Ind. Marion Cnty. Mass Tort Local Rule LR49-TR40 Rule 712

SETTINGS

A. “Exigent Case” shall mean the allegedly injured plaintiff has been diagnosed with

malignant mesothelioma, any other asbestos-related Stage IV condition, or can show other compelling

circumstances that justifies deviating from the strong presumption that all cases shall be handled in

FIFO Order.

B. Any case that does not meet the definition of an “exigent case” shall be a non-exigent case.

In the event the plaintiff in an exigent case dies before the deadline to file motions for summary

judgment and the Court grants a party’s motion to remove the case from an expedited trial setting, the

case will no longer be considered exigent for purposes of establishing deadlines and trial settings.

C. To obtain exigent status and an expedited trial setting, a plaintiff must:

1. File with the Court a Motion for Expedited Trial Setting showing good cause why the

plaintiff should be afforded the preferential treatment; and,

2. The Motion for Expedited Trial Setting shall contain a statement that the Plaintiff has

a confirmed pathological diagnosis and/or clinical diagnosis of the disease mesothelioma or a

stage IV cancer. The Motion shall reference that the confirming medical documentation is

available through counsel for plaintiff and/or the joint defense records gathering service and

shall not be attached to the motion to maintain privacy of the medical documentation. In the

event that Plaintiff seeks exigent status on a basis other than the Plaintiff’s serious medical

conditions stated above, Plaintiff shall attach a detailed affidavit that demonstrates facts

supporting the need for an expedited trial date.

D. Following a Motion for Expedited Trial Setting, the case shall proceed as if exigent

pending the Court’s ruling on that Request.

E. Defendant(s) shall file any objection to Plaintiff(s) Motion for Expedited Trial Setting

within 60 days, or within 30 days of service upon that Defendant, whichever is later.

F. An exigent case shall remain exigent and receive expedited treatment only so long as:

1. The Plaintiff remains living; or

2. The parties and the Court have invested substantial amounts of time and effort in

preparing the case for trial and the deadline for filing motions for summary judgment has

passed such that in the interest of judicial economy the case should continue to receive

expedited treatment and remain in place on the upcoming trial calendar.

G. At no time will an expedited trial setting be granted for any exigent case less than eight

months after the date on which plaintiff requests the exigent status and expedited trial setting.

H. This Rule is only for the purposes of determining trial setting priority, and designation of

a case as “exigent” shall not constitute evidence that the plaintiff’s injuries were caused by or related

to asbestos.