Rule 3.1.Appearance
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 3.1
Amendment History
This rule’s current text took effect January 1, 2025. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 3.1 is the paperwork rule that follows Rule 3. Whoever starts the case files an appearance form when the action commences; anyone who later responds or intervenes files the same form the first time they show up. The form does more than list a name — it captures contact information for the party and any attorney (including fax and e-mail), the case type, whether the filer will accept fax or e-mail service, and the caption and case number of related cases. Certain case types call for more: Social Security numbers of family members in support-related family-law matters, a public mailing address in protective-order and no-contact cases, identifying information in mental-health commitment cases, and a Guardianship Information Sheet in guardianship petitions. A filer who doesn’t yet have all the required information can file with what’s available and supplement it later, but must promptly update the court when anything changes. The clerk relies on the appearance form to know where to send mail, fax, and e-mail service.
The rule also covers what happens when representation changes. An attorney who wants out generally must give the client ten days’ written notice before moving to withdraw, and show either that the agreed scope of work is finished or that withdrawal is required or allowed under the Rules of Professional Conduct; the court must grant the motion unless withdrawal would be unreasonable or interfere with the efficient administration of justice. That ten-day notice isn’t required in every case — it drops away in criminal, family-law, and juvenile matters with no pending motion or set hearing, and once other counsel has already appeared for the client. Rule 3.1 also lets an attorney take on a matter for a temporary or limited purpose without becoming counsel for the whole case, closing out that role by filing a notice of completion rather than asking the court’s leave to withdraw. And it lets one attorney substitute for another with a signed substitution — or an explanation, if the outgoing attorney can’t sign.
Frequently Asked Questions
What is an “appearance” in an Indiana civil case?
It’s the form a party or attorney files with the clerk that identifies who is involved in the case and how to reach them. The initiating party files one when the case commences; responding and intervening parties file one the first time they show up.
What information do I have to put on the appearance form?
Name, address, and contact information for the party and any attorney; the case type; whether you’ll accept fax or e-mail service; the caption and case number of related cases; and, in certain case types — protective orders, mental-health commitments, guardianships, and family-law matters involving support — the additional information the rule spells out.
Can an attorney just stop representing me without asking the court?
No. An attorney must file a motion to withdraw, after giving at least ten days’ written notice, and show that the agreed representation is complete or that withdrawal is required or permitted under the Rules of Professional Conduct. The court must grant the motion unless it finds withdrawal unreasonable or inconsistent with the efficient administration of justice.
Is the ten-day withdrawal notice always required?
No. It isn’t required in criminal, family-law, or juvenile cases with no pending motion and no hearing or trial set, or in any case once other counsel has already appeared for the party.
What is temporary or limited representation under Rule 3.1?
An arrangement where an attorney represents a party for a defined period or a limited part of a case — rather than the whole matter — by filing a notice describing the scope, and later filing a notice of completion when that role ends.
How do I substitute one attorney for another mid-case?
By filing a substitution of appearance signed by both the outgoing and incoming attorney. If the outgoing attorney can’t sign, the new attorney must explain why in the filing.
Does filing an appearance mean my case has officially started?
No. Commencement is governed by Rule 3 — filing the complaint, paying the fee (or filing a fee waiver), and tendering summons copies when required. The appearance under Rule 3.1 is a separate filing that follows.