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Simultaneous Filing of Position Papers Simultaneous Filing of

The document discusses rules related to civil procedure in Indiana state courts. It addresses commencement of civil actions, appearance forms that must be filed when initiating or joining a case, and withdrawal of attorney representation. Requirements include filing complaints or pleadings, paying fees, providing contact information on appearance forms, and giving advance notice when withdrawing as counsel. The purpose is to establish procedures governing civil litigation and ensure efficient case management.
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0% found this document useful (0 votes)
28 views

Simultaneous Filing of Position Papers Simultaneous Filing of

The document discusses rules related to civil procedure in Indiana state courts. It addresses commencement of civil actions, appearance forms that must be filed when initiating or joining a case, and withdrawal of attorney representation. Requirements include filing complaints or pleadings, paying fees, providing contact information on appearance forms, and giving advance notice when withdrawing as counsel. The purpose is to establish procedures governing civil litigation and ensure efficient case management.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Position Papers
Rule 1. Scope of the rules
Except as otherwise provided, these rules govern the procedure and practice in all courts of the state of
Indiana in all suits of a civil nature whether cognizable as cases at law, in equity, or of statutory origin.
They shall be construed to secure the just, speedy and inexpensive determination of every action.

Rule 2. One form of action


(A)    There shall be one [1] form of action to be known as “civil action.”
(B)    The right of a civil action is not merged in a public offense or a public remedy, but may, in all
cases, be sought independently of and in addition to the punishment given or relief granted for
the public offense.

Rule 3. Commencement of an action


A civil action is commenced by filing with the court a complaint or such equivalent pleading or document
as may be specified by statute, by payment of the prescribed filing fee or filing an order waiving the filing
fee, and, where service of process is required, by furnishing to the clerk as many copies of the complaint
and summons as are necessary.

Rule 3.1 Appearance


(A)   Initiating party. At the time an action is commenced, the attorney representing the party
initiating the proceeding 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(G), a statement that the party will or will not accept
service 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
information management system employed by the court;
(8)    In a proceeding involving a protection from abuse order, a workplace violence restraining
order, or a no-contact order, the initiating party shall provide to the clerk a public mailing
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 initiating
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.  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 (10) 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 Sections
(A)(8) and (D) above, and shall attach to the motion a copy of the notice of intent to withdraw
that was sent to the party.
A motion for withdrawal of representation shall be granted by the court unless the court
specifically 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.

Rule 4. Process
(A)   Jurisdiction Over Parties or Persons--In General. The court acquires jurisdiction over a
party or person who under these rules commences or joins in the action, is served with
summons or enters an appearance, or who is subjected to the power of the court under any
other law.
(B)   Preparation of summons and praecipe. Contemporaneously with the filing of the
complaint or equivalent pleading, the person seeking service or his attorney shall furnish to the
clerk as many copies of the complaint and summons as are necessary. The clerk shall examine,
date, sign, and affix his seal to the summons and thereupon issue and deliver the papers to the
appropriate person for service. Affidavits, requests, and any other information relating to the
summons and its service as required or permitted by these rules shall be included in a praecipe
attached to or entered upon the summons. Such praecipe shall be deemed to be a part of the
summons for purposes of these rules. Separate or additional summons shall, as provided by
these rules, be issued by the clerk at any time upon proper request of the person seeking service
or his attorney.
(C)   Form of summons. The summons shall contain:
(1)    The name and address of the person on whom the service is to be effected;
(2)    The name, street address, and telephone number of the court and the cause number
assigned to the case;
(3)    The title of the case as shown by the complaint, but, if there are multiple parties, the title
may be shortened to include only the first named plaintiff and defendant with an
appropriate indication that there are additional parties;
(4)    The name, address, and telephone number of the attorney for the person seeking service;
(5)    The time within which these rules require the person being served to respond, and a clear
statement that in case of his failure to do so, judgment by default may be rendered against
him for the relief demanded in the complaint.
The summons may also contain any additional information which will facilitate proper service.
(D)  Designation of Manner of Service. The person seeking service or his attorney may
designate the manner of service upon the summons. If not so designated, the clerk shall cause
service to be made by mail or other public means provided the mailing address of the person to
be served is indicated in the summons or can be determined. If a mailing address is not
furnished or cannot be determined or if service by mail or other public means is returned
without acceptance, the complaint and summons shall promptly be delivered to the sheriff or
his deputy who, unless otherwise directed, shall serve the summons.
(E)   Summons and Complaint Served Together--Exceptions. The summons and complaint
shall be served together unless otherwise ordered by the court. When service of summons is
made by publication, the complaint shall not be published. When jurisdiction over a party is
dependent upon service of process by publication or by his appearance, summons and
complaint shall be deemed to have been served at the end of the day of last required publication
in the case of service by publication, and at the time of appearance in jurisdiction acquired by
appearance. Whenever the summons and complaint are not served or published together, the
summons shall contain the full, unabbreviated title of the case.
(F)   Limits of Effective Service. Process may be served anywhere within the state and outside
the state as provided in these rules.

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