Upcoming Change to Admin Rule on Indiana Remote Proceedings

The Supreme Court of Indiana has proposed a change that will likely take effect on January 1, 2023 to Indiana Administrative Rule 14, which governs when a court can hold remote proceedings or allow a witness to testify remotely. Before the pandemic, Administrative Rule 14 was a lengthy and sometimes confusing rule.

But the proposed change is very clear and simple. First, the proposed change separates non-testimonial proceedings from testimonial proceedings. What is the difference? If the court takes any sworn testimony during the proceeding, it is a testimonial proceeding.

For non-testimonial proceedings, a court may conduct the proceeding remotely, either on a party’s request or on the court’s own motion. These proceedings would include status hearings, review hearings, attorneys-only conferences, etc.

For testimonial proceedings, the proposed rule requires the court to hold the proceedings in person, unless either the parties agree to the proceeding being handled remotely, or good cause is shown to hold the proceeding remotely.

Today, the Supreme Court of Indiana handed down a decision giving practitioners more guidance on what “good cause” requires. The Court held that a generalized finding of good cause is not sufficient. Instead, good cause requires “particularized and specific factual support.”

Finally, any time a remote proceeding is held, the court must provide parties with the opportunity for confidential communication with their lawyers during the proceeding.

For a small firm practitioner like me that practices in several counties, I certainly welcome this change. Traveling out-of-county just to attend a status hearing can take a full day. So being able to attend remotely is ideal. It is a huge timesaver.