Free APPEARANCE BY ATTORNEY IN CIVIL CASE - Indiana

IN THE ___________________________ COURT ) ) Case Number: ) (To be supplied by Clerk when case is filed.)

(Caption)

APPEARANCE BY ATTORNEY IN CIVIL CASE Party Classification: Initiating ____ Responding ____ Intervening ____

1. The undersigned attorney and all attorneys listed on this form now appear in this case for the following party members: _______________________________________________________

2. Applicable attorney information for service as required by Trial Rule 5(B)(2) and for case information as required by Trial Rules 3.1 and 77(B) is as follows: Name: ____________________________________ Atty Number: _______________________ Address: __________________________________ Phone: _____________________________ __________________________________________ FAX: ______________________________ __________________________________________ Email Address: ______________________ [List on continuation page the additional attorneys appearing for above party member(s).]

3. There are other party members: Yes____ No ____ (If yes, list on continuation page.)

4. If first initiating party filing this case, the Clerk is requested to assign this case the following Case Type under Administrative Rule 8(b)(3): _________________________

5. I will accept service by FAX at the above noted number: Yes ____ No ____

6. This case involves support issues. Yes ____ No ____ (If yes, supply social security numbers for all family members on a separately attached page using light green paper. See form below.)

7. There are related cases: Yes ____ No ____ (If yes, list on continuation page.) 8. This form has been served on all other parties and Certificate of Service is attached: Yes___ No___ 9. Additional information required by local rule: _______________________________________ _________________________________________ Attorney-at-Law (Attorney information shown above.)

Appearance Format for Use by Attorneys in Civil Cases; 1/1/2005 Revised

APPEARANCE FORMAT--CONTINUATION PAGE (Civil Case for Use by Attorney) Case Number: ____________________________________ First Listed Party Member: ________________________________ Continuation of Item 2 (Attorney information for party member, as applicable): Name: ________________________________ Address: ______________________________ ______________________________________ ______________________________________ Name: ________________________________ Address: ______________________________ _____________________________________ _____________________________________ Name: _______________________________ Address: _____________________________ _____________________________________ _____________________________________ Atty Number:________________________ Phone: ____________________________ FAX: ______________________________ Computer Address: ___________________ Atty Number: ________________________ Phone: _____________________________ FAX: ______________________________ Computer Address: ___________________ Atty Number: ________________________ Phone: _____________________________ FAX: ______________________________ Computer Address: ___________________

Continuation of Item 3 (Other party members not represented by this attorney) _______________ _______________________________________________________________________________ Continuation of Item 7 (Caption and case number of related cases): Caption ________________________________________ Caption ________________________________________ Caption ________________________________________ Caption ________________________________________ Case Number ______________________ Case Number ______________________ Case Number ______________________ Case Number ______________________

Authority: Pursuant to Trial Rule 3.1, this form shall be filed at the time an action is commenced or when a party first appears. In emergencies, the requested information shall be supplied when it becomes available. Parties shall advise the court of a change in information previously provided to the court. This format is approved by the Division of State Court Administration. All versions prior to 1/1/2005 are obsolete.

Use additional continuation pages if needed.

INSTRUCTIONS FOR APPEARANCE FORMAT FOR ATTORNEYS ­ ClVIL CASES This instruction is offered to explain the Appearance by Attorneys in Civil Cases format dated 4/1/95 and approved by the Division of State Court Administration in accordance with Trial Rule 3.1. This format should not be used by pro se litigants. Please note that this is an approved format. An attorney may copy the format and fill in the blank places as appropriate. Alternatively, an attorney may create a document "in house" that resembles this format. This Appearance Form seeks to standardize practice and data gathering in courts. If a document is created in house, the requested information should be presented under the same paragraph number and in the same sequence as set forth in this format. Purpose: This format permits attorneys to meet the filing requirements of Trial Rules 3.1, 5(B)(2) and 77(B). Additionally, the format has been structured for use as a "traditional" appearance pleading, although this practice varies widely around the state. The goal is to provide a document that allows attorneys to provide courts with the information needed for case management and advise all other parties of the representation. Party Classification: The format uses the term "party classification" to designate the status of a litigant in a legal proceeding. For case management purposes (e.g. cost allocations), it is important to know if the litigant brings an action, defends in an action, or joins the action. Respectively, these party classifications have been assigned the administrative designations of "initiating," "responding," and "intervening." Thus, in a tort case the "initiating" party would be the plaintiff; the "responding" party would be the defendant; and a third-party litigant would be an "intervening" party. In domestic relations cases, the "initiating party" would be the petitioner and the respondent would be the "responding" party. Paragraph 1 - Party Member Represented: Paragraph 1 asks that the attorney specifically state what party member or members the attorney represents. The term "party member" is intended to distinguish between litigants sharing a party classification. Accordingly, each litigant initiating a lawsuit as multiple plaintiffs is a "party member." The same applies for multiple defendants and multiple interveners. It is very important for courts and litigants to know if there are multiple members of a party and who represents each of the members. Paragraph 2 - Attorney Information - FAX and Computer Address: This format is intended to provide information which is required by rule and will aid in communication. Trial Rule 5(B)(2) provides that service by mail to the name and address provided by an attorney to the court is good service. This format incorporates Trial Rule 5(B)(2). Over and above service, it is imperative for case management purposes that all potential avenues of communication be known by the litigants. This is the reason for the requirement in Trial Rule 3.1 for FAX and computer addresses. Accordingly, even though an attorney may not want to rely on FAX or Internet for receipt of service, if an attorney has a public FAX and computer address. This information will aid in communication and is required. (If an attorney will accept FAX service, a positive statement in that regard is required under paragraph five. The rules currently do not contemplate official service by Intemet or other computer to computer communication process.) Paragraph 3 - Other Party Members: Paragraph 3 asks attorneys to list other members of the same party classification who are not represented by this attorney For example, an attorney for one plaintiff would list all other plaintiffs but not any defendants. The purpose of this paragraph is to define the nature of the party: it is not a "proof of service" listing. Paragraph 4 - Case Type: The first initiating party (only the first) is required to advise the Clerk of the case type to be assigned. For example, the attorney who files the case needs to distinguish between Civil Plenary and Tort. The case type assigned, in good measure, determines how a proceeding will be processed, what costs are assessed, whether individuals are required to intervene, and where the case will be assigned for resolution. For this reason, it must reflect the decision of the attorney filing the case. Paragraph 5 - Service by FAX: Paragraph 5 requires an attorney to specifically state whether or not he or she will accept service by FAX. If yes, service by FAX to the telephone number set out in paragraph 2 will constitute good service. This is strictly a permissive method of service.

