Indiana procedural guides

Plain-English guides to the Indiana Rules of Trial Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to an Indiana complaint: 20 days, and 10 more if your motion is deniedIndiana Trial Rule 6(D) gives 20 days to respond to a pleading, and Trial Rule 12(A) gives only 10 days after an order denying a pre-answer motion — one of the shortest such periods anywhere.
• Indiana discovery deadlines: read the request, because it sets your deadlineIndiana does not fix a discovery response deadline. Trial Rules 33, 34 and 36 let the requesting party designate the period, subject to a floor of not less than thirty days.
• Indiana's motion to correct error: optional for most appeals, mandatory for twoIndiana Trial Rule 59 makes a motion to correct error unnecessary before most appeals — but required for newly discovered evidence and for a claim that a verdict is excessive or inadequate, within 30 days.
• The Indiana motion to dismiss: eight grounds, and one free amendment if you loseIndiana Trial Rule 12(B) lists eight defenses rather than the usual seven, and gives a plaintiff whose claim is dismissed ten days to amend once as of right.
• Indiana summary judgment: if you did not designate it, it does not existIndiana Trial Rule 56 gives 30 days to respond and considers only evidence specifically designated to the court — a judgment cannot be reversed on undesignated facts.
• The Indiana motion to compel: fees run both ways, and no certification is requiredIndiana Trial Rule 37 imposes no conference certification requirement but makes an expense award mandatory whether the motion is granted or denied.
• Indiana proceedings supplemental: an ex parte order, twenty days' notice, and six months before your house can be soldIndiana Trial Rule 69(E) lets a creditor open proceedings supplemental on a verified motion granted ex parte, with the hearing no less than 20 days after service, and 69(A) bars a real estate sale for six months.
• Indiana injunctions: if your judge cannot be found, go to the next circuitIndiana Trial Rule 65 requires the assigned judge to be readily available for restraining orders, and lets an applicant apply to another judge in the circuit — or an adjoining circuit — if none can be found.
• Indiana dismissal: sixty days of nothing and the court sets a hearing to end the caseIndiana Trial Rule 41(E) requires a hearing to dismiss whenever no action has been taken in a civil case for sixty days, and the court must dismiss at the plaintiff's costs unless sufficient cause is shown.
• Indiana subpoenas: you can serve it yourself, but then you cannot charge for itIndiana lets a party serve its own subpoena, but recovers service costs only where the sheriff served it, and limits a non-resident's attendance to forty miles from the place of service.

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