Proposed Rule Amendments: March 2014

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:

1 Public access to court records

Indiana law declares that anything filed in a court proceeding must be open to public access, unless it falls within an exception contained in Administrative Rule 9(G).   The following proposed amendments are intended to:  (1) clarify the scope, purpose, and operation of Administrative Rule 9(G); (2) take into account judicial interpretations of the Rule since it was enacted over ten years ago; (3) enact provisions in the Trial and Appellate Rules to allow for implementation of the requirements of Administrative Rule 9(G);  (4) fill in gaps that have been revealed since the Rule was enacted; and (5) incorporate modifications to other rules and statutes upon which Administrative Rule 9(G) was originally based.

2 Changes to appellate and trial rules related to Administrative Rule 9

Amendments are also proposed for the Trial and Appellate Rules to conform them to the new structure of Administrative Rule 9. In addition, portions of existing Administrative Rule 9 are moved to the Trial and Appellate Rules so that they are accessible where an individual is most likely to look for information concerning use of confidential information in a trial or appellate context. Also, new Appellate forms are proposed to deal with the use of confidential information on appeal.

3 Body attachments

This proposal deals with the procedures to be followed in issuing body attachments. The amendment attempts to lay out the steps for issuance of a body attachment and provides a rule for bringing an individual detained on a body attachment before the court in a timely manner.

4 Appellate briefs and petitions

This suggestion attempts to clarify the spacing requirements for appellate briefs and petitions.

5 Not-for-publication memorandum decisions

This amendment proposes to reflect the fact that Not-for-Publication Memorandum Decisions are in fact published, by renaming them Memorandum Decisions. Further, at the suggestion of the Indianapolis Bar Association proposed language is included that would permit a Memorandum Decision issued after January 1, 2015 to be cited for persuasive value, but not as binding precedent.

Give us your feedback

The Committee invited public comment on the proposed rule amendments from March 14, 2012 to May 13, 2012. The comment period is now closed.