Ind. Marion Cnty. Mass Tort Local Rule LR49-TR40 Rule 713

A. Asbestos cases pending on the Marion County Mass Tort Litigation Docket shall be set

for trial pursuant to the following criteria, absent a written, verified showing of good cause:

1. Any case identified by the Court as an “exigent case” may receive a priority setting and

expedited trial date, in comparison with non-exigent cases.

2. No more than two “exigent cases”, as that term is defined in Rule 712, will be scheduled

for trial in any single trial setting.

3. Non-exigent cases will fill the remaining slots in a particular trial setting using cause

number order, beginning with a particular plaintiffs’ firm’s oldest pending cases and moving forward

according to cause number.

B. In the event that one or more cases set in any particular trial setting is not tried, settled,

dismissed or otherwise resolved:

1. The case shall roll over and displace the settings in that firm’s next trial setting.

2. Cases rolled over will be set for trial behind only exigent cases assigned to that trial setting

by the Court.

3. Cases that are rolled over will be assigned to that firm’s next trial setting in the same order

as originally scheduled for trial.

4. Any vacancies remaining in the new trial setting shall be filled according to the trial setting

criteria in section A of this Rule.

5. Cases displaced by the cases rolled over from the previous trial setting then become first

choice settings in that firm’s very next trial setting in the order that they were originally set for trial,

behind any exigent cases set for that day.

6. Any vacancies remaining in that trial setting shall be filled according to trial setting criteria

in section A of this Rule.

7. For good cause the Court may make exception to the number of cases set in a trial setting.

8. In the event that one exigent case rolls over from the previous trial setting and two exigent

cases are set for the next trial setting, no exigent case will be displaced, but all of the non-exigent cases

will roll over to the next trial setting.

C. Cases will be released from a trial setting by the Court as follows:

1. Four weeks before the first scheduled day of trial, the seventh and eighth choice settings

shall be released from the trial setting and roll over to the Plaintiff firm’s next trial setting.

2. Two weeks from the first scheduled day of trial, cases that are not first, second, or third

choices in the trial setting shall be released from the trial setting and roll over to the plaintiffs’ firm’s

next trial setting.

3. At Noon on the day before trial is set to begin, all cases but the first choice in the trial

setting shall be released from the trial setting and roll over to the plaintiffs’ firm’s next trial setting.

D. Once cases are assigned to a particular trial setting by the Court, the trial setting will not

be altered or modified without good cause shown, other than to accommodate cases rolling over from

previous trial settings, as described above.

E. A motion to continue trial may be made only by a written and verified motion pursuant to

T.R. 53.5, and will be granted only upon a showing of exceptional circumstances.

F. If a motion to continue trial is granted:

1. The case(s) affected by the motion to continue shall roll over to the plaintiffs’ firm’s next

trial setting immediately upon entry of the Court’s order granting the motion; and,

2. The case(s) affected shall roll over to the plaintiffs’ firm’s next trial setting in the same

order as previously set, in accordance with the provisions of this Rule.

G. For any case released from one trial setting and removed to another, all existing Case

Management Order deadlines for that case are vacated unless already expired before the motion to

continue was filed.