SUPREME COURT OF INDIANA
ORDER AMENDING RULES OF TRIAL PROCEDURE
new text shown by underlining ):(A ) Service: When Required. Unless otherwise provided by these rules or an order of the court, each party and special judge, if any, shall be served with: (1) every order required by its terms to be served;
RULE 5. SERVICE AND FILING OF PLEADING AND OTHER PAPERS
No service need be made on parties in default for failure to appear, except that pleadings
asserting new or additional claims for relief against them shall be served upon them in the
manner provided by service of summons in Rule 4.
. . .
(C) Time for filing: Service on judge. The motion to correct error, if any,
shall be filed not later than thirty (30) days after the entry of a final judgment or an
appealable final order. A copy of the motion to correct error shall be served, when
filed, upon the judge before whom the case is pending pursuant to Trial Rule 5. The
time at which the court is deemed to have ruled on the motion is set forth in T.R.
. . .
(B) Mistake--- Excusable neglect--- Newly discovered evidence--- Fraud,
etc. On motion and upon such terms as are just the court may relieve a party or his
legal representative from an entry of default, final order, or final judgment, including
a judgment by default, for the following reasons:
(1) mistake, surprise, or excusable neglect;
(2) any ground for a motion to correct error, including without limitation newly discovered evidence, which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59;
(2), (3), (4), and (8) must allege a meritorious claim or defense. A motion under this
subdivision (B) does not affect the finality of a judgment or suspend its operation.
This rule does not limit the power of a court to entertain an independent action to
relieve a party from a judgment, order or proceeding or for fraud upon the court.
Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the
nature of a bill of review, are abolished, and the procedure for obtaining any relief
from a judgment shall be by motion as prescribed in these rules or by an independent
. . .
(K) Electronic Posting of Court Records. The clerk, with the consent of
the majority of the judges in the courts of record, may make court records, including
but not limited to the chronological case summary, record of judgments and orders,
index, and case file, available to the public through remote electronic access such as
the Internet or other electronic method. The records to be posted, the specific
information that is to be included, its format, pricing structure, if any, method of
dissemination, and any subsequent changes thereto must be approved by the Division
of State Court Administration under the direction of the Supreme Court of Indiana.
Such availability of court records shall be subject to applicable laws regarding
These amendments shall be effective January 1, 1999.
The Clerk of this Court is ORDERED to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; the Michie Company; and West Publishing Company.
West Publishing Company is directed to publish this order in the advance sheets of this Court.
FOR THE COURT
Acting Chief Justice of Indiana
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