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WASHINGTON COUNTY CIRCUIT
COURT |
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| COURT REPORTERS The Washington Circuit Court was established as a result of a directive contained in the Indiana Constitution that the state be divided into several circuits by the General Assembly. Washington County constitutes the 42nd Judicial Circuit. The circuit courts are vested with unlimited trial jurisdiction in all cases, except when exclusive or concurrent jurisdiction is conferred upon other courts. The Washington Superior Court has concurrent jurisdiction with the Circuit Court in all cases, except for juvenile matters. Circuit Court is located on the second floor of the Courthouse. JURY SERVICE – SMALL
CLAIMS - CIVIL CASES - ESTATES - GUARDIANSHIPS RETURN TO COUNTY DEPARTMENTS MENU
JURY SERVICE 1. Selection - Selected at random from voter and motor vehicle lists. 2. Qualifications 3. Exemption 4. Deferral 5. Hardship 6. Documentation 7. Term of Jury Service 8. Jury Orientation 9. Number of Jurors 10. Challenge for Cause 11. Pay 12. Questionnaire # # #
SMALL CLAIMS Small Claim cases are filed in the Clerk’s Office in the Courthouse on Forms provided by the clerk (see sample). They may be filed in either Superior or Circuit Court. A filing fee of $44.00 must be paid at the time of filing. The case is given a cause number and a court date. Parties must be served with notice of hearing. This may be through certified mail or by sheriff. Small Claim Rules allow for claims up to $3,000.00 plus court costs. A hearing is held and parties are allowed to present testimony and exhibits. Any witnesses should be present at the time of the hearing. The Court will make a ruling upon completion of testimony. A judgment bears interest at 8% per year and creates a lien upon the losing party’s real estate. Any payments are collected through the Clerk’s office in the Courthouse. When claim is paid in full, case is dismissed and the lien released. # # #
CIVIL CASES Civil cases are filed in the Clerk’s Office in the Courthouse. Except for protective orders, no preprinted forms are provided for these cases and the parties must comply with strict rules and deadlines as set out in the Indiana Trial Rules and Indiana Rules of Evidence. A filing fee of $109.00 must be paid at the time of filing. The types of civil cases include: See Sample of Protective Order Petition Forms # # #
ESTATES Estate cases may be filed in either the Circuit or Superior Court by paying a fee of $129.00. Index of Indiana Estate Laws. # # #
GUARDIANSHIPS Petitions alleging a need for guardianship over incompetent adults or children may be filed for $129.00 in the Circuit or Superior Court through the Clerk’s Office in the Courthouse. Index of Guardianship Laws. # # #
DIVORCE Divorce cases are filed at the Clerk’s Office in the Courthouse. They may be filed in either Superior or Circuit Court. There is a filing fee of $109.00, which may be waived by the Judge if indigence is proven. The person filing for the divorce is called the Petitioner and the other party is called the Respondent. Service of all documents must be made upon the Respondent, either in person at the clerk’s office, by certified mail, or by Sheriff. You do not have to be represented by an attorney, although many people find this to be the best, particularly if children are involved. If you file a divorce without an attorney, you may download Divorce Forms from the Indiana Government Website. A hearing may be required for the completion of a divorce, depending upon whether or not the parties agree upon distribution of property and debts, custody and child support. At least sixty (60) days from the filing date must elapse before a divorce can be granted. If both parties agree on all issues, they may both file their written agreement and a waiver of final hearing with the Court, and a decree of dissolution can be entered without a hearing, otherwise the Court will conduct a hearing upon the request of either party. Index of Dissolution Laws. The Indiana Supreme Court has established Parenting Time Guidelines and Child Support Guidelines for use in cases involving children. # # #
SUPPORT Child Support is money paid by the non-custodial parent to the parent with whom the child(ren) reside. Its purpose is to provide a home and necessary items for the child(ren). The State of Indiana has official Child Support Guidelines to help calculate the amount of support, taking into account the number of children, income of both parents, the number of subsequent children in the household, and other factors. A Judge can order a support amount or the parties can agree. Payments are usually made through the Clerk’s Office in the Courthouse, which keeps a record of all payments. Many people pay support by Wage Withholding Orders which allow their employers to send weekly payments to the Clerk automatically. You do not have to hire an attorney to seek support or to request modification of child support, although many people find this is best. The Washington County Prosecutor’s Office has a Child Support Enforcement Division which, for a nominal fee, will represent custodial parents in court. Their phone number is 812-883-6569 and they are located in the Washington County Government Building just south of Superior Court. Except when withheld by wage withholding orders, payments to the Clerk must be made by cash, certified check, or money order and should include the case number. (see sample form) # # #
CRIMINAL Any charge that involves alcohol, drugs or non-support of dependants is filed in the Superior Court. All other criminal charges are assigned to Circuit Court pursuant to Local Rule 1. At the initial hearing defendants are advised of their rights and deadline dates, pretrial dates and Trial dates are set. Defendants must ppear for all court dates. Defendants who are found to be indigent may have an attorney appointed to represent them. It is recommended that a defendant speak with an attorney within ten (10) days in a misdemeanor case or within twenty (20) days in a felony case to avoid missing any important deadlines. An attorney is not required to complete a case, although it is recommended due to the complexity of the law. Felony defendants will automatically be entitled to a trial by Jury. Misdemeanor defendants are entitled to a trial by Jury, but must ask for a Jury Trial at least 10 days prior to the first trial date. Upon a conviction, any fees shall be paid through the Clerk’s Office in the Courthouse. Local Rules determine in which Court cases will be filed. The Washington County Bond Schedule may allow some defendants to bond out of jail prior to their court hearings, subject to strict Conditions for Release on Bond. # # #
JUVENILE CASES Juvenile matters consist of delinquency, children in need of services (CHINS) and paternity actions. These cases are filed with the juvenile division of the circuit court. Delinquency cases are initiated by the prosecuting attorney while the attorney for the Office of Family and Children generally files CHINS petitions. A paternity action may be filed by the parties or the child support division of the prosecuting attorney's office. Pursuant to I.C. 31-30-1-1, generally, the juvenile court has exclusive jurisdiction over delinquency proceedings in which a child is alleged to be delinquent under I.C. 31-37, and which involve: 1. Offenses that would be a crime if committed by an adult except as excluded under I.C. 31-3-1. 2. Status Offenses: a. Leaving home (I.C.
31-37-2-2), 3. Acts by a child who is less than sixteen (16) years of age that would be misdemeanor traffic offenses if committed by an adult [I.C. 31-30-1-1(8)]. 4. Acts by a child that would be the offense of operating a I.C. 31-30-2-1 also vests the juvenile court with exclusive jurisdiction over proceedings in which a child is alleged to be a CHINS under I.C. 31-34-1. Circumstances defining when a child is a CHINS are set forth in I.C. 31-34-1. # # #
TRAFFIC VIOLATIONS Traffic violations are filed with the Traffic Violations Bureau in the Clerk’s office. Individuals who wish to deny the alleged violation will be assigned a hearing date in the Circuit Court. A schedule of costs has been established of the judgments to be imposed upon an admission or a finding by the Court that the individual violated a statute defining the infraction. For additional information concerning traffic violations and procedures, please visit the Traffic Court Division section of the Clerk’s web site.
Speeding 1-15 over limit ............................ $ 90.00 # # # |
