Ind. Sup. Ct. Order Amending Rules: order-rules-2025-25S-MS-5

The Court will revisit the issue of proportionality in discovery at the conclusion of the Civil

Case Management Pathways Pilot Project.

Under this Court’s authority to establish procedures and supervise the administration of all

courts in the state, Indiana’s Rules of Trial Procedure are amended as set forth in Exhibit A to

this order (deletions shown by strikethrough and new text shown by underlining).

The amendments are effective January 1, 2026.

Done at Indianapolis, Indiana, on ___________

9/9/2025.

Loretta H. Rush

Chief Justice of Indiana

All Justices concur.

2

Exhibit A

Rules of Trial Procedure

Rule 1. Scope of the Rules

Except as provided otherwise, 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 mustshall be construed to secure the just, speedy, and

inexpensive determination of every action. Courts may adopt local and administrative

district rules consistent with the procedures and limitations in Rule 81.

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Rule 4.1. Summons: Service on individuals

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(B) Copy Service to Be Followed With Mail. Whenever service is made under subdivision

Clause (A)(3) or (A)(4) of subdivision (A), the person making the service also mustshall

send by first class mail, a copy of the summons and the complaint to the last known

address address on the summons of the person being served, and this fact mustshall be

shown upon the return.

(C) Duty to Notify Court. When service is predicated upon mail, if the mailed copy is

returned for any reason prior to entry of judgment or within thirty days thereafter, the party

relying upon service must file notice with the court.

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Rule 4.6. Service Upon Organizations

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(B) Manner of service. Service under subdivision (A) of this rule mustshall be made on the

proper person in the manner provided by these rules for service upon individuals, but

service a person seeking service or his attorney mustshall not knowingly be directed

service to be made at the person’s residencedwelling house or place of abode, unless the

such is an address is furnished under the requirements of a statute or valid agreement, or

unless an affidavit on or attached to the summons states that service in another manner is

impractical. A registered agent that has consented to service by electronic means may be

served in such a manner.

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Rule 4.14. Service Under Special Order of Court

Upon application of a verified motion filed by any party setting forth facts sufficient to show

that prior attempts to obtain service pursuant to the trial rules have been unsuccessful, the

court in which any action is pending may make an appropriate order for service in a any

other manner not provided by these rules or statutes when such service that is reasonably

calculated to give the defendant actual knowledge of the proceedings and an opportunity

Exhibit A

to be heard. Such other forms of service may include social media, email, or other

technology.

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Rule 5. Service and filing of pleadings, documents, and other papers

(A) Service: When Required. Unless otherwise provided by these rules or an order of the

court, each party and special judge, if any, mustshall be served with each of the following

papers:

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(B) Service: How made. Whenever a party is represented by an attorney of record, service

mustshall be made upon such attorney unless service upon the party is ordered by the

court. Service upon the attorney or party mustshall be made by delivering or mailing a copy

of the papers to the last known address, or where service is by electronic means approved

by the Indiana Office of Judicial Administration (IOJA) a copy of the documents to the fax

number or emaile-mail address set out in the appearance form or correction as required by

Rule 3.1(E).

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(2) Service by Mail. If service is made by mail, the papers mustshall be deposited in the

United States mail or third-party commercial carrier by which a receipt may be requested

and obtained addressed to the person on whom they are being served, with postage

prepaid. Service isshall be deemed complete upon mailing. Proof of service of all papers

permitted to be mailed may be made by written acknowledgment of service, by affidavit of

the person who mailed the papers, or by certificate of servicean attorney. It isshall be the

duty of attorneys when entering their appearance in a cause or when filing pleadings or

papers therein, to have noted in the Chronological Case Summary or said pleadings or

papers so filed the address and telephone number of their office. Service by delivery or by

mail at such address isshall be deemed sufficient and complete.

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(C) Certificate of Service. Any person attorney or unrepresented self-represented party

tendering a document to the Clerk for filing mustshall include certify that cause that a

certificate of service has been to be made, listing the parties served, and specifying the

date and means of service. The certificate of service mustshall be placed at the end of the

document and mustshall not be separately filed. The separate filing of a certificate of

service, however, mustshall not be grounds for rejecting a document for filing. AThe

courtClerk that receives may permit documents to be filed without a certificate of service

but mustshall require prompt filing of a separate certificate of service.

(D) Same: Numerous defendants. In any action in which there are unusually large

numbers of defendants, the court, upon motion or of its own initiative, may order

Exhibit A

(1) that service of the pleadings of the defendants and replies thereto need not be

made as between the defendants;

(2) that any cross-claim, counterclaim, or matter constituting an avoidance or

affirmative defense contained therein shall be deemed to be denied or avoided by all other

parties; and

(3) that the filing of any such pleading and service thereof upon the plaintiff constitutes

due notice of it to the parties.

A copy of every such order shall be served upon the parties in such manner and form as the

court directs.

