Rule 2. Submission and Service
Effective January 1, 2021
(A) Conditions Precedent for Writs.
Except in original actions involving a change of venue from the judge or county, no petition for a writ of mandamus or prohibition will be entertained unless the Relator has raised the jurisdictional question by written motion which the trial court has denied or not ruled upon timely. The motion shall allege the absence of jurisdiction of the respondent court or the failure of the respondent court to act when it was under a duty to act.
(B) Submission.
Application papers may be submitted conventionally or electronically.
(1) Conventional Submission.
Except for petitions for emergency writs, all petitions for writs of mandamus or prohibition, along with the filing fee, shall be submitted in person or by mail to Supreme Court Services, Attention: Original Actions, 315 State House, Indianapolis, Indiana 46204, telephone (317) 232-2540. Relator shall serve Respondents and all interested parties on the same day the Relator's writ application is submitted in person or by mail to the Supreme Court. Delivering a copy of the papers to an interested party's office is personal service on that party within the meaning of these Rules. If emergency relief is requested, Relator must submit the application papers to Supreme Court Services in person after personal service on Respondents and all interested parties. Otherwise, service on the Respondents and interested parties shall be accomplished in the same fashion as service on Supreme Court Services, except that personal service shall always be acceptable.
The Relator shall submit the original and one copy of application papers, including the record. All application papers shall be typewritten or printed on 8 ½ x 11 inch white, opaque, unglazed paper of a weight normally used in legal typing and printing, and shall be reproduced by a copying or duplicating process that produces a clear, black image.
(2) Electronic Submission.
Petitions may be submitted through the Indiana Electronic Filing System (IEFS). Relators who submit electronically must also provide advance or immediate notice to Supreme Court Services by calling (317) 232-2540 and by email, with all application papers attached to original.actions@courts.in.gov. When an emergency writ is sought, the Relator must serve a copy of each application paper as set out in Rule 2(D)(2) via IEFS, email, or personal service.
(C) Filing of Application Papers.
The Clerk shall not file any application papers until they are reviewed by Supreme Court Services. Any documents submitted after 4:30 p.m. or on a weekend or holiday will not be reviewed until the next business day.
(D) Service of Application Papers.
(1) Certificate of Service. Every document submitted or filed under these Rules must include or be accompanied by a certificate of service, which shall:
a) certify that service has been made or will be made contemporaneously with the submission;
b) specifically list the person(s) served by name with applicable email or physical address; and
c) specify the date and means of service. Acceptable means of service are subject to any requirement in Rule 2(B) for a particular method of service and otherwise include IEFS, electronic mail to parties not available for service through IEFS, United States mail with postage prepaid, third party commercial carrier with cost prepaid, or personal delivery.
(2) The Relator shall serve a copy of each application paper upon the Respondents, all parties opposing the Relator in the responding court, and, where applicable under Rule 2(D)(3), the Attorney General.
(3) Service on Attorney General. In all original actions arising out of criminal cases and in all other original actions in which the State of Indiana has or may have an interest, each party shall serve the Attorney General with a copy of each paper submitted to Supreme Court Services or filed with the Clerk.
(E) Supreme Court Services shall submit all original action petitions to the Chief Justice or Acting Chief Justice after filing.
If the petition is incomplete or in improper form or seeks an unquestionably inappropriate remedy, the Chief Justice or Acting Chief Justice shall enter an order dismissing the petition without the intervention of the full Court. In all other cases, the Chief Justice or Acting Chief Justice shall determine whether the case should be set for hearing or referred to the full Court.
The Court may decide to grant or deny the petition without a hearing. If a petition is set for hearing, the Supreme Court Clerk shall serve notice to Relator, Respondents, and all interested parties, including the Attorney General