A New Process for Withdrawing Jurisdiction Due to Delay in Ruling

Beginning January 1, 2012, the procedure by which the submission of a case is withdrawn from a judge under Trial Rules 53.1 and 53.2 will change. Currently, after a party files a motion to withdraw with the clerk of the court where the case is pending and recorded in the clerk’s praecipe book, the clerk [...]

New Rule Amendment Requirements

Affidavit of Debt in Every Case Based on Account and Waiver of Excess Claims in Certain Instances
Effective January 1, 2011, the Indiana Supreme Court amended Trial Rule 9.2 and Small Claims Rule 2 to requiring parties to file an Affidavit of Debt if the case is based on an account. Under Trial Rule 9.2(A) [...]

Indiana Supreme Court Issues Rule Amendment Orders

The Indiana Supreme Court issued a number of orders in August, September and October amending the Indiana Rules of Court. The rule amendments will take effect on January 1, 2011 unless the courts order a different effective date. This article highlights the amendments that are of interest to courts, clerks and their staffs.
The [...]

Different Processes Govern Special Judge Appointments for Criminal and Civil Cases

Indiana rules of procedure and case law allow for the appointment of special judges under certain circumstances.  The process for selecting judges can sometimes be confusing because it varies depending on the type of case and the reason a special judge is needed. In civil cases, different steps must be followed depending on whether the [...]

Indiana Supreme Court Adopts New Rules Effective January 1, 2008

The Indiana Supreme Court issued a number of noteworthy rule amendments that became effective January 1, 2008.
Rules of Trial Procedure
Trial Rule 4.11 was amended to permit electronically transmitted return receipts for establishing receipt of certified mail. This amendment brings the rule in line with the United States Post Office’s new electronic certified mail receipt system [...]