Ind. Trial Rule 26

Effective January 1, 2026

(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.

(A.1) Electronic Format.

In addition to service under Rule 5(B) or a .pdf format electronic copy, a party propounding or

responding to interrogatories, requests for production or requests for admission shall comply with (a) or (b) of this subsection.

(a) The party shall serve the discovery request or response in an electronic format (either

on a disk or as an electronic document attachment) in any commercially available word

processing software system. If transmitted on disk, each disk shall be labeled, identifying

the caption of the case, the document, and the word processing version in which it is

being submitted. If more than one disk is used for the same document, each disk shall be

labeled and also shall be sequentially numbered. If transmitted by electronic mail, the document must be accompanied by electronic memorandum providing the forgoing identifying information.

or

(b) The party shall serve the opposing party with a verified statement that the attorney or

party appearing pro se lacks the equipment and is unable to transmit the discovery as

required by this rule.

(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

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 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 must 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).

(2) Insurance agreements.

A party may obtain discovery of the existence and contents of any insurance agreement

under which any person carrying on an insurance business may be liable to satisfy part or all

of a judgment which may be entered in the action or to indemnify or reimburse for payments

made to satisfy the judgment. Information concerning the insurance agreement is not by

reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an applic-

ation for insurance shall not be treated as part of an insurance agreement.

(3) Trial preparation: Materials.

Subject to the provisions of subdivision (B)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (B)(1) of this rule and

prepared in anticipation of litigation or for trial by or for another party or by or for that other

party’s representative (including his attorney, consultant, surety, indemnitor, insurer, or

agent) only upon a showing that the party seeking discovery has substantial need of the

materials in the preparation of his case and that he is unable without undue hardship to

obtain the substantial equivalent of the materials by other means. In ordering discovery of

such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or

other representative of a party concerning the litigation.

A party may obtain without the required showing a statement concerning the action or its

subject matter previously made by that party. Upon request, a person not a party may obtain

without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court

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

the motion. For purposes of this paragraph, a statement previously made is

(a) a written statement signed or otherwise adopted approved by the person making it, or

(b) a stenographic, mechanical, electrical, or other recording, or a transcription thereof,

which is a substantially verbatim recital of an oral statement by the person making it and

contemporaneously recorded.

(4) Trial Preparation: Experts.

Discovery of facts known and opinions held by experts, otherwise discoverable under the

provisions of subdivision (B)(1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained as follows:

(a) (i) A party may through interrogatories require any other party to identify each person

whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and

opinions to which the expert is expected to testify and a summary of the grounds for each

opinion.

(ii) Upon motion, the court may order further discovery by other means, subject to

such restrictions as to scope and such provisions, pursuant to subdivision (B)(4)(c) of

this rule, concerning fees and expenses as the court may deem appropriate.

(b) A party may discover facts known or opinions held by an expert who has been retained

or specially employed by another party in anticipation of litigation or preparation for trial

and who is not expected to be called as a witness at trial, only as provided in Rule 35(B) or

upon a showing of exceptional circumstances under which it is impracticable for the party

seeking discovery to obtain facts or opinions on the same subject by other means,

(c) Unless manifest injustice would result,

(i) the court shall require that the party seeking discovery pay the expert a reasonable

fee for time spent in responding to discovery under subdivision (B)(4)(a)(ii) and (B)(4)(b)

of this rule; and

(ii) with respect to discovery obtained under subdivision (B)(4)(a)(ii) of this rule the

court may require, and with respect to discovery obtained under subdivision (B)(4)(b)

of this rule the court shall require, the party seeking discovery to pay the other party a

fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.

(5) Claims of Privilege or Protection.

(a) Information withheld. When a party withholds information otherwise discoverable under

these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents,

communications, or things not produced or disclosed in a manner that, without revealing

information itself privileged or protected, will enable other parties to assess the applicability

of the privilege or protection.

(b) Information produced. If information is produced in discovery that is subject to a claim of

privilege or protection as trial-preparation material, the party making the claim may notify

any party that received the information of the claim and the basis for it. After being notified, a

party must promptly return, sequester, or destroy the specified information and any copies it

has and may not use or disclose the information until the claim is resolved. A receiving party

may promptly present the information to the court under seal for a determination of the

claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The producing party must preserve the information until the claim

is resolved.

(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 include one or more of the following:

(a) that the discovery not be had;

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

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

(c) that the discovery may be had only by a method of discovery other than that selec-

ted by the party seeking discovery;

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

(e) that discovery be conducted with no one present except the parties and their attorneys and persons designated by the court;

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

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

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

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

sealed envelopes to be opened as directed by the court;

(i) 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.

(D) Sequence and timing of discovery.

Unless the court upon motion, for the convenience of parties and witnesses and in the

interests of justice, orders otherwise, methods of discovery may be used in any sequence and

the fact that a party is conducting discovery, whether by deposition or otherwise, shall not

operate to delay any other party’s discovery.

(E) Supplementation of responses.

A party who has responded to a request for discovery with a response that was complete

when made is under no duty to supplement his response to include information thereafter

acquired, except as follows:

(1) A party is under a duty seasonably to supplement his response with respect to any

question directly addressed to:

(a) the identity and location of persons having knowledge of discoverable matters, and

(b) the identity of each person expected to be called as an expert witness at trial, the

subject-matter on which he is expected to testify, and the substance of his testimony.

(2) A party is under a duty seasonably to amend a prior response if he obtains information

upon the basis of which

(a) he knows that the response was incorrect when made, or

(b) he knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing

concealment.

(3) A duty to supplement responses may be imposed by order of the court, agreement of

the parties, or at any time prior to trial through new requests for supplementation of prior

responses.

(F) Informal Resolution of Discovery Disputes.

Before any party files any motion or request to compel discovery pursuant to Rule 37, or any

motion for protection from discovery pursuant to Rule 26(C), or any other discovery motion

which seeks to enforce, modify, or limit discovery, that party shall:

(1) Make a reasonable effort to reach agreement with the opposing party concerning the

matter which is the subject of the motion or request; and

(2) Include in the motion or request a statement showing that the attorney making the

motion or request has made a reasonable effort to reach agreement with the opposing

attorney(s) concerning the matter(s) set forth in the motion or request. This statement

shall recite, in addition, the date, time and place of this effort to reach agreement,

whether in person or by phone, and the names of all parties and attorneys participating

therein. If an attorney for any party advises the court in writing that an opposing attorney

has refused or delayed meeting and discussing the issues covered in this subsection (F),

the court may take such action as is appropriate.

The court may deny a discovery motion filed by a party who has failed to comply with the

requirements of this subsection.