Summary
providing that, effective March 23, 2020 through April 6, 2020, the Indiana Supreme Court authorized the tolling of Criminal Rule 4 time limits in all Indiana trial courts
Summary of this case from Owens v. StateOpinion
Supreme Court Case No. 20S-CB-123
03-23-2020
In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19).
Order
On March 6, 2020, Governor Holcomb in Executive Order 20-02 declared a public health emergency in Indiana relating to the 2019 novel coronavirus (COVID-19); and on March 13, President Trump declared a national emergency relating to the virus.
Consistent with the exigencies of this developing emergency, Governor Holcomb today issued Executive Order 20-08 implementing significant new statewide restrictions on travel and business operations, and Executive Order 20-09 closing State government offices, including the Indiana Statehouse and Government Center campuses, to the general public. This emergency will impede litigants’ and courts’ ability to comply with statutory deadlines and rules of procedure.
Being duly advised, the Court on its own motion DECLARES that an emergency exists in the Indiana Supreme Court and Clerk of Courts and ORDERS as follows to ensure the orderly and fair administration of justice during this emergency, effective immediately and through April 6, 2020 or further order of the Court:
1. The Court hereby tolls all laws, rules, and procedures setting time limits for appellate filings through April 6, 2020 , including but not limited to Notices of Appeal, Ind. Appellate Rule 9(A)(1) ; assembly of Clerk’s Record and filing of Transcript, App. Rs. 10–11; copying the Clerk’s Record, App. R. 12(A) ; interlocutory appeals, App. R. 14 ; expedited appeals for payment of placement and/or services, App. R. 14.1 ; all briefs, appendices, petitions for rehearing, petitions to transfer, and petitions for review of Tax Court decisions, App. Rs. 45(B), 49(A), 54, 57, & 63; and motions to tax costs, App. R. 67.
2. The Court suspends Appellate Rule 23(A)(1), regarding filing by personal delivery to the Clerk or the "rotunda filing drop box." E-filing remains available pursuant to Appellate Rule 68 ; and documents exempted from e-filing shall be filed by United States Mail or third-party commercial carrier pursuant to Appellate Rules 23(A)(2)–(3) unless otherwise ordered by the Court. Parties who cannot e-file and have an emergency appellate matter may contact Supreme Court Services at (317) 233-8697 or scs@courts.in.gov to request special accommodation.
3. To the extent not already provided by an order granting emergency relief under Administrative Rule 17 to a particular court, the Court hereby tolls all laws, rules, and procedures setting time limits for speedy trials in criminal and juvenile proceedings, public health, mental health, and appellate matters ; all judgments, support, and other orders; statutes of limitations; and in all other civil and criminal matters before the Indiana Tax Court and all circuit, superior, and city/town courts ("trial courts") of the State of Indiana. Further, no interest shall be due or charged during this tolled period. Nothing in this paragraph, however, prohibits any trial court from proceeding with any matter it deems in its discretion to be essential or urgent.
4. For inquiries regarding Tax Court and appellate matters only , the Clerk of Courts remains available by phone at (317) 232-1930. Inquiries regarding matters pending in trial courts must be directed to those courts’ clerks and cannot be answered by the Clerk of Courts.
In all other respects not inconsistent with this order, this Court’s March 16 order in this matter, and all other orders granting emergency relief to trial courts under Administrative Rule 17, remain in full force and effect.