Failing to File an Answer to a Will Contest May Result in a Default Judgment
Procedure/Default Judgment
September 21, 2011
Yesterday, while most of the news outlets were focused on the Indiana Supreme Court's decision on rehearing in Barnes v. State, ___ N.E.2d ___ (Ind. 2011), Cause No. 82S05-1007-CR-343, the case concerning a homeowner's right to resist a police officer's unlawful entry into a home, the Court decided a second case, Avery v. Avery, ___ N.E.2d ___ (Ind. 2011), Cause No. 49S05-1102-PL-76, which is likely to be even more important to Indiana's lawyers. The issue in Avery? The extent to which the Trial Rules apply to statutorily created causes of action.
Lessons:
Yesterday, while most of the news outlets were focused on the Indiana Supreme Court's decision on rehearing in Barnes v. State, ___ N.E.2d ___ (Ind. 2011), Cause No. 82S05-1007-CR-343, the case concerning a homeowner's right to resist a police officer's unlawful entry into a home, the Court decided a second case, Avery v. Avery, ___ N.E.2d ___ (Ind. 2011), Cause No. 49S05-1102-PL-76, which is likely to be even more important to Indiana's lawyers. The issue in Avery? The extent to which the Trial Rules apply to statutorily created causes of action.
Lessons:
- Will contest actions are governed by the Trial Rules.
- The failure of a defendant to answer or file a responsive pleading to a will contest complaint risks default judgment.
- Cases describing civil procedure that were decided prior to 1970 are probably not good law.
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