Proposed Rule Amendments: March 2015

Notice of Proposed Rule Amendments by the Indiana Supreme Court Committee on Rules of Practice and Procedure for Public Comment  

To the Bench, Bar and Public:

Pursuant to Ind. Trial Rule 80, the Indiana Supreme Court Committee on Rules of Practice and Procedure has posted the following:

1 Fee sharing by attorneys

Indiana Professional Conduct Rules currently prohibit fee sharing by attorneys, except as provided in Rule 5.4(a)(1), (2) and (3). The proposed amendment would add a fourth exception permitting a lawyer to share court-approved fees with a nonprofit organization whose primary mission is to provide civil legal services without charge to the indigent, where the organization had employed, retained or referred the employment of the lawyer. 

2 Change of judge procedure in small claims cases

This amendment seeks to clarify change of judge procedures in small claims cases. Except in Marion County Small Claims Courts, which have procedures for change of judge spelled out in Trial Rule 79.1, change of judge in other small claims cases shall be available only when the judge's recusal from the case would be mandatory.

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The Committee invited public comment on the proposed rule amendments between March 17 and May 18, 2015.