Notice of Proposed Rule Amendments by the Indiana Supreme Court Committee on Rules of Practice and Procedure for Public Comment
To the Bench, Bar and Public:
Pursuant to Ind. Trial Rule 80, the Indiana Supreme Court Committee on Rules of Practice and Procedure has posted the following:
Business Counsel License
The proposed changes to the Business Counsel License rule would permit an attorney licensed in another state, working for an entity engaged in business in Indiana, other than the practice of law, and meeting other requirements, to obtain a business counsel license even though the attorney does not reside in Indiana. Instead of residency, the applicant would have to establish a systematic physical presence in Indiana. Similarly, an attorney admitted in a foreign country who meets the same requirements and whose practice is limited as set forth in Admission and Discipline Rule 5(4)(a)-(d) would be permitted to obtain a business counsel license.
Change of Venue in Criminal Cases
The proposal to the change the venue rule in criminal cases provides that the application for a change of venue must be made within thirty (30) days of the initial hearing. The present rule provides that the application must be made within ten (10) days after a plea of not guilty, or if the case is set for trial, the application has to be made within five (5) days after setting the case for trial.
Change of Venue in Civil Cases
Significant changes are proposed to the change of venue rule in civil cases. One part of the proposal entails setting the deadline for making the request on the earlier of fifteen (15) days after:
- the issues are first closed on the merits, or
- the filing of a motion pursuant to Trial Rules 12 or 56, or
- the service of a motion under Trial Rule 65(A), or before commencement of a hearing on a motion under Trial Rule 65(A), whichever is earlier, or
- all defendants appear.
Acceptance of service by FAX or e-mail
The proposed changes to Trial Rules 3.1, 5 and 72 are intended to permit a party to consent voluntarily to accept service by FAX or e-mail. The proposal also establishes when service by FAX or e-mail is deemed to have been accomplished.
Selection and Unavailability of Special Judges
The proposed changes to Trial Rule 79 suggest significant changes to how special judges are selected and procedures for when they are not available to hear a case. Most notably, the proposal does away with the use of striking panels. Instead, if the parties cannot agree on a special judge who is willing to take the case, then a special judge would be selected pursuant to the county's local rule for special judge selection. Current case law prohibits a case assigned to a special judge from being heard by another judge. The proposed change would allow the regular judge, judge pro tempore
, temporary judge, or senior judge of the court to conduct a hearing or trial if the special judge is not available on the date scheduled.
Continuing Legal Education
Lastly, the changes to the Continuing Legal Education process include authorization of annual, processing, and application fees for accreditation requests, including late processing fees for requests that are not filed in a timely manner. The procedure for appealing CLE Commission decisions and records has also been clarified.
Give Us Your Feedback
The Committee invited public comment on the proposed rule amendments from March 8, 2012 to May 9, 2012. The comment period is now closed.