Justices amend trial procedure, administrative rules

The Indiana Supreme Court has amended several rules of trial procedure and administrative rules.

Supreme Court justices in two separate Oct. 7 orders amended Indiana Trial Rule 64 and Administrative Rules 1, 5, and 8.

The high court’s first order amends Administrative Rule 1(G)(1) regarding the reporting of decision point data in juvenile cases replaces the term “Disproportionate Minority Contact (DMC)” with “Racial and Ethnic Disparities.”

In Rule 5 (B)(6), the high court raised the per diem allowance for senior judges from $100 to $175 for the first 30 days of service in a calendar year.

Lastly, in Rule 8(B) concerning uniform case numbering systems, the high court included language clarifying various abolished courts and their effective dates. It likewise inserted new courts and their effective dates, as well as retitled and renumbered numerous Marion Superior Courts.

The amendments to Administrative Rule 1 and Administrative Rule 8 take effect on Jan. 1, 2021. The amendments to Administrative Rule 5 are effective as of the Oct. 7 order.

In the justices’ second order, Indiana Trial Rule 64 (A) was amended to include new language that took effect on Sept. 1 regarding writs of attachment.

Specifically, the new language states that as of the effective date, “a writ of attachment for a person expires 180 days after it is issued and the expiration date shall appear on the face of the writ. A sheriff who has an expired writ of attachment for a person shall make a return on the writ stating it has expired and shall return it to the clerk of the court that issued it.

“The clerk shall enter the fact that the writ of attachment for a person has expired on the chronological case summary and notify the judgment creditor. The judgment creditor may request the court to issue another writ of attachment for a person as a part of a subsequent proceeding supplemental action. Writs of attachment for a person that are pending on the effective date of this rule will expire on March 1, 2021,” the order reads.

All justices concurred in both orders signed by Chief Justice Loretta Rush.

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