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Indiana Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Family Law and Civil Rights for Indiana on
Q: Final judgement, "any state law claims, the Court declines to exercise suppemental jusirdiction over them" Unappealable?

When a Federal district court judge of the State makes this statement "any state law claims, the Court declines to exercise supplemental jurisdiction over them" in a final judgment does this statement make the judgement unappealable and eligible for me to file a motion to vacate the final... View More

0 Answers | Asked in Civil Litigation for Indiana on
Q: Neighbors are causing a nuisance with pointing extremely white light on my house ,yard and car I can't enjoy my property

I have to put my hands up to see to get out my door I can't even walk across my yard I can't see from the glare I can't pull my car in the driveway and see where I'm parking I've tried talking to him they've laughed this is all intentional they said they want me gone.... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Indiana on
Q: Is it unethical for an attorney to not disclose they represented your brother when both you and him need an estate attor

My mom passed away. Both my brother and I hired an attorney to handle her estate. My brother was represented by this firm in a criminal case. I did not know this before we hired this firm to handle my mom’s estate. Is this unethical and should I file a complaint with the Indiana Bar Association?

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

No, it probably is not unethical. The previous criminal case is most likely not "substantially related" to the estate case. Both you and your brother's interests ought to be aligned in probating your mom's estate.

Now if your brother's criminal case was for...
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0 Answers | Asked in Civil Litigation for Indiana on
Q: I have someone in Indiana who is committing slander/defamation against me. How do I start a law suit against them?

What court forms do I need to start a civil tort/lawsuit against them? I am filing pro se. This person has slandered my name on social media, spread old convictions and mugshots of me out of spite. I have filed an appearance form and fee waiver with the clerks office. What other forms do I need to... View More

0 Answers | Asked in Civil Litigation for Indiana on
Q: I need help filling out Form ACR in Indiana. The exhibits I want to exclude from public access are attorney/client

I need help filling out Form ACR in Indiana. The exhibits I want to exclude from public access are attorney client communications. But I don't know how to fill out the form and how to tie that to the statute: https://www.in.gov/courts/rules/records/index.html

Here is the form... View More

1 Answer | Asked in Traffic Tickets and Civil Litigation for Indiana on
Q: In Indiana I made an illegal turn I didn't get a ticket I got an ordinance violation, why can't I pay this online?

Apparently they're making me go to court it took them 3 months to send me paperwork this isn't how an everyday traffic ticket works why can't I pay this online?

Joel D. Hand
Joel D. Hand
answered on Aug 11, 2023

Courts are not required to provide you with the option to pay a ticket (or ordinance violation) online. However, most courts will permit a person to pay ordinance or infraction tickets through the mail or by telephone. You may wish to contact the court for assistance with payment options.... View More

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I have small claim case for a.medical bill. The court said they canceled the date

The paper I got said due to unforseen circumstances the court date had been canceled and either party can ask for a new date. I called the court to make sure it was canceled and the guy on the phone said he don't show it canceled but online and the paper I recieved say it is. I don't want... View More

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

If you received a notice stating that the court date for your small claims case has been canceled, it would be prudent to rely on that information. However, to ensure clarity, you may consider contacting the court again and explaining the discrepancy between the notice you received and the... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Indiana on
Q: I'm representing myself and the opposing attorney does not inform me of depositions. How can I report this in Indiana?

Because I have become disabled during the course of my legal case, I now must represent myself. The opposing counsel does not inform me of when they are taking depositions which precludes me from asking any questions of the person being deposed, which seems to violate IN Rule 30 B, 1 of IN trial... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

First and foremost, you should consult an Indiana attorney to determine what the procedure is under Indiana procedural laws.

Commonly, if a deposition is taken without notice to another party, the party who did not receive notice can file a motion to suppress the deposition so that its...
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1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for Indiana on
Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?

What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline?

