Ind. Code » Title 34
Indiana Code

Ind. Code § 34-8-1-3 (2025)

Power of supreme court to adopt, amend, and rescind procedural rules

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. The supreme court has authority to adopt, amend, and rescind rules of court that govern and control practice and procedure in all the courts of Indiana. These rules must be promulgated and take effect under the rules adopted by the supreme court, and thereafter all laws in conflict with the supreme court's rules have no further force or effect.

[Pre-1998 Recodification Citation: 34-5-2-1 part.]

As added by P.L.1-1998, SEC.3.

 

Notes of Decisions
Cited in 14 cases, 1998–2020 · leading case: Jason M. Morris v. State of Indiana, 114 N.E.3d 531 (Ind. Ct. App. 2018).
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Jason M. Morris v. State of Indiana, 114 N.E.3d 531 (Ind. Ct. App. 2018). · cites it 2× “These rules were adopted pursuant to Indiana Code section 34-8-1-3, which authorizes the supreme court to adopt, amend, and rescind rules of court that govern and control practice and procedure in all the courts of Indiana.”
State of Indiana ex rel. Glenn D. Commons v. The Hon. John R. Pera, 987 N.E.2d 1074 (Ind. 2013). · cites it 10× “2012) (citing I.C. § 34-8-1-3 and holding that where there was a conflict between I.”
State of Indiana v. Elvis Holtsclaw, 977 N.E.2d 348 (Ind. 2012). · cites it 2× “” Ind.Code § 34-8-1-3 (2008). Thus, in this conflict between Indiana Code § 35-38-4-2 and our Appellate Rule 9, the former must give way to the latter.”
Wayne Cnty. Prop. Tax Assessment Bd. of Appeals v. United Ancient Order of Druids-Grove 29, 847 N.E.2d 924 (Ind. 2006). “5-1-7, defines "law" as "the federal or state constitution, any federal or state statute, a rule of an agency, or a federal regulation.”
Budden v. Bd. of Sch. Commissioners, 698 N.E.2d 1157 (Ind. 1998). · cites it 2× “Indiana Code § 34-8-1-3 in turn provides that "all laws in conflict with the supreme court's rules have no further force or effect.”
Citizens Action Coalition of Indiana, Inc. v. N. Indiana Pub. Serv. Co., 804 N.E.2d 289 (Ind. Ct. App. 2004). · cites it 2× “We recognize that Indiana Code Section 34-8-1-3 provides that "[the supreme court has authority to adopt .”
State of Indiana & Indiana Bureau of Motor Vehs. v. Daniel Reinhart, 112 N.E.3d 705 (Ind. 2018). · cites it 2× “See also I.C. § 34-8-1-3 ("[A]ll laws in conflict with the supreme court's rules [governing practice and procedure] have no further force or effect.”
N.E. v. Indiana Dep't of Child Servs., 5 N.E.3d 786 (Ind. Ct. App. 2014). · cites it 6× “Specifically, the court declared: The primacy of this Court’s rules of practice and procedure, recognized in Indiana Code section 34-8-1-3 (“thereafter all laws in conflict with the supreme court’s rules have no further force or effect”) does not apply to the transfer rule…”
Indiana Univ. Health S. Indiana Physicians, Inc. v. Charlene Noel, 114 N.E.3d 479 (Ind. Ct. App. 2018). · cites it 4× “Ind. Code § 34-8-1-3 provides: The supreme court has authority to adopt, amend, and rescind rules of court that govern and control practice and procedure in all the courts of Indiana.”
Noble Cnty. ex rel. Noble Cnty. Bd. of Commissioners v. Rogers, 717 N.E.2d 591 (Ind. Ct. App. 1999). · cites it 2× “Code § 34-5-2-1, now Ind.Code § 34-8-1-3, which states: “The supreme court has authority to adopt, amend, and rescind rules of court that govern and control practice and procedure in all the courts of Indiana.”
Symons Int'l Grp., Inc. v. Cont'l Cas. Co., 306 F.R.D. 612 (N.D. Ind. 2014). · cites it 2× “” Ind. Code § 34-8-1-3 . After such adoption, “all laws in conflict with the supreme court’s rules have no further force or effect.”
In re the Adoption of: J.T.D. & J.S. (Minor Child.), Child. to be Adopted. Indiana Dep't of Child Servs. v. N.E. (Prospective Adoptive Parent), No. 45A03-1308-AD-310 (Ind. Ct. App. Mar. 12, 2014). · cites it 6× “Specifically, the court declared: The primacy of this Court’s rules of practice and procedure, recognized in Indiana Code section 34-8-1-3 (“thereafter all laws in conflict with the supreme court’s rules have no further force or effect”) does not apply to the transfer rule…”
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