An Indiana Motion to Dismiss and Order (PDF)Opens a New Window. Is a legal document filed in a court of law to request the dismissal of a case. It is typically used by the defendant in a civil case to request that the court dismiss the case against them. The Motion to Dismiss and Order must include the defendant's legal arguments and evidence supporting their position. It should also include a proposed order that the court should sign if it agrees with the defendant's position. There are two main types of Indiana Motion to Dismiss and Order (PDF)Opens a New Window.: one for failure to state a claim, and one for summary judgment. The former is used when the plaintiff's complaint does not contain enough facts to establish a legal claim, and the latter is used when the defendant believes there is no genuine issue of material fact that can be resolved in their favor. If granted, the Motion to Dismiss and Order will effectively end the lawsuit.
Indiana Motion to Dismiss and Order (PDF)Opens a New Window.
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Indiana Criminal Rule 4 declares that one accused of a crime is to be released on his own recognizance if incarcerated without a trial for an aggregate period exceeding six months from the date he was charged or arrested.
moving party may file a surreply brief in two limited circumstances. It is permitted only when: (1) the moving party submits in its reply brief evidence not previously cited; or (2) the moving party objects in its Reply to the admissibility of evidence cited by the nonmovant.
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.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
Rule 57 - Petitions to Transfer and Briefs (A) Applicability. This Rule applies to Petitions to Transfer an appeal from the Court of Appeals to Supreme Court after an adverse decision by the Court of Appeals. (B) Decisions From Which Transfer May be Sought.
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.
Rule 55 - Default (A) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise comply with these rules and that fact is made to appear by affidavit or otherwise, the party may be defaulted by the court.
Trial Rule 11 of the Indiana Rules of Trial Procedure tracks Federal Rule 11 in stating that an attorney's signature on a pleading or motion "constitutes a certificate by him that he has read the pleadings; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is