Trial Rules

Question 1

Acts that will give rise to personal jurisdiction in Indiana

Answer 1

TR4.4
1) doing business in the state
2) causing personal injury or property damage by acts or omissions done in Indiana
3) causing personal injury or property damage from act or omissions outside Indiana if: D regularly does or solicits busyness in Indiana or derives substantial revenue or benefit from goods used, consumed, or rendered in Indiana
4) “having supplied or contracted to supply services rendered” in Indiana
5) owning, using, or possessing real estate in Indiana
6) contracting to act as surety or insurance for person, property, or risk that was in Indiana when contract was made
7) living in marital relationship within Indiana, even if spouse later leaves
8) abusing, harassing, disturbing the peace, violating a restraining order protecting person in the state.
Also, any other basis up to limits of federal Constitution

Question 2

Summons: service on individuals

Answer 2

1) by registered or certified mail, or other public means (with return receipt) to residence or place of business or employment
2) personally (by sheriff)
3) leaving copy at usual dwelling place or place of abode (followed by copy of summons sent to last known address)
4) serving D’s agent as provided by statute, rule, or valid agreement (then followed up by copy sent to last known address)

Question 3

Service of pleadings and other papers

Answer 3

Required for:

1) every order required by its terms to be served
2) every pleading subsequent to the original complaint
3) every written motion except one which may be heard ex part
4) every brief submitted to the trial court including trial briefs;
5) every paper relating to discovery required to be served upon a party; and
6) every written notice, appearance, demand, offer of judgment, designation of record on appeal, or similar paper

Question 4

Steps for Appeal

Answer 4

Carl Never Caught Baseballs On Road Trips
Consider T.R.59 motion - 30 days
Notice of appeal - 30 days
Clerk's Record - 30 days
Briefs - 30 days (30 appellant, 30 appellee, 15 reply)
Oral argument - 7 days
Rehearing - 30 days
Transfer - 30 days