Loretta H. Rush Chief Justice
January 20, 2016, the Indiana Supreme Court established a
3-year Commercial Courts Pilot Project ("Pilot
Project") to start June 1, 2016 and end June 1, 2019.
The purpose of the Pilot Project was to:
• Establish judicial practices that will help all court
users by improving court efficiency; • Allow commercial
disputes to be resolved efficiently with expertise and
• Enhance the accuracy, consistency, and predictability
of judicial decisions in commercial cases;
• Enhance economic development in Indiana by furthering
the efficient resolution of commercial law disputes; and
• Employ and encourage electronic information
technologies, and early alternative ADR interventions.
Court has evaluated the progress of the Pilot Project and
determined that it has been successful in advancing these
benchmarks and goals. The Court now ORDERS that the
Commercial Courts be permanently established in Indiana with
the following judges:
• Judge Craig Bobay, Allen Superior Court - Civil
• Judge Stephen Bowers, Elkhart Superior Court 2
• Judge Richard D'Amour, Vanderburgh Superior Court
• Judge Maria Granger, Floyd Superior Court 3
• Judge John Sedia, Lake Superior Court
• Judge Heather Welch, Marion Superior Court, Civil
2, 2015, the Indiana Supreme Court issued an order
establishing the Indiana Commercial Court Working Group to
provide guidance throughout the Pilot Project. As the Indiana
Commercial Courts enter a new phase, a standing committee
shall continue to provide guidance.
"Commercial Court Committee" shall consist of the
following, as determined by the Commercial Court judges.
Membership of the Committee shall include individuals
experienced in business litigation and the judicial system.
The Committee should consist of:
• Commercial Court judges, one representing each
o Litigators representing small and large businesses
o Transactional attorneys representing small and large
businesses o In-house counsel representing small and large
o Other lawyers with expertise in commercial litigation
• At least one legislative representative
• At least one Chamber of Commerce Representative
• At least one law professor in this subject matter
ORDERED that the Indiana Commercial Court Committee
established by order of this Court will continue to provide
guidance for the Indiana Commercial Courts.
further ORDERED that Indiana Office of Court Services shall
provide staff support to the Commercial Court Working Group.
April 27, 2016, the Indiana Supreme Court issued an order
adopting the Interim Commercial Court Rules for the Indiana
Commercial Courts Pilot Project.
upon the experience these rules have been amended in part.
The Indiana Supreme Court adopts these Commercial Court Rules
for the Indiana Commercial Courts. The purpose of these rules
is to (1) promote the efficient resolution of commercial
disputes; (2) improve court efficiency for all court users;
(3) employ and encourage early alternative dispute
interventions; (4) enhance the accuracy, consistency, and
predictability of judicial decisions in commercial cases; and
(5) enhance economic development in Indiana by furthering the
efficient resolution of commercial law disputes.
Commercial Court Rules are attached as Exhibit A.
Order and the attached Rules shall take effect on June 1,
Introduction and Definitions
following Rule shall apply to all the cases on the Commercial
Court Docket. As used in this Rule:
(A) Business entity. "Business entity" means a
for-profit or nonprofit corporation, partnership, limited
partnership, limited liability company, limited liability
partnership, professional association, professional
corporation, business trust, joint venture, unincorporated
association, or sole proprietorship, or any other legal
entity recognized by any state and doing business in the
State of Indiana.
(B) Commercial court. "Commercial court" means a
court with a specialized Commercial Court Docket as
described, organized, and administered under these Commercial
Court Rules and any applicable Indiana Supreme Court Order.
(C) Rule. "Rule" as used in these Commercial Court
Rules means any rule promulgated by the Indiana Supreme
Court, or by administrative district rule or local rule.
Commercial Courts employ and encourage electronic information
technologies, such as e-filing, e-discovery, telephone /
video conferencing, and also employ early alternative dispute
resolution interventions, as consistent with Indiana
Cases Eligible for the Commercial Court Docket
civil case, including any jury case, non-jury case,
injunction, temporary restraining order, class action,
declaratory judgment, or derivative action, shall be eligible
for assignment into the Commercial Court Docket pursuant to
Commercial Court Rule 4 if the gravamen of the case relates
to any of the following:
(A) The formation, governance, dissolution, or liquidation of
a business entity;
(B) The rights or obligations between or among the owners,
shareholders, officers, directors, managers, trustees,
partners, or members of a business entity, or rights and
obligations between or among any of them and the business
(C) Trade secret, non-disclosure, non-compete, or employment
agreements involving a business entity and an employee,
owner, shareholder, officer, director, manager, trustee,
partner, or member of the business entity;
(D) The rights, obligations, liability, or indemnity of an
owner, shareholder, officer, director, manager, trustee,
partner, or member of a business entity owed to or from the
(E) Disputes between or among two or more business entities
or individuals as to their business activities relating to
contracts, transactions, or relationships between or among
them, including without limitation the following:
(1) Transactions governed by the Uniform Commercial Code,
except for claims described in Commercial Court Rule 3(B) and
(2) The purchase, sale, lease, or license of; a security
interest in; or the infringement or misappropriation of
patents, trademarks, service marks, copyrights, trade