Rule 53.2. Time for holding issue under advisement; delay of entering a judgment

(A) Time limitation for holding matter under advisement. Whenever a cause (including for this purpose a petition for post conviction relief) has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety days, the submission of all the pending issues and the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.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) 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) must begin 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 holding an issue under advisement established under Section (A) does not apply where the parties who have appeared or their counsel stipulate or agree on record that the time limitation for decision set forth in this rule does not apply.

(D) Time of decision. For the purpose of Section (A), a court is deemed to have decided on the date the decision is noted in the Chronological Case Summary.

(E) Extension of time for decision. The procedure for extending the time limitation for decision must be as set forth in Trial Rule 53.1(E).

(F) Procedure for withdrawing submission. The procedure for withdrawing submission and processing the appointment of a special judge must be as set forth in Trial Rule 53.1(F).

(G) Report to Supreme Court. Whenever a special judge is appointed pursuant to this rule, the judge from whom submission has been withdrawn must file a report with the Supreme Court as provided for in Trial Rule 53.1(G).

(H) Waiver and tolling.

(1) If a requesting party files additional motions, correspondence, or pleadings after filing a praecipe, the 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.