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IBA: Public Opinion Requested on Possible Court Rule Changes

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The Indiana Supreme Court is interested in obtaining comments from judges, attorneys and the general public as it considers changes to the following Rules of Court:

Waiver of Counsel by Juveniles - new rule dealing with procedure before a child can say he does not want an attorney

Electronic Transcripts - allow certain electronic transcripts to be filed on appeal

Electronically Filed Briefs - two proposals for submitting electronic briefs

Acknowledgement of Oral Arguments - deals with the oral argument order handed down by the appellate clerk

Temporary Appearances in Criminal Cases - provides procedures for withdrawal of representation

Small Claims Venue - brings township small claims court venue rules in line with similar courts

Summary Judgment - deals with a trial court judge’s authority to alter certain time limits

Special Judge Selection - proposal clarifies the selection of a special judge

Rules of Evidence - revisions to increase the degree of conformity of Indiana’s Rules to Federal Rules

The descriptions above are brief outlines of the proposed changes. Details about the proposed rule changes and instructions on submitting comments (due June 5) can be found at http://courts.in.gov/4044.htm.•

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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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