--- name: in-pro-se description: > This skill should be used when the user is a self-represented litigant (pro se) in an Indiana court and asks about "how do I represent myself in Indiana", "pro se Indiana forms", "Indiana self-represented", "JDF Indiana", "Indiana Self-Help Center", "do I need a lawyer to file in Marion", "Indiana pro se appearance", "how do I serve a defendant in Indiana", "small claims pro se Indiana", "Indiana fee waiver", "Indiana proceeding in forma pauperis", or any related self-help question. Covers Indiana's pro se framework, the Indiana Supreme Court Office of Judicial Administration self-help resources, service of process under Indiana Trial Rule 4, the Parker procedural framework adapted for Indiana, T.R. 11(A) pro se signature requirements, Goossens v. Goossens equal- standards doctrine, and county Self-Help Centers. Trigger phrases: "pro se Indiana", "Indiana self-represented", "Indiana pro se appearance", "Trial Rule 4 service", "Indiana fee waiver", "indiana self-help center", "indiana state court pro se forms". version: 0.1.1 --- # Pro Se Drafting and Procedure for Indiana Courts This skill carries the conventions, forms, and procedural pitfalls specific to self-represented (pro se) civil litigants in Indiana trial courts. Apply it whenever the filer is not represented by counsel — whether plaintiff or defendant — and the document is being prepared for filing in a Circuit Court, Superior Court, County Court, or township small-claims court. > **NOT LEGAL ADVICE.** Generated content is a drafting aid; pro > se litigants are held to the same procedural standards as > attorneys (*Goossens v. Goossens*, 829 N.E.2d 36, 43 (Ind. Ct. > App. 2005)). Always verify rule numbers, deadlines, and case- > specific requirements against the current Indiana Trial Rules > and the venue court's local rules before filing. For complex > matters, or matters with substantial sums at stake, consider > consulting a licensed Indiana attorney. ## The two pro se ground rules ### Rule 1: You are held to the same procedural standards as a lawyer. *Goossens v. Goossens*, 829 N.E.2d 36, 43 (Ind. Ct. App. 2005), holds that "pro se litigants are held to the same standards as licensed attorneys" — and Indiana courts have consistently applied this doctrine. The court does not waive deadline rules, format rules, service rules, or evidentiary requirements because the filer is pro se. Missing the 20-day answer window under T.R. 6(C) results in default judgment under T.R. 55, regardless of whether the defendant had a lawyer. Plan accordingly: - Always know your next deadline before leaving court - E-file or hand-deliver everything — never rely on mail without a fallback plan - Use the format-check.py script in this plugin to validate every filing against T.R. 5(E) before upload ### Rule 2: The court will not give you legal advice. Clerks, judicial assistants, and judges cannot tell you: - Whether to file a motion - What defenses to assert - How to phrase an argument - Whether your case is winnable They CAN tell you: - The next available hearing date - Whether a particular form exists - The filing fee - Where to find the Self-Help Center - The case number This is the **Indiana Code of Judicial Conduct Canon 2 / Rule 2.4 boundary** — judges and court staff must remain neutral. Plan to gather substantive guidance from: - The Indiana Pro Bono Commission (`probono.indianabar.org`) - The Indiana State Bar Association's Modest Means Program - The Marion County Self-Service Center at the City-County Building - Indiana Legal Services (`indianalegalservices.org`) — free representation for income-qualified parties - Public Law Library (most county courthouses have one) ## The Parker framework — adapted for Indiana The "Parker framework" is a step-by-step civil-procedure protocol that pro se litigants can apply to any motion or filing. Adapted to Indiana: 1. **Identify the procedural posture.** What stage of the case is this? Pre-answer? Discovery? Post-judgment? The applicable rule depends on this. 2. **Find the controlling rule.** Indiana Trial Rules first, then the venue county's local rules. For example, a motion to compel discovery: T.R. 37 (statewide) + LR49-TR37 (Marion local) or LR45-TR37 (Lake local). 3. **Find the controlling statute** (if any). Some procedures are driven by statute, not rule — garnishment (IC 24-4.5), small claims (IC 33-29-2 or IC 33-34), filing fees (IC 33-37-4-4). 4. **Find the controlling case law.** The Indiana Supreme Court and Court of Appeals issue interpretive decisions. Use `in-fact-check` to verify any case citation. 5. **Compute the deadline.** Use `in-deadlines` and the bundled `case-calendar.py` script for T.R. 6 deadline math. 6. **Draft the document.** Use one of the four scaffolders (`in-draft-motion`, `in-draft-declaration`, `in-draft-note`, `in-draft-order`). 7. **Quality-check** with `in-quality-check`. 8. **Assemble the packet** with `in-file-packet`. 9. **Submit** through Odyssey or the appropriate paper-filing protocol. 10. **Calendar** the next deadline and the response window. ## Signature block — Indiana pro se convention T.R. 11(A) requires every paper to be signed at the end. The pro se signature block: ``` Respectfully submitted, _______________________________ [PARTY NAME], Pro Se [Street Address] [City, IN ZIP] Telephone: (___) ___-____ Email: ________________________ ``` Key points: - Write "Pro Se" (not "in pro per" — that's California) after the name, on the same line - Phone number is required; email is required if you are registered for Odyssey e-filing - Indiana does NOT require an Attorney Number for pro se filers (the "Atty. No." line is for licensed attorneys only) - Email address must be the same as the address on file with Odyssey ## Appearance form (T.R. 3.1) Indiana Trial Rule 3.1 requires every party to file a formal "Appearance" at or before the time of the party's first substantive filing. The Appearance form provides the