Friday, September 4, 2009

Indiana Family Law: Where the Law Comes From - Part 2

Yesterday, I discussed the role of Indiana's General Assembly in Indiana Family Law:  Where the Law Comes From - Part 1.  Our topic today consists of the Indiana Supreme Court's role in creating the rules governing Indiana family law.

Two rules specifically deal with family law matters: Child Support and Parenting Time. Other general rules apply to family law cases are Trial Procedure, Evidence and Appellate Procedure.  (For all the rules, go here).

Not that the five justices of our Supreme Court actually write the rules.  The Indiana Supreme Court leaves that job to the Committee on Rules of Practice and Procedure.  This explains their duties:

Except in emergencies or as direct by the Court, the Committee publishes proposed amendments by December 1 each year for public comment. Following a 60-day comment period, the Committee studies the comments received, makes appropriate amendments, and then submits a final draft of each proposal and any comments to the Court by May 1. 

The Indiana Supreme Court maintains a web page for its rule changes here.

Let me explain that these rules tell the courts (and us) how to operate within the courts.  Remember that we have a separation of powers between the legislature and the judiciary.

There remains one more source of law:  case law.  That I will take up tomorrow.


Judith said...

So you don't go in for divine intervention much in Indiana then!We don't get a lot of it in the English legal system these days either.

Sam Hasler said...

lol, divine intervention? Not unless we count where some judges gets their "inspiration".