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

In the

Indiana Supreme Court

Cause No. 26S-MS-8

Order Amending Rules of Trial Procedure

The Committee on Rules of Practice and Procedure has proposed amendments to the

Rules of Trial Procedure. The proposed amendments clarify the timing of responsive pleadings.

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

establish procedures and supervise the administration of all courts in the state, Trial Rules 6 and

12 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 July 1, 2026.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

All Justices concur.

6/9/2026

Exhibit A

Indiana Rules of Trial Procedure

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Rule 6. Time

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(D) Response and Reply Deadlines.

Except as otherwise provided in these rules or ordered by the court, the following times

apply:

(1) Pleadings. A response to a pleading must be filed within twenty days after service of the

pleading.

(2) Motions. A response to a motion must be filed within twenty days after service. Any

reply must be filed within fourteen days after service of the response.

These deadlines do not apply to motions to continue under Rule 7, summary judgment

motions under Rule 56, and motions to correct error under Rule 59, and motions filed

under Rule 60(B). Filing a motion under Rule 12 alters the time for filing a responsive

pleading as provided in Rule 12(A).

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(F) Affidavits.

When a motion is supported by affidavit, the affidavit must be served with the motion; and,

except as otherwise provided in Rule 59(D) in these rules, opposing affidavits may be

served not less than one day before the hearing, unless the court permits them to be

served at some other time.

(G) Additional time after service by United States mail.

Whenever a party has the right or is required to do some act or take some proceedings

within a prescribed period after the service of a notice or other paper upon him and the

notice or paper is served upon him by United States mail, three days must be added to the

prescribed period.

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Rule 12. Defenses, and objections, and motions on the pleadings—When and how

presented—By pleading or motion—Motion for judgment on the pleadings

(A) When presented.

Exhibit A

The time allowed for the presentation of defenses and objections in a motion or responsive

pleading isshall be computed as set forth in this rulepursuant to the provisions of Rule

6(C). Filing a motion permitted under this rule alters the time for filing a responsive

pleading as follows, unless a different time is fixed by the court:

(1) if the court does not grant the motion, the responsive pleading must be filed within ten

days of the order;

(2) if the court grants the motion and corrective action is permitted, an amended pleading

taking the corrective action must be filed within ten days of the order, and the responsive

pleading must be filed within ten days thereafter.

(B) How presented.

Every defense, in law or fact, to a claim for relief in any pleading, whether a claim,

counterclaim, cross-claim, or third-party claim, mustshall be asserted in the responsive

pleading thereto if one is required; except that at the option of the pleader, the following

defenses may be made by motion:

(1) Lack of jurisdiction over the subject matter;,

(2) Lack of jurisdiction over the person;,

(3) Incorrect venue under Trial Rule 75, or any statutory provision. The disposition of this

motion mustshall be consistent with Trial Rule 75;,

(4) Insufficiency of process;

(5) Insufficiency of service of process;

(6) Failure to state a claim upon which relief can be granted, which mustshall include

failure to name the real party in interest under Rule 17;

(7) Failure to join a party needed for just adjudication under Rule 19;

(8) The same action pending in another state court of this state.

A motion making any of these defenses mustshall be made before pleading if a further

pleading is permitted or within twenty [20] days after service of the prior pleading if none is

required. If a pleading sets forth a claim for relief to which the adverse party is not required

to file a responsive pleading, any of the defenses in section (B)(2), (3), (4), (5) or (8) is

waived to the extent constitutionally permissible unless made in a motion within twenty

[20] days after service of the prior pleading. No defense or objection is waived by being

joined with one or more other defenses or objections in a responsive pleading or motion.

Exhibit A

When a motion to dismiss is sustained for failure to state a claim under subdivision (B)(6),

of this rule the pleading may be amended once as of right pursuant to Rule 15(A) within ten

[10] days after service of notice of the court’s order sustaining the motion and thereafter

with permission of the court pursuant to such rule.

If the court does not grant a motion making any of these defenses, the responsive pleading

must be filed within ten days of the order under section 12(A)(1).

If, on a motion, asserting the defense numbered (6), to dismiss for failure of the pleading to

state a claim upon which relief can be granted, matters outside the pleading are presented

to and not excluded by the court, the motion mustshall be treated as one for summary

judgment and disposed of as provided in Rule 56. In such case, all parties mustshall be

given reasonable opportunity to present all material made pertinent to such a motion by

Rule 56.

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(E) Motion for more definite statement.

If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a

party cannot reasonably be required to frame a responsive pleading, he may move for a

motion for a more definite statement before interposing his may be filed before the

responsive pleading. The motion mustshall point out the include all defects complained of

and the details desired. If the motion is granted, the non-movant must file a corrective

pleading within ten days of the order, and the order of the court is not obeyed within twenty

[20] days after notice of the order or within such other time as the court may fix, the court

may strike the pleading to which the motion was directed or make such order as it deems

just. Failure to do so may result in striking of the pleading or such other relief as the court

may order. If the motion is denied, the responsive pleading must be filed within ten days of

the order under (A)(1).

(F) Motion to strike.

Upon motion made by a party before responding to a pleading, or, if no responsive pleading

is permitted by these rules, upon motion made by a party within twenty [20] days after the

service of the pleading upon him or at any time upon the court’s own initiative, the court

may order stricken from any pleading any insufficient claim or defense or any redundant,

immaterial, impertinent, or scandalous matter.

(G) Consolidation of defenses in motion.

A party who makes aAny motions or defenses motion under this rule may be consolidated

in one motion join with it any other motions herein provided for and then available to him. If

Exhibit A

a party makes a motion under this rule but omits therefrom any available defense or

objection then available to him which this rule permits to be raised by motion, he shall not

thereafter make a no motion based on the omitted defense or objection is permitted so

omitted. He may, however, make such motions as are except as allowed under subdivision

(H)(2) of this rule.

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