Rule 9.2.Pleading and proof of written instruments
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 9.2
Amendment History
This rule’s current text took effect July 15, 2021. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
When a claim rests on a written document, Rule 9.2 wants that document in front of the court from the start rather than described secondhand. Section (A) requires the original or a copy of the instrument to be attached to or filed with the pleading. A claim on a written contract needs a copy attached, though not having a copy on hand does not stop the claim from being filed. A claim on an account instead needs a sworn Affidavit of Debt in the form the rule specifies.
The rule goes further for a particular kind of case: a plaintiff who is not the original creditor, suing on a personal, family, or household debt. That plaintiff — typically a debt buyer — must file an Affidavit of Debt with supporting exhibits: a copy of the signed contract or account-opening documents (or, for credit-card debt with no signed writing, the records generated when the debt was incurred or the card was used), a chronological list of every prior owner of the debt and when it changed hands, and a certified or otherwise authenticated bill of sale or other document transferring ownership to the plaintiff. This chain-of-title requirement does not apply to mortgage foreclosures.
Sections (B) through (D) handle proof of execution — whether the document was signed, indorsed, or assigned as claimed. If the instrument or a copy is filed with the pleading, execution is treated as established and the document comes into evidence without further proof, unless the other side denies execution under oath in their answer or by affidavit. That denial has to rest on personal knowledge, not just belief. The party relying on the instrument still carries the ultimate burden of proving execution, but the rule presumes execution until the other side introduces evidence supporting its nonexistence.
Section (E) gives any party the right to inspect the original document once a copy has been filed, with narrow exceptions for a lost original or one outside the filer’s control; refusing a proper request can bring discovery sanctions. Section (F) lets a court fix a missing-instrument problem by ordering compliance or allowing amendment rather than automatically dismissing the case. Section (G) excuses parties who are dead, minors, incompetent, insolvent, or otherwise not required to answer from having to deny execution under oath. Section (H) defines what “execution” means — genuine, authorized signature, proper delivery, no unauthorized alteration of terms, possession by the person enforcing it, and correctly identified parties.
Frequently Asked Questions
Do I have to attach the contract to my complaint if I am suing for breach of contract?
Generally, yes. If your claim arises out of a written contract, Rule 9.2(A) requires a copy to be attached to the pleading, though not having custody of a copy does not bar filing the claim.
What if I am suing on an unpaid account instead of a signed contract?
Rule 9.2(A) requires an Affidavit of Debt in the form the rule specifies, rather than a copy of a signed contract.
I bought someone’s old debt and want to sue on it — what extra proof does Indiana require?
If you are not the original creditor and the debt is a personal, family, or household debt, Rule 9.2(A)(2) requires a detailed Affidavit of Debt with exhibits: the signed contract or original account documents, a chronological chain of every prior owner of the debt, and a certified document transferring ownership to you. This requirement does not apply to mortgage foreclosures.
How do I challenge whether I signed a document attached to a lawsuit against me?
You must deny execution under oath in your answer, or by a separate affidavit based on personal knowledge. Without that sworn denial, the document is treated as authentic and comes into evidence without further proof.
What counts as “execution” of a document under this rule?
Rule 9.2(H) defines it to include a genuine, authorized signature; proper delivery with the intent to be effective; no unauthorized material alteration of the terms; possession of the instrument by the person enforcing it when required; and correctly identified parties.
Can I inspect the original document if only a copy was filed with the pleading?
Yes. Rule 9.2(E) requires the filer to permit inspection of the original on request, with limited exceptions, such as a lost original. Refusing a proper request can bring the same sanctions as a discovery violation.
What happens if the other side forgets to attach a required document?
The court has discretion under Rule 9.2(F) to order compliance, allow an explanation, or let the case proceed without further pleading, and the omission can typically be corrected by amendment.