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Summons: Registered or certified mail 8. Summons: Service by sheriff or other officer. Summons: Service by publication. Service Under Special Order of Court. Summons: Duties of persons to aid in service. Summons: Certain proceedings excepted. Rule 5.

02. General

Service and Filing of Pleading and Other Papers. Rule 6.


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Rule 7. Pleadings allowed--Form of motion. Rule 8. General rules of pleading. Rule 9. Pleading special matters. Pleading and proof of contributory negligence, assumed risk, res ipsa loquitur, consideration, bona fide purchaser, matters of judicial notice--Answer of distraint. Pleading and proof of written instruments. Rule Form of pleading. Signing and verification of pleadings. Defenses and objections -- When and how presented -- By pleading or motion -- Motion for judgment on the pleadings. Counterclaim and cross-claim.. Third-party practice. Amended and supplemental pleadings.

Pre-trial procedure: Formulating issues. Parties plaintiff and defendant--Capacity. Parties: State as party--Attorney general Joinder of claims and remedies. Joinder of person needed for just adjudication. Permissive joinder of parties. Misjoinder and non-joinder of parties; venue and jurisdiction over the subject-matter. Class actions. Derivative actions by shareholders. Actions relating to unincorporated associations. Substitution of parties.

General provisions governing discovery. Depositions before action or pending appeal Persons before whom depositions may be taken; discovery across state lines; before administrative agencies; and after judgment. Stipulations regarding discovery procedure. Depositions Upon Oral Examination. Deposition of witnesses upon written questions. Use of depositions in court proceedings. Interrogatories to Parties.

Production of documents, electronically stored information, and things and entry upon land for inspection and other purposes. Physical and mental examination of persons. Requests for admission. Failure to make or cooperate in discovery: Sanctions. Jury Trial of Right. Trial by jury or by the court. Assignment of cases for trial Dismissal of actions. Consolidation--Separate trials.

Proof of official record. Determination of foreign law.. Exceptions unnecessary. Jurors and peremptory challenges. Juries of less than six--Majority verdict.

TSLint core rules

Special verdicts and interrogatories. Judgment on the Evidence Directed Verdict. Instructions to jury: Objections, requests: Submission in stages. Findings by the Court. Failure to rule on motion. Time for holding issue under advisement; delay of entering a judgment. Motion to correct error: time limitation for ruling. Repetitive motions and motions to reconsider; time for holding under advisement; automatic denial Judgment; Costs. Summary judgment. Declaratory judgments. Entry and content of judgment.

Motion to correct error. Relief from judgment or order. Mandate of funds. Harmless error. Stay of proceedings to enforce a judgment. Disability and unavailability of a judge. 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. Seizure of person or property.

Security: Proceedings against sureties. Receivers, assignees for the benefit of creditors and statutory and other liquidators; claims against such officers. Deposit in court; payment of judgment. Offer of judgment. Execution, proceedings supplemental to execution, foreclosure sales. Judgment for specific acts; vesting title; recordation. Process in behalf of and against persons not parties.

Trial Court and Clerks. Hearing of motions. Recording machines; court reports; stenographic report or transcript as evidence. Venue requirements. Change of venue. Court records. Jurisdiction pending change from county. Special judge selection: circuit, superior, and probate courts. Special judge selection: city, town, and Marion county small claims courts.

Local court rules. Effective date. Electronic filing and electronic service. Except as otherwise provided, these rules govern the procedure and practice in all courts of the state of Indiana in all suits of a civil nature whether cognizable as cases at law, in equity, or of statutory origin. They shall be construed to secure the just, speedy and inexpensive determination of every action. A civil action is commenced by filing with the court a complaint or such equivalent pleading or document as may be specified by statute, by payment of the prescribed filing fee or filing an order waiving the filing fee, and, where service of process is required, by furnishing to the clerk as many copies of the complaint and summons as are necessary.

At the time an action is commenced, the attorney representing the party initiating the proceeding or the party, if not represented by an attorney, shall file with the clerk of the court an appearance form setting forth the following information:. The initiating party may use the Attorney General Address Confidentiality program established by statute; and.

In addition, the initiating party shall provide at least one of the following identifiers for the person:. The information sheet is a confidential Court Record excluded from public access under Administrative Rule 9. At the time the responding party or parties first appears in a case, the attorney representing such party or parties, or the party or parties, if not represented by an attorney, shall file an appearance form setting forth the information set out in Section A above.

At the time the first matter is submitted to the court seeking to intervene in a proceeding, the attorney representing the intervening party or parties, or the intervening party or parties, if not represented by an attorney, shall file an appearance form setting forth the information set out in Section A above. Any appearance form or Court Record defined as not accessible to the public pursuant to Administrative Rule 9 G shall be filed in the manner required by Administrative Rule 9 G 5.

