the nature of the case or the number of parties make the use of such forms necessary.

     C.   No party shall serve on any other party more than twenty-five (25) interrogatories or requests for admission other than requests relating to the authenticity or genuineness of

documents without leave of Court.  Subparagraphs shall relate directly to the subject matter of the interrogatory or request for admission.  Any party desiring to serve additional interrogatories or requests for admission shall file a written motion setting forth the proposed additional interrogatories or requests for admission and the reasons establishing good cause for their use.



                           Voir Dire

     A.   The purposes of voir dire examination of prospective jurors are to select a fair and impartial jury, to discover any basis for challenge for cause, and to gain knowledge for the exercise of peremptory challenges.

     B.   Juror questionnaires shall be on file with the Court and copies shall be made available to counsel prior to trial.  It shall be counsel's responsibility to obtain such copies and review them prior to beginning voir dire examination.

     C.   The Court shall place under oath the entire jury venire and all the members thereof shall remain in the courtroom during voir dire examination unless the Court orders otherwise.

     D.   The Court may conduct the entire voir dire examination.  If it does, counsel will be advised at the pre-trial conference and will be given the opportunity to submit written questions or lines of inquiry to the Court for the Court's use in voir dire, up until no later than 72 hours prior to commencement of trial.  During the course of voir dire examination counsel shall have the opportunity to supplement such written questions or lines of inquiry by submitting additional written questions or lines of inquiry to the Court.

     E.   In all cases the Court shall commence voir dire examination by questioning the venire as a whole with a view to establishing any bases of challenge for cause.

     F.   Any challenge for cause must be made by counsel at the time it becomes known, or the challenge will be deemed waived.

     G.   If the Court permits counsel to conduct voir dire examination upon the Court completing its examination of the venire, counsel shall have the opportunity to examine the panel seated in the jury box. Counsel shall not question those panel members if the question has already been asked and answered, if the question is based on anticipated instructions, if the question is based on a hypothetical situation which is counsel's own thinly veiled version of the facts of the case being tried, if the answer to the question is in the jury questionnaire, or if the question relates to insurance carriers, coverage, or raises the innuendo of insurance involvement in the case in any way.

     H.   The Court may set a time limit on counsels' voir dire examination.  Otherwise counsel will be expected to question efficiently and use only a reasonable amount of time.

     I.   The party having the burden of proof shall proceed first, and the opposing side will follow in each round of questioning.  Absent extenuating circumstances, each side shall have only one opportunity to examine each member of a seated panel.

     J.   After each side has completed examination of the panel, peremptory challenges shall be made in writing, given to the Court, and the Court will excuse the challenged juror.  Such challenges shall be made without comment and without consultation between opposing sides.  If both sides excuse the same juror, each side will be charged with one peremptory challenge.  If no challenges are made, counsel shall hand the Court a written acceptance of the panel as seated.  Prospective jurors not challenged as set forth herein shall be deemed accepted.

     K.   If peremptory challenges are made and prospective jurors excused, replacement jurors will be seated in the jury box and each side will have the opportunity to question such replacement jurors and to challenge them as set forth above for the original panel.  Questioning and peremptory challenges in rounds following the examination of the original panel shall be limited to the replacement jurors only.  Successive rounds of examination shall continue until a jury is selected.  Alternate jurors, if ordered by the Court, shall be examined and selected by this procedure.

     L.   A prospective juror empanelled for voir dire examination who is not removed either for cause or peremptorily at the first opportunity for challenging is accepted as a juror and may not thereafter be challenged peremptorily, and may be

challenged for cause only if such cause becomes known after the voir dire examination of such juror.

     M.   Only one attorney per party may question prospective jurors, object or argue objections in each round.




     A.   When an appeal is initiated by the filing of a Notice of Appeal pursuant to Rule 9(A) of the Rules of Appellate Procedure and a transcript for all or any part of the evidence is requested for the record on appeal, the person filing the Notice of Appeal shall contemporaneously deliver a copy of the notice to the court reporter and inform the reporter of the deadline for filing the transcript.

     B.   All requests for transcripts, whether or not for purposes of appeal, shall be made in writing.

     C.   All requests for transcripts shall be accompanied by tender to the court reporter of payment of the estimated cost of preparation of the transcript. Indigent criminal defendants, indigent civil litigants who file affidavits of indigency and are granted a transcript without payment, and certain governmental agencies are excepted from the advance payment requirement.

Appendix A




                     Visitation Guidelines


     Local Rule 17 is included as an Appendix for historical purposes because it was incorporated by reference in many orders and decrees prior to the adoption of the Indiana Parenting Time Guidelines, effective March 31, 2001.



