Marion Superior Court D11 Civil Division
A. Richard M. Blaiklock, Presiding Judge
Contact Information
Phone: 317-327-3260
Email: MCOURTS-D11@indy.gov
Mailing Address: 675 Justice Way, Indianapolis, Indiana, 46203
Personnel
A. Richard M. Blaiklock, Judge
Andrew J. Borland, Magistrate
Traci Watson, Chief Bailiff
Ryan Piraccini, Bailiff
Megan Wright, Court Reporter
Courtroom Practices and Procedures
1. The Court appreciates civility and professionalism at all times.
2. The Court is interested in moving cases along and will take an active role getting cases to disposition in a reasonable timeframe. Each case should have a trial date assigned to it that the parties should consider to be a firm setting. Deadlines are deadlines and help move the Court’s docket along and get cases to disposition efficiently. If a case has been on the Court’s docket for a long time, the parties should not assume that the Court will grant a motion to continue a trial date or extend a deadline that will result in a trial date being continued. There are often good reasons to grant such continuances, but prolonged lack of activity on the part of counsel is generally not considered to be one of them.
3. The Court is participating in the Supreme Court’s Civil Case Management Pathways Pilot Project. Information regarding that project can be found here: https://www.in.gov/courts/pathways/. Sixty-to-ninety days after a car accident or premises liability case has been filed, the Court will automatically issue trial dates and a final pre-trial date. If those dates conflict with other dates on counsel(s) calendars, the parties are welcome to promptly seek a different date(s) by filing a motion with the Court. The CMO Form the court will use can be found here: https://www.indycourts.org/s/Long-Form-CMO-1-26-26.doc. For other cases that are designated as “complex,” the Court will set those for a remote attorneys conference, before which the parties are ordered to submit proposed CMO/Protective Order/ESI protocol prior to the attorneys conference. The Court will set a firm trial date and final pre-trial conference at that conference. The CMO template for that type of case can be found here: https://www.indycourts.org/s/Long-Form-CMO-1-26-26.doc. ESI protocol forms can be found here: DISCOVERY PROTOCOL WITH ESI and DISCOVERY PROTOCOL WITHOUT ESI
For collection cases that are designated as part of the “streamlined pathway,” the Court will set a firm trial date nine (9) months after filing of the case. There is no need for parties to file any case management orders, in lieu of which the Court will send out this Notice Issued: Trial date is a FIRM trial setting; it will not be continued absent good cause. Failure to provide proof of service of a summons by the trial date will result in judgment being entered against Plaintiff. Witness (with contact information) and exhibit (detailing specific documents, not categories) lists are to be filed (and documents provided to opposing party) no later than two weeks prior to the trial date. If a party fails to file those lists and exchange the documents by that date, that party will be prohibited from offering any exhibits or presenting any witnesses. Plaintiff is ordered to promptly provide Defendant with: (1) notice of the trial date; and (2) notice of the witness and exhibit deadline as set forth above ; and (3) to promptly file proof thereof with the Court. The notice must state in ALLCAPS: EVEN THOUGH THE COURT HAS SET A TRIAL DATE, YOU MUST STILL TIMELY FILE WITH THE COURT A WRITTEN ANSWER TO THE COMLAINT OR OTHERWISE TIMELY FILE A RESPONSE IN WRITING TO THE COMPLAINT WITHIN TWENTY (20) DAYS, COMMENCING THE DAY AFTER YOU RECEIVED A SUMMONS (OR TWENTY THREE (23) DAYS IF THE SUMMONS WAS RECEIVED BY MAIL), OR A JUDGMENT BY DEFAULT MAY BE RENDERED AGAINST YOU FOR THE RELIEF DEMANDED BY PLAINTIFF. IF YOU HAVE A CLAIM FOR RELIEF AGAINST THE PLAINTIFF ARISING FROM THE SAME TRANSACTION OR OCCURRENCE, YOU MUST ASSERT IT IN YOUR WRITTEN ANSWER. IF YOU NEED THE NAME OF AN ATTORNEY YOU MAY CONTACT THE INDIANAPOLIS BAR ASSOCIATION LAWYER REFERRAL SERVICE (317-269-2222) OR THE MARION COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE (317-634-3950). Any pre-trial or dispositive motions are to be filed sufficiently in advance of the trial date to allow the opposing party to file responses within the timeframes permitted by the Indiana Trial Rules, and for the Court to have time to rule on any such motions
4. The Court’s standard case management order and protective order can be found here: https://www.indycourts.org/s/Long-Form-CMO-1-26-26.doc
5. We want to be responsive to the needs of litigants. If you have any questions of the Court, the best way to get an answer to non-emergency inquiries (we strive to respond within 24 hours) is to email the Court at mcourts-d11@indy.gov. Any questions regarding hearing transcripts should be directed to Court Reporter Megan Wright at megan.wright@indy.gov. For any time-sensitive inquiries, email court staff with a note in the subject line that the issue is time sensitive, and call the Court’s phone number.
