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Proposed Amendments Posted by Indiana Supreme Court Committee on Rules of Practice and Procedure - IndyBar News

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Posted on: Mar 28, 2018

Pursuant to Ind. Trial Rule 80, the Indiana Supreme Court Committee on Rules of Practice and Procedure has posted several proposed rule amendments. Comments are invited and should be submitted no later than April 27, 2018.

Comments may be sent by email to RulesComments@courts.in.gov or addressed to:

ATTN: Rules Committee
Hon. Mary Willis
Indiana Office of Judicial Administration
251 N. Illinois Street, Suite 1600
Indianapolis, IN 46204

 

Amendments Proposed by the Office of Judicial Administration:

  • Criminal Rule 2.1 - Requires cell phone numbers and email addresses in appearances
  • Trial Rule 3.1 - Requires cell phone numbers in appearances


Amendments Proposed by the Rules Committee:

  • Criminal Rule 22 - New requirement of personal, knowing, voluntary, and intelligent waiver of the right to a jury trial in Class A misdemeanors
  • Appellate Rule 44 - New requirement for filing an oversized brief
  • Small Claims Rule 8 - Permits Trusts to appear by a trustee in claims not exceeding $1,500
  • Trial Rule 3 - New requirements for the commencement of a civil action
  • Trial Rule 5(H) - New language regarding distribution of court orders
  • Trial Rule 64 - Clarifies procedure for issuance of a writ of attachment, bench warrant, or body attachment when attempting to enforce a judgment. Also, clarifies pre-judgment attachment and garnishment of wages or salaries.
  • Trial Rule 69 - Cross-references Trial Rule 64 regarding Writs of Attachment, Bench Warrants and Body Attachments in Proceedings Supplemental
  • Trial Rule 86 - Adds requirement of filing an appearance to commence an action

 
Amendments Proposed by the Indiana State Bar Association, Appellate Practice Section:

  • Appellate Rule 57 - New time limits for filing of a Petition to Transfer if rehearing was not sought. New time limits for filing a brief in response to a Petition to Transfer and for filing a reply brief.


Amendments Proposed by the Rules Committee and Office of Judicial Administration:

  • Small Claims Rule 2 - New requirement for commencing an action


Amendments Proposed by Appellate Technology Section:

  • Appellate Rules 9, 14, 14.1, 16, and 63 - Amendments to permit electronic filing of Notices of Appeal
  • Appellate Rule 29 - Provisions for the submission of exhibits in the form of CDs DVDs, flash drives, or other physical media
  • Appellate Rule 49 - Requirement to seek leave to amend a filed Appendix
  • Appellate Rule 50 - Provisions for the Table of Contents
  • Appellate Rule 67 - Provision for taxing of costs

 
Amendments Proposed by Personnel Committee

  • Appellate Rule 43 and Appendix A - Amendment dealing with fonts and preparation of electronic transcripts

 
Amendments Proposed by the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court

  • Appellate Rule 69 - New Rule dealing with Notices of Defect

 

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