court with: - The party's name and contact information - The party's pro se or attorney status - The party's preferred service method (email + mailing address) - Any related-case information Marion uses the Marion-specific Appearance form (LR49-TR3.1); Lake uses LR45-TR3.1; other counties have their own. The **statewide form** is also available at courts.in.gov/forms — file the statewide form unless the county has rejected it (none have, to date). For pro se defendants, the Appearance is filed simultaneously with the Answer (typically as a single Odyssey transmission). ## Service of process — Trial Rule 4 T.R. 4 governs how a complaint must be served on the defendant. The most common methods: - **Personal service** (T.R. 4.1) — by Sheriff or a private process server appointed under T.R. 4.12. Costs $30-50. - **Service by certified mail with return receipt requested** — the cheapest method ($8-10). The signed green card returns to the Clerk's office and triggers the 20-day answer window. - **Service by publication** (T.R. 4.13) — used only when the defendant cannot be located. Requires an affidavit of diligence before the court will authorize. Notes: - The 20-day answer window starts on the date the green card is signed, NOT the date you mailed the certified packet. - Service must include the Summons AND the Complaint together. - A pro se plaintiff who serves by certified mail must file a Return of Service through Odyssey after the green card returns, using document code 25001 (Return of Service). ## Fee waivers — proceeding in forma pauperis IC 33-37-3-2 (the **Affidavit of Indigency**) allows a pro se filer to proceed without paying filing fees if income is at or below 125% of the federal poverty line. The form is **CCS Form 1042** (Indiana Office of Judicial Administration Approved Form); it must be filed with the initial complaint or answer. Required showings: - Household size and gross monthly income - Liquid assets (cash, bank accounts) - A statement of why the fee would impose hardship The judge rules on the petition within a few days. If granted, the filing fee, e-filing fee, and Sheriff service fee are all waived. If denied, the petitioner may pay the fee and proceed. ## Odyssey e-filing for pro se filers Indiana Administrative Rule 16 permits but does not require pro se e-filing. Steps: 1. Register a free Odyssey account at `efile.courts.in.gov` 2. Verify email 3. Add the case to your account (using the cause number) 4. Upload the PDF of your document 5. Select the correct document code from the dropdown 6. Pay the e-filing fee ($10-15 transaction fee) or claim indigency 7. The system serves all registered Service Contacts automatically For pro se filers who prefer paper filing: every Indiana county clerk's office accepts paper filings during business hours. The clerk will stamp the original, return a file-stamped copy to the filer, and route the original to the assigned courtroom. ## Self-Help Centers — county directory Many counties operate a **Self-Help Center** or **Pro Se Resource Center** to help self-represented litigants navigate the court system. Notable: - **Marion County Self-Service Center** — City-County Building, Suite W-122; (317) 327-3506. Hours: M-F 8 AM - 4 PM. Provides form completion assistance for divorce, custody, small claims, and protective orders. - **Allen County Self-Help Center** — Allen County Courthouse, Room 411. Limited form-completion assistance. - **Indianapolis Bar Foundation Modest Means** — referral service for limited-scope representation. - **Indiana Legal Services** — statewide; income-qualified free legal aid. The Indiana Office of Judicial Administration maintains an **eFiling Help Desk** at (317) 232-1313 for technical Odyssey issues. ## Common pro se pitfalls — and how to avoid them | Pitfall | Avoid by ... | |---------|--------------| | Missing the 20-day answer window | Calendar `T.R. 6(C)` deadline immediately on receipt of the Summons | | Failing to file an Appearance | File the LR49-TR3.1 / LR45-TR3.1 / statewide Appearance with your first filing | | Submitting an unsigned filing | Every PDF must show your wet or `/s/` signature on the last page (T.R. 11(A)) | | Forgetting the proposed order | Marion CPC § II.A requires every motion to include a proposed order; without one the court may decline to rule | | Wrong document code in Odyssey | Cross-reference with the Marion or Lake document-code reference | | Email address out of date | Update Service Contacts whenever you change email — missed orders are not excused | | Missing the chambers copy threshold | Marion: >15 pages; Lake: >20 pages — deliver paper chambers copy within 24 hours | | Filing without a Certificate of Service | T.R. 5(B) requires service on every other party; include the Certificate of Service in the body | | Citing rules without verification | Use `in-fact-check` and cross-check the current Indiana Trial Rules — they're amended frequently | ## Composition — which skills layer here - `in-statewide-format` for T.R. 5(E) / T.R. 10 baseline - `in-marion` / `in-lake` / `in-county-courts` for venue-specific Self-Help Centers and local rules - `in-discovery` for pro se discovery scope and limits - `in-deadlines` for T.R. 6 calculation - `in-draft-motion` / `in-draft-declaration` / `in-draft-note` / `in-draft-order` for the scaffolders - `in-file-packet` for packet assembly - `in-consumer-debt` if you are a consumer-debt defendant — Indiana's consumer-protection statutes (DCSA) are favorable ## References - `references/appearance-form.md` — T.R. 3.1 Appearance with the statewide form - `references/affidavit-indigency.md` — CCS Form 1042 walkthrough - `references/service-of-process.md` — T.R. 4 service options - `references/self-help-centers.md` — directory of county Self-Help Centers - `references/parker-framework.md` — Indiana-specific Parker protocol **NOT LEGAL ADVICE.** Generated content is a drafting aid; verify against current rules and case law before filing.