Such as the mediator filing the mediation report a week... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the... View More

1 Answer | Asked in Business Law, Civil Litigation and Collections for Indiana on
Q: What can I do if I can't find a lawyer? I need to respond to the court within 20 days but I have a few days left to do

I received a notification from the court of a lawsuit and I have 20 days to respond after the notification, but it's been approximately 11 days and I still can't find a lawyer. If I can't find one, what can I do?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2023

An Indiana attorney could advise best, but your question remains open for two weeks, and time is of the essence in your matter. As a general course of action nationwide, one could request an extension to arrange for an attorney. Most plaintiff firms would grant that courtesy. Reach out to local... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... View More

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... View More

1 Answer | Asked in Civil Litigation for Indiana on
Q: what does "Appearance by Attorney in Civil Case" mean?
Tim Akpinar
Tim Akpinar
answered on Jan 11, 2023

An Indiana attorney could advise best, but your question remains open for four weeks. Only a local attorney could advise you on Indiana rules. But in general nationwide, it usually involves an attorney asking the court to note their appearance on behalf of a client (with an entry of appearance).... View More

1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Collections for Indiana on
Q: In the state of Indiana can a storage facility auction off your things without notice
John Michael Frick
John Michael Frick
answered on Jan 8, 2023

No, the storage facility must first send written notice via certified mail to the renter’s last know address.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Indiana on
Q: Does the dog owner still have to pay the full vet bill from a dog attack if you made a Fundraiser for emergency help?

My dog was attacked we emptied our bank account to pay the bill because the owner of the other dogs couldn't pay upfront. I got a fundraiser to help us in our time of need. Now she feels she doesn't have to cover the full amount. Is she still entitled to pay the full amount?

Charles Candiano
Charles Candiano
answered on Mar 5, 2022

To be "entitled" is to have the right. She has the "right" to pay but NOT the obligation. The fundraiser collected money for the dog's vet bills. That money MUST be used to pay the vet. She is obligated to pay ONLY the shortfall between what you raised and what you... View More

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Libel & Slander for Indiana on
Q: I just got a notice from the plaintiff for a deposition. A hearing for a motion to dismiss is scheduled. Do I go anyway

It is a civil tort case. The plaintiff served me by publication and I have yet to see his original complaint, yet still just got sent a notice for deposition. The plaintiff even included costs of deposition. Do I have to go? There’s a hearing for a motion to dismiss scheduled and the courts... View More

Charles Candiano
Charles Candiano
answered on Mar 1, 2022

If you are the defendant and you filed a Motion to dismiss, you must be represented by counsel. ASK YOUR ATTORNEY. In general, refusal to obey a subpoena places you in contempt of the court that issued the subpoena. Failure to obey the subpoena can result in multiple penalties which may include... View More

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1 Answer | Asked in Civil Litigation for Indiana on
Q: Where can find Indiana statutes regarding vicarious liability in civil law?
Michael Ray Smith
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Michael Ray Smith
answered on Feb 11, 2022

There are all sorts of types of vicarious liability, so there's not one single answer, but most law on vicarious liability is case law, not statutory. That means the principles have been established by written, published decisiohns appellate courts -- in Indiana, the Indiana Court of Appeals... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Civil Rights for Indiana on
Q: Need help have court today and I'm not sure what to do insurance company suing me for almost 8,000 I was in accident

11/10/19 at fault no insurance

Charles Candiano
Charles Candiano
answered on Sep 23, 2021

There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish... View More

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Collections for Indiana on
Q: I wrapped a huge rv for a company.Spent every dime I was given on vinyl and installers and a garage large enough to fit

The rv and then the clients didn't like the rv outcome told me to remove all that was done and now they say I can have criminal charges how so?They didn't like the outcome and said remove.I spent all the money given on this wrap to now I feel I need to file bankruptcy.I have no money to... View More

Timothy Denison
Timothy Denison
answered on Sep 18, 2021

There is no criminal conduct in what you described. Cease all communications with them. There is no money to refund.

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2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano
answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Indiana on
Q: Since covid 19 started well little but after i have been unable to pay my credit cards and 1 loan, i have moved how can

Find out if there is a summons for me or court date in Indiana

Timothy Denison
Timothy Denison
answered on Mar 13, 2021

Call the court in the county in which you live.

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