VERMILLION CIRCUIT COURT
LOCAL RULES
JULY 1, 2011
THESE RULES WILL BE EFFECTIVE ON JULY 1, 2011
LR 83-TR 5-1, Filing by Facsimile Transmission.
The Clerk of the Vermillion County Circuit Court is hereby authorized and directed to
accept filings of pleadings by electronic facsimile transmission in all cases pending
before such Court, if received in compliance with Administrative Rule 12 of the Indiana
Supreme Court and the requirements hereinafter specified:
1. Cover Sheet: Any pleading or proposed Order sent to the Clerk for filing or execution, pursuant to this rule, shall be accompanied by a cover sheet. The cover sheet shall:
a. identify the sending party and its voice and facsimile telephone numbers;
b. state the title of the pleading or proposed Order being sent, the number of pages, the case number to which the pleading or Order applies, and provide any necessary instructions for filing; and
c. contain the signature of the attorney or pro se party authorizing the filing.
2. Limitation on Length of Pleadings: The Clerk shall not accept any pleading for filing under this rule greater than nine (9) pages in length. Multiple pleadings or documents per transmission will be accepted as long as the total number of pages received, including the cover sheet, does not exceed ten (10) pages.
3. Date of Filing: Pleadings received by the Clerk, pursuant to this rule, shall be filed of record on the date received, if they are produced in the Clerk's Office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Pleadings received at any other time of day or other days of the week, holidays, or other days the Clerk's Office is closed shall be shown filed of record on the next normal business day such office is open.
4. Copies for Service and Proposed Orders: In the event a pleading is received for filing, which is required to be served upon the adverse party, other than per Trial Rule 5, or which requires the execution of an Order, the filer need only transmit a single copy to the Clerk. The Clerk shall produce duplicate copies for service.
5. Telephone Numbers for Filings: Fax filings shall be transmitted to the Clerk's Office by using the following number: 1-765-492-5351.
6. Retention of Original Pleading: The sending party shall retain the original pleading for the duration of the cause of action or litigation. The Clerk shall not file or accept the original of a faxed pleading. Any such original presented to the Clerk or Court may be destroyed.
7. Response to Fax: The Clerk or Court may return by fax any response or order to the sending party of a fax.
8. Fee for Filing by Fax: There shall be a fee of $1.00 per page, not to exceed $10.00 for each transmission. Parties who are not required to pay a filing fee, Court appointed attorneys, and guardian ad litems are exempt from this requirement. Failure to timely pay the fees may result in the pleading being dismissed and other additional sanctions.
LR 83-TR 79(H)-1, Appointment of Special Judges, Pursuant to TR 79(H).
a. Pursuant to Trial Rule 79(H), after consulting with the other Judges within the 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 county on a rotating basis, as follows: The Judge of the Fountain Circuit Court, the Judge of the Montgomery Circuit Court, the Judge of the Montgomery Superior Court 1, the Judge of Montgomery Superior Court 2, the Judge of Parke Circuit Court, the Judge of Vermillion Circuit Court, and the Judge of Warren Circuit 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 "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 been appointed 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.
LR 83-CR 2.2-1, Assignment and reassignment of felony and misdemeanor cases.
Pursuant to CR2.2 and 13(C), and in the event it becomes necessary to assign a Judge in
the Vermillion Circuit Court on a Felony or Misdemeanor case, the case shall be assigned
to the Judge of the Fountain Circuit Court, the Parke Circuit Court, the Warren Circuit
Court, or any Senior Judge approved to serve in the Vermillion Circuit Court. In the
event no Judge is available for assignment or reassignment of a Felony or Misdemeanor
case, such case shall be sent to the Indiana Supreme Court for the appointment of a
Special Judge. In the event the Judge presiding in a Felony or Misdemeanor case
concludes that the unique circumstances presented in such proceeding require the
appointment by the Indiana Supreme Court of a Special Judge, the Presiding Judge may
request the Indiana Supreme Court for such appointment.
LR 83-AR00-1, Caseload Management Plan.
As the only Court of record in Vermillion County, the Vermillion Circuit Court will
handle all cases filed in the Vermillion County Clerk's Office.
LR 83-AR 15-1, Court Reporters.
1. Definitions: All definitions set forth in Administrative Rule 15 of the Indiana Supreme Court are adopted for the purposes of this Rule.
2. Salary: The Court Reporter shall be paid an annual salary for time spent working under the control, direction, and direct supervision of the Court during any regular work hours, gap hours, or overtime hours.
3. County Indigent Work (Transcripts for litigant declared indigent): A maximum per page fee for County indigent transcripts shall be set at $3.50 per page, plus an additional labor charge at the hourly rate of $20.00 per hour for time spent binding the transcript and the exhibit binders may be charged. The Court Reporter shall submit a claim directly to the County for the preparation of the County indigent transcript. A minimum fee of $35.00 per transcript may be charged.
4. State Indigent Work (Transcripts for litigant declared indigent): A maximum per page fee for State indigent transcripts shall be set at $3.50 per page, plus an additional labor charge at the hourly rate of $20.00 per hour for time spent binding the transcript and the exhibit binders may be charged. The Court Reporter shall submit a claim directly to the State for the preparation of the State indigent transcript. A minimum fee of $35.00 per transcript may be charged.
5. Private Transcripts (Transcripts paid for by a Private Party): A maximum per page fee for private transcript work shall be set at $3.50 per page, plus an additional labor charge at the hourly rate of $20.00 per hour for time spent binding the transcript and the exhibit binders may be charged. A maximum per page fee for copies of transcript shall be set at $2.00 per page. If the Court Reporter is requested to prepare an expedited transcript, the maximum per page fee shall be: $6.50 per page, where the transcript must be prepared within 24 hours or less; and $5.00 per page, where the transcript must be prepared within three (3) working days.
6. Payment Arrangements of Private Party Ordering Transcript: The party requesting the transcript must pay 100% of the projected cost within 14 days of the filing of Notice of Appeal. Court Reporter will not start transcript until full payment is made.
7. Annual Report: The Court Reporter shall report on an annual basis to the Indiana Supreme Court Division of State Court Administration on forms prescribed by the Division, all transcript fees (either county, indigent, state indigent, or private) received by the Court Reporter.
8. Depositions: The Court Reporter shall not engage in private practice through recording of a deposition and/or preparing of a deposition transcript by the use of the Court's equipment, work space, or supplies. If the Court Reporter elects to engage in private practice through recording of a deposition and/or preparing of a deposition transcript, the Court Reporter shall do so using the Reporter's own equipment, supplies, and work space, and any and all of such private practice shall be conducted outside the regular working hours of the Court on the Reporter's own time.
9. Transcripts: All transcript preparation, required by law to be prepared by the Court Reporter, shall be prepared during regular business hours, when possible, but not until all other duties necessary for operation of the Court are completed. In the event the Court Reporter prepares county indigent, or state indigent transcripts or private transcripts, and the same involves gap and/or overtime hours, the Court and the Reporter shall enter into a written agreement, outlining the manner in which the Reporter is to be compensated for such gap and overtime hours. Either compensation shall be paid for gap hours at the hourly rate, and overtime hours paid one and one half (1 1/2) times the hourly rate, or one (1) hour of compensatory time off for each gap hour worked, and one and one half (1 1/2) hour compensatory time off each hour of overtime worked.
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