RECENT DEVELOPMENTS in INDIANA CIVIL PROCEDURE In
RECENT DEVELOPMENTS IN INDIANA CIVIL PROCEDURE JOELLEN LIND* INTRODUCTION In 2000, Indiana realized two long term goals affecting civil practice— passage of the constitutional amendment relieving the Indiana Supreme Court from the burden of direct appeals in most criminal cases1 and promulgation of the New Appellate Rules.2 The change in the court’s jurisdiction will enable it more effectively to supervise pleading and practice in Indiana’s courts as its docket is freed for civil matters. The New Appellate Rules—effective in all appeals taken on or after January 1, 2000—clarify and modernize appellate practice on the model of the federal rules, making appeals in civil cases more efficient and less costly. Aside from these developments, the Indiana Supreme Court’s decisions affecting civil procedure were significant. It issued important opinions on personal jurisdiction, exhaustion of administrative remedies, the further implications of Martin v. Richey,3 summary judgment, and the nonparty defense, among others. The supreme court has also promulgated new rules affecting its original jurisdiction,4 alternative dispute resolution,5 and court administration,6 among other topics. The Indiana Supreme Court also released proposed amendments to the Trial Rules, Rules for Administrative Proceedings, and Small Claims Court Rules for public comment.7 These pending matters, as well as the pilot project for a specialized family court and the “Juries for the 21st Century Project,” portend further changes in Indiana civil practice.8 Decisions emanating from the court of appeals touched on a range of procedural questions from default to venue, and showed the appellate courts grappling with the standards for motions to dismiss and motions for summary judgment, among other recurring issues.
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