Tracy Betz: Commercial courts: A year in review with Judge Klineman

When business disputes need resolution, Indiana’s Commercial Courts are now the go-to destination—and they’ve come a long way since their start in 2016.

What began as a six-court pilot program has expanded to 10 permanent courts across the state, offering specialized expertise for the complexities of commercial law.

In 2024, Marion County welcomed Judge Christina Klineman to its Commercial Court, bringing with her a fresh perspective after more than a decade as a criminal court judge.

I sat down with Klineman for an exclusive interview to discuss her experiences, the unique practices in commercial court, and the practical insights she’s gained along the way.

From discovery disputes to summary judgment motions, Judge Klineman offers a glimpse into how she’s shaping the commercial court docket and what legal professionals can expect when they appear in her courtroom.

The interview has been edited and condensed for this column. To watch the full interview, go to: https://vimeo.com/1066590421.

Judge Klineman, thank you for speaking with me. Now that you’ve been in the position for a year, what does a typical day in the commercial court look like?

Every day is a little different, but there are some common threads. The biggest difference between the commercial court docket and my regular docket is the amount of status conferences and check-ins with lawyers. The commercial court’s flexibility allows us to be much more accessible to attorneys. We can move cases faster by setting up regular meetings, which helps keep everything on track. I think this accessibility is one of the major benefits of commercial courts.

Has that flexibility led to greater efficiency in handling cases?

Absolutely. Lawyers know they’re being prioritized, so they can set clear expectations with their clients. If a trial is scheduled for April 1st, they’re much more likely to know that they’ll actually be going to trial on that date. It eliminates the uncertainty that can arise with a regular civil docket, where cases may get delayed because there’s less urgency. The predictability and prioritization really help move things along more efficiently.

Given that commercial court must be agreed to by all parties, how can lawyers work to obtain that agreement?

I think it mostly comes down to education. The more lawyers who use the commercial court and talk about their positive experiences, the more others will realize the benefits. There can be concerns about bias—people worry that larger firms or big businesses might get preferential treatment—but that’s not the case. The goal is efficiency. It’s about moving cases forward with consistency. Once people understand that, they tend to see how the commercial court helps them avoid delays and unnecessary costs.

Have you received positive feedback from the business community about the commercial court?

Absolutely. Everyone who uses the commercial court loves it. Many businesses are even willing to travel from out of state to use these courts because they value the efficiency and the access they get. Being able to tell your client what to expect, knowing the process will move quickly, is something that businesses really appreciate.

Let’s talk about discovery. As you know, discovery disputes are a common challenge in litigation. How does discovery work in the commercial court?

Discovery in commercial court can get quite heavy, especially with electronic discovery. The volume of emails and documents that need to be reviewed can be overwhelming. But the approach we take here is a bit different. I encourage attorneys to reach out to me early if they anticipate a discovery dispute. If they’ve had their conferences and are stuck, we can get a quick check-in on the calendar, even if it’s just for 30 minutes to an hour. It saves everyone time and eliminates the need for lengthy motions to compel. It helps keep the case moving faster, which is one of the biggest advantages of commercial court.

How about depositions? Lawyers are often at odds during depositions. How do you like to handle disputes that arise during them?

If a tough deposition is coming up, I encourage lawyers to reach out in advance. I’m happy to make myself available for a phone call or an email exchange to resolve any disputes. Sometimes just knowing that the judge is available can diffuse the situation. If issues arise during the deposition, I’m often able to make a quick ruling on the phone, which is much more efficient than certifying a question and having to deal with motions later.

Your court sees a lot of preliminary injunctions and temporary restraining orders, which can be pretty fast-paced. How does the commercial court manage these types of filings?

Yes, TROs and injunctions often require quick action. If a TRO is filed without notice, we try to review it immediately, assuming it meets all the necessary requirements. Sometimes, we need to coordinate with attorneys to find an appropriate time to give notice to the other side. We work with them to get hearings scheduled as quickly as possible. For injunctions, we’re usually discussing dates and whether any discovery needs to happen beforehand. The key is to act quickly, and we are flexible in finding times that work for everyone, including using remote appearances when needed.

You’ve had to handle cases where businesses are based out of state. How do you manage those situations with out-of-town witnesses?

A lot of these cases involve employees located in different states, so remote hearings are often necessary. If the lawyers are local but witnesses are out of state, we typically use a hybrid approach—local lawyers appear in person, but witnesses testify remotely. If the lawyers are out of town, we go entirely remote. The main thing is to make sure everything runs smoothly, and I try to accommodate the lawyers’ preferences as much as possible.

With out-of-town clients, do you often have out-of-state lawyers coming into your courtroom for these cases?

Yes, it’s very common. I’d say that at least one-third to one-half of the cases involve pro hac vice attorneys from outside Indiana.

Do you recommend that out-of-state attorneys work with their local counsel?

Absolutely. Local counsel can make a big difference. They’re familiar with the local court systems, staff, and procedures. It helps smooth the process when out-of-state attorneys have a local partner who can guide them through the intricacies of the local practice.

Summary judgment motions are a large part of commercial cases. Do you handle them differently in the commercial court?

One of the best things about summary judgment motions in the commercial court is that we have clerks dedicated to this docket, unlike in regular civil court. This means we can take more time to write detailed, thoughtful orders. These orders are usually longer and provide more clarity, making them easier for clients to understand and follow.

Let’s do a quick speed round about your preferences! What’s your favorite font for legal documents?

It used to be Times New Roman, but lately, I’ve been warming up to Arial.

Arial? That’s a bold choice!

I know, right? It’s growing on me.

How about the length of briefs—do you prefer them longer or shorter?

Shorter, definitely shorter.

And presentations—do you prefer PowerPoint or no PowerPoint?

I love PowerPoint. It helps distill information and gives the court something to follow along with.

One last question—what advice would you give to young lawyers who want to practice in commercial court?

Find a mentor who practices in the commercial court and spend time learning from them. The best lawyers are the ones who really hone their skills and become experts in a specific area—whether that’s preliminary injunctions, insurance disputes, or something else. The more you specialize, the more invaluable you become.•

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Tracy Betz is a partner in Taft’s Litigation group and a member of the Indiana Supreme Court Commercial Courts Committee.