By Amanda Wishin | Research Attorney, Indiana Office of Court Services
On January 20, 2016, the Indiana Supreme Court issued an order authorizing a 3-year Commercial Court Pilot Project (“Pilot”) beginning June 1, 2016.
The Pilot consisted of six judges from around Indiana: Judge Craig Bobay (Allen Superior Court), Judge Stephen Bowers (Elkhart Superior Court), Judge Richard D’Amour (Vanderburgh Superior Court), Judge Maria Granger (Floyd Superior Court), Judge John Sedia (Lake Superior Court), and Judge Heather Welch (Marion Superior Court). In the first two years of the Pilot, almost 300 Commercial Court cases were filed.
The goals of the Pilot were to:
- Establish judicial practices that will help all court users by improving court efficiency
- Allow commercial disputes to be resolved efficiently with expertise and technology
- 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
- Employ and encourage electronic information technologies, and early alternative ADR interventions
Having successfully accomplished these goals, and as the pilot period comes to an end, the Indiana Supreme Court has approved the permanent establishment of the Commercial Courts. Commercial Court Rules will accompany the permanency of the Commercial Courts.
The Commercial Courts were established to be a better, more expeditious docket for complex commercial litigation. According to a U.S. Chamber of Commerce report, since the inception of the Pilot, Indiana has risen from 17th to 15th best court system for business litigants in the country.
From the start of each case, the Commercial Court judges set the tone for efficient case resolution. By employing prompt initial case management conferences and preliminary attorney conferences to set court expectations on conduct during hearings and to settle any outstanding ancillary issues between the parties to focus on the parties’ substantive claims, the Commercials Courts have found success reaching this goal.
At these early case management conferences, the Commercial Court judges also thoughtfully explore early Alternative Dispute Resolution (ADR) and the best timing for cost-effective ADR. Additionally, the Commercial Court judges make it a point to quickly set hearings in matters involving temporary restraining orders and preliminary injunctions on restrictive employment contracts and trade secrets. The judges consistently make themselves available to litigants in time-sensitive matters and have been able to produce orders in as little as a day for emergency circumstances.
Looking at a sample of the raw data since June 1, 2016, the Commercial Courts issue Orders on Motions to Dismiss in an average of 26 days, Motions for Preliminary Injunction in 15 days, and Motions for Summary Judgment in 24 days.
With the help of law clerks, Commercial Courts’ orders are not only issued quickly, but with great thoroughness. The Commercial Courts’ ability to meticulously research issues and provide well-reasoned decisions for appellate review has helped develop Indiana law in areas such as venue, service, injunctive relief, and trade secrets.
The Commercial Courts have also employed and encouraged electronic information technologies, like telecommunication and eDiscovery technology.
Appearance by conference call has assisted with the resolution of injunctive matters on several occasions. eDiscovery has proven an essential aspect of many Commercial Court cases. Sophisticated litigants often have years of records and communications relevant to the matters before the Commercial Court.
The Commercial Courts have been able to judiciously resolve discovery disputes by mandating the use of cutting-edge eDiscovery measures such as predictive coding to pare down an overwhelmingly voluminous number of records to a manageable and relevant pool.
As part of the Pilot, the Supreme Court also established a working group consisting of the Pilot judges, Justice Steven David, Professor Frank Sullivan, legislators, litigators, and a representative from the Indiana Chamber of Commerce. This working group will continue permanently to study best practices, consider successes and failures of the Commercial Court, and work to make recommendations and implement changes, so the model improves.
The working group will also be gauging interest in additional counties’ future voluntary participation and studying caseloads in other counties for possible expansion.
Learn more about Indiana’s Commercial Courts and how to employ their best practices in your own court at the Spring Judicial Conference.
For additional information on the Commercial Courts Pilot Project, please contact Amanda Wishin at (317) 232-1313 or [email protected].