Indiana

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

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. 

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.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on September 04, 2009 (boomark / email).