ASSISTANCE TO OUT-OF-STATE LITIGANTS
UNDER INDIANA TRIAL RULE 28(E)
Assistance to out-of-state litigants in securing the attendance of a witness to deposition or for the production of documents is provided through Indiana Trial Rule 28(E). To secure the assistance of the Marion Circuit or Superior Courts, the following items (as may be applicable) should be directed for filing with the Clerk of the Circuit and Superior Courts:
1. Order to Issue Subpoena: Original + 6 copies
2. Motion to Assist Out-of-State Litigants: Original + 5 copies
3. Notice of Taking Deposition: Original + 5 copies
4. Subpoena: Original + 6 copies
5. Appearance Form: Original + 1 copy
6. Other: Original + 5 copies
7. Filing Fee: $136 per filing + $10 for each additional defendant other than the first named defendant. Money orders only please.
8. Sheriff Service: one-time $13 fee payable to the Sheriff for each case, if Sheriff service is requested.
Please Note: Only the Subpoena and Appearance Forms can be provided by the Marion County Clerk's Office. For help with all other forms, please contact local counsel.
A case will be filed under a "Miscellaneous" cause number ("MI" case type) in a random fashion among the Civil Division of the Marion Superior Court, including the Circuit Court. We recommend that you contact a local attorney for assistance.
The filing should be directed to:
Marion County Clerk's Office
Civil Filing Division
200 East Washington Street, Suite W140
Indianapolis, Indiana 46204
Once filed with the Clerk, the case will be sent to the court of filing for further action. All subsequent action in the case should be handled through the deputy clerk assigned to the specific court in which the case is pending, including the filing of any additional pleadings.
Any questions about the procedures described herein may be directed to:
- Sandy Grady, Supervisor of the Civil Filing Division, (317) 327-4723
- Jennifer Jenkins, Supervisor of the Felony Courts Division,
(317) 327-4705
- Marie Southern, Supervisor of the Misdemeanor Courts Division, (317) 327-4703