(DE) Filing.

(1) Except as otherwise provided in subdivisionsubparagraph (D)(2) hereof, all pleadings

and papers subsequent to after the complaint which that are required to be served upon a

party mustshall be filed with the Ccourt either before service or within a reasonable period

of time thereafter.

(2) ANo deposition, or request for discovery, or response to request for discovery thereto

under Trial Rules 27, 30, 31, 33, 34 or 36 mustshall not be filed with the Ccourt unless:

(a) A motion is filed pursuant to Trial Rule 26(C) or Trial Rule 37 and the original deposition,

or request for discovery, or response to request for discovery thereto is necessary to enable

the Ccourt to rule; or

(b) A party desires to use the deposition, or request for discovery, or response to request for

discovery thereto for evidentiary purposes at trial or in connection with a motion, and the

Ccourt, either upon its own motion or that of any party, or as a part of any pre-trial order,

orders the filing of the original.

(EF) Filing with the Court Defined. …

(FG) Confidentiality of Court Records. …

(GH) Distribution of Orders. …

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Rule 16. Pre-trial procedure: Formulating Issues.

(A) When required--Purpose. In any action except criminal cases, the court may in its

discretion and mustshall upon the motion of any party, direct the attorneys for the parties

to appear before it for a conference to consider:

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(6) the entry of a discovery order;

(7) the desirability of using one or more types of alternative dispute resolution under the

rules therefor;

Exhibit A

(87) the desirability of setting deadlines for dispositive motions in light of the date set for

trial; and

(98) such other matters as may aid in the disposition of the action.

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(C) Conference of attorneys. Unless otherwise ordered by the court, at least ten [10] days

prior to the pre-trial conference, attorneys for each of the parties mustshall meet and

confer for the following purposes:

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(5) Access to Court Records. Discuss Rules on Access to Court Records issues that may

arise during the proceedings.

(6) Discovery. Discuss discovery, including a discovery order.

(76) Discuss settlement. The possibility of compromise settlement mustshall be fully

discussed and explored.

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Rule 26. General provisions governing discovery

(A) Discovery methods. Parties may obtain discovery by one or more of the following

methods:

(1) depositions upon oral examination or written questions;

(2) written interrogatories;

(3) production of documents, electronically stored information, or things or permission to

enter upon land or other property, for inspection and other purposes;

(4) physical and mental examination;

(5) requests for admission.

Unless the court orders otherwise under subdivision (C) of this rule, the frequency of use of

these methods is not limited.

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(B) Scope of discovery. Unless otherwise limited by order of the court in accordance with

these rules, the scope of discovery is as follows:

(1) In General. Parties may obtain discovery regarding any matter, not privileged, which is

relevant to the subject-matter involved in the pending action, whether it relates to the

claim or defense of the party seeking discovery or the claim or defense of any other party,

including the existence, description, nature, custody, condition and location of any books,

documents, or other tangible things and the identity and location of persons having

knowledge of any discoverable matter. It is not ground for objection that the information

Exhibit A

sought will be inadmissible at the trial if the information sought appears reasonably

calculated to lead to the discovery of admissible evidence.

The frequency or extent of use of the discovery methods otherwise permitted under these

rules and by any local rule mustshall be limited by the court if it determines that: (i) the

discovery sought is unreasonably cumulative or duplicative, or is obtainable from some

other source that is more convenient, less burdensome, or less expensive; (ii) the party

seeking discovery has had ample opportunity by discovery in the action to obtain the

information sought or; (iii) the burden or expense of the proposed discovery outweighs its

likely benefit, taking into account the needs of the case, the amount in controversy, the

parties’ resources, the importance of the issues at stake in the litigation, and the

importance of the proposed discovery in resolving the issues. The court may act upon its

own initiative after reasonable notice or pursuant to a motion under Rule 26(C).

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(C) Protective orders.

(1) Upon motion by any party or by the person from whom discovery is sought, and for good

cause shown, the court in which the action is pending or alternatively, on matters relating

to a deposition, the court in the county where the deposition is being taken, may make any

order which justice requires to protect a party or person from annoyance, embarrassment,

oppression, or undue burden or expense.,

(2) The order may includeing one or more of the following:

(a1) that the discovery not be had;

(b2) that the discovery may be had only on specified terms and conditions, including a

designation of the time, or place, and manner of sharing costs;

(c3) that the discovery may be had only by a method of discovery other than that selected

by the party seeking discovery;

(d4) that certain matters not be inquired into, or that the scope of the discovery be limited

to certain matters;

(e5) that discovery be conducted with no one present except the parties and their

attorneys and persons designated by the court;

(f6) that a deposition after being sealed be opened only by order of the court;

(g7) that a trade secret or other confidential research, development, or commercial

information not be disclosed or be disclosed only in a designated way;

(h8) that the parties simultaneously file specified documents or information enclosed in

sealed envelopes to be opened as directed by the court;. If the motion for a protective

order is denied in whole or in part, the court may, on such terms and conditions as are

just, order that any party or person provide or permit discovery. The provisions of Trial Rule

37(A)(4) apply to the award of expenses incurred in relation to the motion.

