Indiana Rules of Court
Rules of Appellate Procedure
TITLE 1 - SCOPE, DEFINITIONS, FORMS
A. Administrative Agency
B. Appellant's Case Summary
C. Appendix
D. Clerk
E. Clerk's Record
F. Court and Court on Appeal
G. Criminal Appeals
H. Final Judgment
I. Notice of Appeal
J. Petition
K. Transcript
L. Record on Appeal
M. Rules
N. Case Record and Case Records Excluded from Public Access
TITLE II - JURISDICTION
Rule 4. Supreme Court Jurisdiction.
A. Appellate Jurisdiction
1. Mandatory Review
2. Discretionary Review
B. Other Jurisdiction
1. The Practice of Law
2. Supervision of Judges
3. Supervision of Courts
4. Issuance of Writs
Rule 5. Court of Appeals Jurisdiction.
A. Appeals from Final Judgments
B. Appeals from Interlocutory Orders
C. Appeals from Agency Decision
1. Jurisdiction
2. Assignment of Errors
Rule 6. Appeal or Original Action in Wrong Court.
A. Availability
B. Scope of Review
Rule 8. Acquisition of Jurisdiction.
TITLE III - INITIATION OF APPEAL
Rule 9. Initiation of the Appeal.
A. Filing the Notice of Appeal
1. Appeals from Final Judgments
2. Interlocutory Appeals
3. Administrative Appeals
4. Abolition of Praecipe
5. Forfeiture of Appeal
B. Death Penalty Cases
C. Joint Appeals
D. Cross-Appeals
E. Payment of Filing Fee
F. Content of Notice of Appeal
1. Designation of Appealed Order or Judgment
2. Designation of Court to which Appeal is Taken
3. Direction of Assembly of Clerk’s Record
4. Request for Transcript
G. Supplemental Request for Transcript
H. Payment for Transcript
I. Administrative Agency Appeals
J. Documents and Information Excluded from Public Access and Confidential Pursuant to Administrative Rule 9(G)(1)
Rule 10. Duties of Trial Court Clerk or Administrative Agency.
A. Notice to Court Reporter of Transcript Request
B. Assembly of Clerk's Record
C. Notice of Completion of Clerk's Record
D. Notice of Completion of Transcript
E. Extension of Time to Complete Clerk's Record
F. Failure to File Notice of Completion of Clerk’s Record
G. Failure to File Notice of Completion of Transcript
Rule 11. Duties of Court Reporter.
A. Preparation of Transcript
B. Deadline for Filing Transcript
C. Extension of Time to File Transcript
D. Failure to Complete Transcript
Rule 12. Transmittal of the Record.
A. Clerk's Record
B. Transcript
C. Access to Record on Appeal
D. Appeals from Administrative Agencies
Rule 13. Preparation of the Record in Administrative Agency Cases.
Rule 14. Interlocutory Appeals.
A. Interlocutory Appeals of Right
B. Discretionary Interlocutory Appeals
1. Certification by the Trial Court
a. Time for Filing Motion
b. Content of the Motion in the Trial Court
c. Grounds for Granting Interlocutory Appeal
d. Response to Motion
e. Ruling on Motion by the Trial Court
2. Acceptance of the Interlocutory Appeal by the Court of Appeals
a. Time for Filing Motion in the Court of Appeals
b. Content of the Motion in the Court of Appeals
c. Attachments to Motion
d. Response to Motion
3. Filing of Notice of Appeal
C. Statutory Interlocutory Appeals
D. Clerk's Record and Transcript
E. Briefing
F. Shortening or Extending Time
1. Extensions
2. Shortening Deadlines
G. Stay of Trial Court Proceedings
Rule 14.1 Expedited Appeal for Payment of Placement and/or Services
A. Applicability
B. Notice of Expedited Appeal
C. Transcript and Record
D. Memoranda
E. Extensions of Time
F. Rehearing on Appeal
G. Outcome of Appeal
H. Petition to Transfer
I. Certification of Opinion
J. Service
Rule 15. Appellant's Case Summary.
A. Who Must File
B. Date Due
C. Content
1. Party Information
2. Trial Information
3. Transcript Information
4. Appeal Information
D. Attachments
E. Failure to File
A. Initiating Parties
B. Responding Parties
C. Parties to Certified Federal Question
D. Amicus Curiae
E. Correction of Information
F. Appearance on Transfer or Review
G. Withdrawal of Appearance
A. Trial Court or Administrative Agency Parties
B. Death or Incompetence of Party
C. Substitution of Parties
1. Automatic Substitution for Public Officers in Official Capacities
2. Substitution of Parties
Rule 18. Appeal Bonds – Letters of Credit.
Rule 19. Court of Appeals Pre-appeal Conference.
A. Subjects for Conference
B. Sanctions
Rule 20. Appellate Alternative Dispute Resolution.
TITLE IV-GENERAL PROVISIONS
Rule 21. Order in Which Appeals are Considered.
A. Expedited Appeals
B. Motion for Expedited Consideration
A. Citation to Cases
B. Citation to Indiana Statutes, Regulations, Court Rules and County Local Court Rules
C. References to the Record on Appeal
D. References to Parties
E. Abbreviations
A. Time for Filing
B. Clerk's Functions
C. Number of Copies
1. Appellant’s Case Summary and Appearances
2. Motions
3. Briefs, Petitions, Additional Authorities
4. Authorization or Affidavit in Forma Pauperis Proceedings
5. Appendices
6. Other Documents
D. Received but not Filed
Rule 24. Service of Documents.
A. Required Service
B. Time for Service
C. Manner and Date of Service
D. Certification of Service
A. Non-Business and Business Days
B. Counting Days
C. Extension of Time When Served by Mail or Carrier
Rule 26. FAX Transmission by Clerk.
A. Optional FAX Transmission Available
B. Request for FAX Transmittal
C. Clerk's Functions
TITLE V-RECORD ON APPEAL
Rule 27. The Record on Appeal.
Rule 28. Preparation of Transcript in Paper Format by Court Reporter.