     It is usually in the child's best interest to have frequent, meaningful and continuing access to each parent.  A visitation agreement made by both parents is preferred to a court-imposed solution.  However, if parents are unable to agree on visitation, the following guidelines shall be used in most cases.  In situations where the non-custodial parent may not have had on-going contact with the children, initial visitation may be shorter.  Further, these provisions may not be applicable to very young children or in situations where geographical distances between parents make compliance impossible.  The parents, in exercising visitation, should be flexible enough to adapt to the circumstances, the child's age, on-going activities, and any religious holidays not set out below.

                         Sole Custody

     In sole custody orders, the primary care, custody and control of the minor children of the parties is granted to the custodial parent, subject to reasonable visitation by the non-custodial parent at such times and places as may be mutually agreed upon by the parties.  If the parties do not agree, the following shall be considered the minimum visitation to which the non-custodial parent shall be entitled:

     (l)  Alternating weekends from 6:00 p.m. on Friday until 6:00 p.m. on Sunday.

     (2)  In years ending in an odd number:

          (a)  The night before each child's birthday;

          (b)  Easter Sunday;

          (c)  Independence Day;

          (d)  Thanksgiving;

(e)  From 12:00 noon on December 25 until 6:00 p.m. on December 26.                                 

     (3)  In years ending in an even number:

          (a)  Each child's birthday from 9:00 a.m. until                               6:00 p.m.;

          (b)  Memorial Day;

          (c)  Labor Day;

(d)  From 9:00 a.m. on December 24 until 12:00 noon on December 25.

(4)  Every year on Mother's Day weekend if non-custodial parent is the mother, or Father's Day weekend if non-custodial parent is the father;

     (5)  During summer, for pre-school age children, two nonconsecutive weeks, to be determined by May 1 of each year.

     (6)  During summer, for school-age children, two nonconsecutive two-week periods, to be determined by May 1 of each year.

     (7)  There shall be no weekend visitation during the period the extended visitation is exercised.

     (8)  If support obligation is current, support shall abate

          by 50 percent during the summer visitation set out     in paragraphs (5) and (6).  If support is not current, the 50 percent which would have abated shall be paid and shall apply to the existing arrearage.


     Unless prior arrangements are made, the non-custodial parent shall pick up the children at the times specified and return them at the times specified, and the custodial parent shall have the children ready for visitation at the time they are to be picked up and shall be present at the home to receive the children at the time they are to be returned.

     The non-custodial parent shall give the custodial parent not less than three (3) days prior notice if he or she does not intend to exercise visitation, unless an emergency situation exists, in which case he or she will give as much notice as is possible under the circumstances.

     Each parent shall supply the other with his or her current address and telephone number and inform the other of all changes. Each parent shall allow liberal but reasonable telephone and mail privileges with the children.

     The custodial parent shall provide copies of all school and medical reports within five (5) days of their receipt and shall immediately notify the other parent in the event of a medical emergency.  The custodial parent, within 24 hours of learning of such function, shall inform the non-custodial parent of school and social functions permitting the non-custodial parent's participation.

     Neither visitation nor child support is to be withheld due to either parent's failure to comply with a Court order.  If a dispute arises, the parties should first attempt to resolve the dispute through counseling or mediation. 

     If the parties agree to change the provisions of their decree of divorce, they shall petition the Court to approve and order such change.  In the event that the parties do not obtain a Court order, the Court shall not be bound by any alleged agreement of the parties.



Appendix B

Family Court Project Rules



Family Court. "Family Court" is the court or courts before which cases involving a family or household are linked together for purposes of case coordination. The individual cases maintain their separate integrity and separate docket number, but may be given a common family court designation. The individual cases may all be transferred to one judge or may remain in the separate courts where they were originally filed.


Family Court Proceeding.     A "Family Court Proceeding" is comprised of the individual cases of the family or household that have been assigned to Family Court.



     The Family Court may exercise jurisdiction over any case involving the family at the same time it exercises jurisdiction over a juvenile case (Child in Need of Services, Delinquency, Status, and Paternity) involving the family.



     The Family Court may, in the court's discretion, set hearings on related cases to be heard concurrently, take evidence on the related cases at these hearings, and rule on the admissibility of evidence for each cause separately as needed to adequately preserve the record for appeal. This rule applies only when the cases are pending before the same judicial officer.




     Once notice is sent to the parties that a case has been selected for Family Court, no motion for change of venue from the judge may be granted except to the extent permitted by Indiana Trial Rule 76.

