In re Admin. Rule 17 Emergency Relief for Ind. Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19)

• Decision Date: 23 March 2020
• Docket Number: Supreme Court Case No. 20S-CB-123
• Citation: 141 N.E.3d 389 (Mem)
• Parties: In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19).
• Court: Indiana Supreme Court

141 N.E.3d 389 (Mem)

In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19).

Supreme Court Case No. 20S-CB-123

Supreme Court of Indiana.

FILED March 23, 2020.

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

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