Welcome to Washington County Solid Superior Court

Washington County Superior Court:

The Washington County Superior Court was established in 1986. It has jurisdiction to hear adoptions, civil cases, criminal cases, divorces, estates, guardianships, protective orders, and small claims. LOCAL RULES determine whether a case will be heard in the Superior Court or the Circuit Court.

Our office is located in the same building as the Washington County Sheriff’s Department on Jackson Street. The Court facilities are located on ground level and are handicapped accessible. Please review the Map Page if there are any questions 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.

DISCLAIMER – Washington County Indiana provides this site as a service to the community. It assumes no responsibility for mistakes or information which becomes obsolete due to changing statutes or rules.

WAIVER – Washington County Indiana provides this website as a service to the community. It assumes no responsibility for mistakes or information which becomes obsolete due to changing statutes or rules.

For Superior Court related information please view the following:

JURY SERVICE

Pay – Citizens who are directed to appear in Court for jury duty will be paid as follows:

Potential Jurors are paid $25.00 for being summoned to Court.
Jurors are paid $57.50 per day if selected to serve.
Jurors receive a mileage allowance of .40 per mile between their home and the Court for each day of service.
Checks are mailed for Juror service 3-5 weeks after service.

Questionnaire

Potential jurors will be sent a Questionnaire and Qualification Form to complete and return to the Court.

PROBATION

Defendant’s who are convicted may be placed on probation. Probation terms are shown on the sample Terms and Conditions of Probation (pdf).

If a prosecutor proves by a preponderance of the evidence, to a judge, that probation terms have been violated, the probationer may have to serve suspended time in jail or prison.

SMALL CLAIMS

Small Claim cases are filed in the Clerk’s Office in the Courthouse on Forms provided by the clerk. They may be filed in either Superior or Circuit Court. A filing fee 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. There is a $13.00 fee for delivery of papers by the 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 a judgment is paid in full, the case is dismissed and the Judgment lien is released.

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 filing fee must be paid at the time of filing. There is a $13.00 fee for delivery of papers by the sheriff.

The types of civil cases include:

Civil Tort –Based upon negligent or intentional acts or omissions.

Civil Plenary – Including contract actions.

Civil Collection – Based upon debts, accounts, and promissory notes.

Mortgage Foreclosure – Relating to promissory notes secured by mortgages on real property.

Protection Orders – Some victims of sex offenses, threats, harassment, or stalking may request an immediate court order to prevent direct or indirect contact. In some cases the court may require a court hearing to continue the order.

To see the laws relating to protective orders see:

I.C. 34-26-5; I.C. 31-34; I.C. 31-37; I.C. 34-26-6

Click here for Protective Order Petition Forms

ESTATES

Estate cases may be filed in either the Circuit or Superior Court. A filing fee is required. Index of Indiana Estate Laws

GUARDIANSHIPS

Petitions alleging a need for guardianship over incompetent adults or children may be filed in the Circuit or Superior Court through the Clerk’s Office in the Courthouse. A filing fee is required. 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, 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. There is a $13.00 fee for delivery of papers by the 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.   For more information on Child Support, see the SUPPORT section below.

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 online 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 at 806 Martinsburg Road, Salem, Indiana.

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.

CRIMINAL

Any criminal case that involves alcohol, burglary, check deception, controlled substances, conversion, forgery, fraud, non-support, receiving stolen property, residential entry, resisting law enforcement, robbery or theft is filed in the Superior Court. At the initial hearing defendants are advised of their rights and deadline dates, pretrial dates and Trial 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?
A.   You need to request the continuance in writing prior to the court date and provide a copy of that request to the other party in the case. Clearly explain your reasons for the request. Your current address and all current phone numbers should be provided to the Court. You should then contact the Court to see if the continuance has been granted.

Q. Where do I file a Small Claim?
A. In the Clerk’s office in the main level of the Courthouse.

Q. How much money can I file for in a Small Claim?
A. The maximum is now $6,000.00 plus Court costs.

Q. How do I get a public defender?
A. You must request a public defender at your initial hearing or in writing.   A written request may be hand written and should set out financial information that establish an inability to hire an attorney.

Q. How long do I have to wait before I can be divorced?
A. You must wait at least 60 days from the date the case is filed. Unless the parties file a written agreement, waiver of rights and decree of dissolution, they will need to request a hearing date to be held after 60 days. Divorce Forms

Q. What do I do if someone I have a judgment against is not paying?
A. You may ask the clerk to set a hearing on a Proceeding Supplemental by filing a Motion for Proceeding Supplemental Form in the Clerk’s Office. There is no additional cost for this procedure, except for a possible sheriff’s service fee of $13.00. You may also ask the clerk to send the debtor’s employer Interrogatories. If he or she has sufficient income, you may then ask the Judge to order their wages garnished to pay your judgment in regular weekly or monthly payments.

Q. Can I call and talk to the Judge about a case?
A.   No. The Judge has to remain an impartial partial party and can not speak with one side without the other side being present, with all statements being recorded. He is not allowed to give legal advice.