In the event matters must be filed before the information required by this rule is available, the appearance form shall be submitted with available information and supplemented when the absent information is acquired. Parties shall promptly advise the clerk of the court of any change in the information previously supplied to the court. An attorney representing a party may file a motion to withdraw representation of the party upon a showing that the attorney has sent written notice of intent to withdraw to the party at least ten 10 days before filing a motion to withdraw representation, and either:.

An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the confidentiality provisions of Sections A 8 and D above, and shall attach to the motion a copy of the notice of intent to withdraw that was sent to the party. A motion for withdrawal of representation shall be granted by the court unless the court specifically finds that withdrawal is not reasonable or consistent with the efficient administration of justice. If an attorney seeks to represent a party in a proceeding before the court on a temporary basis or a basis that is limited in scope, the attorney shall file a notice of temporary or limited representation.

The notice shall contain the information set out in Section A 1 and 2 above and a description of the temporary or limited status, including the date the temporary status ends or the scope of the limited representation. The court shall not be required to act on the temporary or limited representation. At the completion of the temporary or limited representation, the attorney shall file a notice of completion of representation with the clerk of the court. The court acquires jurisdiction over a party or person who under these rules commences or joins in the action, is served with summons or enters an appearance, or who is subjected to the power of the court under any other law.

Contemporaneously with the filing of the complaint or equivalent pleading, the person seeking service or his attorney shall furnish to the clerk as many copies of the complaint and summons as are necessary. The clerk shall examine, date, sign, and affix his seal to the summons and thereupon issue and deliver the papers to the appropriate person for service.

Affidavits, requests, and any other information relating to the summons and its service as required or permitted by these rules shall be included in a praecipe attached to or entered upon the summons. Such praecipe shall be deemed to be a part of the summons for purposes of these rules. Separate or additional summons shall, as provided by these rules, be issued by the clerk at any time upon proper request of the person seeking service or his attorney.

The summons may also contain any additional information which will facilitate proper service. The person seeking service or his attorney may designate the manner of service upon the summons. If not so designated, the clerk shall cause service to be made by mail or other public means provided the mailing address of the person to be served is indicated in the summons or can be determined.

If a mailing address is not furnished or cannot be determined or if service by mail or other public means is returned without acceptance, the complaint and summons shall promptly be delivered to the sheriff or his deputy who, unless otherwise directed, shall serve the summons. The summons and complaint shall be served together unless otherwise ordered by the court. When service of summons is made by publication, the complaint shall not be published. When jurisdiction over a party is dependent upon service of process by publication or by his appearance, summons and complaint shall be deemed to have been served at the end of the day of last required publication in the case of service by publication, and at the time of appearance in jurisdiction acquired by appearance.

Whenever the summons and complaint are not served or published together, the summons shall contain the full, unabbreviated title of the case. Process may be served anywhere within the state and outside the state as provided in these rules. Service may be made upon an individual, or an individual acting in a representative capacity, by:. Whenever service is made under Clause 3 or 4 of subdivision A , the person making the service also shall send by first class mail, a copy of the summons and the complaint to the last known address of the person being served, and this fact shall be shown upon the return.

Service upon an individual known to be an infant shall be made upon his next friend or guardian ad litem, if service is with respect to the same action in which the infant is so represented. If there is no next friend or guardian ad litem, service shall be made upon his court-appointed representative if one is known and can be served within this state. If there is no court-appointed representative, service shall be made upon either parent known to have custody of the infant, or if there is no parent, upon a person known to be standing in the position of custodian or parent.

The infant shall also be served if he is fourteen [14] years of age or older. In the event that service, as provided above, is not possible, service shall be made on the infant. Service upon an individual who has been adjudged to be of unsound mind, otherwise incompetent or who is believed to be such shall be made upon his next friend or guardian ad litem, if service is with respect to the same action in which the incompetent is so represented. If there is no court-appointed representative, then upon the named party and also upon a person known to be standing in the position of custodian of his person.

Nothing herein is intended to affect the duty of a party to inform the court that a person is an infant or incompetent. An appearance by a court-appointed guardian, next friend or guardian ad litem or his attorney shall correct any defect in service under this section unless such defect be challenged.

Service of summons upon a person who is imprisoned or restrained in an institution shall be made by delivering or mailing a copy of the summons and complaint to the official in charge of the institution. It shall be the duty of said official to immediately deliver the summons and complaint to the person being served and allow him to make provisions for adequate representation by counsel. The official shall indicate upon the return whether the person has received the summons and been allowed an opportunity to retain counsel. Any person or organization that is a nonresident of this state, a resident of this state who has left the state, or a person whose residence is unknown, submits to the jurisdiction of the courts of this state as to any action arising from the following acts committed by him or her or his or her agent:.

In addition, a court of this state may exercise jurisdiction on any basis not inconsistent with the Constitutions of this state or the United States. A person subject to the jurisdiction of the courts of this state under this rule may be served with summons:. Jurisdiction under this rule is subject to the power of the court to order the litigation to be held elsewhere under such reasonable conditions as the court in its discretion may determine to be just.

In the exercise of that discretion the court may appropriately consider such factors as:. No stay or dismissal shall be granted due to a finding of forum non conveniens until all properly joined defendants file with the clerk of the court a written stipulation that each defendant will:. The court may, on motion and notice to the parties, modify an order granting a stay or dismissal under this subsection and take any further action in the proceeding as the interests of justice may require.

If the moving party violates a stipulation required by subsection D , the court shall withdraw the order staying or dismissing the action and proceed as if the order had never been issued. Notwithstanding any other law, the court shall have continuing jurisdiction for the purposes of this subsection. When the person to be served is a resident of this state who cannot be served personally or by agent in this state and either cannot be found, has concealed his whereabouts or has left the state, summons may be served in the manner provided by Rule 4.

Service upon an organization may be made as follows:. When shown upon an affidavit or in the return, that service upon an organization cannot be made as provided in subdivision A or B of this rule, service may be made by leaving a copy of the summons and complaint at any office of such organization located within this state with the person in charge of such office. Whenever an agent other than an agent appointed to receive service for a governmental organization of this state has been designated by or pursuant to statute or valid agreement to receive service for the person being served, service may be made upon such agent as follows:.

If service cannot be made upon such agent, because there is no address furnished as required by statute or valid agreement or his whereabouts in this state are unknown, then his principal shall be deemed to have appointed the Secretary of State as a replacement for the agent and service may be made upon the Secretary of State as provided in Rule 4.

Summons: Service of pleadings or summons on Attorney General. Service of a copy of the summons and complaint or any pleading upon the Attorney General under these rules or any statute shall be made by personal service upon him, a deputy or clerk at his office, or by mail or other public means to him at such office in the manner provided by Rule 4.

In any action involving a res situated within this state, service may be made as provided in this rule. The court may render a judgment or decree to the extent of its jurisdiction over the res. Service under this rule may be made as follows:. Whenever, under these rules or any statute, service is made upon the Secretary of State or any other governmental organization or officer, as agent for the person being served, service may be made upon such agent as provided in this rule.

Summons: Registered or certified mail. Whenever service by registered or certified mail or other public means by which a return receipt may be requested is authorized, the clerk of the court or a governmental agent under Rule 4. In his return the clerk of the court or the governmental agent shall show the date and place of mailing, a copy of the mailed or electronically-transmitted return receipt if and when received by him showing whether the mailing was accepted or returned, and, if accepted, by whom.

The return along with the receipt shall be promptly filed by the clerk with the pleadings and become a part of the record. If a mailing by the clerk of the court is returned without acceptance, the clerk shall reissue the summons and complaint for service as requested, by the person seeking service. Whenever service is made by delivering a copy to a person personally or by leaving a copy at his dwelling house or place of employment as provided by Rule 4. Service shall be effective if made by a person not otherwise authorized by these rules, but proof of service by such a person must be made by him as a witness or by deposition without allowance of expenses therefor as costs.

The person to whom the summons is delivered for service must act promptly and exercise reasonable care to cause service to be made. A sheriff, his deputy, or any full-time state or municipal police officer may serve summons in any county of this state if he agrees or has agreed to make the service. When specially requested in the praecipe for summons, the complaint and summons shall be delivered to such officer by the clerk or the attorney for the person seeking service.

In no event shall any expenses agreed upon under this provision be assessed or recovered as costs or affect court costs otherwise imposed for regular service. A summons may be served in any county in this state. If service is to be made in another county, the summons may be issued by the clerk for service therein to the sheriff of such county or to a person authorized to make service by these rules.

Personal service, when permitted by these rules to be made outside the state, may be made there by any disinterested person or by the attorney representing the person seeking such service. The expenses of such person may be assessed as costs only if they are reasonable and if service by mail or other public means cannot be made or is not successful. In any action where notice by publication is permitted by these rules or by statute, service may be made by publication. Summons by publication may name all the persons to be served, and separate publications with respect to each party shall not be required.

The person seeking such service, or his attorney, shall submit his request therefor upon the praecipe for summons along with supporting affidavits that diligent search has been made that the defendant cannot be found, has concealed his whereabouts, or has left the state, and shall prepare the contents of the summons to be published.

