Indiana Trial Rules: Filing, Discovery, Trial, and Appeal

The Indiana Trial Rules, formally the Indiana Rules of Trial Procedure, govern every civil case filed in the state’s circuit, superior, and probate courts. They set the deadlines for filing, the format of pleadings, how a defendant must be served, what discovery each side can demand, how trials are conducted, and how judgments can be challenged on appeal. Rule 1 states that they apply “in all courts of the state of Indiana in all suits of a civil nature,” whether the claim sounds in law, equity, or statute.¹ Miss a step or a date and a case can end before a judge ever hears the merits.

How Long You Have To File

The first question in any civil matter is whether the clock has already run. Indiana’s statutes of limitations are strict, and the defendant can raise an untimely filing as an affirmative defense under Trial Rule 8(C). Once a defense of limitations is raised, the plaintiff bears the burden of showing the claim was filed in time.

Personal injury, wrongful death, product liability, and medical malpractice: two years from the injury or death. A child under six in a medical malpractice case has until their eighth birthday.
Oral contracts and unwritten agreements: six years from the date the claim arose.²
Sale-of-goods contracts: four years from the breach, which the parties may shorten by agreement to as little as one year.³
Property damage and fraud: six years.²

Indiana also applies a discovery rule. The limitations period begins when the injured party knows or reasonably should know about the injury, which can delay the start in cases involving latent harm such as hidden construction defects or undisclosed medical errors.

Starting the Lawsuit

A civil case begins when the plaintiff files a complaint, pays the filing fee, and supplies enough copies of the complaint and summons for service on each defendant. Trial Rule 3 is explicit: without the fee, the action does not commence.⁴ A plaintiff who cannot afford the fee may petition for a waiver.

The pleading itself does not need to be elaborate. Trial Rule 8(A) requires only a short and plain statement showing the plaintiff is entitled to relief, plus a demand for the relief sought. In personal injury, wrongful death, and punitive damages cases, the complaint may not state a specific dollar amount; it identifies the type of relief, not the number.

As of July 2025, the total civil filing fee in Indiana is $157. If the sheriff serves the defendant, add $28 for a total of $185, with another $10 for each additional defendant. Civil tort and plenary actions also carry a $75 jury fee.⁵

Serving the Defendant

Filing does not finish the job. The defendant must be formally notified through service of process under Trial Rule 4. If the plaintiff or attorney does not specify a method on the summons, the clerk defaults to service by mail.⁶ For individual defendants, Trial Rule 4.1 recognizes four methods:

Certified or registered mail to the person’s home, workplace, or business, with return receipt showing delivery.
Personal delivery of the summons and complaint to the individual.
Leaving a copy at the person’s home or usual residence, followed by a first-class mailing.
Service on an agent authorized by rule, statute, or a valid agreement.⁷

If mail service fails and no address can be found, the papers go to the sheriff for personal service. When no other method works, the court may authorize service by publication under Rule 4(E), though published service limits the kinds of judgments the court can enter.

The Defendant’s Response

Once served, the defendant has twenty days under Trial Rule 12 to file an answer or raise certain defenses by motion.⁸ The twenty-day clock runs from the date of service. Indiana’s rule is shorter than the federal twenty-one-day period, so lawyers used to federal practice should recalibrate.

The defenses that can be raised by pre-answer motion include lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process or service, failure to state a claim, failure to join a necessary party, and the same action already pending in another Indiana court. Several of these are waived if not raised promptly.⁸ When the defendant does answer, Trial Rule 8 requires an admission or denial of each allegation, and any affirmative defense (statute of limitations, res judicata, fraud, estoppel) must be specifically pleaded or it is lost.

If the defendant ignores the case entirely, the plaintiff can move for default judgment under Trial Rule 55. The plaintiff must show by affidavit or other proof that service was proper and the defendant failed to respond. A defendant who previously appeared in the action must receive at least three days’ written notice before default is entered.⁹ Default cannot be entered against minors, legally incompetent persons, or servicemembers protected by the federal Servicemembers Civil Relief Act without an appointed representative.

Discovery

Trial Rules 26 through 37 govern how the parties gather evidence before trial. The scope is broad: discovery reaches any relevant, non-privileged matter, even information that would not itself be admissible at trial, as long as it is reasonably likely to lead to admissible evidence.

The core tools are depositions, written interrogatories, requests for production of documents and tangible things, and requests for admissions. Rule 26 also builds in proportionality. Courts may limit discovery that is unreasonably cumulative, available from a less burdensome source, or disproportionate to the stakes of the case.

Rule 37 enforces the system. If a party refuses to cooperate, the other side can move to compel, and a successful motion typically shifts reasonable expenses and attorney’s fees onto the non-complying party. Sanctions escalate from there, up to striking pleadings, barring evidence, or entering default judgment against a party who repeatedly obstructs discovery.¹⁰

Pretrial Conferences

Trial Rule 16 lets the court call a pretrial conference on its own and requires one whenever any party files a motion for it. The conference narrows the issues, exchanges witness lists, sets discovery deadlines, and considers alternative dispute resolution.¹¹ At least one attorney who will actually try the case must appear for each side.

Before the conference, counsel must meet, mark the exhibits they intend to offer, prepare written stipulations on authenticity and admissibility, and agree on undisputed facts. The clerk gives at least thirty days’ notice unless the court directs otherwise. The pretrial order that follows binds the parties to their stipulations and sets the trial timeline; issues left out of the order are difficult to raise later.

