`

IndyBar: Incorrect Marion Superior Local Rule Published

June 17, 2015

The Marion Superior Court has announced that the local rule referenced in the 2015 Indiana Rules of Court Volume III- Local book published by Thomson Reuters does not contain the court’s current local rule regarding Writs of Attachment.

The current local rule is published online at: http://www.in.gov/judiciary/files/marion-local-rules.pdf and is below for reference. The current local rule went into effect last year.

LR49-TR4.12-202 WRIT OF ATTACHMENT: PROCEDURE

A. Writ of Attachment Upon failure of a judgment defendant or garnishee to appear as ordered for a scheduled hearing when either copy or personal service has been obtained and unless otherwise directed by the Court, the judgment creditor may schedule a hearing on a Rule to Show Cause as to said individual. If the individual is personally served with the Order to Appear on the Rule to Show Cause and subsequently fails to appear, the Court may make the matter eligible for a writ of attachment of the individual. The submission of a writ of attachment shall be made within 30 (thirty) days of the date of eligibility. The judgment creditor shall provide any identifying information available to assist in the enforcement of the attachment and shall provide properly completed forms as may be required by the Court from time to time. These forms include:

1. 3 (three) copies of the Order for the writ of attachment which sets the appropriate cash bail (IC 34-49-1(b) requires a minimum cash bail in the amount of $100.00)

2. Warrant Information Card, including all identifying information available to the Judgment Creditor

3. Any telephone numbers at which the Court may notify the judgment creditor or attorney of the individual’s attachment

B. Writ of Attachment-Law Enforcement. Any law enforcement officer may attach any individual named in the writ of attachment. Once the individual is taken into custody, the individual shall be processed through the Arrestee Processing Center. The Marion County Sheriff’s Office shall provide the Court with prompt notification that the individual has been attached. If the attached individual is unable to make bail, the Marion County Sheriff’s Office shall bring the individual before the Court issuing the writ of attachment as soon as is reasonably practicable. Where an individual has posted bail prior to appearing before the Court, the Marion County Sheriff shall provide notice to the individual of the new date and time for a hearing before the Court with a caution that failure to re-appear shall be grounds for rearrest and a higher bail.

The Supervising Judge of the Arrestee Processing Center shall have the authority to release on his or her own recognizance any attached individual unable to post cash bail in instances of emergencies and/or jail overcrowding.

C. Writ of Attachment-Hearing. Upon receipt of notice of the attachment of a judgment defendant or garnishee defendant by a law enforcement officer, the Court shall attempt to contact the judgment creditor or attorney of record at the telephone numbers provided to the Court. The Court shall schedule the matter for a hearing as soon as possible and will advise the judgment creditor or attorney to appear in person to question the judgment defendant at this time. The judgment creditor or shall be given at least 2 (two) hours notice to appear and question the judgment defendant as directed by the Court. If the judgment creditor or attorney fails to appear within the 2 (two) hour period, the Court may, in its sole discretion, release the defendant and dismiss the proceedings supplemental or provide the judgment defendant with a new date and time to appear and be questioned by the judgment creditor or attorney.

D. Writ of Attachment-Calendaring, Expiration and Recall. A writ of attachment expires 120 (one hundred and twenty) days after the date of issuance. Upon issuance of a writ, the Court staff shall use the electronic case management system to calendar the writ to ensure its immediate recall upon expiration. The judgment creditor may petition for recall of the writ at any time prior to the expiration date upon written motion which shall state the reason for the recall. Upon recall of a writ of attachment, the proceedings supplemental shall be dismissed by the Court.•

(Amended effective August 15, 2014)

ADVERTISEMENT

Recent Articles by From IndyBar