Indiana Commercial Court Rules

Rule 2. Cases Eligible for the Commercial Court Docket

Effective October 1, 2024

(A) Cases Eligible.

Any civil case is eligible for assignment to the Commercial Court Docket under Commercial Court Rule 4 if the principal claims or defenses relate to:

(1) The formation, governance, dissolution, liquidation, or other internal affairs of a business entity;

(2) The rights or obligations between a business entity and its owners, shareholders, officers, directors, managers, trustees, partners, or members of a business entity;

(3) The rights and obligations between a business entity and its owners, shareholders, officers, directors, managers, trustees, partners, or members;

(4) A trade-secret, non-disclosure, non-compete, or employment agreement involving a business entity and one or more of its employees, owners, shareholders, officers, directors, managers, trustees, partners, or members;

(5) An indemnity agreement involving a business entity and one or more of its employees, owners, shareholders, officers, directors, managers, trustees, partners, or members;

(6) The rights, obligations, liability, or indemnity of an owner, shareholder, officer, director, manager, trustee, partner, or member of a business entity owed to or from the business entity;

(7) Business-related torts, including

a) unfair competition;

b) false advertising;

c) unfair trade practices;

d) fraud;

e) interference with contractual relations; or

f) interferences with prospective contractual relations;

(8) A violation of the antitrust laws;

(9) A violation of the securities laws;

(10) A commercial insurance contract, including a coverage dispute;

(11) A breach of a contractual or indemnity obligation between business entities relating to an environmental dispute; or

(12) Any other dispute between business entities, between a business entity and an individual conducting business activities, or between individuals conducting business activities that concern their contracts, transactions, or relationships, including:

a) Transactions governed by the Uniform Commercial Code, except for claims described in Commercial Court Rule 3(B);

b) The purchase, sale, lease, or license of patents, trademarks, service marks, copyrights, trade secrets, or other intellectual property;

c) A security interest in patents, trademarks, service marks, copyrights, trade secrets, or other intellectual property;

d) The infringement or misappropriation of patents, trademarks, service marks, copyrights, trade secrets, or other intellectual property;

e) The purchase or sale of a business entity, whether by merger, acquisition of shares or assets, or otherwise;

f) A business entity’s sale of goods or services to another business entity;

g) Non-consumer bank or brokerage accounts, including loan, deposit, cash management, and investment accounts;

h) Surety bonds and suretyship or guarantee obligations or individuals given in connection with business transactions;

i) The purchase, sale, lease, or license of a security interest in commercial property, whether tangible or intangible personal property or real property;

j) Franchise or dealer relationships; or

k) Cases with a gravamen substantially similar to those listed in subsections (a)—(j) and are not ineligible under Commercial Court Rule 3.

(B) Eligibility Based on Consent.

A case is eligible for transfer to the Commercial Court Docket if:

(1) All parties agree to a transfer of the case to the Commercial Court Docket; and

(2) A Judge of a Commercial Court accepts jurisdiction over the case.

(C) Eligibility of Class Actions and Derivative Actions.

A class action or derivative action is eligible for assignment to the Commercial Court Docket if it meets the requirements of subsection (A) or subsection (B).

(D) Eligibility Not Limited by Nature of Trial or Relief Requested.

Both cases triable to a jury and cases triable to the bench, including cases seeking damages, an injunction, a temporary restraining order, or a declaratory judgment are eligible for assignment to the Commercial Court Docket if they meet the requirements of subsection (A) or subsection (B).