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Comment time extended on state court rules

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The Hoosier legal community has more time to offer comment on a multitude of state court rules that are being examined for potential revision.

Two sets of proposed rule changes have had their public comment periods extended through May 6, and the Indiana Supreme Court’s Committee on Rules of Practice and Procedure will consider those submissions on an array of issues that include pro hac vice admissions and many other appellate, trial procedure, post-conviction, family court, and evidentiary rules.

The initial deadline of May 1 is now extended for feedback on how the courts handle temporary admission of out-of-state attorneys before administrative agencies. The committee is considering three options for how those lawyers can be admitted to practice in Indiana: allow the agency itself to approve the out-of-state attorney’s temporary admission, give that power to the trial court where the agency is meeting, or make the Supreme Court the only decision maker on that admission.

On a second set of rule revisions, the committee has re-opened the public comment period that had a March 25 deadline to garner more feedback on several proposed changes. Provisions that would set out requirements for telephone and audiovisual hearings to ensure attorney-client privilege and change how judges or clerks are removed from a case if they don’t rule in a timely manner are among those being considered for revision. Changes also attempt to bring statewide coordination to family court rules that have been implemented gradually during the past decade as individual counties have signed on to the state’s pilot project.

Specifically, the proposed rule amendments are:

Indiana Administrative Rule 14: Changes set out requirements for conducting hearings by telephone and audiovisual telecommunications, in part focusing on ensuring the confidentiality of attorney-client communications. Revisions to Administrative Rule 9 would conform those rules to the proposed changes to the appellate rules.

Appellate Rules 2, 9, 10, 11, 14, 14.1, 15, 16, 23, 24, 30, 46, 62, and 63; and Forms 9-1, 9-2, 14.1, 15-1, 16-1, and 16-2: Changes would abolish the Appellant’s Case Summary and change the filing of the Notice of Appeal from the trial court clerk to the clerk of the Indiana appellate courts. The specific contents of the Notice of Appeal are spelled out in the amendments, and they also seek to clarify the service of documents and running of time limits in appeals.

Rules of Trial Procedure 3.1, 53.1, and 59: Changes deal with procedures for withdrawal of representation and temporary or limited representation, and 53.1 concerns procedures for removing a case from a judge who has not acted or ruled in a timely manner as provided in the rule. It also suggests removing the local court clerk from the process.

Post-conviction Relief Rules PC1 and PC2: Modifications would clarify the proper venue for filing PCR petitions and would conform the rules to the changes being proposed in the appellate rules.

Rules of Evidence 501, 502, and 803: Revisions would include new language covering situations involving the inadvertent disclosure of privileged information and clarification of the hearsay exception related to statements made by individuals seeking medical diagnosis or treatment.

Rules for Family Proceedings: Changes are part of an attempt by the court to bring the rules governing the Supreme Court’s Family Court Project to the rest of the state. The rules would follow the pilot that has been implemented in more than two dozen counties since 1999, and this would permit courts to exercise jurisdiction over multiple cases involving the same family or among members of the same household.

The public can submit comments on the proposed revisions to Executive Director Lilia G. Judson; Indiana Supreme Court, Division of State Court Administration; 30 S. Meridian St., Suite 500; Indianapolis, IN 46204, or by email to localrulescomments@courts.state.in.us.•

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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