A. Paper Transcript
1. Paper
2. Numbering
3. Margins
4. Header Notations
5. Typing
6. Binding
7. Title Page and Cover
8. Table of Contents
B. Certification
C. Copy of Paper Transcript in Electronic Format
A. Documentary Exhibits
B. Nondocumentary and Oversized Exhibits
Rule 30. Preparation of Transcript in Electronic Format Only.
A. Preparation of Electronic Transcript
1. Approval by Court of Appeal
2. Transcription of Evidence
3. Technical Standards
4. Exhibits
5. Labeling
6. Certification of Electronic Record
B. Submission of Electronic Transcript
C. Processing of Electronic Transcript by Clerk
Appendix B – Standards for Preparation of Electronic Transcripts Pursuant to Appellate Rule 30.
Rule 31. Statement of Evidence When No Transcript is Available.
A. Party's Statement of Evidence
B. Response
C. Certification by Trial Court or Administrative Agency
D. Controversy Regarding Action of Trial Court Judge or Administrative Officer
Rule 32. Correction or Modification of Clerk's Record or Transcript.
A. Submission of Disagreement Regarding Contents to Trial Court or Administrative Agency
B. Transmission of Order
Rule 33. Record on Agreed Statement.
A. Applicability
B. Content
C. Certification by Trial Court or Administrative Agency
D. Transmission to the Appellate Court
E. Extensions of Time
TITLE VI-MOTIONS
A. Use of Motion
B. Motions Subject to Decision Without Response
C. Response
D. Reply
E. Content of Motions, Responses, and Replies
1. Statement of Grounds
2. Statement of Supporting Facts
3. Statement of Supporting Law
4. Other Required Matters
5. Request for Relief
F. Verification of Facts Outside the Record on Appeal
G. Form of Motions, Responses, and Replies
1. Form; Citations; References
2. Length
H. Oral Argument
Rule 35. Motion for Extension of Time.
A. Time for Filing
B. Content
1. Required in All Motions
2. Criminal Appeals
C. Proceedings in Which Extensions Are Prohibited
D. Restrictions on Extensions
A. Voluntary Dismissal
B. Involuntary Dismissal
A. Content of Motion
B. Effect of Remand
Rule 38. Motion to Consolidate Appeals.
A. Cases Consolidated at Trial or Hearing
B. Cases Consolidated on Appeal
A. Effect of Appeal
B. Motion in Trial Court or Administrative Agency
C. Motion in Court on Appeal
D. Proposed Orders for Emergency Stays
E. Bond
F. Length of Stay
Rule 40. Motion to Proceed In Forma Pauperis.
A. Appeal from a Trial Court
1. Prior Authorization by the Trial Court
2. Motion to the Trial Court
3. Revocation of Authorization by the Trial Court
4. Motion to the Court on Appeal
B. Appeal from an Administrative Agency
C. Filings Required in the Appellate Court
D. Effect of In Forma Pauperis Status
Rule 41. Motion to Appear as Amicus Curiae.
A. Content
B. Time for Filing
C. Tender of Brief
D. Belated Filing
TITLE VII-BRIEFS
Rule 43. Form of Briefs and Petitions.
A. Applicability
B. Paper
C. Production
D. Print Size
E. Spacing
F. Numbering
G. Margins
H. Cover Colors
I. Cover Content
J. Binding
K. Copy of Document in Electronic Format
Rule 44. Brief and Petition Length Limitations.
A. Applicability
B. Oversized Brief
C. Items Excluded from Length Limits
D. Page Limits
E. Word Limits
F. Form of Word Count Certificate
Rule 45. Time for Filing Briefs.
A. Applicability
B. Filing Deadlines
1. Appellant’s Brief
2. Appellee’s Brief
3. Appellant’s Reply Brief; Cross-Apellee’s Brief
4. Cross-Appellant’s Reply Brief
C. Extensions of Time
D. Failure to File Timely
Rule 46. Arrangement and Contents of Briefs.
A. Appellant's Brief
1. Table of Contents
2. Table of Authorities
3. Statement of Supreme Court Jurisdiction
4. Statement of Issues
5. Statement of Case
6. Statement of Facts
7. Summary of Argument
8. Argument
9. Conclusion
10. Appealed Judgment or Order
11. Word Court Certificate
12. Certificate of Service
B. Appellee's Brief
1. Agreement with Appellant’s Statement
2. Argument
3. Rule 40(A)(1)
C. Appellant's Reply Brief
D. Cross-Appeals
1. Designation of Parties is Cross-Appeals
2. Appellee’s Brief
3. Appellant’s Reply Brief
4. Cross-Appellant’s Reply Brief
5. Scope of Reply Briefs
E. Brief of Amicus Curiae
1. Preparation
2. Avoiding Repetition
F. Appendix
G. Cases with Multiple Appellants or Appellees
Rule 47. Amendment of Briefs and Petitions.
Rule 48. Additional Authorities.
TITLE VIII-APPENDICES
Rule 49. Filing of Appendices.
A. Time for Filing
B. Failure to Include Item
Rule 50. Contents of Appendices
A. Appendices in Civil Appeals and Appeals from Administrative Agencies
1. Purpose
2. Contents of Appellant’s Appendix
3. Appellee’s Appendix
B. Appendices in Criminal Appeals
1. Contents of Appellant’s Appendix
2. Appellee’s Appendix
C. Table of Contents
D. Supplemental Appendices
E. Cases with Multiple Appellants or Appellees
Rule 51. Form and Assembly of Appendices.
A. Copying
B. Order of Documents
C. Numbering
D. Binding
E. Cover
TITLE IX-ORAL ARGUMENT
Rule 52. Setting and Acknowledging Oral Argument.
A. Court's Discretion
B. Time for Filing Motion for Oral Argument
C. Acknowledgment of Order Setting Oral Argument
Rule 53. Procedures for Oral Argument.
A. Time Allowed
B. Order and Content of Argument
C. Multiple Counsel and Parties
D. Cross-Appeals
E. Amicus Curiae
F. Use of Physical Exhibits at Argument; Removal
G. Non-Appearance at Argument
TITLE X-PETITIONS FOR REHEARING
A. Decisions from Which Rehearing May Be Sought
B. Time for Filing Petition
C. Brief in Response
D. Reply Brief Prohibited
E. Content and Length
F. Form and Arrangement
Rule 55. Transfer and Rehearing Sought by Different Parties.
TITLE XI-SUPREME COURT PROCEEDINGS
Rule 56. Requests to Transfer to the Supreme Court.
A. Motion Before Consideration by the Court of Appeals
B. Petition After Disposition by the Court of Appeals; Filing Fee
Rule 57. Petitions to Transfer and Briefs.
A. Applicability
B. Decisions from Which Transfer May Be Sought
C. Time for Filing Petition
D. Brief in Response
E. Reply Brief
F. Form and Length Limits
G. Content and Arrangement of Petition to Transfer
1. Question Presented on Transfer
2. Table of Contents
3. Background and Prior Treatment of Issues on Transfer
4. Argument
5. Conclusion
6. Word Count Certificate
7. Certificate of Service
H. Considerations Governing the Grant of Transfer
1. Conflict in Court of Appeals’ Decision
2. Conflict with Supreme Court Decision
3. Conflict with Federal Appellate Decision
4. Undecided Question of Law
5. Precedent in Need of Reconsideration
6. Significant Departure From Law or Practice
Rule 58. Effect of Supreme Court Ruling on Petition to Transfer.
A. Effect of Grant of Transfer
B. Effect of the Denial of Transfer
C. Supreme Court Evenly Divided
Rule 59. Mandatory Appellate Review and Direct Review.
A. Mandatory Appeals
B. Direct Review
Rule 62. Appeals Involving Waiver of Parental Consent to Abortion.
A. Applicability
B. Permitted Parties
C. Appeal by Minor or Her Physician
D. Appeal by State or Other Party
E. Decision by the Supreme Court
Rule 63. Review of Tax Court Decisions.
A. Review of Final Judgment or Final Disposition
B. Rehearing
C. Time for Filing Petition
D. Brief in Response
E. Reply Brief
F. Review of Interlocutory Orders
G. Form and Length Limits
H. Fiscal Impact
I. Considerations Governing the Grant of Review
1. Conflict in Tax Court or Court of Appeals Decisions
2. Conflict with Supreme Court Decision
3. Undecided Question of Law
4. Precedent in Need of Reconsideration
5. Conflict with Federal Appellate Decision
6. Significant Departure from Law or Practice
J. Effect of Denial of Review
K. Effect of Grant of Review
L. Briefing After Petition Granted
1. Petitioner’s Brief
2. Brief in Response
3. Reply Brief
4. Form and Length
5. Extensions
M. Record for Review
1. Clerk’s Record
2. Transcripts
N. Filing Fee
O. Applicability of Other Appellate Rules
P. Supreme Court Evenly Divided
Rule 64. Certified Questions of State Law from Federal Courts.
A. Applicability
B. Procedure
TITLE XII-COURT PROCEDURES, POWERS AND DECISIONS
Rule 65. Opinions and Memorandum Decisions.
A. Criteria for Publication
B. Time to File Motion to Publish
C. Official Reporter
D. Precedential Value of Not-For-Publication Memorandum Decision
E. Certification of Opinion or Not-For-Publication Memorandum Decision
Rule 66. Relief Available on Appeal.
A. Harmless Error
B. Dismissal of Appeals
C. Disposition of Case
D. New Trial or Hearing
E. Damages Against Appellant
F. Execution from the Court on Appeal
A. Time for Filing Motion for Costs
B. Components
C. Party Entitled to Costs
D. Supreme Court Equally Divided
EFFECTIVE DATES
(1) 9-1 Notice of Appeal Rule 9(A)
(2) 9-2 Notice of Appeal of Administrative Agency Rule 9(I)
(3) 10-1 Notice of Completion of Clerk’s Record Rule 10(C)
(4) 10-2 Notice of Completion of Transcript Rule 10(D)
(5) 10-3 Motion for Time to Compile Clerk’s Record Rule 10(E)
(6) 11-1 Court Reporter’s Notice that Transcript is Filed Rule 11(A)
(7) 11-2 Motion for Extension to File Transcript Rule 11(C)
(8) 14.1-1 Notice of Expedited Appeal Rule 14.1(B)
(9) 15-1 Appellant’s Case Summary Rule 15(A)
(10) 28-1 Title Page and Cover Rule 28(A)(7)
(11) 40-1 Affidavit to Proceed in Forma Pauperis Rule 40(A)
(12) 43-1 Cover for Brief Rule 43(I)
(13) 51-1 Cover for Appendices Rule 51(E)
Appendix B – Standards for Preparation of Electronic Transcripts Pursuant to Appellate Rule 30.
TITLE I - SCOPE, DEFINITIONS, FORMS
These Rules shall govern the practice and procedure for appeals to the Supreme Court and the Court of Appeals. The Court may, upon the motion of a party or the Court’s own motion, permit deviation from these Rules.
In these Rules, the following definitions apply:
A. Administrative Agency. An Administrative Agency is the Worker’s Compensation Board, Indiana Civil Rights Commission, Indiana Utility Regulatory Commission, or Review Board of the Department of Workforce Development.
B. Appellant’s Case Summary. The Appellant’s Case Summary is the appearance form filed by the appellant under Rule 15.
C. Appendix. An Appendix is a compilation of documents filed by a party pertaining to an appeal under Rule 49 and Rule 50.
D. Clerk. The Clerk is the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court.
E. Clerk’s Record. The Clerk’s Record is the Record maintained by the clerk of the trial court or the Administrative Agency and shall consist of the Chronological Case Summary (CCS) and all papers, pleadings, documents, orders, judgments, and other materials filed in the trial court or Administrative Agency or listed in the CCS.
F. Court and Court on Appeal. The terms “Court” and “Court on Appeal” shall refer to the Supreme Court and the Court of Appeals.
G. Criminal Appeals. Criminal Appeals are those cases which were designated by the originating court as a Criminal Felony--CF; Class D Felony--DF; Criminal Misdemeanor--CM; Post Conviction Relief--PC; Juvenile Status--JS; Juvenile Delinquency--JD; Infraction--IF; Miscellaneous Criminal--MC; Local Ordinance Violation--OV, and Exempted Ordinance Violation--OE. This definition is for ease of reference and does not change the substantive rights of the parties.
H. Final Judgment. A judgment is a final judgment if:
(1) it disposes of all claims as to all parties;
(2) the trial court in writing expressly determines under Trial Rule 54(B) or Trial Rule 56(C) that there is no just reason for delay and in writing expressly directs the entry of judgment (i) under Trial Rule 54(B) as to fewer than all the claims or parties, or (ii) under Trial Rule 56(C) as to fewer than all the issues, claims or parties;
(3) it is deemed final under Trial Rule 60(C);
(4) it is a ruling on either a mandatory or permissive Motion to Correct Error which was timely filed under Trial Rule 59 or Criminal Rule 16; or
(5) it is otherwise deemed final by law.
I. Notice of Appeal. The Notice of Appeal initiates the appeal under Rule 9 and replaces the praecipe for appeal.
J. Petition. The term “Petition” shall mean a Petition for Rehearing, a Petition to Transfer an appeal to the Supreme Court, and a Petition for Review of a Tax Court decision by the Supreme Court. A request for any other relief shall be denominated a “motion.”
K. Transcript. Transcript shall mean the transcript or transcripts of all or part of the proceedings in the trial court or Administrative Agency that any party has designated for inclusion in the Record on Appeal and any exhibits associated therewith.
L. Record on Appeal. The Record on Appeal shall consist of the Clerk’s Record and all proceedings before the trial court or Administrative Agency, whether or not transcribed or transmitted to the Court on Appeal.
M. Rules. The term “Rule” or “Rules” shall mean these Appellate Rules.
N. Case Record and Case Records Excluded From Public Access. The term “Case Record” shall mean a record defined by Administrative Rule 9(C)(2). “Case Records Excluded From Public Access” shall mean records identified in Administrative Rule 9(G)(1).
Counsel, parties, court reporters, and trial court clerks are encouraged to use the forms published in an Appendix to these Rules.
Rule 4. Supreme Court Jurisdiction
A. Appellate Jurisdiction.
(1) Mandatory Review. The Supreme Court shall have mandatory and exclusive jurisdiction over the following cases:
(a) Criminal Appeals in which a sentence of death or life imprisonment without parole is imposed under Ind. Code § 35-50-2-9 and Criminal Appeals in post conviction relief cases in which the sentence was death.
(b) Appeals of Final Judgments declaring a state or federal statute unconstitutional in whole or in part.
(c) Appeals involving waiver of parental consent to abortion under Rule 62.
(d) Appeals involving mandate of funds under Trial Rule 60.5(B) and Rule 61.
(2) Discretionary Review. The Supreme Court shall have discretionary jurisdiction over cases in which it grants Transfer under Rule 56 or 57 or Review under Rule 63.
B. Other Jurisdiction. The Supreme Court shall have exclusive jurisdiction over the following matters:
(1) The Practice of Law. Matters relating to the practice of law including:
(a) Admissions to practice law;
(b The discipline and disbarment of attorneys admitted to the practice of law; and
(c) The unauthorized practice of law (other than criminal prosecutions therefor).
(2) Supervision of Judges. The discipline, removal and retirement of justices and judges of the State of Indiana;
(3) Supervision of Courts. Supervision of the exercise of jurisdiction by other courts of the State of Indiana, including the issuance of writs of mandate and prohibition; and
(4) Issuance of Writs. Issuance of writs necessary or appropriate in aid of its jurisdiction.
Rule 5. Court of Appeals Jurisdiction
A. Appeals From Final Judgments. Except as provided in Rule 4, the Court of Appeals shall have jurisdiction in all appeals from Final Judgments of Circuit, Superior, Probate, and County Courts, notwithstanding any law, statute or rule providing for appeal directly to the Supreme Court of Indiana. See Rule 2(H).
B. Appeals From Interlocutory Orders. The Court of Appeals shall have jurisdiction over appeals of interlocutory orders under Rule 14.
C. Appeals From Agency Decisions.
(1) Jurisdiction. The Court of Appeals shall have jurisdiction to entertain actions in aid of its jurisdiction and to review final orders, rulings, decisions and certified questions of an Administrative Agency.
(2) Assignment of Errors. No party shall file an assignment of errors in the Court of Appeals notwithstanding any law, statute, or rule to the contrary. All issues and grounds for appeal appropriately preserved before an Administrative Agency may be initially addressed in the appellate brief.
Rule 6. Appeal or Original Action in Wrong Court
If the Supreme Court or Court of Appeals determines that an appeal or original action pending before it is within the jurisdiction of the other Court, the Court before which the case is pending shall enter an order transferring the case to the Court with jurisdiction, where the case shall proceed as if it had been originally filed in the Court with jurisdiction.
A. Availability. A defendant in a Criminal Appeal may appeal the defendant’s sentence. The State may not initiate an appeal of a sentence, but may cross-appeal where provided by law.
B. Scope of Review. The Court may revise a sentence authorized by statute if, after due consideration of the trial court’s decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.
Rule 8. Acquisition of Jurisdiction.
The Court on Appeal acquires jurisdiction on the date the trial court clerk issues its Notice of Completion of Clerk’s Record. Before that date, the Court on Appeal may, whenever necessary, exercise limited jurisdiction in aid of its appellate jurisdiction, such as motions under Rules 18 and 39.
TITLE III - INITIATION OF APPEAL
Rule 9. Initiation of the Appeal
A. Filing the Notice of Appeal.
(1) Appeals from Final Judgments. A party initiates an appeal by filing a Notice of Appeal with the trial court clerk within thirty (30) days after the entry of a Final Judgment. However, if any party files a timely motion to correct error, a Notice of Appeal must be filed within thirty (30) days after the court's ruling on such motion, or thirty (30) days after the motion is deemed denied under Trial Rule 53.3, whichever occurs first. Copies of the Notice of Appeal, which need not be file stamped by the trial court clerk, shall be served on all parties of record in the trial court, the Clerk, and upon the Attorney General in all Criminal Appeals and any appeals from a final judgment declaring a state statute unconstitutional in whole or in part. (See Form # App.R. 9 - 1)
(2) Interlocutory Appeals. The initiation of interlocutory appeals is covered in Rule 14.
(3) Administrative Appeals. A judicial review proceeding taken directly to the Court of Appeals from an order, ruling, or decision of an Administrative Agency is commenced by filing a Notice of Appeal with the Administrative Agency within thirty (30) days after the date of the order, ruling or decision, notwithstanding any statute to the contrary.
(4) Abolition of Praecipe. The praecipe for preparation of the Record is abolished.
(5) Forfeiture of Appeal. Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited except as provided by P.C.R. 2.
B. Death Penalty Cases. When a trial court imposes a death sentence, it shall on the same day sentence is imposed, order the court reporter and trial court clerk to begin immediate preparation of the Record on Appeal.
C. Joint Appeals. If two (2) or more persons are entitled to appeal from a single judgment or order, they may proceed jointly by filing a joint Notice of Appeal. The joined parties may, thereafter, proceed on appeal as a single appellant.
D. Cross-Appeals. An appellee may cross-appeal without filing a Notice of Appeal by raising cross-appeal issues in the appellee’s brief. A party must file a Notice of Appeal to preserve its right to appeal if no other party appeals.
E. Payment of Filing Fee. The appellant shall pay to the Clerk the filing fee of $250. No filing fee is required in an appeal prosecuted in forma pauperis or on behalf of a governmental unit. The filing fee shall be paid to the Clerk when the Notice of Appeal is served on the Clerk. The Clerk shall not file any motion or other documents in the proceedings until the filing fee has been paid. A party may proceed on appeal in forma pauperis pursuant to Rule 40.
F. Content of Notice of Appeal. The Notice of Appeal shall include the following:
(1) Designation of Appealed Order or Judgment. The Notice of Appeal shall designate the appealed judgment or order and whether it is a final judgment or interlocutory order.
(2) Designation of Court to which Appeal is Taken. The Notice of Appeal shall designate the court to which the appeal is taken.
(3) Direction for Assembly of Clerk’s Record. The Notice of Appeal shall direct the trial court clerk to assemble the Clerk’s Record.
(4) Request for Transcript. The Notice of Appeal shall designate all portions of the Transcript necessary to present fairly and decide the issues on appeal. If the appellant intends to urge on appeal that a finding of fact or conclusion thereon is unsupported by the evidence or is contrary to the evidence, the Notice of Appeal shall request a Transcript of all the evidence. In Criminal Appeals, the Notice of Appeal must request the Transcript of the entire trial or evidentiary hearing, unless the party intends to limit the appeal to an issue requiring no Transcript.
G. Supplemental Request for Transcript. Any party to the appeal may file with the trial court clerk or the Administrative Agency, without leave of court, a request with the court reporter or the Administrative Agency for additional portions of the Transcript.
H. Payment for Transcript. When a Transcript is requested, a party must make satisfactory arrangements with the court reporter for payment of the cost of the Transcript. Unless a court order requires otherwise, each party shall be responsible to pay for all transcription costs associated with the Transcript that party requests.
I. Administrative Agency Appeals. In Administrative Agency appeals, the Notice of Appeal shall include the same contents and be handled in the same manner as an appeal from a Final Judgment in a civil case, notwithstanding any statute to the contrary. Assignments of error are not required. See Rule 9A(3). (See Form # App.R. 9-2)
J. Documents and Information Excluded from Public Access and Confidential Pursuant to Administrative Rule 9(G). Documents and information excluded from public access pursuant to Administrative Rule 9(G) shall be filed in accordance with Trial Rule 5(G) and Administrative Rule 9(G)(4).
Rule 10. Duties of Trial Court Clerk or Administrative Agency
A. Notice to Court Reporter of Transcript Request. If a Transcript is requested, the trial court clerk or the Administrative Agency shall give immediate notice of the filing of the Notice of Appeal and the requested Transcript to the court reporter.
B. Assembly of Clerk’s Record. Within thirty (30) days of the filing of the Notice of Appeal, the trial court clerk or Administrative Agency shall assemble the Clerk’s Record. The trial court clerk or Administrative Agency is not obligated to index or marginally annotate the Clerk's Record.
C. Notice of Completion of Clerk’s Record. On or before the deadline for assembly of the Clerk’s Record, the trial court clerk or Administrative Agency shall issue and file a Notice of Completion of Clerk’s Record with the Clerk and shall serve a copy on the parties to advise them that the Clerk’s Record has been assembled and is complete. The Notice of Completion of Clerk’s Record shall include a certified copy of the Chronological Case Summary and shall state whether the Transcript is (a) completed, (b) not completed, or (c) not requested. (See Form # App.R. 10-1). Copies of the Notice of Completion of Clerk’s Record served on the parties shall include a copy of the Chronological Case Summary included with the original, but the copies served on the parties need not be individually certified.
D. Notice of Completion of Transcript. If the Transcript has been requested but has not been filed when the trial court clerk or Administrative Agency issues its Notice of Completion of the Clerk’s Record, the trial court clerk or Administrative Agency shall issue and file a Notice of Completion of Transcript with the Clerk and shall serve a copy on the parties within five (5) days after the court reporter files the Transcript. (See Form # App.R. 10-2)
E. Extension of Time to Complete Clerk’s Record. The trial court clerk or Administrative Agency may move the Court on Appeal designated in the Notice of Appeal for an extension of time to assemble the Clerk’s Record pursuant to Rule 35 (A) and shall state in such motion the factual basis for inability to comply with the prescribed deadline despite exercise of due diligence. (See Form # App.R. 10-3). The trial court clerk shall file an original and one copy of the motion with the Clerk and shall serve a copy of the motion on the parties. Motions for extension of time in interlocutory appeals, appeals involving worker’s compensation, issues of child custody, support, visitation, paternity, adoption, determination that a child is in need of services, and termination of parental rights are disfavored and shall be granted only in extraordinary circumstances.
F. Failure to File Notice of Completion of Clerk’s Record. If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of Completion of Clerk’s Record, the appellant shall seek an order from the Court on Appeal compelling the trial court clerk or Administrative Agency to complete the Clerk’s Record and issue, file, and serve its Notice of Completion. Failure of appellant to seek such an order not later than fifteen (15) days after the Notice of Completion of Clerk’s Record was due to have been issued, filed, and served shall subject the appeal to dismissal.
G. Failure to File Notice of Completion of Transcript. If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of Completion of Transcript required by Rule 10(D), the appellant shall seek an order from the Court on Appeal compelling the trial court clerk or Administrative Agency to issue, file and serve the Notice of Completion of Transcript. Failure of appellant to seek such an order not later than fifteen (15) days after the Notice of Completion of Transcript was due to have been issued, filed, and served shall subject the appeal to dismissal.
Rule 11. Duties of Court Reporter
A. Preparation of Transcript. The court reporter shall prepare, certify and file the Transcript designated in the Notice of Appeal with the trial court clerk or Administrative Agency in accordance with Rules 28, 29, and/or 30. Preparation of the separately-bound volumes of exhibits as required by Rule 29 is considered part of the Transcript preparation process. The court reporter shall provide notice to all parties to the appeal that the transcript has been filed with the clerk of the trial court or Administrative Agency in accordance with Rules 28, 29, and/or 30. (See Form # App.R. 11-1)
B. Deadline for Filing Transcript. For the period until July 1, 2003, and until revised thereafter, the court reporter or Administrative Agency shall have ninety (90) days after the appellant files the Notice of Appeal to file the Transcript with the trial court clerk or Administrative Agency.
C. Extension of Time to File Transcript. The court reporter may move the Court on Appeal designated in the Notice of Appeal for an extension of time to file the Transcript pursuant to Rule 35 (A) and shall state in such motion the factual basis for inability to comply with the prescribed deadline despite exercise of due diligence. (See Form # App.R. 11-2) The court reporter shall file an original and one copy of the motion with the Clerk and shall serve a copy of the motion on the parties. Motions for extension of time in interlocutory appeals, appeals involving worker’s compensation, issues of child custody, support, visitation, paternity, adoption, determination that a child is in need of services, and termination of parental rights are disfavored and shall be granted only in extraordinary circumstances.
D. Failure to Complete Transcript. If the court reporter fails to file the Transcript with the trial court clerk within the time allowed, the appellant shall seek an order from the Court on Appeal compelling the court reporter to do so. Failure of appellant to seek such an order not later than fifteen (15) days after the Transcript was due to have been filed with the trial court clerk shall subject the appeal to dismissal.
Rule 12. Transmittal of the Record
A. Clerk’s Record. Unless the Court on Appeal orders otherwise, the trial court clerk shall retain the Clerk’s Record throughout the appeal. A party may request that the trial court clerk copy the Clerk’s Record, or a portion thereof, and the clerk shall provide the copies within thirty (30) days, subject to the payment of any usual and customary copying charges.
B. Transcript. In appeals other than Criminal Appeals, the trial court clerk shall retain the Transcript until the Clerk notifies the trial court clerk that all briefing is completed, and the trial court clerk shall then transmit the Transcript to the Clerk. In Criminal Appeals in which the appellant is not represented by the State Public Defender, the Clerk shall notify the trial court clerk when the Appellant’s brief has been filed, and the trial court clerk will then transmit the Transcript to the Clerk. In Criminal Appeals in which the appellant is represented by the State Public Defender, the trial court clerk shall transmit the Transcript to the Clerk when the court reporter has completed the preparation, certification and filing in accordance with Rule 11(A). The trial court clerk is entitled to obtain from the appellant reimbursement for the cost of transmitting the Transcript. Any party may withdraw the Transcript or, at the trial court clerk’s option, a copy, at no extra cost, from the trial court clerk for a period not to exceed the period in which the party’s brief is to be filed. Any party may move the Court on Appeal to order the trial court clerk to transmit the Transcript at a different time than provided for in this Rule.
C. Access to Record on Appeal. Unless limited by the trial court, any party may copy any document from the Clerk’s Record and any portion or all of the Transcript. After a Transcript or Appendix has been transmitted to or filed with the Clerk, a party to the appeal may arrange to have access to that Transcript or Appendix during the time period that party is working on a brief, subject to any internal rules the Clerk may adopt to provide an accounting for the location of those materials and for ensuring fair access to the Transcript and Appendices by all parties.
D. Appeals from Administrative Agencies. When the appeal is from an Administrative Agency, reference to the "trial court clerk” shall mean the Administrative Agency.
Rule 13. Preparation of the Record in Administrative Agency Cases
In cases taken directly to the Court of Appeals from the final orders, rulings or decisions and certified questions of an Administrative Agency, the preparation, contents, and transmittal of the Record on Appeal, to the extent possible pursuant to Rules 10, 11 and 12, shall be governed by the same provisions applicable to appeals from Final Judgments in civil cases, including all applicable time periods, notwithstanding any statute to the contrary.
Rule 14. Interlocutory Appeals
A. Interlocutory Appeals of Right. Appeals from the following interlocutory orders are taken as a matter of right by filing a Notice of Appeal with the trial court clerk within thirty (30) days of the entry of the interlocutory order:
(1) For the payment of money;
(2) To compel the execution of any document
(3) To compel the delivery or assignment of any securities, evidence of debt, documents or things in action;
(4) For the sale or delivery of the possession of real property;
(5) Granting or refusing to grant, dissolving, or refusing to dissolve a preliminary injunction;
(6) Appointing or refusing to appoint a receiver, or revoking or refusing to revoke the appointment of a receiver;
(7) For a writ of habeas corpus not otherwise authorized to be taken directly to the Supreme Court;
(8) Transferring or refusing to transfer a case under Trial Rule 75; and
(9) Issued by an Administrative Agency that by statute is expressly required to be appealed as a mandatory interlocutory appeal.
B. Discretionary Interlocutory Appeals. An appeal may be taken from other interlocutory orders if the trial court certifies its order and the Court of Appeals accepts jurisdiction over the appeal.
(1) Certification by the Trial Court. The trial court, in its discretion, upon motion by a party, may certify an interlocutory order to allow an immediate appeal.
(a) Time for Filing Motion. A motion requesting certification of an interlocutory order must be filed in the trial court within thirty (30) days of the date of the interlocutory order unless the trial court, for good cause, permits a belated motion. If the trial court grants a belated motion and certifies the appeal, the court shall make a finding that the certification is based on a showing of good cause, and shall set forth the basis for that finding.
(b) Content of the Motion in the Trial Court. A motion to the trial court shall contain the following:
(i) An identification of the interlocutory order sought to be certified;
(ii) A concise statement of the issues to be addressed in the interlocutory appeal; and
(iii) The reasons why an interlocutory appeal should be permitted.
(c) Grounds for Granting Interlocutory Appeal. Grounds for granting an interlocutory appeal include:
(i) The appellant will suffer substantial expense, damage or injury if the order is erroneous and the determination of the error is withheld until after judgment.
(ii) The order involves a substantial question of law, the early determination of which will promote a more orderly disposition of the case.
(iii) The remedy by appeal is otherwise inadequate.
(d) Response to Motion. Any response to a motion for the trial court to certify an interlocutory order shall be filed within fifteen (15) days after service of the motion, and computing time in accordance with Trial Rule 6.
(e) Ruling on Motion by the Trial Court. In the event the trial court fails thirty (30) days to set the motion for hearing or fails to rule on the motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is set, the motion requesting certification of an interlocutory order shall be deemed denied.
(2) Acceptance of the Interlocutory Appeal by the Court of Appeals. If the trial court certifies an order for interlocutory appeal, the Court of Appeals, in its discretion, upon motion by a party, may accept jurisdiction of the appeal.
(a) Time for Filing Motion in the Court of Appeals. The motion requesting that the Court of Appeals accept jurisdiction over an interlocutory appeal shall be filed within thirty (30) days of the date of the trial court’s certification.
(b) Content of the Motion in the Court of Appeals. The motion requesting that the Court of Appeals accept jurisdiction shall state:
(i) The date of the interlocutory order.
(ii) The date the motion for certification was filed in the trial court.
(iii) The date the trial court certified its interlocutory order.
(iv) The reasons the Court of Appeals should accept this interlocutory appeal.
(c) Attachments to Motion. The party seeking an interlocutory appeal shall attach to its motion a copy of the trial court’s certification of the interlocutory order and a copy of the interlocutory order.
(d) Response to Motion. Any response to a motion requesting the Court of Appeals to accept jurisdiction shall be filed within fifteen (15) days after service of the motion.
(3) Filing of Notice of Appeal. If the Court of Appeals accepts jurisdiction, the appellant shall file a Notice of Appeal with the trial court clerk within fifteen (15) days of the Court of Appeals’ order accepting jurisdiction over the interlocutory appeal. The appellant shall also comply with Rule 9(E).
C. Interlocutory Appeals From Orders Granting Or Denying Class Action Certification. The Court of Appeals, in its discretion, may accept jurisdiction over an appeal from an interlocutory order granting or denying class action certification under Ind. Trial Rule 23.
(1) Time for Filing Motion. A motion requesting that the Court of Appeals accept jurisdiction over an interlocutory appeal from an order granting or denying class action certification shall be filed within thirty (30) days of the entry of the order.
(2) Content of Motion. The motion requesting that the Court of Appeals accept jurisdiction shall state:
(a) The date of the order granting or denying class action certification.
(b) The facts necessary for consideration of the motion.
(c) The reasons the Court of Appeals should accept the interlocutory appeal.
(3) Attachments to Motion. A copy of the trial court’s order granting or denying class action certification shall be attached to the motion requesting that the Court of Appeals accept jurisdiction over the interlocutory appeal.
(4) Response to Motion. Any response to the motion requesting the Court of Appeals to accept jurisdiction shall be filed within fifteen (15) days after service of the motion.
(5) Filing of Notice of Appeal. If the Court of Appeals accepts jurisdiction, the appellant shall file a Notice of Appeal with the trial court clerk within fifteen (15) days of the Court of Appeals’ order accepting jurisdiction over the interlocutory appeal. The appellant shall also comply with Rule 9(E).
D. Statutory Interlocutory Appeals. Other interlocutory appeals may be taken only as provided by statute.
E. Clerk’s Record and Transcript. The Clerk’s Record shall be assembled in accordance with Rule 10. The court reporter shall file the Transcript in accordance with Rule 11.
F. Briefing. Briefing in interlocutory appeals shall be governed by Rules 43 and 44.
G. Shortening or Extending Time.
(1) Extensions. Extensions of time to prepare the Transcript or to file any brief in an interlocutory appeal are disfavored and will be granted only upon a showing of good cause. Any motion for extension must comply with Rule 35.
(2) Shortening Deadlines. The Court of Appeals, upon motion by a party and for good cause, may shorten any time period. A motion to shorten time shall be filed within ten (10) days of the filing of either the Notice of Appeal with the trial court clerk or the motion to the Court of Appeals requesting permission to file an interlocutory appeal.
Rule 14.1. Expedited Appeal for Payment of Placement and/or Services
A. Applicability. This Rule governs appellate review per Indiana Code sections 31-34-4-7(f), 31-34-19-6.1(f), 31-37-5-8(g), and 31-37-18-9(d). All other appeals concerning children alleged to be in need of service or children alleged to be delinquent are not covered by this rule.
B. Notice of Expedited Appeal.
(1) The Department of Child Services (“DCS”) shall file a Notice of Expedited Appeal with the trial court clerk within five (5) business days after the court’s order of placement and/or services. (See Form #App.R. 14.1-1.)
(2) On the same day DCS files the Notice of Expedited Appeal, it shall serve the Notice on the trial court judge, the court clerk, county commissioners, the guardian ad litem, CASA, any juvenile who is the subject of the order if 14 years of age or older, counsel for the juvenile, the parents of the juvenile, the Attorney General, in the case of a juvenile delinquency matter the Chief Probation Officer and Prosecutor, and any other party of record.
