(A) Time limitation for holding matter under advisement. Whenever a cause (including for this purpose a petition for post conviction relief) has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the trial judge and transferred to the Supreme Court for the appointment of a special judge. (B) Exceptions. The time limitation for holding an issue under advisement established under Section (A) of this rule shall not apply where:
(1) The parties who have appeared or their counsel stipulate or agree on record that the time limitation for decision set forth in this rule shall not apply; or (2) The time limitation for decision has been extended by the Supreme Court pursuant to Trial Rule 53.1(D). (C) Time of decision. For the purpose of Section (A) of this rule, a court is deemed to have decided on the date the decision is noted in the Chronological Case Summary. (D) Extension of time for decision. The procedure for extending the time limitation for decision shall be as set forth in Trial Rule 53.1(D).(E) Procedure for withdrawing submission. The procedure for withdrawing submission and processing the appointment of a special judge shall be as set forth in Trial Rule 53.1(E).(F) Report to Supreme Court. Whenever a special judge is appointed pursuant to this rule, the judge from whom submission has been withdrawn shall file a report with the Supreme Court as provided for in Trial Rule 53.1(F).
