Rule 53.1. Failure to rule on motion

(A) Time limitation for ruling. In the event a court fails for thirty days to set a motion for hearing or fails to rule on a motion within thirty days after it was heard or thirty days after it was filed, if no hearing is required, upon application by an interested party and notice to the Chief Administrative Officer of the Indiana Office of Judicial Administration, the submission of the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.

(B) Excluded Time Periods. The time limitation for ruling on a motion established under Section (A) of this rule must exclude:

(1) any period after which the case is referred to alternative dispute resolution and until a report on the alternative dispute resolution is submitted to the court; and

(2) any period during which the court has permitted the parties to file post-hearing submissions. If the court allows post-hearing submissions, the court must make an entry on the Chronological Case Summary stating the date by which the parties are to file the submissions. The time limitation for ruling established under Section (A) begins when all parties have filed their post-hearing submissions or when the deadline for submissions occurs, whichever is first.

(C) Exceptions. The time limitation for ruling on a motion established under Section (A) does not apply where:

(1) The Court, within thirty days after filing, orders that a motion be considered during the trial on the merits of the cause; or

(2) The parties who have appeared or their counsel stipulate or agree on record that the time limitation for ruling on a motion does not apply; or

(3) The ruling in question involves a repetitive motion, a motion to reconsider, a motion to correct error, a petition for post-conviction relief, or a ministerial post-judgment act.

(D) Time of ruling. For the purposes of Section (A), a court is deemed to have set a motion for hearing on the date the setting is noted in the Chronological Case Summary, and to have ruled on the date the ruling is noted in the Chronological Case Summary.

(E) Extension of time for ruling. A judicial officer may extend the time limitation set forth under Trial Rule 53.1, 53.2, or 53.3 by an additional thirty days by an entry in the Chronological Case Summary and notice to the parties made prior to the time period's expiration. A judicial officer is not entitled to further additional extension without the parties' written consent.

(F) Procedure for withdrawing submission. Upon the filing by an interested party of a praecipe specifically designating the motion or decision delayed and notice to the Chief Administrative Officer of the Indiana Office of Judicial Administration, the Clerk of the court must enter the date and time of the filing on the praecipe, record the filing in the Chronological Case Summary under the cause, which entry must also include the date and time of the filing of the praecipe, and promptly forward the praecipe and a copy of the Chronological Case Summary to the CAO. The CAO must determine whether or not a ruling has been delayed beyond the time limitation set forth under Trial Rule 53.1 or 53.2.

(1) If the CAO determines that the ruling or decision has not been delayed, the CAO must provide notice of the determination in writing to the Clerk of the court where the case is pending and the submission of the cause must not be withdrawn. The Clerk of the court where the case is pending must notify, in writing, the judge and all parties of record in the proceeding and record the determination in the Chronological Case Summary under the cause.

(2) If the CAO determines that a ruling or decision has been delayed beyond the time limitation set forth under Trial Rule 53.1 or 53.2, the CAO must give written notice of the determination to the judge, the Clerk of the trial court, and the Clerk of the Supreme Court of Indiana that the submission of the case has been withdrawn from the judge. The withdrawal is effective as of the time of the filing of the praecipe. The Clerk of the trial court must record this determination in the Chronological Case Summary under the cause and provide notice to all parties in the case. The CAO must submit the case to the Supreme Court of Indiana for appointment of a special judge or such other action deemed appropriate by the Supreme Court.

(G) Report to Supreme Court. When a special judge is appointed under Trial Rule 53.1 or 53.2, the judge from whom submission was withdrawn must, within ten days from receipt of the order appointing a special judge, file a written report in the Supreme Court under the cause appointing the special judge. This report must fully state the nature of the matters held in excess of the time limitations. Additionally, the report may relate any other facts or circumstances which the judge deems pertinent.

(H) Waiver and tolling.

(1) If the requesting party files additional motions, correspondence, or pleadings after filing a praecipe, the requesting party waives the right to remove the judicial officer from the case, and the praecipe is void and of no effect.

(2) Once a praecipe is filed, all time limitations are tolled until resolution of the praecipe.

(I) Permanent record. The Supreme Court must maintain a permanent record of special judge appointments under Trial Rules 53.1 and 53.2.