Trial rules require sufficient postage

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The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.

In Melanie Webster v. Walgreen Co., No. 55A01-1110-CT-442, the court affirmed a judgment by Morgan Superior Judge Jane Spencer Craney that denied a woman’s motion to amend the filing date of her complaint in order to comply with the filing deadline.

Melanie Webster filed a complaint against Walgreens after she slipped and fell Dec. 17, 2008, outside the Mooresville store, alleging the business was negligent in failing to remove ice and snow from a sidewalk. Four days before the two-year statute of limitations expired and barred the suit, Webster’s attorney, C. Stuart Carter, weighed the envelope with the complaint, summons, appearance and filing fee to send by certified mail. But the postal service reweighed the envelope and determined an additional 17 cents was owed. The Morgan County Clerk’s Office declined to pay the extra postage and the envelope was returned a few days after the statute of limitations had run.

After Carter reweighed and sent the envelope back, the local clerk’s office stamped it filed Dec. 22, 2010. Walgreens objected to a request to amend the filing date to when the envelope had initially been sent within the two-year window, and after a hearing the trial court denied Webster’s motion and found the filing untimely.

On appeal, the three-judge panel held that “mailing” for purposes of the Indiana Trial Rules requires the sender to affix sufficient postage, and since that didn’t happen here the original complaint was untimely.

The appellate judges cited Comer v. Gohil, 664 N.E.2d 389 (Ind. Ct. App. 1996), a medical malpractice case in which the panel determined that “affixing a sufficient amount of postage to the envelope was a matter wholly in [the plaintiff’s] hands” and that mailing the complaint with insufficient postage did not result in the complaint being filed. The Indiana Supreme Court issued a similar holding about filing fees three years earlier.

The court noted that Webster presents no authority suggesting that sending a complaint with insufficient postage constitutes “mailing” for purposes of Trial Rule 5, and she did not show public policy favors allowing her case to proceed.



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues