Clerk of the Appellate Courts
Frequently Asked Questions (FAQ)
 
  1. When did the revised Rules of Appellate Procedure become effective?

    The revised Rules of Appellate Procedure became effective on January 1, 2001. The revised Rules are applicable in their entirety to all appeals and other proceedings initiated on or after January 1, 2001. Appeals initiated prior to January 1, 2001, are governed by the former Rules of Appellate Procedure throughout the appeal except as follows:

    • Revised Appellate Rule 25(C) provides generally for an automatic three-day extension of time to file responses to documents served by a party by mail, rather than five days under the old rules.
    • Proceedings on petitions for rehearing, petitions to transfer, and petitions for review of a Tax Court decision are governed by the revised rules if the first petition is filed on or after January 1, 2001.
  2. How do I initiate an appeal before the Indiana Court of Appeals?

    See Rule 9 of the Indiana Rules of Appellate Procedure ("App.R.").

  3. How do I initiate an appeal before the Indiana Supreme Court?

    See App.R. 9, 56, 59, and 60.

  4. How do I apply for transfer to the Indiana Supreme Court?

    See App.R. 56.

  5. What is the fee for filing an appeal?

    $250.00 for filing of the copy of the Notice of Appeal (original filed in the trial court) with the Supreme Court or Court of Appeals. See App.R. 9.

    $125.00 for filing a petition to transfer to the Supreme Court or for review by the Supreme Court of a decision by the Tax Court.

    $120.00 for the initiation of a case in the Tax Court.

  6. How many copies of motions, petitions, brief, and other documents are required? See App.R. 23(C).

    Appellant's Case Summary/Notice of Appearance Original and one (1) copy
    Motions for Extension of Time, to withdraw Record, to withdraw Appearance, or to File Oversized Document Original and one (1) copy
    All other motions and responses Original and five (5) copies
    Briefs, Additional Authorities, and Petitions for Rehearing, Transfer, or Review Original and eight (8) copies.
    Appendices One (1) copy.

  7. What are the page and word limitations on filings? How must my documents be bound, and what color should my brief cover be?

    See App.R. 43, Form of Briefs and Petitions; App.R. 44, Brief and Petition Length Limitations; App.R. 46, Arrangement and Contents of Briefs.

  8. The appellant's counsel has served me with a copy of his brief that is not file-stamped and which does not indicate the appellate cause number. How can I find out when the appellee's brief is due and the appellate cause number?

    Contact the Clerk's office and ask for the filing date of the appellant's brief. Once you have the filing date you can determine when the appellee's brief is due. See App.R. 45. If the appellant's attorney has not provided you with the appellate cause number, the Clerk's office can provide it to you.

  9. How do I file documents with the appellate courts?

    See App.R. 23, Filing, and App.R. 24, Service of Documents.

  10. What are the business hours of the Clerk's office?

    The Clerk's office is open 8:00 a.m to 5:00 p.m., Monday through Friday, except on State holidays. After 5:00 p.m., filings may be left in the Rotunda Filing Drop Box, located inside the second floor east entrance to the State House. Filings that are in compliance with the Rules of Appellate Procedure will be file-stamped as of the date and time they are deposited in the Rotunda Filing Drop Box. Filings deposited on a Saturday, Sunday, or state holiday will be file-stamped as of the date of the next business day.

  11. What if my brief is due on a Saturday, a Sunday or a holiday?

    See App.R. 25, Computation of Time.

  12. If I submit a document for filing by mail, is it considered "filed" when it is mailed?

    Provided the document is in proper form, the document is deemed filed as of the date it is placed in the United States mail, postage prepaid and properly addressed to the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court. The postmark on the envelope creates a rebuttable presumption that document was placed in the mail on the date indicated by the postmark.

  13. May I file documents by facsimile transmission (fax)?

    The Appellate Rules do not provide for filing by fax.

  14. Do I get three extra days to file if the document I am responding to was served on me by mail?

    See App.R. 25(C).

 
Last modified on Thursday, November, 01, 2007  
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