Fishers City Court Rules

Order of Adoption

The Fishers City Court hereby adopts the following rules to aid in the fair and efficient resolution of disputes.

These rules apply to all Attorneys and Parties.

These rules (or their subparagraphs) shall be cited to the Court as “Fishers City Court Rule ____,” and shall be so cited when relied upon in support of any action sought by the Court.

These Rules are not to be construed as being in conflict with the Indiana Rules of Trial Procedure or any other Rule applicable to Trial Courts in the State of Indiana as promulgated by the Supreme Court of Indiana.

Ordered, Adopted and Effective this 2^nd  day of April 2, 2024.

_________________________________________

Daniel E. Henke, Judge
Fishers City Court

Rule 101: Court Jurisdiction 

• 101.1:  While the Court has authority over ordinances, infractions and misdemeanors pursuant to I.C. 33-35-2-3, the Fishers City Court elects to exercise a limited jurisdiction over Fishers City Ordinances and those State Infractions that may be filed before it. The Fishers City Court will not exercise any jurisdiction over any criminal matters.
• 101.2:  The Court may hear Municipal Ordinances from any other Municipality located in Hamilton County upon the entry of a properly executed Interlocal Agreement between the City of Fishers and the other Hamilton County Municipality.

Rule 102: Court Hours 

• 102.1: The Fishers City Court shall be in session Monday through Friday, excluding legal holidays for the City of Fishers as established by the Fishers City Council. The Court shall also be in session during such other hours as the Court may, from time to time, direct or post.

Rule 103: Court Closing 

• 103.1: When weather conditions or other emergencies arise, upon a declaration of closing of Fishers City Offices by the Fishers City Mayor or the Fishers City Council shall also constitute a closing of the Fishers City Court.
• 103.2: The Court will make reasonable efforts to notify litigants of any Court closing if the Chronological Case Summary contains a current telephone number; however, the Court shall not be responsible for contacting any attorneys or pro se litigants if they have not provided the Court with an accurate telephone number.
• 103.3: In the event that Court is closed, the Court shall be responsible for rescheduling all matters on the Court calendar at a future date, and shall issue notice of the Court date consistent with all other notice issued by the Court.

Rule 201: Filing of Pleadings & Entry of Appearances 

• 201.1   All pleadings shall be filed with the Clerk of the Court consistent with the provisions of Rule 86 of the Indiana Rules of Trial Procedure.