     Within ten (10) days after notice is sent that a case may be selected for family court, a party may object for cause to the Family Court designation.

     A motion for change of venue from the judge in any matters arising in the Family Court proceeding or any future cases joined in the Family Court proceeding after the initial selection of cases shall be granted only for cause.

     If a special judge is appointed, all current and future cases in the Family Court proceeding may be assigned to the special judge.



     Notice of Case Assignment. Within a reasonable time after a case is assigned to Family Court, the court shall provide to all parties in the Family Court proceeding a list of all cases that have been assigned to that Family Court proceeding.

     Judicial Notice. Any court having jurisdiction over a case assigned to Family Court may take judicial notice of any relevant orders or Chronological Case Summary (CCS) entry issued by any Indiana Circuit, Superior, County, or Probate Court.

If a court takes judicial notice of:

<![if !supportLists]>(a)         <![endif]>a court order, the court shall provide a copy of that court order; or

<![if !supportLists]>(b)         <![endif]>a CCS or CCS entry(s), the court shall provise a copy of the entire CCS.

The court shall provide copies of the order or CCS to the parties to the case at or before the time judicial notice is taken.

     Access to Records. Parties to a Family Court proceeding shall have access to all cases within the Family Court proceeding, with the exception of confidential cases or records to which they are not a party. Parties may seek access to the confidential cases or records in another case within the Family Court proceeding in which they are not a party by written petition based on relevancy and need. Confidential records shall retain their confidential status and the Family Court shall direct that confidential records not be included in the public record of the proceedings.


Appendix C


Plan for Allocation of Judicial Resources

     Cases shall be assigned to the Circuit Court, Superior Court 1, and Superior Court 2 of Montgomery County pursuant to LR54-AR00-1 and LR54-CR2.2-1. The judges of the courts shall annually review the caseload of each court and the weighted caseload statistics published by the Division of State Court Administration to determine whether the courts are within a range of 40 percentage points of the county average utilization of judicial resources. If any of the courts is not within range, the judges shall adopt such techniques as may be appropriate to adjust filing of cases, reallocate judicial time, share facilities, obtain appointed judicial officers, increase senior judge services, or adopt other measures to reduce such disparity.



Appendix D


Jury Draw

     The Judges of the three courts shall appoint a Jury Administrator or Administrators pursuant to Indiana Jury Rule 2. The Montgomery County Clerk shall compile and maintain the jury pool annually by selecting names from lists approved by the Indiana Supreme Court.

     Before November 15th of each year, the Clerk at the direction of the Jury Administrator(s) shall randomly draw 2000 names from the jury pool. Those persons shall make up the prospective jurors for the three courts for the ensuing calendar year. Not later than seven days after the draw, the Clerk shall, pursuant to Indiana Jury Rule 4, mail each person whose name was drawn a notice of selection for the jury pool, a juror qualification form and a jury questionnaire.

     Not less than ten days prior to a jury trial a judge shall request the Court's Jury Administrator(s) to summon a jury. The judge will advise the Jury Administrator the number of prospective jurors required and when they should appear. The Jury Administrator will then select a panel of prospective jurors to be called and cause summons, including pertinent information for prospective jurors required by the jury rules, to be issued for members of the panel at least one week prior to the trial date.

Appendix E


Electronic News Coverage Pilot Project


     The Montgomery Circuit Court has been selected to participate in a pilot project authorized by the Indiana Supreme Court. The pilot project is for Electronic News Coverage in Indiana Trial Courts.

     Upon being selected as a court to participate in the pilot project, the Montgomery Circuit Court adopted the following:



                   ) SS:

STATE OF INDIANA   )                            2006 TERM






LR-54-AR00-6.50 The Court incorporates herein, by reference, Terms 1 through 7 and 9 of the Indiana Supreme Court's May 9, 2006 ORDER implementing the pilot project for video and audio coverage, still news photography, and radio news coverage of Trial Court proceedings. Those terms are attached as Exhibit A.


LR-54-AR00-6.51 The Pool Coordinator, contemplated by Term 9 of the Supreme Court's Order, shall advise the court of the pooling arrangement which shall be subject to the approval of the trial court and the Indiana Supreme Court.


LR-54-AR00-6.52 The court, the Pool Coordinator, and the media representatives who will be working the trial or hearing will meet the day before the hearing or trial to establish locations from which the media will work, to review these rules, and address any issues that may arise.


LR-54-AR00-6.53 The media must be as inconspicuous and unobtrusive as possible.


