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Friday, June 22, 2007
Ind. Decisions - Here is the Supreme Court's fourth opinion today
In State Ex Rel Kurt M. Hoffman v. Allen Circuit Court, a 3-page, 5-0 opinion, Justice Dickson writes:
By a summary order indicating that an explanatory opinion would follow, this Court on May 15, 2007, denied the relator's petition for a writ of mandamus. The relator had challenged under Indiana Trial Rule 53.2(A) the failure of the Clerk of the Allen Circuit Court to withdraw a cause from the respondent judge for failure to rule within ninety days. * * *But we take this opportunity to disapprove future use of devices such as the order pre-suming agreement absent objection to extend a court's time for ruling. To provide guidance to the bench and bar, we hold that a trial court may not avoid its obligation to make timely deci-sions by issuing such an order presuming agreement to extend the time absent objection from the parties. The exception provided in the rule means exactly what it says. It applies only where the parties "stipulate or agree on record that the time limitation for decision set forth in this rule shall not apply." T.R. 53.2(B)(1). The failure of parties to object to a judicial declaration presuming their agreement does not satisfy this requirement that they stipulate or agree on the record. Henceforth, a fact pattern analogous to that presented today will require withdrawal from the trial court and appointment of a special judge by this Court. The ninety-day requirement for ju-dicial action operates irrespective of whether proposed findings and conclusions are contem-plated. Receiving proposed findings of fact and conclusions of law from the respective parties may be a judicial convenience, but it is not a necessity to a court's decision-making function.
Posted by Marcia Oddi on June 22, 2007 03:13 PM
Posted to Ind. Sup.Ct. Decisions