Ind. Sup. Ct. Order Amending Rules: order-rules-2026-0120-pcr

In the

Indiana Supreme Court

Cause No. 26S-MS-8

Order Amending Rules of Post-Conviction Remedies

The Court directed the Committee on Rules of Practice and Procedure to review the Rules

of Post-Conviction Remedies to address a gap between the rules and Indiana Code section 33-

40-1-2(a). The Rules Committee has reviewed the Rules of Post-Conviction Remedies and

proposed an amendment to require trial courts to order a copy of a petition for post-conviction

relief sent to the State Public Defender when the petitioner has been found indigent, has

requested representation, and is confined in any penal facility in Indiana.

The Court has considered the proposed amendment. Under this Court’s authority to

establish procedures and supervise the administration of all courts in the state, PCR Rules 1(2)

and 1(9) are amended as set forth in Exhibit A to this order (deletions shown by strikethrough

and new text shown by underlining).

These amendments are effective February 2, 2026.

Done at Indianapolis, Indiana, on.

Loretta H. Rush

Chief Justice of Indiana

1/20/2026

Exhibit A

Rules of Post-Conviction Remedies

Rule PC 1. Post-Conviction Relief

…

Section 2. Filing.

A person who claims relief under this Rule or who otherwise challenges the validity of a

conviction or sentence must file a verified petition with the clerk of the court in which the

conviction took place, except that a person who claims that the person’s parole has been

unlawfully revoked must file a verified petition with the clerk of the court in the county in

which the person is incarcerated. Three (3) copies of the verified petition must be filed and

no deposit or filing fee shall be required.

The Clerk mustshall file the petition upon its receipt and deliver a copy to the prosecuting

attorney of that judicial circuit. In capital cases, the clerk mustshall, in addition to

delivering a copy of the petition to the prosecuting attorney, immediately deliver a copy of

the petition to the Attorney General. If an affidavit of indigency is attached to the petition,

the clerk mustshall call this to the attention of the court. If the court finds that the

petitioner is indigent, it mustshall allow petitioner to proceed in forma pauperis. If the court

finds the indigent petitioner is confined incarcerated in a penal facility in Indiana or

committed to the Indiana Department of Correction, and has requested representation, it

mustshall order a copy of the petition sent to the Public Defender's office.

…

Section 9. Counsel.

(a) Upon receiving a copy of the petition, including an affidavit of indigency, from the clerk

of the court, the Public Defender may represent any petitioner confined in a penal facility in

Indiana or committed to the Indiana Department of Correction in all proceedings under this

Rule, including appeal, if the Public Defender determines the proceedings are meritorious

and in the interests of justice. The Public Defender may refuse representation in any case

where the conviction or sentence being challenged has no present penal consequences.

Petitioner retains the right to employ his own counsel or to proceed pro se, but the court is

not required to appoint counsel for a petitioner other than the Public Defender.

…