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IN · rules

Ind. Trial Rule 11.2

Abusive Litigation

activein force · 2026-08-01 – presentcompiled-edition

Effective August 1, 2026

(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;

(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 rel-

itigate 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.

Provenance

Source
rules.incourts.gov
Retrieved
2026-10-02
Edition
supplied-in-01-2026-08-01
Content hash
5dc6e962fa1b77f5b8e2742a8c70af33cab0d7decc4405f80476347f21f897f3
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