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Proposed Rule Amendments: March 2018

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:

 Amendments proposed by the Office of Judicial Administration

  • Criminal Rule 2.1 - Requires cell phone numbers and email addresses in appearances
  • Trial Rule 3.1 - Requires cell phone numbers in appearances

 Amendments proposed by the Rules Committee

  • Criminal Rule 22 - New requirement of personal, knowing, voluntary, and intelligent waiver of the right to a jury trial in Class A misdemeanors
  • Appellate Rule 44 - New requirement for filing an oversized brief
  • Small Claims Rule 8 - Permits Trusts to appear by a trustee in claims not exceeding $1,500
  • Trial Rule 3 - New requirements for the commencement of a civil action
  • Trial Rule 5(H) - New language regarding distribution of court orders
  • Trial Rule 64 - Clarifies procedure for issuance of a writ of attachment, bench warrant, or body attachment when attempting to enforce a judgment. Also, clarifies pre-judgment attachment and garnishment of wages or salaries.
  • Trial Rule 69 - Cross-references Trial Rule 64 regarding Writs of Attachment, Bench Warrants and Body Attachments in Proceedings Supplemental
  • Trial Rule 86 - Adds requirement of filing an appearance to commence an action

 Amendments proposed by the Indiana State Bar Association, Appellate Practice Section

  • Appellate Rule 57 - New time limits for filing of a Petition to Transfer if rehearing was not sought. New time limits for filing a brief in response to a Petition to Transfer and for filing a reply brief.

 Amendments proposed by the Rules Committee and Office of Judicial Administration

  • Small Claims Rule 2 - New requirement for commencing an action

 Amendments proposed by Appellate Technology Section

  • Appellate Rules 9, 14, 14.1, 16, and 63 - Amendments to permit electronic filing of Notices of Appeal
  • Appellate Rule 29 - Provisions for the submission of exhibits in the form of CDs DVDs, flash drives, or other physical media
  • Appellate Rule 49 - Requirement to seek leave to amend a filed Appendix
  • Appellate Rule 50 - Provisions for the Table of Contents
  • Appellate Rule 67 - Provision for taxing of costs

 Amendments proposed by Personnel Committee

  • Appellate Rule 43 and Appendix A - Amendment dealing with fonts and preparation of electronic transcripts

 Amendments proposed by the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court

  • Appellate Rule 69 - New Rule dealing with Notices of Defect

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The Committee invited public comment on the proposed rule amendments through April 27, 2018. The comment period is now closed.