6. Junior Lawyers: The Court encourages the parties to have junior lawyers argue motions and/or handle witnesses/trials. If a party wants a motion set for in-person or remote hearing so that a junior lawyer can argue it, they can request that of the Court in writing. The Court recognizes that senior lawyers may be reluctant to “let loose” their junior lawyer, in case that lawyer does not say it exactly as the senior lawyer wants and/or says something “wrong” or “harmful” to the case. The Court recognizes these concerns, and advises the senior lawyers reading this that they can—without prejudice—have the “last word” for their “side” to clean up any such statements.
7 For CC cases that are in the Streamline Pathway, this schedule reflects the trial date that will be assigned depending on when a new case is filed.
Motions
1. If the motion is unopposed, note that in the title of the motion (e.g., “Unopposed Motion for Enlargement of Time”).
2. If the motion is time-sensitive, note that in the title of the motion (e.g., “Emergency Motion to Quash”). You should also email the motion to Court staff at mcourts-d11@indy.gov with it tagged “high importance” or with “time sensitive” or similar notation in the subject line. Calling the Court (317-327-3260) to let staff know emergency filing has been made is also encouraged.
3. If you file something the day before or the day of a hearing, email the pleadings/filings to the Court (to both mcourts-d11@indy.gov and megan.wright@indy.gov) with “time sensitive” notation in the subject line of the email and tag it “high important” so it arrives in red. Otherwise, the Court is unlikely to receive the filing because of how the filings make their way to the Court.
4. The Court values civility and professionalism. Avoid language in your motions/filings that is inconsistent with those values. Being a lawyer is hard enough without pot shots, invectives, or ad hominem attacks.
5. Be efficient and to the point. The Court will read your pleadings before any hearing. The Court appreciates pleadings that get “to the point.”
6. Provide proposed orders for all routine motions. Whether the Court requests a proposed order on substantive motions will be addressed at the hearing on the motion.
7. Hearings (in person and remote):
(a) Be on time. The Court waits five (5) minutes after the start of a hearing to see if a no-show party will appear. If a party/counsel have not appeared after five minutes, the Court will proceed on the merits.
(b) If you are an attorney, the Court appreciates that you will wear professional attire on a remote hearing if witnesses or parties appear. For in-person hearings the Court appreciates professional attire regardless of whether a party or witness is set to appear.
8. The Court does not appreciate a party showing up to a hearing and presenting new legal authority or new facts that have not been previously shared/disclosed with the opposing party/parties. If that happens, the Court may continue the hearing; strike or refuse to consider the facts/legal authority; or, at a minimum, give the opposing party leave to file additional facts/authorities after the hearing.
Discovery
1. Written Discovery: The Court will disregard boilerplate objections and the parties should not use them. The Court has little tolerance for wasteful and obstructionist discovery conduct. With that in mind, if there are discovery disputes: (a) the parties must have a phone call/Webex/in person meeting to discuss the issues before any party seeks relief from the Court (the exception being a party who ignores requests for such a call/Webex/meeting or in genuinely time-sensitive situations); (b) if after conducting the call/Webex/meeting the parties cannot resolve the issue, they are to reach out to Court staff to request a Webex/remote hearing to discuss the issue before filing a motion to compel/motion to quash (genuine emergency situations excepted). The Court will promptly set a remote hearing to see if the issue can be resolved without further briefing.
2. Depositions: The Court will do its best to make itself immediately available for issues that arise during depositions. If that happens—and the Court’s expectation is that disputes that require immediate court involvement are few and far between—the parties are to call the Court (317-327-3260) to ask for a prompt call with the Court.
Trial
1. Proposed exhibits must be filed five (5) days before trial. Counsel shall contact the Court Reporter to discuss marking exhibits and any other questions regarding the procedures during trial. Megan Wright can be reached at megan.wright@indy.gov. Each exhibit is to be individually e-filed.
2. Be prepared to ask technology questions at the final pre-trial.
3. Jury selection: The amount of time each counsel has for voir dire will be established at the final pre-trial. The Court will also discuss with counsel the number of alternative jurors (1 or 2). The Court will seat 14 potential jurors in the box, numbered 1-14. Each party has three (3) preemptory strikes, starting with Plaintiff at the close of Defendant’s voir dire. At that time, Plaintiff and Defendant will alternate on their preemptory strikes.
4. Plan to do your opening/closing/questioning from the podium, absent leave of Court. Do not approach witnesses without leave of Court.
5. The Court will keep track of how much time each party has taken in their case. The Court will permit each party the same amount of trial time, but keep in mind that when you are “at the microphone” you are taking your time (that includes when the jury is not present in the courtroom).
6. If you are using hard-copy exhibits, please have enough copies for each juror (including alternate), the witness, counsel for all parties, and two for the Court.
7. If you settle the case and do not provide notice prior to noon on Friday before the week of trial, the Court may impose costs that the county has incurred to call potential jurors. If you have a last minute settlement, email megan.wright@indy.gov and the court’s general email, mcourts-D11@indy.gov and call the Court to give verbal notice.
