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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.