Indiana Rules of Trial Procedure

The summons shall be signed by the clerk of the court or the sheriff in such manner as to indicate that it is made by his authority. The summons shall contain the following information:. A description of any property, relationship, or other res involved in the action, and a statement that the person being sued claims some interest therein;.


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  5. The summons shall be published three [3] times by the clerk or person making it, the first publication promptly and each two [2] succeeding publications at least seven [7] and not more than fourteen [14] days after the prior publication, in a newspaper authorized by law to publish notices, and published in the county where the complaint or action is filed, where the res is located, or where the defendant resides or where he was known last to reside.

    If no newspaper is published in the county, then the summons shall be published in the county in this state nearest thereto in which any such paper may be printed, or in a place specially ordered by the court. The person seeking the service or his attorney may designate any qualified newspaper, and if he fails to do so, the selection may be made by the clerk.

    Service of summons by publication shall be made and procured by the clerk, by a person appointed by the court for that purpose, or by the clerk or sheriff of another county where publication is to be made. The clerk or person making the service shall prepare the return and include the following:. The return and affidavits shall be filed with the pleadings and other papers in the case and shall become a part of the record as provided in these rules. Upon application of any party the court in which any action is pending may make an appropriate order for service in a manner not provided by these rules or statutes when such service is reasonably calculated to give the defendant actual knowledge of the proceedings and an opportunity to be heard.

    The person making service shall promptly make his return upon or attach it to a copy of the summons which shall be delivered to the clerk. The return shall be signed by the person making it, and shall include a statement:. The return, along with the summons to which it is attached or is a part, the praecipe for summons, affidavits furnished with the summons or praecipe for summons, and all other affidavits permitted by these rules shall be filed by the clerk with the pleadings and other papers in the case and thereupon shall become a part of the record, and have such evidentiary effect as is now provided by law.

    The clerk shall enter a filing date upon every praecipe, pleading, return, summons, affidavit or other paper filed with or entered of record by him. The clerk shall also enter an issuance date upon any summons issued, mailed or delivered by him, or other communication served or transmitted by him under these rules. Such filing or issuance date shall constitute evidence of the date of filing or issuance without further authentication when entered in the court records, or when the paper or a copy thereof is otherwise properly offered or admitted into evidence.

    A written admission stating the date and place of service, signed by the person being served, may be filed with the clerk who shall file it with the pleadings. Such admission shall become a part of the record, constitute evidence of proper service, and shall be allowed as evidence in any action or proceeding. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended unless it clearly appears that material prejudice would result to the substantial rights of the person against whom the process is issued.

    No summons or the service thereof shall be set aside or be adjudged insufficient when either is reasonably calculated to inform the person to be served that an action has been instituted against him, the name of the court, and the time within which he is required to respond. Any person willfully violating any provision of this rule may be subjected to contempt proceedings. Rules 4 through 4. Unless otherwise provided by these rules or an order of the court, each party and special judge, if any, shall be served with:.

    No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided by service of summons in Rule 4. Whenever a party is represented by an attorney of record, service shall be made upon such attorney unless service upon the party is ordered by the court. Service upon the attorney or party shall be made by delivering or mailing a copy of the papers to the last known address, or where service is by FAX or e-mail, by faxing or e-mailing a copy of the documents to the fax number or e-mail address set out in the appearance form or correction as required by Rule 3.

    Refusal to accept an offered or tendered document is a waiver of any objection to the sufficiency or adequacy of service of that document;. If service is made by mail, the papers shall be deposited in the United States mail addressed to the person on whom they are being served, with postage prepaid. Meetings do not have to take place at Chatham House, or be organized by Chatham House, to be held under the Rule. Meetings, events and discussions held at Chatham House are normally conducted 'on the record' with the Rule occasionally invoked in relevant cases.

    In cases where the Rule is not considered sufficiently strict, an event may be held 'off the record'. He has already left the Adrians and their visitors much longer than courtesy and the rules of fiction allow. Replaced Old English wealdan. Meaning "regulation governing play of a game, etc.

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    Phrase rule of thumb first attested s. Rule of law "supremacy of impartial and well-defined laws to any individual's power" is from Meaning "strip used for making straight lines or measuring" is recorded from midc. Typography sense is attested from s. Legal sense "establish by decision" is recorded from early 15c. Meaning "mark with lines" is from s. Meaning "to dominate, prevail" is from Related: Ruled ; ruling. In addition to the idioms beginning with rule. Verb Phrases rule out , to prove to be unrelated or not for consideration; eliminate; exclude: to rule out the possibility of error.

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