Summary Judgment

Trial Rule 56 lets either side ask the court to decide the case, or specific issues within it, without a trial. The standard is whether the designated evidence shows no genuine dispute as to any material fact and whether the moving party is entitled to judgment as a matter of law.¹²

A plaintiff may move for summary judgment twenty days after filing the complaint. A defendant may move at any time. The opposing party has thirty days after service of the motion to file a response and designate opposing evidence, and must specifically identify each disputed material fact along with the evidence supporting the dispute. One safeguard matters: the court cannot grant the motion by default simply because the other side fails to respond. The moving party still has to show the absence of a genuine issue. Summary judgment can also be partial, resolving some claims or liability only, with damages left for trial.

Alternative Dispute Resolution

Indiana’s ADR rules apply to all civil and domestic relations cases and encourage resolution outside the courtroom. Trial Rule 16 lists “the desirability of using one or more types of alternative dispute resolution” as a conference topic, so courts expect parties to at least consider mediation before trial.¹¹ Courts can refer cases to ADR, and parties who believe their case is unsuitable may object through the ADR rules’ objection process.

At Trial

Jury selection comes first. Indiana Code 34-36-3-3 gives each party three peremptory challenges to strike prospective jurors without stating a reason. If alternates are seated, parties get one or two additional challenges that may only be used against the alternates.¹³ Opening statements follow, the plaintiff first, then the defendant. Those statements are not evidence.

Evidence is presented through witness testimony and exhibits governed by the Indiana Rules of Evidence. Rule 611(b) confines cross-examination to the subject matter of direct examination and to credibility, though the court may permit broader questioning.¹⁴ Hearsay—an out-of-court statement offered to prove the truth of what it asserts—is generally inadmissible unless a specific exception applies.¹⁵

Trial Rule 45 governs subpoenas. They may be issued by the clerk or by any attorney admitted in Indiana, and served by the sheriff, a party, or any other person. Ignoring a subpoena without a valid excuse can bring a contempt finding.¹⁶

If the evidence on an issue cannot support a reasonable verdict, Trial Rule 50 lets the court withdraw that issue from the jury and enter judgment on it directly.¹⁷ This is the check against verdicts built on speculation.

After the Verdict: Motions, Appeals, and Stays

The losing party’s first move is often a motion to correct error under Trial Rule 59. It asks the trial court to fix problems such as flawed jury instructions, newly discovered evidence, or a verdict unsupported by the evidence. The motion also affects appeal timing: under Indiana Appellate Rule 9, if a timely motion to correct error is filed, the thirty-day appeal clock does not start until the trial court rules on the motion or the motion is deemed denied.¹⁸

To appeal a final judgment, the party must file a Notice of Appeal within thirty days of the judgment being noted on the court’s Chronological Case Summary.¹⁸ Missing that deadline forfeits the right to appeal in all but limited circumstances. Indiana’s appellate courts review how the law was applied to the record; they do not re-weigh evidence or reassess witness credibility.

Filing a notice of appeal does not stop the winning party from collecting. To pause enforcement during the appeal, the losing party must post an appeal bond, an irrevocable letter of credit, or other court-approved security. For money judgments, the security must cover the full unsatisfied amount plus costs, interest, and potential damages for delay. Government entities and court-appointed representatives such as estate administrators, guardians, and receivers are exempt; their appeals automatically stay enforcement without security.¹⁹ If the trial court denies a stay, the appellate court can reconsider the request at any point in the appeal.

1
Indiana Rules of Court. Indiana Trial Rules – Rule 1. Scope of the Rules
2
Indiana General Assembly. Indiana Code Title 34 Article 11 Chapter 2 Section 34-11-2-7 – Six Year Limitation
3
Indiana General Assembly. Indiana Code Title 26 Commercial Law 26-1-2-725
4
Indiana Rules of Court. Indiana Trial Rules – Rule 3. Commencement of an Action
5
Indiana Judicial Branch. 2025 Court Costs and Fees by Case Type
6
Indiana Rules of Court. Indiana Trial Rules – Rule 4. Process
7
Indiana Rules of Court. Indiana Trial Rules – Rule 4.1. Summons: Service on Individuals
8
Indiana Rules of Court. Indiana Trial Rules – Rule 12. Defenses and Objections
9
Indiana Rules of Court. Indiana Trial Rules – Rule 55. Default
10
Indiana Rules of Court. Indiana Trial Rules – Rule 37. Failure to Make or Cooperate in Discovery: Sanctions
11
Indiana Rules of Court. Indiana Trial Rules – Rule 16. Pre-Trial Procedure: Formulating Issues
12
Indiana Rules of Court. Indiana Trial Rules – Rule 56. Summary Judgment
13
Indiana General Assembly. Indiana Code 34-36-3-3 – Civil Law and Procedure
14
Indiana Judicial Branch. Indiana Rules of Evidence – Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
15
Indiana Judicial Branch. Indiana Rules of Evidence – Rule 802. The Rule Against Hearsay
16
Indiana Rules of Court. Indiana Trial Rules – Rule 45. Subpoena
17
Indiana Judicial Branch. Indiana Trial Rules – Rule 50
18
Indiana Judicial Branch. Indiana Appellate Rules – Rule 9. Initiation of the Appeal
19
Indiana Judicial Branch. Indiana Rules of Trial Procedure – Rule 62. Stay of Proceedings to Enforce a Judgment