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Rule 7.Pleadings and motions

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

In one sentenceRule 7 caps the pleadings allowed in a civil case, requires that requests to the court be made by written motion with a proposed order attached, and spells out what a motion to continue a hearing or trial has to say about the other side’s position.

Full Text of Rule 7

Text sizeJump to: (A) (B) (C) (D)

(A) Pleadings. The only pleadings allowed are
(1) a complaint and an answer;
(2) a counterclaim and a reply to a counterclaim;
(3) a cross-claim and an answer to a cross-claim; and
(4) a third-party complaint, if a person not an original party is summoned under Rule 14, and a third-party answer.
(B) Motions. Unless made during a hearing or trial, or otherwise ordered by the court, an application to the court for an order must be made by written motion. The motion must state the grounds therefor and the relief or order sought and be accompanied by a separate proposed order.
(C) Requests for hearings. A party requesting a hearing on any motion must file a written request by separate motion. Unless otherwise required, a court has the discretion to set any motion for hearing.
(D) Written motions for continuance.
(1) A party must file a motion for continuance as soon after the cause for continuance or delay is discovered by the party seeking the same.
(2) Any written motion to continue a matter must be filed pursuant to subdivision (B) and must include:
(a) A statement that the opposing party has no objection;
(b) A statement that the opposing party objects; or
(c) A statement that the opposing party’s position is unknown, and the date, time, and method by which the moving party filing the motion attempted to obtain agreement and the result, or why such outreach was not possible.
(3) If a party did not comply with subdivision (D)(2), a court may grant a motion for con- tinuance only if the moving party certifies to the court, in writing, the efforts made to give notice and the reasons supporting the moving party’s claim that actual notice should not be required.
(4) A party’s motion must include:
(a) the approximate amount of time needed to elapse before the matter can be heard, and,
(b) a good faith estimate of the time needed for the rescheduled hearing or trial.
(5) Any local rules related to motions to continue are abrogated.

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

Section A limits an Indiana lawsuit to four pairs of pleadings: a complaint and an answer; a counterclaim and a reply to it; a cross-claim and an answer to it; and, when a new party is brought into the case under Rule 14, a third-party complaint and a third-party answer. Nothing else counts as a pleading — the list is closed, so there is no reply to an answer or any other rebuttal pleading beyond those four pairs.

Section B requires that any request for a court order be made by written motion, unless it comes up during a hearing or trial or the court allows otherwise. The motion has to state its grounds and the relief it is asking for, and — notably — it has to come with a separate proposed order the judge could sign. Section C keeps hearings from happening automatically: a party who wants a hearing on a motion has to ask for one in a separate written motion, and whether to grant that hearing is left to the judge’s discretion unless something else requires one.

Section D covers continuances, and it is likely the part of Rule 7 people search for most. A party has to move for a continuance as soon as the reason for the delay comes to light — waiting is not an option. The written motion has to say one of three things about where the other side stands: that they do not object, that they do object, or that their position is unknown, along with the date, time, and method used to try to reach them, or an explanation for why reaching them was not possible. If a party skips that outreach step, a judge can still grant the continuance, but only if the party certifies in writing what efforts were made to give notice and why actual notice should not be required. Every continuance motion also has to estimate how much additional time is needed before the matter can be heard, and give a good-faith estimate of how long the rescheduled hearing or trial will take. Any local rule addressing continuances gives way to this one. Continuance practice in Indiana used to turn on a showing of good cause under a separate rule; the current version drops that language and centers instead on documenting contact with the opposing side and giving the court a realistic sense of how much time is at stake.

Frequently Asked Questions

What pleadings are allowed in an Indiana civil case?

Only four pairs: a complaint and an answer, a counterclaim and a reply, a cross-claim and an answer to the cross-claim, and — when a new party is added under Rule 14 — a third-party complaint and a third-party answer. That list is closed, so there is no reply to an answer or any other pleading beyond those four pairs.

Do I have to put every request to the court in writing?

Yes, with narrow exceptions. Rule 7(B) requires that a request for a court order be made by written motion unless it comes up during a hearing or trial, or the court allows it to be made another way. The motion has to explain its grounds and what relief it is asking for.

Does every motion need a proposed order attached?

Yes. Rule 7(B) requires a separate proposed order to accompany every written motion — a draft of the order you are asking the judge to sign.

How do I get a hearing on my motion?

File a separate written request for one. Rule 7(C) does not schedule a hearing automatically just because a motion was filed — you have to ask for a hearing by separate written motion, and the court has discretion over whether to grant it unless another rule requires one.

What has to be in a motion to continue a hearing or trial?

Under Rule 7(D), the motion has to be filed as soon as the reason for the delay is discovered, and it has to state whether the opposing party objects, does not object, or has an unknown position — and if unknown, when and how you tried to find out. It also has to estimate how much delay you need and how long the rescheduled hearing or trial will take.

Do I need the other side to agree before I can get a continuance?

No. Rule 7(D) does not require the opposing party’s consent — it requires you to tell the court where the other side stands, whether in favor, opposed, or unknown, so the judge can weigh the request with that information.

What if I could not reach the other party before filing my continuance motion?

You can still file, but you have to certify in writing what efforts you made to give notice and explain why actual notice should not be required. Rule 7(D) allows the court to grant the continuance on that basis even without confirmed contact with the opposing side.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 7). 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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