Legal Question in Civil Litigation in Indiana

Re: Elderly defendant wants to move to trial

Hopefully, these ladies are represented by counsel. My answer assumes this is true. If that is not the case, please advise by email and I'll give you a different response.

1. The attorney who represents these ladies, the defendants, has the ability to file a Trial Rule 41(E), which is a motion to dismiss. However, sometimes it is not in the best interests of the client to file that. Lots of factors here and I would not want you to second guess their counsel on this.

2. If there is vital testimony that needs to be preserved before any of the defendants passes away or becomes incapacitated, then a deposition should be done. This may have already been done and if so, it may be that their attorney feels it is to their advantage to remain quiet and leave things alone for now.

3. They need to ask to speak with their attorney and have him or her explain what is going on in the case. I'm sure that would not be a problem for him or her. Sometimes lawyers get so busy they do forget to advise the client as to the case status, especially when there is nothing much to advise.