Indiana Legal Process

Indiana has several types of courts. Each handles different kinds of cases. Knowing which court to use is your first step.

Trial Courts

• Circuit Courts handle serious criminal cases and major civil disputes
• Superior Courts deal with most civil and criminal matters
• City and Town Courts handle local ordinance violations
• Small Claims Courts resolve disputes under $8,000

Appeals Courts

• Court of Appeals reviews trial court decisions
• Indiana Supreme Court handles the most important cases

The Indiana legal process starts when someone files with the court. This creates an official case record. All court documents become part of the public record unless sealed by a judge.

When You Need Legal Help

Hiring an attorney is a good idea for complex legal matters. Lawyers understand court rules and procedures. They can protect your rights and present your case effectively.

Consider getting legal help when:

• Facing criminal charges
• Dealing with serious civil disputes
• Handling complex family law matters
• Managing business legal issues
• Appealing a court decision

Free legal assistance is available for low-income residents. Indiana Legal Services provides help in all 92 counties. Many bar associations offer lawyer referral services too.

Filing Court Documents

Most legal cases begin by filing papers with the court. This starts the formal Indiana legal process. You must follow specific rules about what to file and when.

Required Information Every court filing needs certain basic information:

• Names of all parties involved
• Court name and case number
• Clear statement of what you want
• Your signature and date
• Proper formatting according to court rules

Filing Fees Courts charge fees for most filings. A new civil case costs $157 to file. Adding sheriff service brings the total to $185. Some cases like expungements have no filing fee.

You can request a fee waiver if you cannot afford court costs. The court will review your income and expenses. Many people qualify for reduced or waived fees.

Where to File File your case in the right court and county. This depends on where you live, where the other party lives, or where the problem happened. Filing in the wrong place can delay your case.

Service of Process

After filing your case, you must officially notify other parties. This is called service of process. The Indiana legal process requires proper notice to be fair to everyone involved.

Methods of Service

• Personal delivery by sheriff or process server
• Certified mail with return receipt
• Publication in newspaper for unknown addresses
• Electronic service when allowed by court rules

The person serving papers must be over 18 and not a party to the case. They must complete an affidavit proving service was made properly.

Service Timeline Different types of cases have different deadlines for service. Generally, you must serve other parties within 60 days of filing. Extensions are possible but require court approval.

Court Procedures and Rules

Indiana courts follow specific procedures. These rules ensure fairness and consistency. Understanding basic procedures helps you navigate the system.

Discovery Process In civil cases, both sides can request information from each other. This includes:

• Documents and records
• Written questions (interrogatories)
• Depositions (sworn testimony)
• Expert witness reports

Discovery has deadlines. Courts can impose penalties for not responding on time or completely.

Motions and Hearings Parties can ask the court to make decisions during a case. These requests are called motions. Common motions include:

• Motion to dismiss
• Motion for summary judgment
• Motion to compel discovery
• Motion for continuance

Most motions require written briefs explaining your position. The court may hold a hearing to hear arguments from both sides.

Representing Yourself

You have the right to represent yourself in court. This is called appearing "pro se." While legal information is available, self-representation has challenges.

Preparing Your Case

• Research relevant laws and procedures
• Organize all documents and evidence
• Understand court deadlines and requirements
• Practice presenting your arguments clearly

Court Appearance Tips

• Dress professionally and arrive early
• Speak clearly and stick to facts
• Bring copies of all documents
• Listen carefully to the judge's questions

Remember that legal information is different from legal advice. Court staff can provide general information about procedures but cannot tell you what to do in your specific case.

Small Claims Court Process

Small claims court handles disputes under $8,000. The process is simpler than regular civil court. You don't need a lawyer, though you can hire one if you want.

Filing Requirements

• Complete notice of claim form
• Pay filing fee (usually under $100)
• Provide defendant's address for service
• Clearly state what happened and what you want

Hearing Process Small claims hearings are informal. Both sides tell their story to the judge. Bring any evidence that supports your case:

• Contracts or agreements
• Photos of damage
• Receipts and bills
• Witness testimony

Judges often encourage settlement before trial. This can save time and money for everyone involved.

Family Law Procedures

Family law cases follow special procedures. These include divorce, child custody, and support matters. The attorney client relationship is especially important in these sensitive cases.

Filing for Divorce

• File petition in county where you or spouse lives
• Serve papers on your spouse
• Wait for response or default judgment
• Complete financial disclosure forms
• Attend court hearings as scheduled

Child Custody and Support Courts focus on the best interests of children. Factors include:

• Each parent's relationship with the child
• Stability of home environments
• Financial ability to provide support
• History of domestic violence or abuse

Child support calculations follow state guidelines. The court considers both parents' incomes and custody arrangements.

Criminal Court Process

Criminal cases involve the state prosecuting someone for breaking the law. The process protects defendant rights while allowing prosecution of crimes.

Initial Appearance After arrest, defendants appear before a judge within 48 hours. The judge:

• Informs defendant of charges
• Explains constitutional rights
• Sets bail or release conditions
• Appoints counsel if needed

Plea Negotiations Most criminal cases resolve through plea agreements. Prosecutors and defense attorneys negotiate terms. Defendants must understand their rights before accepting any plea deal.

Trial Process If no plea agreement is reached, the case goes to trial. In jury trials, 12 citizens decide guilt or innocence. Bench trials have judges make this decision.

Appeals Process

You can appeal most court decisions to a higher court. Appeals focus on legal errors, not re-examining facts. The Indiana legal process includes several appeal levels.

Grounds for Appeal

• Judge made legal errors
• Jury instructions were wrong
• Evidence was improperly admitted or excluded
• Sentence was inappropriate

Appeal Timeline Most appeals must be filed within 30 days of the final judgment. Missing this deadline usually means losing your right to appeal.

Appeal Courts

• Indiana Court of Appeals handles most appeals
• Indiana Supreme Court reviews the most important cases
• Federal courts hear cases involving federal law or constitutional issues

Electronic Filing

Most Indiana courts now require electronic filing. This system, called Odyssey, allows online submission of documents 24 hours a day.

E-Filing Benefits

• Faster processing of documents
• Immediate confirmation of filing
• Reduced paper and copying costs
• Access to case information online

E-Filing Requirements

• Create account with state e-filing system
• Use approved document formats
• Pay filing fees electronically
• Serve other parties according to court rules

Getting Legal Information

Many resources provide legal information about the Indiana legal process. These help you understand procedures and requirements.

Official Sources

• Indiana Courts website (in.gov/courts)
• Indiana Legal Help (indianalegalhelp.org)
• Local court clerks
• Law libraries

Legal Assistance Programs

• Indiana Legal Services
• Pro bono programs
• Law school clinics
• Bar association referral services

Understanding the difference between legal information and legal advice is important. Legal information explains how the system works. Legal advice applies the law to your specific situation.

Court Costs and Fees

Court proceedings involve various costs. Understanding these helps you budget for legal matters.

Payment Options

• Cash or check at clerk's office
• Credit card (with processing fee)
• Money order
• Electronic payment for e-filing

Fee Waivers Low-income individuals may qualify for fee waivers. Each court has different income guidelines. Applications require financial disclosure.

The Indiana legal process follows established rules and procedures. Whether you hire an attorney or represent yourself, understanding these basics helps you navigate the system effectively. Take time to research your specific situation and consider getting professional help for complex matters.

Remember that legal issues can have serious consequences. When in doubt, consult with a qualified attorney who can provide advice tailored to your circumstances.