ILNews

Comments welcomed for many court rule amendments

Back to TopCommentsE-mailPrintBookmark and Share

A multitude of Indiana court rules are being examined for potential revision, and the legal community has a chance to offer comment about how those changes are made.

The Indiana Supreme Court’s Committee on Rules of Practice and Procedure has issued a notice of proposed rule amendments and is seeking public comment until March 25.

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.

Also available online, 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 household members.

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

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  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.

ADVERTISEMENT