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Rule 73.Hearing of motions

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

In one sentenceTrial Rule 73 requires each Indiana trial judge to set regular times and places for hearing motions that need notice and a hearing, while giving the judge broad discretion to schedule other matters on reasonable notice, decide motions on written briefs without oral argument, or hold hearings by telephone.

Full Text of Rule 73

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(A)1 Hearings upon motions. Unless local conditions make it impracticable, each judge shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as he considers reasonable may make order for the advancement, conduct, and hearing of actions. To expedite its business, the court may direct the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition, or direct or permit hearings by telephone conference call with all attorneys or other similar means of communication. 1 This rule contains no Subd. (B).

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.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 73). 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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