Indiana Rules of Trial Procedure

I. Scope of Rules—One Form of Action

Rule 1. Scope of the rules

Rule 2. One form of action

II. Commencement of Action: Service of Process, Pleadings, Motions and Orders

Rule 3. Commencement of an action

Rule 3.1 Appearance

Rule 4. Process

Rule 4.1. Summons: Service on individuals

Rule 4.2. Summons: Service upon infant or incompetents

Rule 4.3. Summons: Service upon institutionalized persons

Rule 4.4. Service upon persons in actions for acts done in this state or having an effect in this state.

Rule 4.5. Summons: Service upon resident who cannot be found or served within the state

Rule 4.6. Service upon organizations

Rule 4.7. Summons: Service upon agent named by statute or agreement

Rule 4.8. Summons: Service of pleadings or summons on Attorney General

Rule 4.9. Summons: In rem actions

Rule 4.10. Summons: Service upon Secretary of State or other governmental agent

Rule 4.11. Summons: Registered or certified mail

Rule 4.12. Summons: Service by sheriff or other officer

Rule 4.13. Summons: Service by publication

Rule 4.14. Service Under Special Order of Court

Rule 4.15. Summons: Proof of Service—Return—Amendments—Defects

Rule 4.16. Summons: Duties of persons to aid in service

Rule 4.17. Summons: Certain proceedings excepted

Rule 5. Service and Filing of Pleadings, Documents, and Other Papers

Rule 5.1. Service of Constitutional Challenge on Attorney General

Rule 6. Time

III. Pleadings and Motions

Rule 7. Pleadings allowed—Form of motion

Rule 8. General rules of pleading

Rule 9. Pleading special matters

Rule 9.1. Pleading and proof of contributory negligence, assumed risk, res ipsa loquitur, consideration, bona fide purchaser, matters of judicial notice—Answer of distraint

Rule 9.2. Pleading and proof of written instruments

Rule 10. Form of pleading

Rule 11. Signing and verification of pleadings

Rule 12. Defenses and objections—When and how presented—By pleading or motion—Motion for judgment on the pleadings

Rule 13. Counterclaim and cross-claim

Rule 14. Third-party practice

Rule 15. Amended and supplemental pleadings

Rule 16. Pre-trial procedure: Formulating issues

IV. Parties

Rule 17. Parties plaintiff and defendant—Capacity

Rule 17.1. Parties: State as party—Attorney general

Rule 18. Joinder of claims and remedies

Rule 19. Joinder of person needed for just adjudication

Rule 20. Permissive joinder of parties

Rule 21. Misjoinder and non-joinder of parties; venue and jurisdiction over the subject-matter

Rule 22. Interpleader

Rule 23. Class actions

Rule 23.1. Derivative actions by shareholders

Rule 23.2. Actions relating to unincorporated associations

Rule 24. Intervention

Rule 25. Substitution of parties

V. Depositions and Discovery

Rule 26. General provisions governing discovery

Rule 27. Depositions before action or pending appeal

Rule 28. Persons before whom depositions may be taken; discovery across state lines; before administrative agencies; and after judgment

Rule 29. Stipulations regarding discovery procedure

Rule 30. Depositions Upon Oral Examination

Rule 31. Deposition of witnesses upon written questions

Rule 32. Use of depositions in court proceedings

Rule 33. Interrogatories to Parties

Rule 34. Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes

Rule 35. Physical and mental examination of persons

Rule 36. Requests for admission

Rule 37. Failure to make or cooperate in discovery: Sanctions

Rule 38. Jury Trial of Right

VI. Trials

Rule 39. Trial by jury or by the court

Rule 40. Assignment of cases for trial

Rule 41. Dismissal of actions

Rule 42. Consolidation--Separate trials

Rule 43. Evidence

Rule 44. Proof of official record

Rule 44.1 Determination of foreign law

Rule 45. Subpoena

Rule 46. Exceptions unnecessary

Rule 47. Jurors and peremptory challenges

Rule 48. Juries of less than six--Majority verdict

Rule 49. Special verdicts and interrogatories

Rule 50. Judgment on the Evidence (Directed Verdict)

Rule 51. Instructions to jury: Objections, requests: Submission in stages

Rule 52. Findings by the Court

Rule 53. Masters

VII. Judgment

Rule 53.1. Failure to rule on motion

Rule 53.2. Time for holding issue under advisement; delay of entering a judgment

Rule 53.3. Motion to correct error: time limitation for ruling

Rule 53.4. Repetitive motions and motions to reconsider; time for holding under advisement; automatic denial

Rule 53.5. Continuances

Rule 54. Judgment; Costs

Rule 55. Default

Rule 56. Summary judgment

Rule 57. Declaratory judgments

Rule 58. Entry and content of judgment

Rule 59. Motion to correct error

Rule 60. Relief from judgment or order

Rule 60.5. Mandate of funds

Rule 61. Harmless error

Rule 62. Stay of proceedings to enforce a judgment

Rule 63. Disability and unavailability of a judge

Rule 63.1. Lis pendens notice of proceedings avoiding judgments and circumstances tolling and extending statutes of limitations; assignments and discharges in lis pendens and judgment dockets; lis pendens notices in cases involving interest in personal property

VIII. Provisional and Final Remedies and Special Proceedings

Rule 64. Seizure of person or property

Rule 65. Injunctions

Rule 65.1. Security: Proceedings against sureties

Rule 66. Receivers, assignees for the benefit of creditors and statutory and other liquidators; claims against such officers

Rule 67. Deposit in court; payment of judgment

Rule 68. Offer of judgment

Rule 69. Execution, proceedings supplemental to execution, foreclosure sales

Rule 70. Judgment for specific acts; vesting title; recordation

Rule 71. Process in behalf of and against persons not parties

IX. Trial Courts and Clerks

Rule 72. Trial Court and Clerks

Rule 73. Hearing of motions

Rule 74. Recording Proceedings; Transcripts; Audio Recordings

X. Venue, Change of Venue, Change of Judge

Rule 75. Venue requirements

Rule 76. Change of venue

Rule 77. Court records

Rule 78. Jurisdiction pending change from county

Rule 79. Special judge selection: circuit, superior, and probate courts

Rule 79.1. Special judge selection: city, town, and Marion county small claims courts

XI. General Provisions

Rule 80. Procedure for Amending Rules

Rule 81. Local court rules

Rule 81.1. Procedures for Cases Involving Family or Household Members

Rule 82. Forms

Rule 83. Definitions

Rule 84. [Vacated]

Rule 85. [Vacated]

Rule 86. General electronic filing and electronic service

Rule 87. Electronic Filing

Rule 88. Court and Clerk Electronic Filing Review