An Action Is Commenced When It Is Filed

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November 16, 2010

Yesterday, the Indiana Court of Appeals held that an action is commenced, for the purposes of the statute of limitations, when it is filed, even if the plaintiff's counsel fails to file an appearance pursuant to Trial Rule 3.1 in Holmes v. Celadon Trucking Services of Indiana, Inc., 936 N.E.2d 1254 (Ind. Ct. App. 2010), Case No. 49A02-1007-PL-714.
Lessons:
  1. A party does not need to file an appearance pursuant to Trial Rule 3.1 in order to commence an action for the purposes of the statute of limitations.
Brad A. Catlin
Price Waicukauski & Riley, LLC
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