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Comments welcomed for many court rule amendments

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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.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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