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IN · rules

Ind. Trial Rule 3.1

Appearance

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

Effective January 1, 2025

(A) Initiating party.

At the time an action is commenced, the attorney representing the party initiating the proceeding or the party, if not represented by an attorney, shall file with the clerk of the court an

appearance form setting forth the following information:

(1) Name, address, telephone number, FAX number, and e-mail address of the initiating

party or parties filing the appearance form;

(2) Name, address, attorney number, telephone number, FAX number, and e-mail address

of any attorney representing the party, as applicable;

(3) The case type of the proceeding [Administrative Rule 8(B)(3)];

(4) Unless required by Trial Rule 86(B), a statement that the party will or will not accept service by FAX or by e-mail from other parties;

(5) In domestic relations, Uniform Reciprocal Enforcement of Support (URESA), paternity,

delinquency, Child in Need of Services (CHINS), guardianship, and any other proceedings

in which support may be an issue, the Social Security Identification Number of all family

members;

(6) The caption and case number of all related cases;

(7) Such additional matters specified by state or local rule required to maintain the information management system employed by the court;

(8) In a proceeding involving a protection from abuse order, a workplace violence restrain-

ing order, or a no-contact order, the initiating party shall provide to the clerk a public mailing address for purposes of legal service. The initiating party may use the Attorney

General Address Confidentiality program established by statute; and

(9) In a proceeding involving a mental health commitment, except 72 hour emergency

detentions, the initiating party shall provide the full name of the person with respect to

whom commitment is sought and the person’s state of residence. In addition, the initiating party shall provide at least one of the following identifiers for the person:

(a) Date of birth;

(b) Social Security Number;

(c) Driver’s license number with state of issue and date of expiration;

(d) Department of Correction number;

(e) State ID number with state of issue and date of expiration; or

(f) FBI number.

(10) In a proceeding involving a petition for guardianship, the initiating party shall provide

a completed Guardianship Information Sheet in the form set out in Appendix C. The

information sheet is a confidential Court Record excluded from public access under the

Rules on Access to Court Records.

(B) Responding parties.

At the time the responding party or parties first appears in a case, the attorney representing

such party or parties, or the party or parties, if not represented by an attorney, shall file an

appearance form setting forth the information set out in Section (A) above.

(C) Intervening Parties.

At the time the first matter is submitted to the court seeking to intervene in a proceeding, the

attorney representing the intervening party or parties, or the intervening party or parties, if

not represented by an attorney, shall file an appearance form setting forth the information

set out in Section (A) above.

(D) Confidentiality of Court Record Excluded from Public Access.

Any appearance form or Court Record defined as not accessible to the public pursuant to the

Rules on Access to Court Records shall be filed in the manner required by Rule 7 of the Rules

on Access to Court Records.

(E) Completion and correction of information.

In the event matters must be filed before the information required by this rule is available,

the appearance form shall be submitted with available information and supplemented when

the absent information is acquired. Parties shall promptly advise the clerk of the court of any

change in the information previously supplied to the court.

(F) Forms.

The Indiana Office of Judicial Administration (IOJA) shall prepare and publish a standard

format for compliance with the provisions of this rule.

(G) Service.

The Clerk of the Court shall use the information set forth in the appearance form for service

by mail, FAX, and e-mail under Trial Rule 5(B).

(H) Withdrawal of Representation.

Except as provided in subdivision (J), an attorney representing a party may file a motion to

withdraw representation of the party upon a showing that the attorney has sent written

notice of intent to withdraw to the party at least ten days before filing a motion to withdraw

representation, and either:

(1) the terms and conditions of the attorney’s agreement with the party regarding the

scope of the representation have been satisfied, or

(2) withdrawal is required by Professional Conduct Rule 1.16(a), or is otherwise permitted

by Professional Conduct Rule 1.16(b).

An attorney filing a motion to withdraw from representation shall certify the last known

address and telephone number of the party, subject to the confidentiality provisions of Sections (A)(8) and (D) above, and shall attach to the motion a copy of the notice of intent to withdraw that was sent to the party.

A motion for withdrawal of representation shall be granted by the court unless the court specifically finds that withdrawal is not reasonable or consistent with the efficient administration

of justice.

(I) Temporary or Limited Representation.

If an attorney seeks to represent a party in a proceeding before the court on a temporary

basis or a basis that is limited in scope, the attorney shall file a notice of temporary or limited

representation. The notice shall contain the information set out in Section (A) (1) and (2)

above and a description of the temporary or limited status, including the date the temporary

status ends or the scope of the limited representation. The court shall not be required to act

on the temporary or limited representation. At the completion of the temporary or limited

representation, the attorney shall file a notice of completion of representation with the clerk

of the court.

(J) Substitution of Appearance.

If a party wishes to substitute attorneys, a substitution of appearance signed by the original

attorney and the new attorney must be filed. If the attorney being replaced is unavailable to

sign the substitution of appearance, the new attorney must include a statement of the reas-

ons for the unavailability.

(K) Written Notice of Intent Not Required.

Written notice of intent to withdraw representation pursuant to subdivision (H) is not

required:

(1) in criminal, family law, and juvenile cases, where no motion is pending and where no

hearing or trial has been set; or

(2) in any case, after other counsel has appeared on the party’s behalf.

Provenance

Source
rules.incourts.gov
Retrieved
2026-10-02
Edition
supplied-in-01-2026-08-01
Content hash
c196f6fd49cc6b7026cbde091fa86df4a05f6b6b0f24b9c27b52d6e9378e0710
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