Fuchs v. Martin
Indiana Court of Appeals
1ConcurrenceRobb, Judge
I respectfully concur in the result reached by the majority with respect to reversal of the preemptive mediation provision of the trial court's order. I write separately to address the propriety of the local rule in general.
Trial courts may establish rules for their own governance pursuant to Trial Rule 81 and Indiana Code section 34-8-1-4. These rules are to be supplementary to and not conflict with any statute or supreme court rule. See Ind.Code § 34-8-1-4. I agree that alternative dispute resolution is a good idea in many cases; however, I believe the local rule at issue here goes too far…
2Cases cited1 opinion
- Carter v. HicksIndiana Court of Appeals · 2001