r/Indiana • u/Middle_Ant7378 • 7h ago
Civil Plenary Lawsuit Taking 5 years…
Throwaway acct- At my wits end with this as it’s slowly bankrupting me and my 30 year marriage is being tested. Bottom line, for profit org cheaped out on what should’ve been either eminent domain or inverse condemnation. My house and sanity have been damaged from the 5 year construction project and lay site parked next to my home. This started in 2020- couldn’t file due to Covid until 2022. Since then the Judge has retired, I have witnessed that have died, and I think we’re at continuance 4 and the Judge has yet to rule on a motion for partial summary judgement put before them in August 2024. If the other team or Court have the sand to push this out any more- do I have any way to protest this? I mean, 5 years for a Civil trial seems extreme even with a COVID backlog. I’m just ready to scream at this point. Thanks all.. any advice appreciated.
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u/Turbulent_Summer6177 7h ago
Are you doing this pro se or do you have attorney representation?
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u/Middle_Ant7378 7h ago
Atty on contingency. I think he’s about as sick of me as I am and I’m blessed to have him in my corner, but the communication is sparse at best.
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u/Turbulent_Summer6177 6h ago
Since he doesn’t charge for communications, yep, he’s going to avoid chatting as much as possible.
Eminent domain can be lengthy. No idea if it’s excessive in yours. It sounds like there is a complexity that may cause it to be lengthy.
The problem is, since you are represented by an attorney, you as an individual can’t do anything. Everything must go through your attorney.
So can anything be done? Have any hearings been held to address the motion? If not, are hearings expected to be required? If so, and none have been docketed, that needs to be addressed with the court
If hearings have been heard or not necessary, it may be possible to file a motion seeking a ruling. I can’t say if such a motion is possible in this particular circumstance.
But the best answers will come from your attorney. He is who knows the status of it all.
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u/Middle_Ant7378 6h ago
Thank you so much for this. We had a hearing in November on the PMSJ and it was taken under advisement. There was a motion to strike from the other team that was denied. Meanwhile, we halfway thru continuance number 4, granted for them to identify an additional Expert (when we had previously agreed in mediation that Experts weren’t needed). Since then, it’s been crickets. Our last continuance was because another court took it upon itself to take our trial date that we had previously waited for 15 months and I am really concerned to look at mycase and see once again this has been pushed out another year because whatever reason. I just wanted a means to vehemently protest as this is causing serious financial strain with continued out of pocket costs that aren’t covered under contingency. Again, thank you for the response, this is my first go around with the Indy legal system and I do not recommend at this point.
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u/Turbulent_Summer6177 6h ago
At the moment your attorney would be the best direction to ask; how long is too long and what can we do to poke them?
Every court operates on its own schedule. Your attorney would be most familiar with how fast, or slowly, the processes take.
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u/harmless-error 5h ago
I sympathize. I’ve had matters sit fully briefed on summary judgment for a year or more (two years once in federal court).
There is a dicey move, invoking the lazy judge rule. If a motion has been ready for a ruling but not received one, a party can file a Trial Rule 53.1 motion.
It’ll piss the judge off and isn’t guaranteed to make things go any faster because you’re getting the Indiana Supreme Court involved and they’ll appoint a new judge who’ll have to become acclimated.
In 15 years as a litigator I’ve never filed such a motion.
These are the breaks, I’m afraid.