Summary of July 1, 2003 Rule Amendments

 

A.       Trial Rules

 

1.     Ind.Trial Rule 5 - Adds specific requirement for a certificate of service for documents filed with the clerk of the court.

 

2.     Ind.Trial Rule 34 – Provides procedures for service of the response received to a non-party request for production.

 

3.     Ind.Trial Rule 43 – Provides that the testimony of witnesses shall be governed by the Rules of Evidence and adds language tracking the Federal Rules.

 

4.     Ind.Trial Rule 44 – Provides that the rules concerning the proof of official records are governed by Ind.Evidence Rules.

 

5.     Ind.Trial Rule 79 – Provides that a special judge may hear a case in his home county under exceptional circumstances.

 

B.       Criminal Rules

 

1.                Ind.Crim.Rule 13 – Adds provision for selection of special judge in criminal cases where the sitting judge has disqualified or recused.

 

C.      Jury Rules

 

1.                Ind. Jury Rule 1 – Provides that grand jury assembly and selection are governed by rules 2-10.

 

2.                 Ind. Jury Rule 7 – Provides that juror deferrals may be authorized by the judge or his designee.

 

3.                 Ind. Jury Rule 8 – Changes language from grant of deferral to authorization of deferral.

 

4.                 Ind. Jury Rule 9 – Provides that jurors are eligible to serve in all courts in a county on the day summonsed.

 

5.                 Ind. Jury Rule 25 – Provides that counsel has the right to accompany jury during view, but shall not speak to jurors.

 

6.                 Ind. Jury Rule 26 – Provides that final instructions may be given in whole or in part before or after final arguments.

 

7.                 Ind. Jury Rule 30 – Changes designation from foreman to foreperson.

 

D.      Rules of Evidence

 

1.                 Ind.Evidence Rule 902 – Incorporates language formally in Ind.Trial Rule 44.

 

E.       ADR

 

1.                 Ind.Alternative Dispute Resolution Rule 2.5 – Adds Continuing Mediation Education requirement on a three year rotating basis, and provides procedures and guidelines for approval of courses, sponsor and mediator duties and rules for determining education completed.

 

2.                 Ind.Alternative Dispute Resolution Rule 2  - Implements local ADR programs by requiring them to be filed with the Judicial Conference.

 

F.       Appellate Rules

 

1.                 Ind.Appellate Rule 9 – Provides that copies of Notice of Appeal, which need not be file stamped, shall be served on the Clerk of the Supreme and Appellate Courts, and provides that the filing fee is paid upon the filing of the Appellant’s Case Summary.

 

2.                 Ind.Appellate Rule 15 – Clarifies the time for filing Appellant’s Case Summary in interlocutory appeals and requires a file stamped copy of the Notice of Appeal be attached to the Appellant’s Case Summary.

 

3.                 Ind.Appellate Rule 39 – Provides that an attorney seeking a stay pending appeal certify service upon opposing counsel, and if an emergency stay is requested, detail why opposing counsel should not be heard prior to granting the stay. Language added to parallel T.R. 65(B).

 

G.  Admission and Discipline Rules

 

1.                 Ind.Admission and Discipline Rule 3 – Clarifies that pro hac vice applicants must list all Indiana proceedings they or any member of their firm have appeared in during the last five years.

 

2.                 Ind.Admission and Discipline Rule 6 – creates a new Business License for corporate employees.

 

3.                 Ind.Admission and Discipline Rule 20 – Adds immunity from civil liability for persons providing documents or information to BLE regarding an applicant or potential applicant. Adds immunity for BLE and Committees on Character and Fitness from civil liability for acts performed in course of official duties.

 

4.                 Ind. Admission and Discipline Rule 23(10) – Provides in noncooperation show cause cases for reimbursement of Commission time and effort in the amount of $500.

 

5.                 Ind. Admission and Discipline Rule 23(16) – Provides for suspension of attorney who fails to pay costs.

 

6.                 Ind. Admission and Discipline Rule 23(21) – Adds subsection j, providing for suspension of attorneys who fail to pay costs, expenses or reimbursements.

 

7.                 Ind.Admission and Discipline Rule 28 – Deletes rule creating Indiana Judicial Council on Legal Education and Competence at the Bar.

 

8.                 Ind.Admission and Discipline 31 – Amends Section 4 to note the confidentiality limitations of e-mail communication with JLAP and Section 6 to permit JLAP to charge a monthly fee as approved by the Court.

 

H.  Administrative Rules

 

1.                Ind.Administrative Rule 1 – Eliminates requirement of filing Tort Litigation Cover Sheet, and adds the new case type categories that have already been added to Administrative Rule 8. It also enables the trial judges to sign off on statistical reports that are filed through the Internet.

 

2.                 Ind.Administrative R. 7 – Amends record retention rules.

 

3.                 Ind.Administrative R. 14(B)(7) – Deletes requirement to make and retain a videotape of a video teleconference.