LR-54-AR00-6.54 The court has prepared a consent form. The court will provide the Pool Coordinator a copy of the consent signed by the parties and the judge. Once the consent has been given it shall be in force unless the court authorizes a withdrawal of the consent for good cause, or the court terminates or limits the electronic photography and reporting to meet the ends of justice.


LR-54-AR00-6.55 The media will have the duty to investigate the cases on the court calendar to determine what cases would be suitable for electronic coverage. To that end the media should designate one person as court liaison to track the court's calendar.


LR-54-AR00-6.56 The pilot project under which the electronic coverage of trial court proceedings is permitted is an exception to the Code of Judicial Conduct Canon 3B(12) and as such is to be executed narrowly to stay within the bounds of the exception, and not run afoul of the canon. Nevertheless, the Terms of the Supreme Court's Order and these rules will be broadly construed so as to effectively implement the spirit and intent of the Supreme Court's Order.  





IN INDIANA TRIAL COURTS      )    94S00-0605-MS-166




     Notwithstanding the prohibitions against broadcasting, televising, recording, or taking photographs in the courtroom and adjacent areas in the Code of Judicial Conduct Canon 3B(12), the Supreme Court, following discussions initiated by the Indiana Broadcasters Association, in conjunction with the Hoosier State Press Association, will authorize a limited pilot project for video and audio coverage, still news photography, and radio news coverage, of proceedings in certain Indiana courtrooms, under the following terms:


<![if !supportLists]>1.     <![endif]>Term. July 1, 2006-December 31, 2007.


     2. Consent. Coverage by camera and/or recorder as provided in this order may not be permitted except upon the written consent of the trial judges and the parties involved.


     3. Scope. All civil and criminal proceedings will be eligible for camera and recorder coverage by the news media, except for proceedings not open to the public, either by state statute or Indiana Supreme Court rules. Additionally, the presiding judge shall have the authority to interrupt or prohibit the coverage of any part of a trial or proceeding if he or she deems such stoppage appropriate to meet the ends of justice.


     4. Prohibitions Regarding Coverage. The presiding judge shall prohibit the filming and audio recording of the following:

<![if !supportLists]>a.              <![endif]>Police informants;

<![if !supportLists]>b.              <![endif]>Undercover agents;

<![if !supportLists]>c.              <![endif]>Minors;

<![if !supportLists]>d.              <![endif]>Victims of sexual abuse, assault, or other sex-related offenses;

<![if !supportLists]>e.              <![endif]>For the purposes of this pilot project, a trial judge shall prohibit all camera and audio recording, taping, or broadcast of a juror or jurors in the courthouse;

<![if !supportLists]>f.              <![endif]>Witnesses at sentencing hearings;

<![if !supportLists]>g.              <![endif]>The trial judge has the discretion to allow post-verdict audio and videotaping of juror interviews or press conferences, with the juror's or jurors' consent.


The presiding judge shall also prohibit the audio recording of the following:

<![if !supportLists]>a.              <![endif]>Parties and counsel engaged in attorney-client communications;

<![if !supportLists]>b.              <![endif]>Counsel engaged in co-counsel communications;

<![if !supportLists]>c.              <![endif]>Bench conferences.


     5. Cameras. News cameras and audio equipment must not be intrusive of the judicial process. No more than one (1) video camera, one (1) still camera, and three (3) audio tape recorders are permitted in a courtroom during a trial. The still camera to be utilized is prohibited from using a flash or motorized film advancement. An existing audio system is to be used whenever adequate. Camera and recorder locations are to be set up only in areas designated by the presiding judge after consultation with the media. All cameras are to be on tripods and produce no distracting sound.


     6. Media Personnel. Media personnel themselves are to be non-intrusive to the judicial process. Personnel may enter and leave only prior to the commencement of proceedings, during recess, or after adjournment. Appropriate attire is required.


     7. Equipment. Media equipment can be set up or removed only prior to the commencement of proceedings, during recess, or after adjournment. There are to be no distracting lights or sounds.


     8. Pool Coverage. For each trial involved in this pilot proposal, the media shall designate a coordinator whose responsibility shall be securing compliance with these provisions and coordinating a pooling arrangement. Specifics of the pool covered will be determined by the trial judge, in consultation with a representative from the Indiana Supreme Court. The media shall agree in advance of court proceedings as to the appropriate pooling arrangement. If the media cannot so agree, camera or audio recording coverage shall not be permitted. The purpose of this provision is to eliminate the necessity of involving the presiding judge in the resolution of any such dispute.