Ind. Sup. Ct. Order Amending Rules: order-rules-2026-26S-MS-8

In the

Indiana Supreme Court

Cause No. 26S-MS-8

Order Amending Rules of Trial Procedure

During the 2026 Judicial District Meetings, trial court judges informed the Court of

increasing concerns about voluminous and disorganized litigant filings, including filings

prepared with the assistance of artificial intelligence and filings containing fictitious legal

authority or fabricated legal citations. These issues have caused a delay in case progression, a

drain on limited judicial resources, and a threat to public confidence in the judiciary.

As a result, the Committee on Rules of Practice and Procedure has proposed amendments

to Trial Rules 8(B), 8(E), 9.2(C), 11, 30(B), and 87(G), and the creation of new Trial Rules 11.1

and 11.2. The proposed amendments and new rules update signing and certification

requirements for parties represented by an attorney and parties not represented by an attorney;

permit courts to strike noncompliant filings; authorize courts to impose conditions and

restrictions on abusive litigants and sanctions for bad-faith filings or failed remedies; and update

related cross-references.

The Court has considered the proposed amendments and new rules. Under the Court’s

authority to establish procedures and supervise the administration of all courts in the state, Trial

Rules 8(B), 8(E), 9.2(C), 11, 30(B), and 87(G) are amended, and new Trial Rules 11.1 and 11.2

are adopted as set forth in Exhibit A to this order (deletions shown by strikethrough and new

text shown by underlining).

The amendments and new rules are effective August 1, 2026.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

All Justices concur.

7/14/2026

Exhibit A

Rule 8. General rules of pleading

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(B) Defenses: Form of denials.

A responsive pleading mustshall state in short and plain terms the pleader’s defenses to each

claim asserted and mustshall admit or controvert the averments set forth in the preceding

pleading. If in good faith the pleader intends to deny all the averments in the preceding

pleading, the pleaderhe may do so by general denial subject to the provisions of Rule 11 or Rule

11.1, as applicable. If the pleaderhe does not intend a general denial, the pleaderhe may:

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(E) All pleadings to be concise and direct--Consistency.

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(2) A pleading may set forth two [2] or more statements of a claim or defense

alternatively or hypothetically, either in one [1] count or defense or in separate counts or

defenses. When two [2] or more statements are made in the alternative and one [1] of

them if made independently would be sufficient, the pleading is not made insufficient by

the insufficiency of one or more of the alternative statements. A pleading may also state

as many separate claims or defenses as the pleader has regardless of consistency and

whether based on legal or equitable grounds. All statements mustshall be made subject to

the obligations set forth in Rule 11 or Rule 11.1, as applicable.

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Rule 9.2. Pleading and proof of written instruments

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(C) Oath or affidavit of denial of execution must be made upon personal knowledge.

An oath or affidavit denying execution as required and made under subdivision (B) of this rule

mustshall be made upon the personal knowledge of the person making it, and, if general in form

(Rule 11(DB)), isshall be deemed to be made upon such personal knowledge.

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Rule 11. Parties represented by an attorney: Signing, certification, and verification of

pleadings

(A) SignatureParties Represented by Attorney.

Every pleading, or motion, or other submission to the court by of a party represented by an

attorney mustshall be signed by at least one [1] attorney of record in the attorney’shis individual

name, whose address, telephone number, and attorney number mustshall be stated, except that

Exhibit A

this provision doesshall not apply to pleadings, and motions, and other submissions made and

transcribed at the trial or a hearing before the judge and received by the judgehim in such form.

A party who is not represented by an attorney shall sign his pleading and state his address.

Except when specifically required by rule, pleadings, or motions, or other submissions need not

be verified or accompanied by affidavit. The rule in equity that the averments of an answer

under oath must be overcome by the testimony of two [2] witnesses or of one [1] witness

sustained by corroborating circumstances is abolished.

(B) Certification.

