Rule 73.Hearing of motions
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 73
Amendment History
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.
Plain-English Summary
Unless local conditions make it impractical, Trial Rule 73 requires each trial judge to set up regular times and places, often enough to keep business moving, for hearing and deciding motions that call for notice and a hearing. That structure isn’t rigid: the judge can still schedule the advancement, conduct, or hearing of any action at another time or place, on whatever notice the judge considers reasonable under the circumstances.
To keep cases moving, the rule also gives the court latitude to skip oral argument altogether. A judge can decide a motion on brief written statements of the reasons for and against it, without a hearing, or can hold the hearing itself by telephone conference call or another similar means of communication rather than in person. Other trial rules that spell out their own notice-and-hearing requirements for a particular kind of motion control over this general grant of discretion — Trial Rule 73 sets the default, not an override of a more specific rule.
Frequently Asked Questions
Does an Indiana trial judge have to hold an in-person hearing on every motion?
No. Trial Rule 73 lets the court decide a motion on written briefs, without an oral hearing, or hold the hearing by telephone conference call or a similar means of communication instead of in person.
Does every county have to hold motions on a fixed schedule?
Not necessarily. The rule directs each judge to set regular times and places for hearing motions “unless local conditions make it impracticable,” and even where a regular schedule exists, the judge can still set a different time or place for a particular matter on reasonable notice.
Can motions be heard by phone instead of in person in Indiana?
Yes. Trial Rule 73 lets the court direct or permit hearings on motions by telephone conference call, or by another similar means of communication, in place of an in-person oral hearing.
Can a judge schedule an unusual hearing on short notice?
Yes. The rule lets the judge make an order for the advancement, conduct, and hearing of an action at any time or place, on whatever notice the judge considers reasonable, apart from any regular motion schedule the court has set.
Does Trial Rule 73 override other rules that specifically require a hearing on a particular motion?
No. Where another trial rule sets its own notice-and-hearing requirements for a specific kind of motion, that more specific requirement controls. Trial Rule 73 supplies the general framework and the default option to skip oral argument, not a way around a hearing another rule requires.
Why does Trial Rule 73 only have a subsection (A)?
The rule has always consisted of a single operative subsection. There is no missing or repealed subsection (B) — the rule’s own text notes that it contains no subdivision (B), so nothing has been left out.