PER CURIAM
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This opinion states those reasons and clarifies the procedure that may be used to withdraw a case from a court that fails to rule promptly after hearing a motion related to a preliminary injunction.
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In general, if a court fails to rule on a motion within thirty days after it was heard, “upon application by an interested party, the submission of the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge.” T.R. 53.1(A). That time limitation for ruling has listed exceptions, specifically where: (1) the court within thirty days after the filing of a motion orders it considered during the trial on the merits; (2) the parties or their counsel stipulate or agree on the record that the time limitation for ruling on a motion shall not apply; (3) this Court has extended the time for ruling; or (4) the ruling involves a repetitive motion, a motion to reconsider, a motion to correct error, a petition for post-conviction relief, or a ministerial post-judgment act. T.R. 53.1(B).
Upon an interested party’s filing of a praecipe specifically designating the motion or decision delayed, the clerk of the court must enter the date and time of the filing in the clerk’s praecipe book, record the filing in the chronological case summary, and determine whether a ruling has been delayed beyond the time limitation set forth under Trial Rule 53.1[.]” T.R. 53.1(E). If the clerk determines that a ruling on a motion has been delayed beyond the time in Trial Rule 53.1(A), the clerk must give written notice to the judge and this Court that submission of the cause has been withdrawn effective as of the time of the filing of the praecipe and record that determination in the chronological case summary. T.R. 53.1(E)(2). If the clerk determines a ruling has not been delayed, the clerk must notify all parties of that fact in writing and record that determination on the chronological case summary. T.R. 53.1(E)(1).
An original action is the appropriate procedure for enforcing Trial Rule 53.1 when a court clerk erroneously fails to recognize that a ruling on a motion has been delayed and the case should be withdrawn after the filing of a praecipe. State ex rel. Koppe v. Cass Cir. Ct., 723 N.E.2d 866, 869 (Ind. 2000); Williams v. State, 716 N.E.2d 897, 900 (Ind. 1999).
Trial Rule 65 addresses the procedure for hearing preliminary injunction requests. It provides that the judge regularly assigned to the case shall act upon and hear all matters relating to temporary restraining orders and preliminary injunctions and shall act promptly. Of particular relevance here, it also provides, “Unless an order is entered within ten [10] days after the hearing upon the granting, modifying or dissolving of a temporary or preliminary injunction, the relief sought shall be subject to the provisions of Rule 53.1.” T.R. 65(A)(3).
The papers filed in this case are not entirely clear whether Crain sought relief because the court failed to rule within ten days after the preliminary injunction hearing, within thirty days after the hearing, or both. This lack of clarity and possible confusion may be attributable to the fact Trial Rule 65(A)(3) refers to entry of an order within ten days after the hearing but also refers to Trial Rule 53.1, which contains its own thirty-day time frame for ruling on motions in general. See T.R. 53.1(A). The parties cite no precedent discussing the interplay between Trial Rules 53.1 and 65(A)(3).
These rules should be interpreted in conjunction with each other to mean that unless an order is entered within ten days after the hearing upon the granting, modifying, or dissolving of a temporary or preliminary injunction, there has been a delay in ruling and an interested party may immediately praecipe for withdrawal under the procedure provided in Trial Rule 53.1(E). In other words, if a ruling involves the granting, modifying, or dissolving of a temporary or preliminary injunction and has not been entered within ten days after the hearing thereon, it is not necessary for a party to await the thirty-day period described in Trial Rule 53.1(A) before filing a praecipe for withdrawal. Upon the filing of such a praecipe, the clerk must determine the question of delay with reference to the ten-day period, not the thirty-day period.
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Because a ruling was not issued within ten days after the conclusion of the August 20 hearing and Crain thereafter filed its praecipe, it was entitled to have the case withdrawn from the court.