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Superior Court 1

Judge R. Kent Apsley was elected judge of Shelby Superior Court 1 in November of 2014. He is a 1981 graduate of Indiana University with degrees in Forensic Studies and Political Science. Judge Apsley graduated from Indiana University Mauer School of Law in 1983 and was admitted to bar in 1984. Prior
to going on the bench, Judge Apsley was engaged in the private practice of law for fifteen years as a trial attorney and a Public Defender. He later served as Shelby County Chief Deputy Prosecutor. From 1999 through 2014 he was the elected Prosecuting Attorney for the 16th Judicial District.

Judge Apsley currently serves as a member of the Board of Managers of the Indiana Judges Association. He was also appointed by the Chief Justice to serve as Chair of the Indiana Judicial Conference, Criminal Law Policy Committee. He is a member of the American Judges Association, Indiana Judges Association,
Indiana Council of the Juvenile and Family Court Judges, and the National Council of the Juvenile and Family Court Judges.

Shelby Superior 1 has not issued any jury summonses at this time. Please contact our office at (317) 392-6350 with any questions.

Shelby Superior Court No. 1

General Guidelines for Pro Se Litigants in Dissolution Cases

You have filed a Dissolution of Marriage case on your own. Divorce often involves complex child custody, child support, division of property and debts, and other long-term financial considerations. Any person may represent himself or herself in Court without a lawyer. However, this does not make the judge or Court staff your lawyer. The Court cautions you that if you choose to “do-it-yourself”, you do so at your own peril. The Court strongly urges both parties to seek the assistance of legal counsel. Often the agreements you make or orders that are entered, cannot be undone simply because you made a mistake or later change your mind. The Clerk, the Judge, and the Court staff are not permitted to assist you in preparing or presenting your case. They are also not allowed to offer legal advice.

If you cannot afford to hire an attorney, you may qualify for a volunteer attorney at no cost. Contact:

Legal Aid District Eleven1531 13th Street, Suite G330
Columbus, IN 47201
Phone
: (877) 378-0358

Sample Court forms for self-represented parties can be found at: https://www.in.gov/courts/selfservice/.

Your divorce may be finalized by either a contested Final Hearing or by an Agreement and Waiver of Final Hearing.

Contested Final Hearing

In the event the parties are not in agreement on the terms of their divorce, at least one party must:

  1. File a Motion for Final Hearing, and
  2. Provide the Court with a proposed Order to Appear setting the case for Final Hearing.
  3. Before a Final Hearing can be set, the Petitioner must ensure the Respondent has been served with a Summons and the Petition for Dissolution.
  4. If the parties have children in common, the parties must complete the Children Cope with Divorce Class, pursuant to local Court rule. Proof of completion must be submitted to the Court before a Final Hearing will be scheduled.
  5. The parties must attempt mediation of custody and parenting time issues prior to requesting a Final Hearing, pursuant to local rule.
  6. The parties are required to provide the Court with a Child Support Work Sheet at the Final Hearing. The worksheets can be found at: http://myCourts.in.gov/csc/parents/.

Agreed Dissolution/Waiver of Final Hearing

In the event the parties are in agreement on the terms of their divorce, the parties must:

  1. Complete the Children Cope with Divorce Class if the parties have children in common, pursuant to local Court rule. Proof of completion must be submitted to the Court before the Court will approve the dissolution.
  2. No sooner than 60 days from the date of filing the Petition for Dissolution of Marriage, the parties must submit:
    1. a Verified Waiver of Final Hearing signed by both parties, and
    2. a NOTARIZED Decree of Dissolution of Marriage, signed by both parties.
    3. All documents must be completely filled out. The Court cannot make changes to the document provided.

COVID-19 Court Notice

In the Indiana Supreme Court
In the Matter of the Petition of the Shelby County Courts for Administrative Rule 17 Emergency Relief
Supreme Court Case No. 20S-CB-143 Order

The courts of Shelby County (hereinafter “courts”) en banc have petitioned this Court for emergency relief pursuant to Indiana Administrative Rule 17. The petition states that the World Health Organization has determined the outbreak of COVID-19 (“virus”) is a worldwide pandemic; national and Indiana states of emergency have been declared a a result; the Centers for Disease Control and Prevention (“CDC”) has determined that “social distancing” among other preventative measures is necessary for the prevention of further spreading the virus, including cancellation of in-person gatherings of fifty (50) people or more for the next eight (8) weeks and other drastic steps.

The petition further states that due to a shortage of cleaning and sanitation products, the courts find that Shelby County does not possess adequate hygiene stations or sanitation supplies for the large volumes of people who regularly appear at the Shelby County courthouse.

The Honorable R. Kent Apsley has been appointed as the presiding Judge for this emergency. It appears from the petition that this emergency inhibits litigants’ and courts’ ability to comply with statutory deadlines and rules of procedure.

The Court therefore finds that good cause exists for granting emergency relief. Being duly advised, the Court GRANTS the petition, DECLARES pursuant to Indiana Administrative Rule 17 that an emergency exists in Shelby County, and APPROVES the plan as submitted.

The Court further ORDERS as follows to ensure the orderly and fair administration of justice during this emergency, effective March 17, 2020:

1. The Court authorizes the tolling, from the effective date of this order through May 4, 2020, of all laws, rules, and procedures setting time limits for speedy trials in criminal and juvenile proceedings, public health, mental health, and appellate matters; all judgments, support, and other orders; and in all other civil and criminal matters before the courts of Shelby County. Further, no interest shall be due or charged during this tolled period.

2. Through May 4, 2020, this Court authorizes immediate suspension of all criminal and civil jury trials, including those with a “fast and speedy” setting requested, beginning March 13, 2020 through May 4, 2020. The courts are directed to review no later than 2 April 17, 2020 whether continued suspension is necessary; and if it is not, to resume jury trials no later than May 4, 2020 to allow adequate notification of the jury pool. If the courts believe continued suspension is necessary, they may petition this Court to extend the suspension.

3. Through May 4, 2020, this Court authorizes the courts to continue all pre-trial conference and non-essential hearings, hold hearings by counsel only whenever possible, and allow counsel to appear remotely.

4. Through May 4, 2020, the courts may consider (a) the existence of flu or flu-like symptoms in any attorney, self-represented litigant, or witness expected to testify; or (b) exposure of such individuals to anyone who has or may have COVID-19; to constitute “good cause” to either appear remotely or continue a court setting, to the extent possible without violating statutory or constitutional rights.

5. Through May 4, 2020, the courts, as directed by each court’s presiding judge, are authorized to reduce the number of court staff members working and/or to permit working remotely if feasible; provided, however, that the courts shall maintain sufficient operations to handle emergency matters.

6. Through May 4, 2020, the courts are authorized, in their discretion and subject to applicable Constitutional limitations, to limit spectators (other than parties to the litigation and their attorneys) in courtrooms to the extent necessary to provide adequate social distancing.

7. The courts shall file a status update no later than April 29, 2020 to inform this Court of whether there is an ongoing need for emergency relief. Done at Indianapolis, Indiana, on 3/18/2020.

Loretta H. Rush
Chief Justice of Indiana Supreme Court

Superior Court 1

Judge R. Kent Apsley

Court House, Room 209
407 S. Harrison St.
Shelbyville, IN 46176

Phone: (317) 392-6350
FAX: (317) 421-2468

Hours:

Monday – Friday
8AM – 4PM

Closed for Lunch
12PM – 1PM