Rule 301: Creation of Traffic Violations Bureau 

• 301.1: The Court hereby establishes a Traffic Violations Bureau, and the Customer Experience Office Manager of the City of Fishers Customer Services Division is appointed as a violations clerk. Subject to the approval of the Court, the Customer Experience Office Manager is authorized to appoint such Deputy Violations Clerks as the Customer Experience Office Manager deems necessary.
• 301.2: Pursuant to I.C. 34-28-5-8, the violations clerk or deputy violations clerk shall: 
  • (1) accept: 
    • (A) written appearances; 
    • (B) waivers of trial;
    • (C) admissions of violation;
    • (D) declarations of nolo contendere for moving traffic violations;
    • (E) payments of judgments (including costs) in traffic violation cases;
    • (F) deferral agreements made under section 1(f) of this chapter (or IC 34-4-32-1(f) before its repeal) and deferral program fees prescribed under IC 33-37-4-2(e); and
    • (G) community restitution or service agreements made under section 1(g) of this chapter;
  • (2) issue receipts and account for any judgments (including costs) collected;
  • (3) pay the judgments (including costs) collected to the appropriate unit of government as provided by law.
  • (4) accept, receipt and account for all money tendered consistent with the City of Fishers internal accounting policies.
  • (5) dismiss deferred actions if a dismissal request is made under section 1(f) of this Rule. 
  • (6) make monthly accounts of funds received, and shall distribute such funds as required by law. A monthly report of such accounting shall be provided to the Judge of the Fishers City Court and to the Fishers City Controller.
  • (7) provide such reports of Court activity to State Court Administration as required by rules of the Indiana Supreme Court and as directed by the Judge of the Fishers City Court. 
• 301.3: The Court shall publish, and from time to time amend, a Schedule of Fines and Costs for Infraction and Ordinance violations, which shall designate the violations within the authority of the violations clerk, and which establishes a schedule of judgments. The violations clerk shall post the current schedules at the locations where payment is made.        
• 301.4: Any person charged with a traffic violation that is within the authority of the Violations Clerk may mail or deliver the amount of judgment (including costs in the posted schedule) and a signed admission of the violation or a plea of nolo contendere (if the action for a moving traffic violation) and need not appear in open court. The Violations Clerk is authorized to accept such payments but, before accepting any pleading admitting to a violation or entering a person (or determine that the person has been informed) that the person’s signature to an admission of the violation or to a pleading of nolo contendere will have the same effect as a judgment of the Court and that a record of the judgment will be sent to the Commission or the Bureau of Motor Vehicles (the “BMV”) of Indiana or to the BMV of the state where the person received a license to drive.
• 301.5: To assist in the efficient functioning of the Court, the Traffic Violations Bureau and the City of Fishers Customer Services Division further establishes the following procedures:
  •  (A) The Court takes notice that a person cited into court for a traffic violation that is either an infraction or an ordinance violation is given personal notice of his/her appearance date. Accordingly, any person so cited who fails to appear (“FTA”) as required shall be deemed to have had sufficient legal notice and subject to the sanctions of I. C. 9-30-3-8 including but not limited to the issuance of an arrest warrant for Indiana residents.
  • (B) Notwithstanding the above subparagraph (301.4a), no action shall be taken for a FTA for a court session until 30 days have elapsed from the date of the scheduled appearance. At the end of the 30 days, the Violations Clerk shall promptly send notice of the FTA to the BMV as required by statute.
  • (C) At the time notice of an FTA is sent to the BMV, the Traffic Violations Clerk shall also increase the fine on the assessed fine schedule by $50.00 per offense, except for Seat Belt Violations, where the fine shall be increased by $25.00.
  • (D) Once a defendant has FTA, and notice of that FTA has been sent to the BMV, the defendant may resolve his/her FTA status in the following manner:
    • (1) If the cause is not for an offense for which the defendant is required to appear in Court, by making an admission or entering a plea of no contest and paying the scheduled fine plus court costs including any applicable fine increase for FTA, or;
    • (2) Appear in Court on a date set by the Violations Clerk/Court staff not to exceed 30 days from the date of the request. The Violations Clerk shall inform the Defendant that no continuances will be granted, and that no action will be taken on terminating the FTA on the driving records until the defendant appears in Court;
  • (E) The Violations Clerk is authorized send letters in those situations where incorrect amounts have been tendered as payment for court costs and fine, or where payment has been tendered by mail but the defendant is required to appear in person in open court. However, where a person fails to pay any fine or court costs imposed on an infraction or an ordinance violation in full by the date specified by the Court in said mailing, the defendant shall be subject to the late payment fee established by Rule 501, and shall be shown as a Failure to Pay (FTP), and such FTP shall be reported to the BMV for appropriate action.
  • (F) Where a defendant has appeared in open court as required and a judgment for fine and court costs has been entered, and the defendant has requested and been granted time to pay, and then fails to pay as agreed, the defendant shall be subject to the late payment fee established by Rule 501, and the Violations Clerk is authorized to send notice of FTP to the BMV.
  • (G) The Violations Clerk is also authorized to correct purely clerical errors of the Courts in relation to matters on the traffic docket, including but not limited to matters within the authority of the Traffic Violations Bureau, without the need for specific orders of the Court.
  • (H) The Violations Clerk may grant one request for continuance of an initial hearing to a defendant who requests same. No additional continuances of an initial hearing may be granted unless specifically approved by the Court. The Violations Clerk shall notify the Defendant of the new date, notify the defendant that no additional continuances will be granted without approval of the Court, and shall make appropriate entry to the CCS regarding the rescheduling of the initial hearing.
•      301.6: The Violations Clerk, and all Deputy Violations Clerks, when performing the duties enumerated by this Order, shall at all times perform such duties under the supervision and control of the Fishers City Court. In the performance of these duties, all Traffic Violations Clerks are considered acting under authority of the Judicial Branch of government, and shall comply with all Supreme Court Rules involving Trial Procedure and Administration. All direction regarding the performance of these duties shall be provided by the Judge of the Fishers City Court and/or staff of State Court Administration.
• 301.7: The Violations Clerk shall maintain a separate desk, payment window and cash drawer for the purposes of the Traffic Violations Bureau to handle payments to the Court. Only such employees of the Fishers Customer Services Division who are authorized to act as Deputy Violations Clerks, and have been authorized access by the Judge of the Fishers City Court, shall access any of the records, money or dockets of the Traffic Violations Bureau.

Rule 302: Transfer of Infraction Cases

• 302.1: Deleted
• 302.2: Deleted

Rule 303: Special Judges 

• 303.1: In the event it becomes necessary to appoint a special judge for a violation of a State Infraction, the case shall be transferred to either Superior Court 4, 5 or 6 of Hamilton County under the process set forth in Rule 302.
• 303.2: Pursuant to Trial Rule 79.1(F), in the event it becomes necessary to appoint a special judge for a violation of a City Ordinance, if the Parties fail to agree to the appointment of a Special Judge, the case shall be transferred to either Superior Court 4, 5, or 6 of the Hamilton Superior Court.

Rule 401: Trials 

• 401.1: Court trials shall begin promptly at the time assigned. The attorneys and the litigants are encouraged to arrive substantially in advance of the scheduled time for the purpose of entering into any last minute stipulations or agreements.
• 401.2: Trials shall adjourn or conclude between 4:00 p.m. and 4:30 p.m. or as the Court shall direct.

