The Indiana Pre-Trial Settlement Agreement (PDF) is a document used by the State of Indiana to settle a criminal case before it goes to trial. It is an agreement between the prosecution and the accused, outlining the terms of a plea bargain. The agreement is designed to avoid the time and expense of a trial and the potential for a harsher sentence. The agreement is divided into three distinct parts: the plea agreement, the plea agreement hearing, and the sentencing hearing. In the plea agreement, the accused and the prosecution agree on the charge and the sentence, and the accused agrees to enter a plea of guilty or no contest. At the plea agreement hearing, the accused’s attorney and the prosecutor present the plea agreement to the court for approval. Finally, at the sentencing hearing, the judge considers the plea agreement and decides the appropriate sentence. There are two types of Indiana Pre-Trial Settlement Agreement (PDF): the Standard Agreement and the Non-Standard Agreement. The Standard Agreement is the most common and contains the standard terms of a plea bargain. The Non-Standard Agreement is used for more complex cases, and may include more specific terms.
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On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
A judge who is unable to attend and preside at his court for any cause may appoint in writing a judge pro tempore to conduct the business of this court during his absence. The written appointment shall be entered in the records of the court.
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome.
Unless otherwise directed by the court, payment of money owing under and following a judgment may be made to the judgment creditor or his attorney, to the sheriff holding a writ of execution, or to the clerk of the court where the judgment is rendered.
(C) Appeal Change of venue. A ruling or order of the court denying or granting relief, in whole or in part, by motion under subdivision (B) of this rule shall be deemed a final judgment, and an appeal may be taken therefrom as in the case of a judgment.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
Rule 69 - Execution, proceedings supplemental to execution, foreclosure sales (A)Execution sales. Process to enforce a judgment or a decree for the payment of money shall be by writ of execution, unless the court directs otherwise and except as provided herein.
If a counterclaim or cross-claim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim or cross-claim can remain pending for independent adjudication by the court.