Exhibit A

(i9) that a party need not provide discovery of electronically stored information from

sources that the party identifies as not reasonably accessible because of undue burden or

cost. On motion to compel discovery or for a protective order, the party from whom

discovery is sought must show that the information is not reasonably accessible because

of undue burden or cost. If that showing is made, the court may nonetheless order

discovery from such sources if the requesting party shows good cause. The court may

specify conditions for the discovery.

(3) If the motion for a protective order is denied in whole or in part, the court may order

that any party or person provide or permit discovery on such terms and conditions as are

just. The provisions of Rule 37(A)(4) apply to the award of expenses incurred in relation to

the motion.

(4) An order issued under this rule does not exclude the document or information from

public access if filed with a court. Parties must comply with Rule 6 of the Indiana Rules on

Access to Court Records to exclude a Court Record from public access.

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Rule 30. Depositions Upon Oral Examination

(A) When depositions may be taken. After commencement of the action, any party may

take the testimony of any person, including a party, by deposition upon oral examination.

Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks

to take a deposition prior to the expiration of twenty [20] days after service of summons

and complaint upon any defendant except that leave is not required:

(1) if a defendant has served a notice of taking deposition or otherwise sought discovery; or

(2) if special notice is given as provided in subdivision (B)(2) of this rule.

The attendance of witnesses may be compelled by the use of subpoena as provided in

Rule 45. The deposition of a person confined in prison may be taken only by leave of court

on such terms as the court prescribes.

(B) Notice of examination: General requirements--Special notice--Non-stenographic

recording--Production of documents and things--Deposition of organization.

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(6) A party may in thehis notice name as the deponent an organization, including without

limitation a governmental organization, or a partnership and designate with reasonable

particularity the matters on which examination is requested. At least fifteen days before

the date of the deposition, the serving party and the organization or its counsel must confer

in good faith about the matters for examination. The organization so named mustshall

designate one or more officers, directors, or managing agents, executive officers, or other

persons duly authorized and consenting to testify on its behalf. The persons so designated

Exhibit A

mustshall testify as to matters known or available to the organization. This subdivision

(B)(6) does not preclude taking a deposition by any other procedure authorized in these

rules.

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Rule 33. Interrogatories to Parties

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(B) Format of interrogatory and response. A party who serves written interrogatories

under this rule mustshall provide, after each interrogatory, a reasonable amount of space

for a response or an objection. Answers or objections to interrogatories mustshall include

the interrogatory which is being answered or to which an objection is made. The

interrogatory which is being answered or objected to mustshall be placed immediately

preceding the answer or objection.

Each interrogatory mustshall be answered separately and fully in writing under oath,

unless it is objected to, in which event the reasons for objections mustshall be stated in

lieu of an answer. The answers are to be signed by the person making them, and the

objections signed by the attorney making them. General objections must not be made and

will have no effect. A general objection is an objection that is not directed to a specific

interrogatory, does not specifically state the grounds on which it was based, or applies

globally.

(C) Time for service, response, and sanctions. The party upon whom the interrogatories

have been served mustshall serve a copy of the answers and objections within a period

designated by the party submitting the interrogatories, not less than thirty (30) days after

the service thereof or within such shorter or longer time as the court may allow. The party

submitting the interrogatories may move for an order under Rule 37(A) with respect to any

objection to or other failure to answer an interrogatory.

The party upon whom the interrogatories have been served may object to the failure to

follow the Format requirements in subdivisionsubpart (B) by returning the interrogatories

to the party who caused them to be served. If this objection is to be made, the

interrogatories mustshall be returned to the party who caused them to be served not later

than the seventh (7th) day after they were received. If the interrogatories are not returned in

that time, then this objection is waived.

(D) Scope--Use at trial. Interrogatories may relate to any matters which can be inquired

into under Rule 26(B) and must be stated with reasonable particularity, and the answers

may be used to the extent permitted by the rules of evidence.

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Exhibit A

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Rule 34. Production of documents, electronically stored information, and things and

entry upon land for inspection and other purposes

(A) Scope. Any party may serve on any other party a request:

(1) to produce and permit the party making the request, or someone acting on the

requester’s behalf, to inspect and copy, any designated documents or electronically

stored information (including, without limitation, writings, drawings, graphs, charts,

photographs, sound recordings, images and other data or data compilations from which

information can be obtained or translated, if necessary, by the respondent into reasonably

usable form); or

(2) to inspect and copy, test, or sample any designated tangible things which constitute or

contain matters within the scope of Rule 26(B) and which are in the possession, custody,

or control of the party upon whom the request is served; or

(32) to permit entry upon designated land or other property in the possession or control of

the party upon whom the request is served for the purpose of inspection and measuring,

surveying, photographing, testing, or sampling the property or any designated object or

operation thereon, within the scope of Rule 26(B).