Rule 402: Continuances 

• 403.1: Motions for continuance shall be in writing and include the following information: 
  • a. The date and time opposing counsel was advised that a continuance will be requested. 
  • b. Whether opposing counsel or party agrees with or objects to the request. 
  • c. The date and time of the hearing or trial for which a continuance is being sought. 
  • d. The approximate amount of time needed to elapse before the matter can be heard. 
  • e. A good-faith estimate of the time needed for such hearing or trial when rescheduled. 
• 403.2: Unless good cause is shown, no motions for continuance will be considered unless filed at least 48 hours before a court trial or hearing.
• 403.3: When an attorney enters an appearance, it is the attorney’s responsibility to review the file and become aware of all previously scheduled hearing dates.
• 403.4: A signature by an attorney on the request for continuance is certification by that attorney that the client has been notified of the request, agrees to the continuance and to the reason for which the continuance is sought.
• 403.5: The Clerk of the Court is authorized to grant one postponement or continuance of an initial hearing to a defendant who requests same. The Clerk is required to notify the defendant of the rescheduled Court date and document in the CCS that the case has been continued at the request of the defendant and the status of notification to the defendant of the new Court date.

Rule 404: Evidence 

• 404.1: Evidence presented in Court must be in a form that can be marked as an exhibit and held by the Court Reporter in the Court file for seven (7) years. Digital media, consisting of photographs, video, maps, diagrams or illustrations, must be presented to the Court in the form of a CD, DVD, or other media storage device than can be marked as an exhibit. Further, the media must be in a format that can be shown or displayed in the Courtroom.
• 404.2: The Parties are responsible for compliance with this Rule. The Court will not provide digital media or storage devices. The Court will not consider as evidence digital media contained on a cell phone, tablet or other device which does not comply with this Rule.

Rule 501. Late Payment Fee 

• 501.1: Fines, court costs and civil penalties assessed for infractions or violations of municipal ordinances, are to be paid before 4:00 p.m. on the date they are assessed unless otherwise ordered. An order extending this deadline will be presumed to require payment on or before 4:00 p.m. of the extension deadline date or on the last business day of the extension period if a specific date is not set.
• 501.2: If said fine, cost, or penalty is not paid in conformity with this rule or the court order extending the deadline, the Clerk may collect a late fee under IC 33-37-5-22, (b) Failure to pay within the time period specified in Paragraph (a) will result in the defendant incurring a late fee in the amount of twenty-five dollars ($25).
• 501.3: The Court may waive the late fee specified in Paragraph (b) if it finds that the defendant is indigent or that the defendant has demonstrated good cause for failing to make timely payment.

Rule 502: Duplication Fees 

• 502.1: In order to comply with IC 5-14-3-8, the following fees for duplication of audio and video media, when permitted by the Court, are hereby established:
  • Audio Tape: $3/each 
  • Video Tape: $5/each 
  • CD: $5/each 
• 502.2: Copies of any written document of the Court shall be produced at a cost of $1.00 per page. 

Rule 503: Courtroom Rules 

• 503.1: No person shall possess a deadly weapon in the Court, court offices, or in the hallways or areas adjacent to such court. This subsection does not apply to the Court Bailiff or any law enforcement officer while on active duty.
• 503.2: A deadly weapon is defined as follows: 
  • a. A loaded or unloaded firearm; 
  • b. A weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury. 
• 503.3: The Bailiff and/or law enforcement officers may detain persons which they have reason to believe possess such deadly weapons in violation of this rule long enough to obtain proper name, address, date of birth and social security number and/or to seize such deadly weapon. 
• 503.4: Any person who possesses a deadly weapon in violation of this rule shall be immediately brought before the Court for a Direct Contempt Hearing.
• 503.5: Food and beverages are not permitted in the Courtroom. 
• 503.6: Use of any cellular phone or other electronic device in the Courtroom is prohibited. Counsel may use cellular phones, laptop computers or other electronic devices as necessary to conduct business before the Court.
• 503.7: The Court Bailiff may establish any and all necessary procedures needed to carry out this rule.
• 503.8: The Bailiff and/or law enforcement officers shall seize all prohibited items in violation of this rule. All seized items shall be held by the Bailiff until further Order of the Court.

Rule 504: Payment

• 504.1: The Court Clerk will accept payment for judgments in the form of cash, cashier’s check, or money order. 
• 504.2: The Clerk will not accept a personal or business check for payment of judgments. 
• 504.3: Payment can be made by credit or debit card through a third-party credit card vendor authorized by the Court pursuant to Indiana statute. 
• 504.4: The Clerk will not accept payment in the form of coin or change in an amount greater than ten dollars ($10.00). 

Rule 505: Court Reporter

• 505.1: The City Clerk shall designate such Deputy Clerks as necessary to act from time to time in the capacity of Court Reporter. When acting in the capacity of Court Reporter, the Deputy Clerk shall create a record of the proceedings, and accept and securely hold such exhibits as may be offered and admitted into evidence.
• 501.2: Transcripts: The Court Reporter shall prepare transcripts upon request by any party to the proceedings. The party requesting a transcript shall pay $5.00 per page for a transcript of the proceeding. Before preparing the transcript, the Court Reporter may provide a good faith estimate of the cost of the transcript of the proceedings, and require that a deposit be made for payment of the transcript.
• 501.3: Unless otherwise Ordered by the Court, fees for Transcripts shall be deposited in the City General Fund. 
• 501.4: The court reporter shall report on an annual basis to the State Court Administrator all transcript fees, whether county indigent, state indigent, or private received by the court reporter.