Indiana Jury Instruction - 5.1 Claim By Contractor Counterclaim By Owner
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Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.
What is a Rule 60(B) motion? Rule 60(B) is an equitable mechanism that allows a trial court to relieve a party from a judgment for eight different reasons. Rule 60(B) does not challenge the substantive legal merits of a judgment, only the procedural and equitable grounds justifying relief from that judgment.
Response or Objections - Served party must serve a written response within 30 days after service (or within the time as the court allows). Response must state that inspection will be permitted, unless objected to, in which event the reasons for objection must be stated.
(B) In civil actions, where a change may be taken from the judge, such change shall be granted upon the filing of an unverified application or motion without specifically stating the ground therefor by a party or his attorney. Provided, however, a party shall be entitled to only one [1] change from the judge.
In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial ...
A joint or mutual restraining order shall not be issued. If both parties allege injury, they shall do so by separate petitions. The trial court shall review each petition separately and grant or deny each petition on its individual merits.
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
Can obtain discoverable documents/things prepared in anticipation of litigation or for trial only upon a showing that party seeking discovery has substantial need to prep his case and is unable without undue hardship to obtain substantial equivalent by other means.