(B) ProcedureTiming. The request may, without leave of court, be served upon the plaintiff

after commencement of the action and upon any other party with or after service of the

summons and complaint upon that party.

(C) Procedure. The request mustshall set forth the items to be inspected either by

individual item or by category, and describe each item and category with reasonable

particularity. The request may specify the form or forms in which electronically stored

information is to be produced. The request mustshall specify a reasonable time, place,

and manner of making the inspection and performing the related acts. Service is dispensed

with if the whereabouts of the parties is unknown.

(D) Responses. The party upon whom the request is served mustshall serve a written

response within a period designated in the request, not less than thirty [30] days after the

service, thereof or within such shorter or longer time as the court may allow. The response

mustshall state, with respect to each item or category, that inspection and related

activities will be permitted as requested, unless documents are produced with the

response or an objection is asserted. it is objected to, including an objection to the

requested form or forms for producing electronically stored information, stating in which

event the reasons for objection shall be stated.

(E) Objections. If objection is made to part of an item or category, the part mustshall be

specified. If objection is made to the requested form or forms for producing electronically

stored information--or if no form was specified in the request--the responding party must

state the form or forms it intends to use. General objections must not be made and will

have no effect. A general objection is an objection that is not directed to a specific

request, does not specifically state the grounds on which it is based, or applies globally.

Exhibit A

Any objection must state whether any responsive materials are being withheld on the basis

of that objection. The party submitting the request may move for an order under Rule 37(A)

with respect to any objection to or other failure to respond to the request or any part of the

request thereof, or any failure to permit inspection as requested.

(F) Manner of production. Unless the parties otherwise agree, or the court otherwise

orders, a party who produces documents for inspection mustshall produce them as they

are kept in the usual course of business or mustshall organize and label them to

correspond with the categories in the request.

If a request for electronically stored information does not specify the form or forms of

production, a responding party must produce the information in a form or forms in which it

is ordinarily maintained or in a form or forms that are reasonably usable.

A party need not produce the same electronically stored information in more than one

form.

(GC) Application to Non-parties:

(1) Scope. A witness or person other than a party may be requested to produce or permit

the matters allowed by subdivisionsubsection (A) of this rule. Such request mustshall be

served upon other parties and included in or with a subpoena served upon such witness or

person.

(2) Timing. Neither aA request nor subpoena to produce or permit as permitted by this rule

mustshall not be served upon a non-party until at least tenfifteen (15) days after the date

on which the party intending to serve such request or subpoena serves a copy of the

proposed request and subpoena on all other parties. Provided, however, that if such

request or subpoena relates to a matter set for hearing within such fifteen (15) ten-day

period or arises out of a bona fide emergency, such request or subpoena may be served

upon a non-party one (1) day after servicereceipt of the proposed request or subpoena

toby all other parties.

(3) Objections. Any party objecting to the request or subpoena must serve a written

response within ten days of service setting forth the specific grounds for the objection and

a proposed date and time to meet and confer under Rule 26(F). If the parties cannot reach

an agreement, the objecting party must move to quash or modify as permitted by Rule

45(B) within twenty days of the objection. If no timely motion to quash is filed, the party

may serve the request or subpoena.

(43) Procedure. The request mustshall contain the matter provided in

subdivisionsubsection (CB) of this rule. It shall and also state that the witness or person to

whom it is directed:

(a) is entitled to security against damages or payment of damages resulting from such

request;

(b) and may respond to such request by submitting to its terms, by proposing different

terms, by objecting specifically or generally to the request by serving a written response to

Exhibit A

the party making the request within thirty (30) days, or by moving to quash as permitted by

Rule 45(B).

(5) Responses. Any party, or any witness or person upon whom the request properly is

made may respond to the request as provided in subdivisionssubsection (D-FB) of this

rule. If the non-party objects, response of the witness or person to whom it is directed is

unfavorable, if he moves to quash, if he refuses to cooperate after responding, or fails to

respond, or if the response is incompletehe objects, the party making the request may

move for an order under Rule 37(A) with respect to any such response or objection. In

granting an order under this subsection and Rule 37(A)(2) the court mustshall condition

relief upon the prepayment of damages to be proximately incurred by the witness or

person to whom the request is directed or require an adequate surety bond or other

indemnity conditioned against such damages. Such damages mustshall include

reasonable attorneys’ fees incurred in reasonable resistance and in establishing such

threatened damage or damages.

(64) Providing copies. A party receiving documents from a non-party pursuant to this

provision mustshall serve copies on all other parties within fifteen (15) days of receiving the

documents. If the documents are voluminous and service of a complete set of copies is

burdensome, the receiving party mustshall notify all parties within fifteen (15) days of

receiving the documents that the documents are available for inspection at the location of

their production by the non-party, or at another location agreed to by the parties. The

parties mustshall agree to arrangements for copying, and any party desiring copies

mustshall bear the cost of reproducing them.

