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Rule 3.1.Appearance

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceRule 3.1 requires every party (and any intervenor) in an Indiana civil case to file a detailed appearance form with contact and case information, and it governs how attorneys enter, limit, substitute, or withdraw from representation.

Full Text of Rule 3.1

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)

(A) Initiating party. At the time an action is commenced, the attorney representing the party initiating the pro- ceeding or the party, if not represented by an attorney, shall file with the clerk of the court an appearance form setting forth the following information:
(1) Name, address, telephone number, FAX number, and e-mail address of the initiating party or parties filing the appearance form;
(2) Name, address, attorney number, telephone number, FAX number, and e-mail address of any attorney representing the party, as applicable;
(3) The case type of the proceeding [Administrative Rule 8(B)(3)];
(4) Unless required by Trial Rule 86(B), a statement that the party will or will not accept ser- vice by FAX or by e-mail from other parties;
(5) In domestic relations, Uniform Reciprocal Enforcement of Support (URESA), paternity, delinquency, Child in Need of Services (CHINS), guardianship, and any other proceedings in which support may be an issue, the Social Security Identification Number of all family members;
(6) The caption and case number of all related cases;
(7) Such additional matters specified by state or local rule required to maintain the inform- ation management system employed by the court;
(8) In a proceeding involving a protection from abuse order, a workplace violence restrain- ing order, or a no-contact order, the initiating party shall provide to the clerk a public mail- ing address for purposes of legal service. The initiating party may use the Attorney General Address Confidentiality program established by statute; and
(9) In a proceeding involving a mental health commitment, except 72 hour emergency detentions, the initiating party shall provide the full name of the person with respect to whom commitment is sought and the person’s state of residence. In addition, the ini- tiating party shall provide at least one of the following identifiers for the person:
(a) Date of birth;
(b) Social Security Number;
(c) Driver’s license number with state of issue and date of expiration;
(d) Department of Correction number;
(e) State ID number with state of issue and date of expiration; or
(f) FBI number.
(10) In a proceeding involving a petition for guardianship, the initiating party shall provide a completed Guardianship Information Sheet in the form set out in Appendix C. The information sheet is a confidential Court Record excluded from public access under the Rules on Access to Court Records.
(B) Responding parties. At the time the responding party or parties first appears in a case, the attorney representing such party or parties, or the party or parties, if not represented by an attorney, shall file an appearance form setting forth the information set out in Section (A) above.
(C) Intervening Parties. At the time the first matter is submitted to the court seeking to intervene in a proceeding, the attorney representing the intervening party or parties, or the intervening party or parties, if not represented by an attorney, shall file an appearance form setting forth the information set out in Section (A) above.
(D) Confidentiality of Court Record Excluded from Public Access. Any appearance form or Court Record defined as not accessible to the public pursuant to the Rules on Access to Court Records shall be filed in the manner required by Rule 7 of the Rules on Access to Court Records.
(E) Completion and correction of information. In the event matters must be filed before the information required by this rule is available, the appearance form shall be submitted with available information and supplemented when the absent information is acquired. Parties shall promptly advise the clerk of the court of any change in the information previously supplied to the court.
(F) Forms. The Indiana Office of Judicial Administration (IOJA) shall prepare and publish a standard format for compliance with the provisions of this rule.
(G) Service. The Clerk of the Court shall use the information set forth in the appearance form for service by mail, FAX, and e-mail under Trial Rule 5(B).
(H) Withdrawal of Representation. Except as provided in subdivision (J), an attorney representing a party may file a motion to withdraw representation of the party upon a showing that the attorney has sent written notice of intent to withdraw to the party at least ten days before filing a motion to withdraw representation, and either:
(1) the terms and conditions of the attorney’s agreement with the party regarding the scope of the representation have been satisfied, or
(2) withdrawal is required by Professional Conduct Rule 1.16(a), or is otherwise permitted by Professional Conduct Rule 1.16(b). An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the confidentiality provisions of Sec- tions (A)(8) and (D) above, and shall attach to the motion a copy of the notice of intent to with- draw that was sent to the party. A motion for withdrawal of representation shall be granted by the court unless the court spe- cifically finds that withdrawal is not reasonable or consistent with the efficient administration of justice.
(I) Temporary or Limited Representation. If an attorney seeks to represent a party in a proceeding before the court on a temporary basis or a basis that is limited in scope, the attorney shall file a notice of temporary or limited representation. The notice shall contain the information set out in Section (A) (1) and (2) above and a description of the temporary or limited status, including the date the temporary status ends or the scope of the limited representation. The court shall not be required to act on the temporary or limited representation. At the completion of the temporary or limited representation, the attorney shall file a notice of completion of representation with the clerk of the court.
(J) Substitution of Appearance. If a party wishes to substitute attorneys, a substitution of appearance signed by the original attorney and the new attorney must be filed. If the attorney being replaced is unavailable to sign the substitution of appearance, the new attorney must include a statement of the reas- ons for the unavailability.
(K) Written Notice of Intent Not Required. Written notice of intent to withdraw representation pursuant to subdivision (H) is not required:
(1) in criminal, family law, and juvenile cases, where no motion is pending and where no hearing or trial has been set; or
(2) in any case, after other counsel has appeared on the party’s behalf.

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.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 3.1). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source
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