The signature of an attorney certifies that the attorneyconstitutes a certificate by him that he has

read the pleadings, motion, or other submission; that to the best of the attorney’s hisknowledge,

information, and belief, the factual contentions have evidentiary support or, if specifically so

identified, will likely have evidentiary support after a reasonable opportunity for investigation or

discovery, and denials of factual contentions are warranted on the evidence or reasonably based

on belief or lack of informationthere is good ground to support it; that the claims, defenses, and

other legal contentions are warranted by existing law or a nonfrivolous argument for extending,

modifying, or reversing existing law or for establishing new law; that any cited legal authority is

authentic; and that it is not presentedinterposed for to delay or harass.

(C) Noncompliant filings.

If a pleading or motion is not signed or is signed with intent to defeat the purpose of the rule, it

may be stricken as sham and false and the action may proceed as though the pleading had not

been served. For a willful violation of this rule an attorney may be subjected to appropriate

disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. A

court may strike any filing not in compliance with this rule. The court may take similar action

on any redundant, immaterial, impertinent, or scandalous matter.

(DB) Verification by affirmation or representation.

When in connection with any civil or special statutory proceeding it is required that any

pleading, motion, petition, supporting affidavit, or other document of any kind, be verified, or

that an oath be taken, it isshall be sufficient if the subscriber simply affirms the truth of the

matter to be verified by an affirmation or representation in substantially the following language:

“I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true.

(Signed) ____________” Any person who falsifies an affirmation or representation of fact isshall

be subject to the same penalties as are prescribed by law for the making of a false affidavit.

(EC) Verified pleadings, motions, and affidavits as evidence.

Pleadings, motions and affidavits accompanying or in support of such pleadings or motions

when required to be verified or under oath mustshall be accepted as a representation that the

signer had personal knowledge thereof or reasonable cause to believe the existence of the facts

or matters stated or alleged therein; and, if otherwise competent or acceptable as evidence, may

be admitted as evidence of the facts or matters stated or alleged therein when it is so provided in

Exhibit A

these rules, by statute or other law, or to the extent the writing or signature expressly purports to

be made upon the signer’s personal knowledge. When such pleadings, motions and affidavits

are verified or under oath they mustshall not require other or greater proof on the part of the

adverse party than if not verified or not under oath unless expressly provided otherwise by these

rules, statute or other law. Affidavits upon motions for summary judgment under Rule 56 and in

denial of execution under Rule 9.2 mustshall be made upon personal knowledge.

(F) Scope.

This rule applies to all pleadings, motions, and other submissions to the court by parties

represented by an attorney, including without limitation those prepared with the assistance of

artificial intelligence, the internet, or other resources.

Rule 11.1. Parties not represented by an attorney: Signing, certification, and verification

(A) Scope.

This rule applies to all pleadings, motions, and other submissions to the court by parties not

represented by an attorney, including without limitation those prepared with the assistance of

artificial intelligence, the internet, or other resources.

(B) Signing.

A party not represented by an attorney who files a pleading, motion, or other submission must

sign it and provide the party’s mailing address, telephone number, and email address, if

available, except to the extent the information is protected from public access under the Rules

on Access to Court Records or is permitted to be withheld or replaced by a public mailing

address under these rules.

(C) Certification.

The signature certifies that the signer has read the pleading, motion, or other submission; that to

the best of the signer’s knowledge, information, and belief, the factual contentions have

evidentiary support or, if specifically so identified, will likely have evidentiary support after a

reasonable opportunity for investigation or discovery, and denials of factual contentions are

warranted on the evidence or reasonably based on belief or lack of information; that the claims,

defenses, and other legal contentions are warranted by existing law or a nonfrivolous argument

for extending, modifying, or reversing existing law or for establishing new law; that any cited

legal authority is authentic; and that it is not presented to delay or harass.

(D) Noncompliant filings.

A court may strike any filing not in compliance with this rule. The court may take similar action

on any redundant, immaterial, impertinent, or scandalous matter.

(E) Other requirements.

Rules 11(D) and 11(E) apply to parties not represented by an attorney.

