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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe Indiana Supreme Court on Friday made numerous changes to the Rules of Procedure for Original Actions Writs of Mandate and Prohibition. The amended rules will take effect at the start of next year.
Under Rule 1(A), the high court removed and replaced language to state that “The Supreme Court has exclusive, original jurisdiction to supervise the exercise of jurisdiction by other courts of the State of Indiana by virtue of Indiana Constitution, Article 7, Section 4, and Ind. Appellate Rule 4(B)(3).”
The amendment likewise removed further references in Rule 1 to “inferior courts,” replacing it with language about “other Indiana” state courts. Also under Rule 1, the amendment raises a section that says original actions are viewed with disfavor.
Next, Rule 2 was amended with a different title, replacing “Applications for Writs” with “Submission and Service.” Sections under Rule 2 were also amended to reflect the change, including removing references to the Indiana Supreme Court Administrator with “Supreme Court Services.” The changes also include the addition of Rule 2(B)(2) concerning electronic submissions and Section (D), concerning the “Service of Application Papers”.
Changes made to Rule 3 include, among other things, the addition of language stating requirements for the length and word count of a brief, new language about the original action record, and removing several sections dealing with notice of hearings, number of copies and production.
Rules 4 and 5 both took a name change by replacing “Applications” with “Petitions.” Regarding the scheduling of a hearing, Rule 4(A) replaced former language with the following: “The Supreme Court may set a petition or emergency writ petition for hearing.”
The amendments likewise changed Rule 4 Section (C) to the title “Procedure for Hearings” and replaced the “30 minutes allotted” with simply “time allotted.”
Lastly, Rule 6, regarding paper records, was struck.
The amendments will take effect on Jan. 1, 2021, the Oct. 30 order says.
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