(HD) Exception to best evidence rule. When a party or witness in control of a writing or

document subject to examination under this rule or Rule 9.2(E) refuses or is unable to

produce it, evidence thereof mustshall be allowed by other parties without compliance

with the rule of evidence requiring production of the original document or writing as best

evidence.

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Rule 36. Requests for admission

(A) Request for admission. A party may serve upon any other party a written request for

the admission, for purposes of the pending action only, of the truth of any matters within

the scope of Rule 26(B) set forth in the request, including the genuineness of any

documents described in the request. Copies of documents mustshall be served with the

request unless they have been or are otherwise furnished or made available for inspection

and copying.

(B) Timing. The request may, without leave of court, be served not earlier than ten days

after the issues are first closed on the merits or thirty days from commencement of the

action in cases where no responsive pleading is requiredupon the plaintiff after

commencement of the action and upon any other party with or after service of the

summons and complaint upon that party. Requests for admission must not be combined

Exhibit A

in the same document with any other pleading and must be served separately from any

other form of discovery.

(C) Failure to admit or deny. Each matter of which an admission is requested mustshall

be separately set forth. The matter is admitted unless, within a period designated in the

request, not less than thirty [30] days after service thereof or within such shorter or longer

time as the court may allow, the party to whom the request is directed serves upon the

party requesting the admission a written answer or objection addressed to the matter,

signed by the party or by his attorney.

(C)(D) Objections. If objection is made, the reasons musttherefor shall be stated. General

objections must not be made and will have no effect. A general objection is an objection

that is not directed to a specific request for admission, does not specifically state the

grounds on which it was based, or applies globally. The answer mustshall specifically deny

the matter or set forth in detail the reasons why the answering party cannot truthfully admit

or deny the matter. A denial mustshall fairly meet the substance of the requested

admission, and when good faith requires that a party qualify thehis answer or deny only a

part of the matter of which an admission is requested, the partyhe mustshall specify so

much of it as is true and qualify or deny the remainder. An answering party may not give

lack of information or knowledge as a reason for failure to admit or deny unless the partyhe

states that he has made reasonable inquiry has been made and that the information

known or readily obtainable by him is insufficient to enable an admissionhim to admit or

denialdeny or that the inquiry would be unreasonably burdensome. A party who considers

that a matter of which an admission has been requested presents a genuine issue for trial

may not, on that ground alone, object to the request; the partyhe may, subject to the

provisions of Rule 37(C), deny the matter or set forth reasons why the partyhe cannot

admit or deny it.

(E) Motion to compel and order. A motion to compel and order are not required where a

party fails to admit or deny under subdivision (C). To address objections under subdivision

(D), Tthe party who has requested the admissions may move for an order with respect to

the answers or objections after the parties attempt to resolve their dispute under Rule

26(F). Unless the court determines that an objection is justified, it shall order that an

answer be served. If the court determines that an answer does not comply with the

requirements of this rule or that an objection is not justified, it may order either that the

matter is admitted or that an amended answer be served. The court may, in lieu of these

orders, determine that final disposition of the request be made at a pre-trial conference or

at a designated time prior to trial. The provisions of Rule 37(A)(4) apply to the award of

expenses incurred in relation to the motion.

(D)(F) Effect of admission. Any matter admitted under this rule is conclusively

established unless the court on motion permits withdrawal or amendment of the

admission. Subject to the provisions of Rule 16 governing amendment of a pre-trial order,

the court may permit withdrawal or amendment when the presentation of the merits of the

action will be subserved thereby and the party who obtained the admission fails to satisfy

the court that withdrawal or amendment will prejudice him in maintaining thehis action or

Exhibit A

defense on the merits. Any admission made by a party under this rule is for the purpose of

the pending action only and is not an admission by him for any other purpose nor may it be

used against the partyhim in any other proceeding.

(G) Expenses on failure to admit. If a party fails to admit the genuineness of any

document or the truth of any matter as requested under this rule, and if the party

requesting the admissions thereafter proves the genuineness of the document or the truth

of the matter, the party may apply to the court for an order requiring the other party to pay

the reasonable expenses incurred in making that proof, including reasonable attorney’s

fees. The court must make the order unless it finds that

(1) the request was held objectionable under subdivision (A),

(2) the admission sought was of no substantial importance,

(3) the party failing to admit had reasonable ground to believe that they might prevail on the

matter, or

(4) there was other good reason for the failure to admit.

...