Exhibit A

Rule 11.2. Abusive Litigation

(A) Definitions.

(1) Filer. For purposes of this rule, “filer” means a party or other litigant who files, or on

whose behalf is filed, a pleading, motion, or other submission to the court.

(2) Abusive litigant. An abusive litigant under this rule is a filer who engages in conduct

that may include, but is not limited to, filing frivolous, unreasonable, groundless, or

repetitive claims; litigating claims in bad faith; citing fictitious legal authority; or

egregiously violating the Rules of Trial Procedure or Rules on Access to Court Records.

(B) Findings.

The court, upon the motion of any party or on its own initiative and after considering a filer’s

litigation history, may make a finding that a filer is an abusive litigant.

(C) Remedies.

Upon a finding that a filer is an abusive litigant, a court may impose reasonable conditions and

restrictions on the filer’s ability to commence or continue actions, as specified by order, that are

tailored to the filer’s particular practices. The court may, without limitation, impose one or

more of the following conditions or restrictions:

(1) require the filer to accompany future filings with an affidavit certifying under penalty

of perjury that the allegations are true to the best of the filer's knowledge, information,

and belief;

(2) direct the filer to attach to future complaints a list of all cases previously filed

involving the same, similar, or related cause of action;

(3) direct that future pleadings be stricken if they do not meet the requirements that a

pleading must contain a short and plain statement of the claim showing that the pleader

is entitled to relief and that each averment of a pleading must be simple, concise, and

direct;

(4) require the filer to state clearly and concisely, at the beginning of a motion, the relief

requested;

(5) require the filer to provide specific page citations to documents alleged by the filer to

support an argument or position;

(6) require the filer to provide argument and citation to authority, explaining why the

new action is not subject to dismissal due to res judicata, collateral estoppel, or law of

the case;

(7) limit the filer's ability to request reconsideration or to file repetitive motions;

Exhibit A

(8) limit the number of pages or words of pleadings, motions, and other submissions to

the court;

(9) limit the length of the title that may be used for a filing;

(10) limit the amount or length of exhibits or attachments that may accompany a filing;

or

(11) to the extent permitted by law, deny a filer’s request to waive the filing fee in a civil

case if the court determines that the filer is asserting a claim upon which the court cannot

grant relief, is seeking relief from a defendant who is immune, or is attempting to

relitigate a claim barred by res judicata, collateral estoppel, or law of the case.

(D) Sanctions for Bad Faith or Failed Remedies.

After an opportunity for hearing, upon a party’s request or on its own initiative, a court may

impose sanctions after a finding of bad faith or a finding that the previous remedies have failed.

The court may sanction any filer or attorney whose conduct resulted in the court’s finding.

Sanctions may include default, dismissal with prejudice, payment of reasonable expenses, and

payment of reasonable attorney’s fees.

(E) Other Remedies.

This rule does not limit a court’s authority to respond to individual pleadings under Trial Rule

12(F), or to respond to individual filings under Rule 11(C), Rule 11.1(D), or any other rule.

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Rule 30. Depositions Upon Oral Examination

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

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

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(2) Leave of court, when required by subdivision (A) of this rule, is not required for the

taking of a deposition by plaintiff if the notice:

(a) states that the person to be examined is about to go out of the state or will be

unavailable for examination unless thehis deposition is taken before expiration of

the twenty [20] day period; and

(b) sets forth facts to support the statement.

The plaintiff’s attorney mustshall sign the notice, and thehis signature constitutes a

certification by him that to the best of the attorney’shis knowledge, information, and

belief the statement and supporting facts are true. A violation of this certification may be

Exhibit A

addressed underThe sanctions provided by Rule 11(C) are applicable to the

certificationor any other applicable authority.

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Rule 87. Electronic Filing

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(G) Signature.

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(2) A document that is signed and E-Filed is subject to the terms and provisions of Trial

Rules 11(A) or 11.1, as applicable. A User may include the signature of other attorneys

in documents e-filed with the court but in doing so represents to the court that the

signature is authorized.

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