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Ind. Trial Rule 53.2

Time for holding issue under advisement

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

delay of entering a judgment

Effective February 2, 2026

(A) Time limitation for holding matter under advisement.

Whenever a cause (including for this purpose a petition for post conviction relief) has been

tried to the court and taken under advisement by the judge, and the judge fails to determine

any issue of law or fact within ninety days, the submission of all the pending issues and the

cause may be withdrawn from the trial judge and transferred to the Supreme Court for the

appointment of a special judge.

(B) Excluded Time Periods.

The time limitation for ruling on a motion established under Section (A) must exclude:

(1) Any period after which the case is referred to alternative dispute resolution and until a

report on the alternative dispute resolution is submitted to the court; and

(2) Any period during which the court has permitted the parties to file post-hearing submissions. If the court allows post-hearing submissions, the court must make an entry on

the Chronological Case Summary stating the date by which the parties are to file the submissions. The time limitation for ruling established under Section (A) must begin when all

parties have filed their post-hearing submissions or when the deadline for submissions

occurs, whichever is first.

(C) Exceptions.

The time limitation for holding an issue under advisement established under Section (A) does

not apply where the parties who have appeared or their counsel stipulate or agree on record

that the time limitation for decision set forth in this rule does not apply.

(D) Time of decision.

For the purpose of Section (A), a court is deemed to have decided on the date the decision is

noted in the Chronological Case Summary.

(E) Extension of time for decision.

The procedure for extending the time limitation for decision must be as set forth in Trial Rule

53.1(E).

(F) Procedure for withdrawing submission.

The procedure for withdrawing submission and processing the appointment of a special

judge must be as set forth in Trial Rule 53.1(F).

(G) Report to Supreme Court.

Whenever a special judge is appointed pursuant to this rule, the judge from whom submission has been withdrawn must file a report with the Supreme Court as provided for in

Trial Rule 53.1(G).

(H) Waiver and tolling.

(1) If a requesting party files additional motions, correspondence, or pleadings after filing a

praecipe, the party waives the right to remove the judicial officer from the case, and the praecipe is void and of no effect.

(2) Once a praecipe is filed, all time limitations are tolled until resolution of the praecipe.

Provenance

Source
rules.incourts.gov
Retrieved
2026-10-02
Edition
supplied-in-01-2026-08-01
Content hash
7190d107c1ce16d21f55bb6752899b5acf9f38e9e754c8d37c30ea06e2faa2e3
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