Supreme Court’s Trial Rule Amendments Target Abusive Litigation, Fabricated Authorities, and AI-Assisted Filings

Citing growing concerns over frivolous filings, abusive litigants, fabricated legal authorities, AI-assisted submissions, and the resulting strain on limited judicial resources, the Indiana Supreme Court adopted sweeping amendments to Trial Rule 11 on July 14, 2026. The amendments, which include new Trial Rules 11.1 and 11.2, became effective August 1, 2026.

One of the most significant changes is the creation of separate certification rules for represented and self-represented litigants. Revised Trial Rule 11 governs filings submitted by parties represented by counsel, while new Trial Rule 11.1 applies to parties proceeding without an attorney. Both rules require the filer to certify that factual contentions have evidentiary support; legal contentions are warranted by existing law or by a nonfrivolous argument for changing the law; cited authorities are authentic; and the filing is not presented for purposes of delay or harassment. Both rules expressly apply to filings prepared with the assistance of artificial intelligence, the internet, or other resources and authorize courts to strike noncompliant filings.

The Court also adopted Trial Rule 11.2 to address litigation abuses. The rule authorizes a trial court, either on a party’s motion or sua sponte, to designate a filer as an abusive litigant after considering the filer’s litigation history. It targets frivolous, unreasonable, groundless, repetitive, or bad-faith litigation; the use of fictitious legal authorities; and egregious violations of procedural rules and rules governing access to court records.

Upon finding that a litigant is abusive, the court may impose restrictions tailored to the misconduct at issue. Available remedies include affidavit requirements, mandatory disclosure of prior related litigation, limits on repetitive motions, page and exhibit limitations, and other filing restrictions designed to curb abusive litigation while preserving access to the courts.

If those remedies prove ineffective, or if the court finds that the litigant acted in bad faith, Trial Rule 11.2 further authorizes a trial court’s imposition of various sanctions following opportunity of hearing, including dismissal with prejudice, default judgment, payment of reasonable expenses, and an award of attorney’s fees.

Importantly, Trial Rule 11.2 does not displace existing remedies. The rule expressly provides thatacourtmayalsoaddressimproperpleadingsunderTrialRule11, Trial Rule11.1, Trial Rule 12(F), or any other applicable authority. The remedies available under Trial Rule 11.2 are therefore cumulative of other sanctions and remedies available under the Indiana Trial Rules, statute, and the court’s inherent authority. Courts retain broad discretion to strike filings, impose filing restrictions, award attorney’s fees and expenses, enter default judgments or dismissals, and employ other remedies authorized by law when confronted with abusive litigation conduct.

Taken together, the amendments provide Indiana courts with a cohesive framework for imposing substantially similar certification obligations on attorneys and self-represented litigants while furnishingtrialcourtswithpowerfulnewtoolstoaddressabusivelitigation.Thenewrulesmake clear that all filers, whether represented by counsel or proceeding pro se, bear responsibility for the accuracy and evidentiary support of their factual contentions and for the authenticity and legal support of the authorities presented to the court. At the same time, Trial Rule 11.2 equips courts with broad authority to impose tailored filing restrictions, award attorney’s fees and expenses, and impose additional sanctions when abusive litigation practices threaten the fair and efficient administration of justice.

For questions, contact a member of the firm's litigation team.