Rule 1. Scope of Rules
Effective January 1, 2021
(A) Jurisdiction of Supreme Court Over Original Actions for Writs of Mandamus or Prohibition.
The Supreme Court has exclusive, original jurisdiction to supervise the exercise of jurisdiction by other courts of the State of Indiana by virtue of Indiana Constitution, Article 7, Section 4, and Ind. Appellate Rule 4(B)(3).
(B) Nature of Original Actions Governed by These Rules.
Actions commenced in the Supreme Court pursuant to the authority in section (A) above for writs of mandamus or prohibition against other Indiana state courts and the judge or judges thereof and concerned solely with the question of jurisdiction shall be known as original actions and shall be governed exclusively by these Rules.
(C) Original Actions Viewed with Disfavor.
Original actions are viewed with disfavor and may not be used as substitutes for appeals.
(D) Parties to Original Actions.
The party who commences an original action is the Relator. The parties against whom an original action is commenced are the Respondents. The Respondents are always another Indiana state court and the judge or judges thereof. In rare instances, a court clerk may be an additional Respondent.
(E) Writs Against Administrative Agencies.
Complaints filed pursuant to IC 34-27-3-1 et seq. for writs of mandamus or prohibition against administrative agencies and the members thereof are not original actions governed by these Rules. Those complaints are to be filed in the trial court having jurisdiction over the action.
(F) Writs in Aid of Appellate Jurisdiction.
Petitions for writs in aid of appellate jurisdiction are not original actions governed by these Rules. Those petitions are to be filed in the court having initial appellate jurisdiction of a pending appeal or of an appeal about to be filed. The authority of the Supreme Court to issue writs in aid of its appellate jurisdiction is Appellate Rule 4(B)(4) and Appellate Rule 8. The authority of the Court of Appeals to issue writs in aid of its appellate jurisdiction is Appellate Rule 8.
(G) Title.
These Rules shall be known as the Rules of Procedure for Original Actions and shall be cited in accordance with Ind. Appellate Rule 22(B).
(H) Application Papers.
The term “application papers” includes all petitions, records of the proceedings, briefs, and affidavits of indigency.