Rule 37. Failure to make or cooperate in discovery: Sanctions

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(C) Expenses on failure to admit. If a party fails to admit the genuineness of any

document or the truth of any matter as requested under Rule 36, and if the party

requesting the admissions thereafter proves the genuineness of the document or the

truth of the matter, he may apply to the court for an order requiring the other party to

pay him the reasonable expenses incurred in making that proof, including reasonable

attorney’s fees. The court shall make the order unless it finds that (1) the request was

held objectionable pursuant to Rule 36(A), or (2) the admission sought was of no

substantial importance, or (3) the party failing to admit had reasonable ground to

believe that he might prevail on the matter, or (4) there was other good reason for the

failure to admit.

(CD) Failure of party to attend at own deposition or serve answers to interrogatories or

respond to requests for inspection. If a party or an officer, director, or managing agent of

a party or an organization, including without limitation a governmental organization, or a

person designated under Rule 30(B)(6) or 31(A) to testify on behalf of a party or an

organization, including without limitation a governmental organization, fails (1) to appear

before the officer who is to take thehis deposition, after being served with a proper notice,

or (2) to serve answers or objections to interrogatories submitted under Rule 33, after

proper service of the interrogatories, or (3) to serve a written response to a request for

inspection submitted under Rule 34, after proper service of the request, the court in which

the action is pending on motion may make such orders in regard to the failure as are just,

and among others it may take any action authorized under paragraphs (a), (b), and (c) of

subdivision (B)(2) of this rule. In lieu of any order or in addition thereto, the court mustshall

Exhibit A

require the party failing to act or the advising attorney advising him or both to pay the

reasonable expenses, including attorney’s fees, caused by the failure, unless the court

finds that the failure was substantially justified or that other circumstances make an award

of expenses unjust.

The failure to act described in this subdivision may not be excused on the ground that the

discovery sought is objectionable unless the party failing to act has applied for a protective

order as provided by Rule 26(C).

(DE) Electronically stored information. Absent exceptional circumstances, a court may

not impose sanctions under these rules on a party for failing to provide electronically

stored information lost as a result of the routine, good faith operation of an electronic

information system.A court may impose sanctions on a party for failing to take reasonable

steps to preserve electronically stored information that is relevant, material to the

litigation, should have been preserved in anticipation of or during litigation and is lost

because a party fails to take reasonable steps to preserve it, cannot be restored or

replaced through additional discovery, and either prejudice results to another party from

loss of the information or the party acted with the intent to deprive another party of the

information’s use in the litigation.

The sanctions available to the court include the following: a presumption that the lost

information was unfavorable to the party, an instruction the jury must presume the

information was unfavorable to the party, dismissal of the action, entry of a default

judgment, or other orders as are just and necessary to cure the prejudice.

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Rule 53. Court-appointed NeutralsMasters

(A) Appointment and compensation. Each trial court with the concurrence of the

Supreme Court may appoint a court-appointed neutralspecial master in a case pending

therein if: (1) All parties consent to appointment of a court-appointed neutral; or (2) If all

parties do not consent, the court, after giving notice to the parties and an opportunity to be

heard finds it probable that appointment of a court-appointed neutral will materially assist

the court in resolving the case in a just and timely manner; the anticipated costs

associated with the appointment of a court-appointed neutral are proportionate to the

value of the case; and the anticipated costs associated with the appointment of a court-appointed neutral will not be unduly burdensome to any party. As used in these rules the

termword “court-appointed neutral” includes without limitation an attorney, a senior

judge, a referee, an auditor, an examiner, a commissioner, and an assessor, or any

attorney or non-attorney who has special skills or training appropriate to perform the tasks

that may be required. If an attorney, the court-appointed neutral must be an attorney

licensed and in good standing in the State of Indiana. Selection of the court-appointed

neutral may be by agreement of the parties or selected by the court. The compensation to

be allowed to a court-appointed neutralmaster mustshall be reasonableallowed in the

Exhibit A

manner and amount paid to judges pro tem and such additional compensation as is fixed

by the Supreme Court.

(B) Reference. The order of reference may also direct the court-appointed neutral to only

report upon particular issues, perform particular acts, receive and report evidence only, or

fix the time and place for beginning and closing hearings, or the filing of the court-appointed neutral’s report.A reference to a master shall be the exception and not the rule.

In actions to be tried by a jury, a reference shall be made only when the issues are

complicated; in actions to be tried without a jury, save in matters of account and of difficult

computation of damages, a reference shall be made only upon a showing that some

exceptional condition requires it. Reference shall be allowed when the parties agree prior

to trial as provided by these rules or by statute.

(C) Powers. Subject to the specifications and limitations stated in the order of reference,

the court-appointed neutral has the power to regulate all proceedings before the court-appointed neutral, and to take all measures necessary or proper for the efficient

performance of the duties assigned under the order.The order of reference to the master

may specify or limit his powers and may direct him to report only upon particular issues or

to do or perform particular acts or to receive and report evidence only and may fix the time

and place for beginning and closing the hearings and for the filing of the master’s report.