Paragraph 6 - Cases Involving Support: Paragraph 6 asks the attorney to affirmatively state whether the case involves support. If so, the court will need social security numbers in the administration of the case. The parties are the only ones who can provide this information. This information is to be provided on a separate green sheet attached to the appearance form: "Confidentiality of Information Excluded from Public Access. Any appearance form

information or record defined as not accessible to the public pursuant to Administrative Rule 9(G)(1) shall be filed in a manner pursuant to Trial Rule 5(G)."
Paragraph 7- Related Cases: Paragraph 7 requires parties to inform the court if there are related cases. The purpose of this provision is to inform the court if there is other litigation which may affect or be affected by a decision in this litigation. For example, in a domestic relations case, the parties should inform the Court of a CHINS case that may be pending. Other examples include mass tort situations or common litigants in a continuing business setting. The purpose is to serve judicial administration. Listing another case does not constitute some concession of res judicata application. Paragraph 8 - Service of Appearance: Generally, under Trial Rule 5, service of pleadings and papers involves filing information with the court and serving other parties with specified documentation. The traditional "appearance" document filed and served substantially involves local rule and custom. Trial Rule 3.1 alters local rule and custom only to the extent such rule standardizes the information required by the court at the time a party enters his or her appearance. Paragraph 8 permits this format to be used as a traditional "appearance" document and be served consistent with Trial Rule 5, if it otherwise complies with local rules. Redundancy, however, is not required. In the event a party serves the appearance document along with other pleadings or papers wherein the attorney certifies service of the appearance document, a separate certificate of service for such appearance document is not required. Paragraph 9 - Local Requirements: This paragraph is to be used in the event there are local requirements that must be included in this form. Continuation Page(s): The continuation page (or pages) is intended to permit an attorney to complete information set forth on the first page of the appearance form. Use as many continuation pages as are needed to complete the request for information. List the case number and the first party member listed on the appearance form on all continuation pages. This is very important for cross-referencing the continuation pages and the appearance form. In the event the first page completes the request for information, a blank continuation page is not needed. Should you have any questions or comments about this format, you may contact the Division of State Court Administration at the following address: 30 South Meridian Street, Suite 500 Indianapolis, Indiana 46204 Phone: (317) 232-2542 FAX: (31 7) 233-6586

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NOT FOR PUBLIC ACCESS IN ACCORDANCE WITH ADMINISTRATIVE RULE 9

Special Instructions: This page must be on separate, light green paper. (See bottom of page for text of Trial Rule 5(G).

IN THE ___________________________________ COURT
(Caption)
CIVIL APPEARANCE FORM

) ) Case Number )

Item 6 (Social Security numbers of all family members in cases involving support): Name: _________________________________ Name: _________________________________ Name: _________________________________ Name: _________________________________ Name: _________________________________ Name: _________________________________ Name: _________________________________ Name _________________________________ SS # SS # SS # SS # SS # SS # SS # SS # _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________

When only a portion of a document contains information excluded from public access pursuant to Administrative Rule 9(G)(1), said information shall be omitted [or redacted] from the filed document and set forth on a separate accompanying document on light green paper conspicuously marked "Not For Public Access" and clearly designating [or identifying] the caption and number of the case and the document and location within the document to which the redacted material pertains.