Out of State Litigants
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Out Of State Litigants

Motion to Assist Out of State Litigants

Process under Trial Rule 28(E)

Marion County Superior Courts require this to be filed by an attorney licensed to practice in Indiana. 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: Click here to review filing fees + $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 your 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.

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.

Process under IC 34-44.5 (Uniform Interstate Depositions and Discovery Act)

1. Subpoena should be issued by the Court where the case is filed.
2. Print a subpoena form used by the Marion County Courts and attach it to your Court's subpoena. (The Marion County Clerk's Office will not signature stamp, date or seal the subpoena.)
3. Forward this information to the party that will be doing the service.

There is no cost to file the subpoena under this process; however, you must pay the cost of service to the person performing the service if required.

Any questions about the procedures described herein may be directed to:

Tiffany Mathews, Civil Filing Division Manager via phone at (317) 327-4723 or via email at  tiffany.mathews@indy.gov