Responding to an Indiana complaint: 20 days, and 10 more if your motion is denied

Indiana's answer period is 20 days, which is on the short side. The number that catches people out, though, is the 10 days you get after a pre-answer motion is denied — shorter than the federal 14 and shorter than most states.

The deadline

Indiana puts the answer period in the time rule rather than in Rule 12.

Trial Rule 6(D)(1): except as otherwise provided in the rules or ordered by the court,

Pleadings. A response to a pleading must be filed within twenty days after service of the pleading.

Trial Rule 6(D)(2) — motions: a response to a motion "must be filed within twenty days after service. Any reply must be filed within fourteen days after service of the response." Those deadlines "do not apply to motions to continue under Rule 7, summary judgment motions under Rule 56, motions to correct error under Rule 59, and motions filed under Rule 60(B)."

And filing a Rule 12 motion changes the pleading clock: "Filing a motion under Rule 12 alters the time for filing a responsive pleading as provided in Rule 12(A)."

What a Rule 12 motion does

Trial Rule 12(A): the time allowed for presenting defenses and objections is computed as the rule sets out, and filing a Rule 12 motion alters the time for a responsive pleading as follows, unless a different time is fixed by the court:

(1) if the court does not grant the motion, the responsive pleading must be filed within ten days of the order; (2) if the court grants the motion and corrective action is permitted, an amended pleading taking the corrective action must be filed within ten days of the order, and the responsive pleading must be filed within ten days thereafter.

Ten days from the order, not from notice of it. That is tighter than the federal Rule 12(a)(4)(A), which runs 14 days from notice of the court's action, and tighter than the 10-days-from-notice used in Washington, Hawaii and Alaska.

The practical consequence: monitor the docket. A denial entered while you are waiting for a copy in the post has already started the clock.

Motions generally: five days' notice

Trial Rule 6(E): a written motion, other than one that may be heard ex parte, and notice of its hearing "must be served not less than five days before the time specified for the hearing," as the rule provides.

Extensions

Trial Rule 6(C) gives the court two routes, depending on when you ask:

(1) if the request is made before the time has expired, order the time enlarged for cause shown; or (2) if the request is made after the time has expired, order the time enlarged where the failure to act was the result of excusable neglect.

But not for everything: "the court may not extend the time under Rules 50(A), 52(B), 56, 59(C), 59(E), or 60(B), except as stated in those rules."

Six carve-outs — judgment on the evidence, amended findings, summary judgment, motions to correct error, and Rule 60(B) relief. Those deadlines are fixed.

Note also that Rule 6(C) refers to "the automatic enlargement of time allowed in subdivision (B)," so check that subdivision before assuming a motion is needed.

Default

Trial Rule 55(A):

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.

Two departures from the federal model.

"Or otherwise comply with these rules" is broader than the federal "failed to plead or otherwise defend." Non-compliance generally, not merely a failure to defend.

And the court defaults, not the clerk. Indiana has no clerk's entry of default.

Trial Rule 55(B) — judgment: "In all cases the party entitled to a judgment by default shall apply to the court therefor." And no judgment by default shall be entered against a person

(1) known to be an infant or incompetent unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein; or (2) entitled to the protections against default judgments provided by the Servicemembers Civil Relief Act, as amended (the "Act"), 50 U.S.C. appx. § 521, unless the requirements of the Act have been complied with.

Fixing a missed deadline

Indiana's route back runs through Trial Rule 60(B), and Rule 6(C) expressly forbids the court from extending that deadline.

Two practical points:

Move quickly. The gap between being defaulted under Rule 55(A) and a judgment under Rule 55(B) is the easiest place to be.

And check whether the failure was excusable neglect. That is the standard Rule 6(C)(2) applies to a late request for enlargement, and it runs through the default cases too.

The Indiana calendar

How Indiana compares

A short checklist

1. Calendar 20 days from service. The period lives in Trial Rule 6(D), not in Rule 12.
2. A Rule 12 motion suspends it — and Rule 12(A) supplies what happens next.
3. Watch the docket for a ruling. The 10 days runs from the order, not from notice, which is the shortest formulation of that deadline on this site.
4. Ask for an enlargement before the time expires if you can. "For cause shown" is easier than "excusable neglect."
5. Do not assume an extension is available — Rules 50(A), 52(B), 56, 59(C), 59(E) and 60(B) are outside the court's power to extend.
6. Remember the broader default trigger. Indiana defaults a party who fails to "otherwise comply with these rules," not only one who fails to defend.
7. If you are defaulted, move before judgment. Rule 55(B) requires the plaintiff to apply to the court, and that is your opportunity.

Where these rules live

• Ind. Trial R. 4 — Process
• Ind. Trial R. 5 — Service and filing of pleadings and other papers
• Ind. Trial R. 6 — Time
• Ind. Trial R. 8 — General rules of pleading
• Ind. Trial R. 12 — Defenses and objections
• Ind. Trial R. 15 — Amended and supplemental pleadings
• Ind. Trial R. 55 — Default
• Ind. Trial R. 60 — Relief from judgment or order

This page explains what the rules say. It isn't legal advice, and what amounts to excusable neglect is decided under case law this site doesn't cover.