(3) The Notice of Expedited Appeal, in a form proscribed by this rule, shall designate the order from which the appeal is taken and any Transcript that is to be provided.
(4) The certificate of service attached to the Notice of Expedited Appeal shall include (a) the name and address, and (b) the FAX number and e-mail address if known, of every person to whom it was sent.
(5) Any party who has received the Notice of Expedited Appeal shall have five (5) business days from service of the Notice of Expedited Appeal to file an Appearance and request any additional other items to be included in the record. Failure to file an Appearance shall remove that party from the Appeal.
(6) The trial court shall be considered a party to the Appeal if it files a timely appearance.
C. Transcript and Record.
(1) The completion of the Transcript and the Record on Appeal shall take priority over all other appeal transcripts and records. Within ten (10) business days after the filing of the Notice of Appeal, the assembly of the Clerk’s Record shall be completed and any requested transcript shall be prepared and filed, after which the clerk shall immediately issue and file a Notice of Completion of Clerk’s Record (and a separate Notice of Completion of Transcript if assembly of the Clerk’s Record is completed before the transcript is filed) and shall immediately serve all parties to the Appeal by both: (i) U.S. mail or third-party commercial carrier; and (ii) personal service, electronic mail, or facsimile.
(2) The Clerk’s Record in appeals governed by this rule shall contain the pre-dispositional report and any attachments thereto, in addition to the other records listed in Appellate Rule 2(E). The trial court clerk is not obligated to index or marginally annotate the Clerk’s Record, which shall be the responsibility of DCS.
(3) On the eleventh (11th) business day following the filing of the transcript, the trial court clerk shall transmit the transcript to the Clerk without any further notice from the Clerk. Failure to meet this deadline shall require the trial court clerk to show cause to the Court on Appeal why he or she should not be held in contempt. DCS may, but is not required to, file a show cause motion with the Court on Appeal concerning the trial court clerk’s failure to meet this deadline.
D. Memoranda.
(1) Any party on Appeal may file a memorandum, which may be in narrative form and need not contain the sections under separate headings listed in Appellate Rule 46(a).
(2) Memoranda shall not exceed ten (10) pages unless limited to 4,200 words and shall adhere to the requirements of Appellate Rules 43(A)-(G), (J), and (K). Memoranda exceeding ten (10) pages in length shall contain the word count certification required by Appellate Rule 44(F). Any factual statement shall be supported by a citation to a page where it appears in the record.
(3) DCS shall have five (5) business days from the filing of the Notice of Completion of Transcript (or the Notice of Completion of Clerk’s Record if a transcript was not requested) to file a memorandum stating why the trial court’s decision should be reversed. DCS’s memorandum shall be accompanied by an Appendix that shall contain copies of all relevant pleadings, motions, orders, entries, and other papers filed, tendered for filing, or entered by the trial court, including but not limited to the pre-dispositional report and all attachments thereto.
(4) Any responding party shall have five (5) business days after DCS has filed its memorandum to file a responsive memorandum stating why the decision should be sustained or reversed, and to file any accompanying supplemental Appendix.
(5) No reply memorandum shall be allowed.
(6) A party shall file its original Memorandum and eight (8) copies.
E. Extensions of Time. Extensions of time are not allowed.
F. Rehearing on Appeal. A party may not seek rehearing of an appellate decision issued under this rule.
G. Outcome of Appeal. If DCS prevails on appeal, payment shall be made in accordance with Indiana Code sections 31-34-4-7(g), 31-34-19-6.1(g), 31-37-5-8(h), or 31-37-18-9(e), as the case may be.
H. Petition to Transfer. A Petition to Transfer must be filed no later than five (5) business days after the adverse decision of the Court of Appeals. A party who files a Petition to Transfer by mail or third-party commercial carrier shall also contemporaneously tender a copy to the Clerk’s Office via facsimile. The Petition to Transfer shall adhere to the requirements of Appellate Rules 43(A)-(G), (J), and (K). Appellate Rules 43(H) and (I), 44, and 57 shall not apply. The Petition to Transfer shall not exceed one (1) page in length, excluding the signature block and certificate of service, and shall notify the Supreme Court simply of the party’s desire for the Supreme Court to assume jurisdiction over the appeal following the adverse decision of the Court of Appeals. A file-stamped copy of the Court of Appeals’ opinion or memorandum decision shall be attached to the Petition to Transfer. No brief in response shall be allowed. The Supreme Court will consider the merits of the Petition to Transfer based on the party’s filings submitted to the Court of Appeals and on the Court of Appeals’ opinion or memorandum decision.
I. Certification of Opinion. The Clerk shall certify the Court of Appeals’ opinion or memorandum decision six (6) business days after it is handed down unless a timely Petition to Transfer has been filed and served in accordance with the preceding section. The Clerk shall certify any opinion of the Supreme Court immediately upon issuance.
J. Service. Service, if by mail or third-party commercial carrier, shall also be by contemporaneous fax or email on all parties whose FAX number or e-mail address is known by the serving party. Parties who are served by contemporaneous FAX or e-mail shall not be entitled to the extension of time set forth in Appellate Rule 25(C). Any party filing an appearance after documents have been served shall promptly be served with all documents not previously provided to the later-appearing party.
Rule 15. Appellant’s Case Summary
A. Who Must file. Any party who has filed a Notice of Appeal shall file an Appellant’s Case Summary with the Clerk. The filing of an Appellant’s Case Summary satisfies the requirement to file an appearance under Rule 16. (See Form # App.R. 15-1)
B. Date Due. The Appellant's Case Summary shall be filed within thirty (30) days of the filing of the Notice of Appeal or, in the case of a Discretionary Interlocutory Appeal under Rule 14(B)(2) or a Class Action Certification Interlocutory Appeal under Rule 14(C), the Appellant’s Case Summary shall be filed at the time the motion requesting permission to file the interlocutory appeal is filed in the Court of Appeals.
C. Content. The Appellant’s Case Summary shall set forth the following information, as applicable