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WASHINGTON COUNTY SUPERIOR COURT
— Frank Newkirk, JR., Judge
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COURT REPORTERS The Washington County Superior Court was established in 1986, under I.C. 33-5-45.8. The Superior Court has jurisdiction to hear many types of cases, including: adoptions, civil cases, criminal cases including alcohol and drugs or criminal non-support, divorces, estates, guardianships, protective orders, small claims, and criminal cases including theft, burglary, fraud, conversion, check deception, resisting arrest, forgery, robbery, receiving stolen property, residential entry, criminal non-support, alcohol and drug offenses. It is located in the same building as the Washington County Sheriff’s Department at 801 Jackson Street. The Court facilities are located on ground level and are Handicapped-Accessible. Please review the Map Page (Marker #3) if there are concerns about the location. It is the stated policy of the Court to treat all litigants, attorneys and members of the public with courtesy and respect. JURY SERVICE – PROBATION – SMALL
CLAIMS - CIVIL CASES RETURN TO COUNTY DEPARTMENTS MENU
JURY SERVICE Information about Jury Service is contained in the Indiana Jury Rules which can be viewed at http://www.in.gov/judiciary/rules/jury/index.html. Additional information is contained in the Washington County Juror
Summons Form and Juror
Questionnaire. # # #
PROBATION Defendant’s who are convicted may be placed on probation. Probation terms are shown on the sample Terms and Conditions of Probation. If a prosecutor proves by a preponderance of the evidence, to a judge, that probation terms have been violated, probation may be modified or extended, or the probationer may have to serve suspended time in jail. # # #
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 minimum filing fee of $72.00 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 $6,000.00 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. $10.00 will be charged for each additional defendant and service of documents by the sheriff will add $13.00. # # #
CIVIL CASES Civil cases are filed in the Clerk’s Office in the Courthouse. 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 minimum filing fee of $132.00 must be paid at the time of filing. The types of civil cases include: See Sample of Protective Order Petition Forms $10.00 will be charged for each additional defendant and service of documents by the sheriff will add $13.00 # # #
ESTATES Estate cases may be filed in either the Circuit or Superior Court by paying a fee of $152.00. Index of Indiana Estate Laws. # # #
GUARDIANSHIPS Petitions alleging a need for guardianship over incompetent adults or children may be filed for $152.00 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 for an additional fee of $13.00. 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. For more information on Child Support, see the SUPPORT Section below or click this link. # # #
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. To access the State's on-line Child Support Calculator, visit www.in.gov/judiciary/childsupport. 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 The following types of criminal cases are filed in the Superior Court: theft, burglary, fraud, conversion, check deception, resisting arrest, forgery, robbery, receiving stolen property, residential entry, criminal non-support, alcohol and drug offenses. At the initial hearing defendants are advised of their rights and told the amount of their bonds. Charges are explained and future court dates are set. Defendants must appear 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. # # #
FREQUENTLY ASKED QUESTIONS Q. How do I get a continuance of a court date? Q. How do I get a public defender? Q. How long do I have to wait before I can be divorced? Q. What do I do if someone I have a judgment against is not paying? Q. Can I call and talk to the Judge about a case? # # # |
