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

The documents posted on this page are published in Adobe PDF format.

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 proposed amendments to the following rules:

1. Rules of Trial Procedure 5, 39, 53.1,53.3, 58, 59, 60, 62, 72, 77, and 79
   
   
2. Criminal Rules 15.1, 16, 19, and 24
   
   
3. Appellate Rules 8, 9, 14, 62, and 63
   
   
4. Small Claims Rule 11
   
   
5. Rule of Procedure for Post-Conviction Remedies PC 1 § 6

The Committee was asked to address confusion that has arisen concerning when the time limits for filing appeals begin to run; whether it is the date that the trial court renders its judgment or the date that the clerk enters judgment into the Chronological Case Summary (CCS). The case law acknowledges that it is not entirely clear when the time limits begin to run. Because a mistake in calculating time deadlines has such a serious impact on the litigants and their attorneys, the Rules Committee is proposing that the Trial Rules, Criminal Rules, Rules of Appellate Procedure, Small Claims Rules and Rules of Procedure for Post-Conviction Remedies be changed to consistently utilize the date of the entry of the order or judgment in the CCS as the operative date. Thus, while at first blush these amendments seem substantial, the amendments accomplish the goal of consistency and clarity in identifying the CCS date as the date from which the deadlines are triggered. An excellent discussion of the case law and an excellent example of the confusion that has arisen is contained in the matter of Smith v. Deem, 834 N.E.2d 1100 (Ind.  App. 2005), transfer denied.

Other changes of note include:

Trial Rule 53.3(C): a clarification of “deemed denied”

Trial Rule 60: a clarification of correction of clerical mistakes

Trial Rule 77: a new requirement that all rulings and decisions of a court shall have the time of their receipt by the clerk noted in the CCS entry for the ruling or decision; and authorization for the CCS to be maintained in paper, microfilm or electronic formats

Criminal Rule 16: making a motion to correct error for newly discovered material evident due within 30 days of sentencing; and in scenarios where a motion to correct error is not mandatory, making a motion to correct error due within 30 days of the sentencing, or entry in the CCS of an order of dismissal or acquittal

Criminal Rule 19: making the triggering event for a Notice of Appeal in scenarios where a motion to correct error has not been used, the date of sentencing or the date of entry in the CCS of an order of dismissal or acquittal; and where a motion to correct error has been used making the Notice of Appeal due within 30 days of the entry of the ruling on the motion in the CCS or within 30 days of when the motion is deemed denied

Criminal Rule 24: permitting the parties to agree that computer-aided transcription can be waived for pre-trial attorney conferences and pre or post trial non-evidentiary hearings and arguments

Appellate Rule 63: making entry in the court’s docket the triggering date for various deadlines

The Committee is also publishing for comment, without Committee review, the following proposed rule amendments:

1. From the Ethics and Professionalism Committee of the Judicial Conference of Indiana, a revision of the Code of Judicial Conduct; see also Supporting Documents.
   
   
2. From the Indiana Commission for Continuing Legal Education, Indiana Admission and Discipline Rule 29 and Guidelines regarding definition of Continuing Legal Education and approval of courses.

The Committee invites public comment on the proposed rule amendments. Those wishing to comment should do so, in writing, not later than May 5, 2008. Comments may be addressed to:

localrulescomments@courts.state.in.us

-OR-

Lilia G. Judson
Executive Director
Indiana Supreme Court
Division of State Court Administration
30 South Meridian Street, Suite 500
Indianapolis, IN 46204

Committee Members: Mary Nold Larimore, Indianapolis; Hon. James S. Kirsch, Indianapolis; Hon. P. Thomas Snow, Richmond; Stanley C. Fickle, Indianapolis; Theodore F. Smith, Jr., Anderson; Professor Jeffrey O. Cooper, Indianapolis; Charles L. Berger, Evansville; Jessie A. Cook, Terre Haute; and Keith A. Henderson, New Albany.