Rule 53.3. Motion to correct error: time limitation for ruling
Effective July 15, 2021
(A) Time limitation for ruling on motion to correct error.
In the event a court fails for forty-five (45) days to set a Motion to Correct Error for hearing, or fails to rule on a Motion to Correct Error within thirty (30) days after it was heard or forty-five (45) days after it was filed, if no hearing is required, the pending Motion to Correct Error shall be deemed denied. Any appeal shall be initiated by filing the notice of appeal under Appellate Rule 9(A) within thirty (30) days after the Motion to Correct Error is deemed denied.
(B) Exceptions.
The time limitation for ruling on a motion to correct error established under Section (A) of this rule does not apply where:
(1) The parties who have appeared or their counsel stipulate or agree on record that the time limitation for ruling set forth under Section (A) does not apply; or
(2) The time limitation for ruling has been extended by Section (D) of this rule.
(C) Time of ruling.
For the purposes of Section (A) of this rule, a court is deemed to have set a motion for hearing on the date the setting is noted in the Chronological Case Summary, and to have ruled on the date the ruling is noted in the Chronological Case Summary.
(D) Extension of time for ruling.
The Judge before whom a Motion to Correct Error is pending may extend the time limitation for ruling for a period of no more than thirty (30) days by filing an entry in the cause advising all parties of the extension. Such entry must be in writing, must be noted in the Chronological Case Summary before the expiration of the initial time period for ruling set forth under Section (A), and must be served on all parties. Additional extension of time may be granted only upon application to the Supreme Court as set forth in Trial Rule 53.1(D).