Subject to the specifications and limitations stated in the order, the master has and shall

exercise the power to regulate all proceedings in every hearing before him and to do all

acts and take all measures necessary or proper for the efficient performance of his duties

under the order. He may require the production before him of evidence upon all matters

embraced in the reference, including the production of all books, papers, vouchers,

documents, and writings applicable thereto. He may rule upon the admissibility of

evidence unless otherwise directed by the order of reference and has the authority to put

witnesses on oath and may himself examine them and may call the parties to the action

and examine them upon oath. When a party so requests, the master shall make a record of

the evidence offered and excluded in the same manner and subject to the same limitations

as provided in Rule 43(C) for a court sitting without a jury.

(D) Proceedings.

(1) Meetings. When a reference is made, the clerk mustshall forthwith furnish the court-appointed neutralmaster with a copy of the order of reference. Upon receipt thereof unless

the order of reference otherwise provides, the court-appointed neutralmaster mustshall

forthwith set a time and place for the first meeting of the parties or their attorneys to be

held within twenty [20] days after the date of the order of reference and shall notify the

parties or their attorneys. It is the duty of the court-appointed neutralmaster to proceed

with all reasonable diligence. Either party, on notice to the parties and court-appointed

neutralmaster, may apply to the court for an order requiring the court-appointed

neutralmaster to speed the proceedings and to make thehis report. If a party fails to

appear at the time and place appointed, the court-appointed neutralmaster may proceed

Exhibit A

ex parte or, in the court-appointed neutral’shis discretion, adjourn the proceedings to a

future day, giving notice to the absent party of the adjournment.

(2) Witnesses. The court-appointed neutral may examine witnesses, including the parties

to the action, under oath. The court-appointed neutral may permit the parties to examine

witnesses under oath and may place reasonable limits on the examination of witnesses by

the parties. The parties may procure the attendance of witnesses before the court-appointed neutralmaster by the issuance and service of subpoenas as provided in Rule 45.

If without adequate excuse a witness fails to appear or give evidence, the witnesshe may

be punished as for a contempt and be subjected to the consequences, penalties, and

remedies provided in Rules 37 and 45.

(3) Evidence and Statement of accounts. The court-appointed neutral may require the

production of evidence on all matters embraced in the order of reference, including the

production of records and documents of all kinds, including electronic media. The court-appointed neutral may rule upon the admissibility of evidence unless otherwise directed

by the order of reference and has the authority to place witnesses under oath. If a party so

requests, the court-appointed neutral must make a record of the evidence offered and

excluded in the same manner, and subject to the same limitations, as provided for a court

sitting without a jury. When matters of accounting are in issue before the court-appointed

neutralmaster, the court-appointed neutralhe may prescribe the form in which the

amounts mustshall be submitted and in any proper case may require or receive in

evidence a statement by a certified public accountant who is called as a witness. Upon

objection of a party to any of the items thus submitted or upon a showing that the form of

statement is insufficient, the court-appointed neutralmaster may require a different form

of statement to be furnished, or the accounts or specific items thereof to be provided by

oral examination of the accounting parties or upon written interrogatories or in such other

manner as he directeds.

(E) Report.

(1) Contents and filing. The court-appointed neutralmaster mustshall prepare a report

upon the matters submitted to him by the order of reference and, if required by request of

any party or the court prior to hearing or the taking of evidence by him to make findings of

fact, the court-appointed neutralhe mustshall set them forth in the report. The court-appointed neutralHe mustshall file the report with the clerk of the court and in an action to

be tried without a jury, unless otherwise directed by the order of reference, shall file with it

a transcript of the proceedings and of the evidence and the original exhibits. The clerk shall

forthwith mail to all parties notice of the filing.

(2) In nonjury actions. In an action to be tried without a jury the court shall accept the

master’s decision or his findings of fact unless clearly erroneous. Within ten [10] days after

being served with notice of the filing of the report any party may serve written objections

thereto upon the other parties. Application to the court for action upon the report and upon

objections thereto mustshall be by motion and upon notice as prescribed in Rules 5 and 6.

Exhibit A

The court after hearing may adopt the report or may reject it in whole or in part or may

receive further evidence or may re-commit it with instructions.

(3) In jury actions. In an action to be tried by a jury the court-appointed neutralmaster

mustshall not be directed to report the evidence. TheHis findings upon the issues

submitted to the court-appointed neutralhim are admissible as evidence of the matters

found and may be read to the jury, subject to the ruling of the court upon any objections in

point of law which may be made to the report.

…

(5) Draft report. Before filing thehis report a court-appointed neutralmaster may submit a

draft thereof to counsel for all parties for the purpose of receiving their suggestions. The

court may also request interim report(s) from the court-appointed neutral at any time.

