Indiana courts now require greater care from everyone who files a document. The updated Trial Rules 11, 11.1, and 11.2 took effect on August 1, 2026, creating clearer responsibilities for attorneys and people representing themselves: and stronger responses to abusive litigation and fabricated legal citations.
For families navigating divorce, custody, parenting time, or support disputes, these changes matter. We know family court cases can be emotionally and legally complex. Our goal is to provide clear, tailored, and solution-oriented guidance so you can protect your interests without adding unnecessary cost, delay, or conflict.
What Changed on August 1, 2026?
The Indiana Supreme Court amended Trial Rule 11 and added two related rules:
- Trial Rule 11 applies to filings submitted by parties represented by attorneys.
- Trial Rule 11.1 applies to filings submitted by people who do not have attorneys.
- Trial Rule 11.2 addresses abusive litigation and provides courts with tools to restrict harmful filing practices.
The rules apply to pleadings, motions, and other submissions to the court. They also expressly cover filings prepared with assistance from artificial intelligence, internet research, or other resources.
That means using an online template or an AI tool does not transfer responsibility away from the person signing the filing. The signer remains responsible for what is submitted to the court.
What Attorneys Must Now Certify Under Trial Rule 11
When an attorney signs a filing for a represented client, the signature certifies several important points. The attorney is certifying that they:
- Read the pleading, motion, or other submission.
- Have a reasonable basis for the factual statements.
- Have evidentiary support for factual claims: or have specifically identified claims that are likely to gain support after a reasonable opportunity for investigation or discovery.
- Have a reasonable basis for denying factual claims.
- Are presenting legal arguments supported by existing law or by a nonfrivolous argument for changing or developing the law.
- Have verified that any cited legal authority is authentic.
- Are not filing the document to delay the case or harass another person.
This is especially important when legal research or drafting involves AI. AI tools can produce language that sounds authoritative while citing a case that does not exist, misstating a holding, or attributing a legal rule to the wrong court.
Under the amended rule, an attorney cannot rely on the fact that a computer program, website, or AI tool produced the citation. Legal authority must be independently checked before it is included in a filing.
The court may strike a filing that does not comply with Trial Rule 11. That can remove an argument from consideration and require additional work to correct the problem.
What Self-Represented Litigants Must Certify Under Trial Rule 11.1
Trial Rule 11.1 creates a separate certification rule for people representing themselves, sometimes called self-represented or pro se litigants.
A self-represented person’s signature certifies that:
- They have read the filing.
- Their factual statements have evidentiary support, or are specifically identified as likely to gain support after reasonable investigation or discovery.
- Their denials are reasonably based on the evidence or on a lack of information.
- Their legal arguments are supported by existing law or a nonfrivolous argument for changing the law.
- Any cited legal authority is authentic.
- The filing is not being submitted to delay the case or harass another person.
Self-represented parties must also provide required contact information, subject to rules protecting certain information from public access.
These requirements do not mean that you must understand every legal procedure before you can ask the court for help. They do mean that court filings should be based on accurate facts, genuine evidence, and verified legal authority.
If you are unsure whether a claim, response, exhibit, or motion is appropriate, speak with a family law attorney in Bloomington, Indiana before filing whenever possible.
What Counts as Abusive Litigation?
Trial Rule 11.2 gives Indiana courts a framework for responding to repeated or serious misuse of the court system. The rule defines an abusive litigant as a filer who engages in conduct that may include:
- Frivolous, unreasonable, groundless, or repetitive claims.
- Litigation pursued in bad faith.
- Fictitious or fabricated legal authorities.
- Egregious violations of the Trial Rules.
- Egregious violations of the Rules on Access to Court Records.
The court may consider a person’s litigation history. A court can act on its own initiative or after a party files a motion asking for action.
A single mistake or unsuccessful argument does not automatically make someone an abusive litigant. Courts still evaluate the conduct and circumstances of the case. The rule is directed at patterns or serious misuse that interfere with the fair and efficient administration of justice.
What Restrictions Can a Court Impose?
If a court finds that someone is an abusive litigant, it may impose reasonable restrictions tailored to the specific conduct. These restrictions can include requiring the person to:
- Submit an affidavit under penalty of perjury confirming that future allegations are true to the best of their knowledge and belief.
- List previous cases involving the same or related issues.
