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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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