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Rule 63. Disability and unavailability of a judge

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(D) Compensation of judge pro tempore. A judge pro tempore appointed by the Supreme

Court under this rule shall receives a salary computed at the same rate as the regular judge

commencing from the date ofhe qualificationqualifies. A judge pro tempore appointed

locally mustshall be paid twenty-five dollars $25.00 for each day or parts of days thereof

actually served. The judge pro tempore mustshall be paid out of the respective county,

city, or town general fund, without an appropriation therefor, upon allowance by the board

of county commissioners of the county or council of the city or town in which the court is

located. If he is appointed locally, the judge pro tempore mustshall present a claim to the

board of county commissioners specifying the number of days or parts of days actually

served, which claim mustshall be verified by the clerk of the court and the board mustshall

allow the claim. If he is appointed by the Supreme Court, the judge pro tempore mustshall

present a claim to the board with a copy of thehis appointment from the Supreme Court, a

statement showing the date of his qualification verified by the clerk, and a request for

paymentthat he be paid in the same manner thereafter as a regular judge, and thereafter

the judge pro temporehe mustshall be paid in the same manner as a regular judge. The

appointment of a judge pro temporeNothing herein shall be construed to does not diminish

in any manner the compensation of any regular judge so long as such regular judge

continues in office.

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Rule 81. Local court rules

(A) Authority. Courts may regulate local court and administrative district practice by

adopting and amending in accordance with this Rule local and administrative district rules

not inconsistent with--and not duplicative of--these Rules of Trial Procedure or other Rules

of the Indiana Supreme Court. Courts are strongly encouraged to adopt a single set of local

rules for use in all courts of record in a county and will be required to do so after January 1,

Exhibit A

2007. The local and administrative district rulessingle set may reflect different practices

due to geographic, jurisdictional, and other variables. Courts mustshall not use standing

orders (that is, generic orders not entered in the individual case) to regulate local court or

administrative district practice. Local and administrative district rules requiring approval of

the Indiana Supreme Court or the Indiana Office of Judicial Administration (IOJA) are

subject to the provisions of this rule.

(B) Notice and comment.

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(2) The court mustshall also transmit the proposal to the county clerk and to the IOJA in

digital format. The county clerk mustshall post the proposal in the county clerk’s office(s)

and on the county clerk’s website, if any, and the IOJA mustshall post the proposal on the

Indiana Judicial Website for public inspection and comment. The court and the IOJA

mustshall receive comments for not less than thirty (30) days.

…

(D) Exceptions to the schedule. If a court finds that there is good cause to deviate from

the schedule established by the IOJA, the court or administrative district may adopt or

amend local or administrative district rules at other times. However, a local or

administrative district rule doesshall not take effect unless it has first been posted for

thirty (30) days in the county clerk’s office(s) and on the county clerk’s website, if any, and

on the Indiana Judicial Website. The court promptly thereafter mustshall provide

opportunity to comment in the manner provided in subdivisionsubsection (B)(1) above.

…

(F) Adopted Rules. The court mustshall cause adopted rules and amendments to be

placed in the Record of Judgments and Orders, shall cause the county clerk to post local

rules and amendmentsthem in the county clerk’s office(s) and on the county clerk’s

website, if any, for public inspection, and mustshall transmit a copy of the rules in digital

format to the IOJA for posting on the Indiana Judicial Website.

…

(I) Transition. To continue in effect local and administrative district rules promulgated

before the effective date of this Rule, the court shall (1) renumber such rules according to

the uniform numbering system established by the IOJA under subsection (E) above, (2)

cause such rules to be posted and available in the clerk’s office as required by subsection

(G) above, and (3) transmit a copy of such rules in digital format to the IOJA for posting on

the Indiana Judicial Website. By January 1, 2007, local rules must be in compliance with

the terms of this Rule.

(IJ) Periodic review and update. At least once every two years, Ccourts and administrative

districts mustshall review periodically and change local and administrative district rules as

required by changes in statutes, case law, or these Rules of Trial Procedure or other Rules

of the Indiana Supreme Court. Each county must certify that the judges have made the

Exhibit A

required review when submitting the county caseload allocation plan required by

Administrative Rule 1(E)(1).

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Rule 86. General electronic filing and electronic service

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(B) Service of Pleadings, Documents, and Other Papers.

…

(3) Service of PleadingsSubsequent Documents and Other Papers following the Complaint.

(a) Service on Users. All documents required to be served under Rule 5(A) must be served

upon users Except for service required by Trial Rule 4 and except as provided for in this

rule, Users users must serve all documents pleadings and papers in a case upon every

other party who is a User through E-Service using the IEFS. E-Service has the same legal

effect as service of an original paper document. E-Service of a document through the IEFS

is deemed complete upon transmission to the email address for the User shown on the

appearance filed in the case or the Public Service List, as confirmed by the NEF associated

with the document. Exempt parties must serve all documents in a case as provided by Trial

Rules 4 or 5.

(b) Service on Others. Trial Rules 4 and 5 shall govern service of documents on attorneys of

record and on unrepresented parties who are not Users.

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