- Keep future pleadings short, plain, and direct.
- State the requested relief clearly at the beginning of each motion.
- Provide specific page citations to documents supporting an argument.
- Explain why a new case is not barred by prior litigation or decisions.
- Limit requests for reconsideration or repetitive motions.
- Stay within page or word limits.
- Use shorter filing titles.
- Limit the length or number of exhibits and attachments.
- Meet additional conditions related to filing-fee waivers when permitted by law.
These remedies are intended to reduce abusive practices while preserving meaningful access to the courts. The restrictions are not necessarily permanent, and they should be connected to the conduct the court is addressing.
What Are the Possible Consequences?
Trial Rule 11 allows a court to strike a noncompliant filing. Trial Rule 11.2 also allows stronger sanctions after an opportunity for a hearing when the court finds bad faith or determines that earlier remedies have failed.
Possible sanctions include:
- Default judgment.
- Dismissal with prejudice.
- Payment of reasonable expenses.
- Payment of reasonable attorney’s fees.
The rule permits sanctions against a filer or an attorney whose conduct resulted in the court’s finding. In practical terms, abusive filings can affect not only the court’s view of the case, but also the parties’ financial exposure and ability to present future arguments.
Why These Rules Matter in Divorce and Custody Cases
Family law cases often involve frequent filings. A party may submit a petition, response, motion, affidavit, proposed parenting plan, discovery response, or request for emergency relief. Each filing can affect parenting time, decision-making authority, support, property, or the safety and stability of children.
In a contentious case, repeated motions or unsupported accusations can increase conflict and expense. New Trial Rule 11.2 gives courts additional tools to address filing practices that are repetitive, groundless, harassing, or made in bad faith.
The rules also reinforce an important principle: serious factual claims should be supported by evidence. Allegations involving substance use, domestic violence, mental health, financial misconduct, or parenting concerns can have significant consequences. They should be presented carefully, respectfully, and with appropriate documentation.
A well-prepared filing helps the court understand:
- What happened.
- What evidence supports the claim.
- What legal relief is being requested.
- Why that relief serves the child’s best interests or protects the party’s legal rights.
This careful approach can save time, reduce avoidable disputes, and keep the case focused on practical solutions.
Practical Steps for Families Filing in Indiana
Whether you have an attorney or are considering representing yourself, we recommend taking these steps:
Verify every case citation
Do not assume a case cited by an AI tool, search engine, online form, or another document is real or accurately described. Use official Indiana sources or ask an attorney to verify the authority.
Separate facts from conclusions
Identify what you personally know, what documents show, and what another person reported. Avoid presenting assumptions or conclusions as established facts.
Preserve supporting evidence
Keep relevant messages, emails, photographs, financial records, calendars, school records, medical records, and other documents in their original form. Do not alter or delete potentially relevant information.
Focus each filing on a specific request
A motion should clearly explain what you want the court to do and why. Long, repetitive, or emotionally charged filings can make it harder for the court to identify the issue that requires a decision.
Avoid filing simply to respond emotionally
Court filings are not the same as private communications. If the other party submits something upsetting or inaccurate, pause before responding. A measured and evidence-based response is usually more effective than an immediate reaction.
Get advice before a serious filing
A consultation with a divorce lawyer in Indiana can help you understand whether a filing is necessary, what evidence is relevant, and how to present your position clearly and efficiently.
How Sutton Law Office Can Help
At Sutton Law Office, we provide compassionate and practical representation for families facing divorce, custody, parenting-time, support, and other domestic relations matters.
We help you assess the legal issue, organize relevant evidence, prepare clear filings, and pursue strategies tailored to your goals. When conflict is high, we remain focused on protection, efficiency, and the best possible outcome: not unnecessary escalation.
Our client-centered approach is grounded in genuine empathy, transparent value-based billing, and solution-oriented advocacy. With more than two thousand cases handled across our team, we understand how to guide neighbors through challenging legal circumstances with care and accountability.
Indiana’s new court rules reinforce the importance of accurate, focused, and ethical litigation. You do not have to navigate those requirements alone.
Contact Sutton Law Office or book a consultation to discuss your family law matter.
This article provides general legal information and is not legal advice. The application of Trial Rules 11, 11.1, and 11.2 depends on the facts and procedural history of each case. Speak with an Indiana attorney about your specific situation.
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