Current through July 1, 2026 · Last verified July 13, 2026
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Rule 40 does not set a single statewide method for scheduling civil trials. Instead, it requires each trial court to adopt a local rule covering how cases land on its trial calendar, and it gives the court three options to choose from: setting cases for trial on its own, without either side asking; setting a case when a party requests it and gives notice to the other side; or using whatever approach the court decides will move cases along fastest. Because the choice is left to each court, the details of trial scheduling — praecipes, trial-readiness certificates, standing orders, and the like — vary from county to county, so a party or lawyer needs to check the specific court’s local rules rather than assume a single statewide procedure applies.
The rule also builds in a priority system: cases entitled to precedence by state statute jump ahead of the ordinary calendar, and the rule specifically calls out hearings on temporary restraining orders, injunctions, and receiverships as examples. Outside of those priority matters, Rule 40 leaves the pace and order of trial settings to local practice and the trial court’s discretion, which is one reason parties in a case that has gone quiet for a while need to watch the docket — and, if warranted, invoke Rule 41(E) — rather than count on the court to reach out first.
No. Rule 40 requires each trial court to set its own local rule for placing cases on the trial calendar, so the exact procedure — and how much initiative you need to take — depends on the specific court.
It depends on the local court’s rule. Rule 40(A) allows courts to set cases for trial without any request, on request of a party with notice to the other side, or by any other method the court decides will expedite trials.
Actions entitled to precedence under an Indiana statute, which the rule specifically says includes hearings on temporary restraining orders, injunctions, and receiverships.
Rule 40 does not spell out a procedure for that, but nothing in the rule prevents a party from asking the court to advance a case out of its normal order, and courts have discretion to grant that kind of request for good reason.
Rule 40 itself does not impose a deadline, but a civil case that goes 60 days without any action can trigger a hearing on dismissal under Rule 41(E), so it pays to keep a case moving rather than wait on the court.
No. Rule 40 is only about scheduling — how and when a case gets placed on the trial calendar. The right to a jury trial and how that right is exercised are governed separately by Rules 38 and 39.