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IN THE

SUPREME COURT OF INDIANA

ORDER AMENDING RULES OF APPELLATE PROCEDURE


     Under the authority vested in this Court to provide by rule for the procedure employed in all courts of this state and this Court's inherent authority to supervise the administrative procedures of all courts, Rules 4 and 11 of the Indiana Rules of Appellate Procedure are amended to read as follows (deletions shown by striking and new text shown by underlining):

RULE 4. CONSIDERATION OF APPEALS

. . .
    
    (F) Order in Which Appeals Considered. All causes shall be entered on the docket of the court on appeal in the order in which they are filed. Appeals in criminal and habeas corpus cases, cases originating before the Public Service Commission Utility Regulatory Commission and the Industrial Board of Indiana Workers' Compensation Board, and all other cases entitled to precedence by operation of law shall be advanced on the docket for the consideration of the court. On written application of either party, other causes which involve the constitutionality of any law, the public revenue, public health, the settlement of trusts or estates, or which are otherwise of general public concern, may likewise be advanced by order of the court after they are fully briefed. Causes advanced as aforesaid shall be entitled to precedence in the consideration of the court.

RULE 11. REHEARING AND TRANSFERS

    (A) Rehearings. Application for a rehearing of any cause may be made by petition, separate from the briefs, signed by counsel, and filed with the clerk within thirty (30) days from rendition of the decision, stating concisely the reasons why the decision is thought to be erroneous. Such application may, if desired, be supported by briefs, but such briefs must be filed simultaneously with the petition for rehearing. Ind.Appellate Rule 12 (D) does not extend the time period for filing a petition for rehearing. Parties opposing the rehearing may file briefs within fifteen (15) days after the filing of the petition. No extension for time shall be granted for the filing of a petition for rehearing or any brief in connection therewith. An opposition brief may assert grounds which show that the decision should remain unchanged, or it may present other grounds for rehearing. A petition and any supporting brief, together, shall not exceed nine (9) pages or 4,200 words in length.

     . . .

    These amendments shall be effective January 1, 1999.
    The Clerk of this Court is ORDERED to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; The Michie Company; and West Publishing Company.
    West Publishing Company is directed to publish this order in the advance sheets of this Court.

    The Clerks of the Circuit Courts are ORDERED to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
    DONE at Indianapolis, Indiana, this _____ day of December, 1998.

                        FOR THE COURT

                                                                 _____________________________
                        Acting Chief Justice of Indiana

    

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