Hardship License
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Hardship License

To file a hardship license petition in the Marion County Circuit and Superior Civil Division Courts, the following is required:

Complaint-Petition:

    • Court's File: original and one (1) copy.
    • Service: one (1) per defendant served.
    • Attorney's or Pro se File: one (1) copy.

Service of Summons-Orders Per Defendant:

A.  Service:

    • By Sheriff or Certified Mail: Original and three (3) copies of the
      summons.
    • All papers served that are signed by the Judge two (2) copies.
    • Any motions or other pleadings served with summons and orders one (1)
      copy.

B.  Attorney's or Pro se File: one (1) copy.

C.  Courts file: Original of all pleadings (you may want to check with each court to
see how many copies of Motions and Orders that they require)

D.  Appearance Form: one (1) copy.

Miscellaneous Information:

    • An Initiating Party Appearance form is required for any new filing. A case
      will not be filed if one is not included. Original and one (1) copy.

PLEASE NOTE:

    • All pleadings must be on 8 ½ x 11-inch paper.
    • Be prepared to pay a filing fee. Click here to review filing fees by case type. There is $10.00 for each additional named defendant.
    • If Sheriff service; a fee payable to the County Sheriff of $13.00 per case.
    • A self addressed stamped envelope for return copies. If one is not
      supplied, your copies will not be returned.
    • Please send the correct number of copies.

The party filing must inform the file clerks of the following before the case is filed
(see sections 1, 2 and 3 below). If the case was in another county, then the petition
needs to be filed in that county. If the case is in Marion County, you must provide
the cause number.

IC 9-24-15-4
Petition for restricted driving permit; prosecutor adverse party
Sec. 4. (a) A verified petition filed under section 2 of this chapter must be filed in the
circuit court or superior court of the county in which the petitioner resides.

However, if at the time the petition is filed:
(1) the petitioner is a defendant in a pending case concerning the commission of an offense described in IC 9-30-5;
(2) the petitioner is on probation after being convicted of committing an offense
described in IC 9-30-5; or
(3) the petitioner's driving privileges have been suspended under IC 35-48-4-15
after the petitioner was convicted of committing an offense described in IC 35-48-4-15(a);
the petition may be filed only in the circuit court or superior court in which the case is pending or the petitioner was convicted.