SUPREME COURT OF INDIANA
ORDER AMENDING INDIANA RULES
OF PROCEDURE FOR ORIGINAL ACTIONS
Under the authority vested in this Court to provide by rule for the
procedure employed in all courts of this State, Indiana Original Action Rules 1,
2, 3, 4, 5, and 6 are amended to read as follows (deletions
shown by striking and new text shown by underlining):
Rule 1. Scope of Rules
(A) Jurisdiction of Supreme Court Over Original Actions for Writs of Mandamus or
Prohibition. The Supreme Court has exclusive, original jurisdiction to supervise the
exercise of jurisdiction of all inferior state courts, including the Court of Appeals,
by virtue of Indiana Constitution, Article 7, Section 4, and Ind. Appellate Rule
. . .
(D) Writs Against Administrative Agencies. Complaints filed pursuant to IC 34-1-58-1
34-27-3-1 et seq. for writs of mandamus or prohibition against administrative agencies and
the members thereof are not original actions governed by these Rules. Those
complaints are to be filed in the trial court having jurisdiction over the
(E) Writs in Aid of Appellate Jurisdiction. Petitions for writs in
aid of appellate jurisdiction are not original actions governed by these Rules.
Those petitions are to be filed in the court having initial appellate jurisdiction
of a pending appeal or of an appeal about to be filed.
The authority of the Supreme Court to issue writs in aid of its
appellate jurisdiction is Appellate Rule 4(A)(6) 4(B)(4) and Appellate Rule 8. The
authority of the Court of Appeals to issue writs in aid of its
appellate jurisdiction is Appellate Rule 4(C) 8.
(F) Title. These Rules shall be known as the Rules of
Procedure for Original Actions and shall be cited in accordance with Ind. Appellate
Rule 8.2(B)(2) 22(B).
Rule 2. Applications for Writs
. . .
(B) Submission of Applications to Supreme Court Administrator. Except for application
for emergency writs, all applications for writs of mandamus or prohibition, along with
the filing fee, shall be submitted in person or by mail to the
Supreme Court Administrator, 313 315 State House, Indianapolis, Indiana 46204, telephone (317) 232-2540,
TDD (317) 233-6110. Relator shall serve Respondents and all interested parties on
the same day the Relator's writ application is submitted in person or by
mail to the Supreme Court. Delivering a copy of the papers to
an interested party's office is personal service on that party within the meaning
of these Rules. If emergency relief is requested, Relator must submit the
application papers to the Administrator in person after personal service on Respondents and
all interested parties. Otherwise, service on the Respondents and interested parties shall
be accomplished in the same fashion as service on the Administrator, except that
personal service shall always be acceptable.
. . .
(G) "Parties" and "Party" Defined. The words "parties" and "party" as
used in these Rules shall mean and include, without limitation, all Relators, Respondents,
parties opposing Relator in the respondent court, and the Attorney General, if service
on the Attorney General is required by Orig.Act.R. 6(D) 6(E).
Rule 3. Application Papers
. . .
(E) Writs. Both an Alternative and A Permanent writ form shall
be submitted, and an Alternative writ form may be submitted, by the Relator.
If emergency relief is sought, an emergency writ form also shall be
(1) Emergency Writ. An Emergency Writ is an order that may
be granted prior to a hearing. It must be accompanied by a
petition for emergency writ demonstrating that a writ must be issued to maintain
the status quo and prevent irreparable injury until the application can be heard.
The Emergency Writ operates as a temporary stay of the trial court
proceedings until the Supreme Court hears and rules upon the original action application.
All original action applications which include a request for emergency writ shall
be presented in person to the Supreme Court Administrator after personal service on
the Respondents and all other interested parties. The Administrator shall submit all
applications for emergency writ to the Chief Justice, if available, or to the
Acting Chief Justice for a determination as to whether or not a sufficient
emergency exists to require a stay. If the Chief Justice or Acting
Chief Justice grants the emergency writ, the writ shall be filed immediately, and
the original action may be set for hearing. See Form No. 5.
The filing of a petition for emergency writ shall not obviate the
need to file the other application papers required by these rules including the
petition for writ of mandamus or prohibition.
. . .
Rule 4. Hearing on Applications
(A) Scheduling of Hearing. The Supreme Court Administrator, in conjunction with
the Chief Justice, shall may set the hearing on the application for a
date usually not less than one week from the date of submission of
the application to the Administrator. An earlier hearing date may be authorized if
Relator establishes in Relator's original action petition or emergency writ petition that an
extreme emergency exists which necessitates an earlier hearing.
. . .
Rule 5. Disposition of Applications
(A) Application Granted--Issuance of Writ--Filing With Clerk--Disposition. If the application for
writ of mandamus or prohibition is granted, either an alternative or permanent writ
will be issued. If the alternative writ is issued, the respondent court
shall be given 20 days to file a return. See Orig.Act.R. 3(E)(2).
The return shall show compliance with the writ or state reasons why
the writ should not be made permanent.
If the return shows compliance with the alternative writ, the Supreme Court will
enter an order dismissing the original action as moot.
If the return contests the alternative writ, the Relator shall have five (5)
days after service of the return to file a brief in opposition to
the return. Any parties opposing the alternative writ other than the respondents
also may file a further brief no later than five (5) days after
service of the return. For purposes of this rule, Ind.Appellate Rule 12(C)
23(A) applies but Ind.Appellate Rule 12(E) 24(D) does not. See Orig.Act.R. 6.
. . .
Rule 6. Submission, Filing, and Service of Application Papers
. . .
(B) Service of Application Papers Submitted Prior to Hearing. A copy
of each application paper submitted to the Administrator by the Relator shall be
served by the Relator upon the Respondents, upon any party opposing Relator in
the respondent court, and upon the Attorney General when required by Orig.Act.R. 6(D)
6(E). If the papers are submitted to the Administrator in person, such
service shall be by personal delivery and accomplished immediately before submission to the
Administrator. If the papers are mailed to the Administrator, service on the
interested parties may be by mail if simultaneously deposited with the United States
Postal Service or with any properly bonded carrier, properly addressed and with charges
. . .
These amendments shall be effective January 1, 2001 .
The Clerk of this Court is directed 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; Office of Code Revision, Legislative Services
Agency; 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 on 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 Department of Correction for posting at all prison libraries; The
Michie Company; and West Publishing Company.
West Publishing Company is directed to publish this Order in the advance sheets
of this Court.
The Clerks of the Circuit Courts are directed to bring this Order to
the attention of all judges within their respective counties and to post this
Order for examination by the Bar and general public.
DONE at Indianapolis, Indiana, this ______ day of ________________, 2000.
FOR THE COURT
Randall T. Shepard
Chief Justice of Indiana
All Justices Concur