Indiana Hearings — Preparation and Conduct

Indiana Hearings — Preparation and Conduct

This skill covers everything that happens between motion filing and the judge's ruling: oral argument, evidentiary hearings, status conferences, pretrial conferences, and bench trials. It applies to in-person hearings at the venue courthouse and remote hearings conducted via Cisco Webex under Indiana Administrative Rule 14.

NOT LEGAL ADVICE. Generated content is a drafting aid; verify the specific courtroom's procedure and the assigned judge's hearing preferences before appearing.

When does a hearing get set?

Indiana motion practice under T.R. 7 does NOT automatically set oral argument. Most civil motions are decided on the briefs without oral argument unless the court orders argument or a party requests it under T.R. 73(C). The court considers requests for oral argument on a case-by-case basis; complex motions (summary judgment under T.R. 56, preliminary injunctions under T.R. 65) are more likely to be heard than simple motions.

To request oral argument:

1. State the request in the motion itself: "Defendant respectfully requests oral argument on this motion pursuant to Trial Rule 73(C)."
2. File a Notice of Setting once the court grants argument; the court typically issues the Notice of Setting itself.

For evidentiary hearings (preliminary injunctions, protective orders, contempt hearings), the court will set the hearing automatically when the motion is granted in part as a request to hear evidence.

Webex remote hearings — Indiana Administrative Rule 14

In 2020, Indiana adopted Administrative Rule 14 authorizing remote hearings via the statewide Cisco Webex system. The rule was renewed in 2022 with permanent authorization. Highlights:

• Every Indiana trial court has a dedicated Webex room with a permanent URL on the court's website.
• The judge decides whether to set a hearing in person, by telephone, or by Webex. Routine status conferences are usually Webex; evidentiary hearings are usually in person.
• A party may move for in-person setting on a showing of good cause (e.g., need for live testimony assessment).
• Indiana Admin. R. 14 sets technical requirements: camera + mic required; participants must remain visible and audible.

Typical Marion Civil Division Webex protocol:

1. Click the Webex link on the courtroom's webpage 10 min before
2. Enter your name as: "[Last Name], [First Name] — [role]"
   Example: "Doe, Jane — Defendant Pro Se"
3. Mute by default; unmute only when the judge addresses you
4. Camera ON unless the judge instructs otherwise
5. Wait until called by the bailiff
6. Stand (if able) when speaking to the judge — same as in-person
7. Remain on the call until dismissed

Oral argument structure (motion hearing)

For a motion heard with oral argument, the typical sequence:

1. Bailiff calls the case
2. Counsel / pro se parties announce appearance ("Jane Doe, pro se, for the defendant")
3. Movant presents argument (5-10 min typical for civil motions)
4. Non-movant responds
5. Movant rebuts (brief)
6. Judge questions both sides
7. Ruling — either oral ruling from the bench or "Under advisement; written order to follow"

Marion Civil Division judges typically allocate 10-15 minutes per side for non-evidentiary motion hearings; complex motions may get 20-30 minutes. Always check with the courtroom's bailiff for time limits.

Evidentiary hearing — full procedure

For motions that require evidence (preliminary injunction, T.R. 65; contempt, T.R. 70(B); protective order; etc.), the hearing proceeds like a mini-trial:

1. Opening statements (brief)
2. Movant's evidence — testimony of witnesses, exhibits
3. Cross-examination
4. Non-movant's evidence
5. Cross-examination
6. Rebuttal
7. Closing arguments
8. Judge's ruling

Indiana Rules of Evidence apply in full to evidentiary hearings. The court reporter records testimony. Exhibits are pre-marked (Exhibit A, B, C ...) and offered into evidence as introduced.

Exhibit handling:

• Pre-mark every exhibit before the hearing
• Bring 3 copies: one for the witness, one for the judge, one for opposing party (or counsel)
• Hand the exhibit to the bailiff first; the bailiff hands to the witness
• Lay foundation under IRE 901 (authentication) before offering
• Offer formally: "Defendant offers Exhibit B into evidence."
• The court will rule on the offer ("Admitted" or "Sustained" if objection is sustained)

Courtroom etiquette

Pro se conduct expectations

Pro se litigants are held to the same procedural standards as attorneys (Goossens v. Goossens, 829 N.E.2d 36 (Ind. Ct. App. 2005)) — but judges typically give pro se parties some latitude in:

• Explaining procedural posture (the judge may summarize what's happening before ruling)
• Stating arguments clearly (the judge may rephrase a confused argument)
• Lodging objections (the judge may not strictly enforce evidentiary objections raised by a pro se opponent)

That latitude does not extend to:

• Missing deadlines (filing late = denied)
• Sworn-fact misrepresentations (perjury under IC 35-44.1-2-1)
• Disrespect or threats toward court staff or opposing party (contempt under IC 34-47)
• Failure to comply with prior orders

Hearing-day checklist (printable)

• [ ] Hearing notice / Order Setting Hearing (printout or PDF on phone)
• [ ] Cause number written down
• [ ] All filed papers (working copy)
• [ ] All exhibits in 3 copies, pre-marked
• [ ] Witness list if calling witnesses
• [ ] Subpoenas if non-party witnesses, with proof of service
• [ ] Photo ID
• [ ] Filing fee receipt (or fee waiver order)
• [ ] Webex link (for remote) and test of camera + mic 1 hour before
• [ ] Backup phone number for Webex dial-in if video fails
• [ ] Plan to arrive 20 min early (security line at courthouse)
• [ ] Outline of argument with statute / rule citations

Continuances — Trial Rule 53.5

T.R. 53.5 governs continuances of court settings:

• Written motion required
• Filed not less than 7 days before the hearing if foreseeable
• Service on all parties
• Marion LR49-TR53.5 prohibits oral motions for continuance — must be in writing

A motion to continue cites:

• The current setting date
• The grounds for continuance (illness, scheduling conflict, pending discovery, etc.)
• An affidavit if facts outside the record are relied upon
• Proposed new setting date(s)
• Statement of whether opposing party agrees or opposes

Composition

• in-statewide-format for T.R. 5(E) / T.R. 10 baseline (any filed papers, e.g., a motion to continue)
• in-marion / in-lake / in-county-courts for courtroom- specific protocols
• in-pro-se for self-represented conduct expectations
• in-schedule-hearing for hearing setting
• in-deadlines for the 7-day continuance window

References

• references/webex-protocol.md — statewide remote-hearing guidance under Ind. Admin. R. 14
• references/hearing-day-checklist.md — printable checklist
• references/oral-argument-script.md — pro se motion-hearing script template
• references/evidentiary-hearing.md — IRE 901 foundation scripts

NOT LEGAL ADVICE. Generated content is a drafting aid; verify against current rules and case law before filing.