Proposed Rule Amendments: May 2014, Appellate Transcripts

Notice of Proposed Rule Amendments by the Indiana Supreme Court Committee on Rules of Practice and Procedure for Public Comment  

To the Bench, Bar and Public:

At the direction of the Indiana Supreme Court, the Supreme Court Rules Committee has developed proposed changes to the time table for completing transcripts for appeals. The goal of the proposed changes is to reduce the time from the conclusion of a case to the issuance of an appellate decision. The standard for completion of a transcript established by the American Bar Association is thirty (30) days and this is the same time limit used in the federal courts. Only three other states have a time limit as long as ninety (90) days.

1 Time to complete transcript for appeal

The primary proposed change is found in Appellate Rule 11(B). The time for a Court Reporter to file the transcript with the trial court clerk would be reduced from ninety (90) to thirty (30) days. Under Rule 11(C), motions for extensions of time will be disfavored and only granted in extraordinary circumstances. The changes to Rule 11 necessitated other changes to the Appellate Rules.

Appellate Rule 11(D), dealing with compelling filing of the transcript would have its deadline reduced from fifteen (15) to seven (7) days.

2 Payment for preparation of appellate transcript

Appellate Rule 9 would be changed to reduce from thirty (30) days to seven (7) days the time a party has to make payment arrangements with the Court Reporter for preparation of the appellate transcript.

3 Notice of Completion of Clerk's Record and Transcript

Rule 10 dealing with compelling the Notice of Completion of the Clerk's Record and Notice of Completion of the Transcript would both be reduced from fifteen (15) days to seven (7) days.

4 Copy of Clerk's Record

Requests for copies of the Clerk's Record would now have to be provided by the Clerk within seven (7) days instead of the current thirty (30) day deadline.

5 Responding party's appearance

Under Appellate Rule 16 a Responding party's appearance would be due in fifteen (15) days instead of thirty (30) days.

6 Treatment of confidential material

Appellate Rule 28(A)(9) has been added to the rules to provide proper treatment of confidential material consistent with proposed changes to Administrative Rule 9.

7 Possession of exhibits

Appellate Rule 29 would be changed under the proposal to make clear that exhibits are retained in the possession of the Court Reporter.

8 Time for petitions

Rule 40 would be amended to reduce from thirty (30) days to fifteen (15) days the time for petitions to the Court on Appeal from the denial of in forma pauperis status by the trial court.

9 Additional changes

Appellate Rule 2, 14, and 24 also have additional changes necessary because of changes to Appellate Rule 11.

10 Template for requesting extensions

Appellate Form 11-2 would be amended to provide Court Reporters with a template for requesting extensions consistent with the proposed rules.

11 Form for Notice of Exclusion of Information from Public Access

A new form, 11-3, is proposed for providing Notice of Exclusion of Information from Public Access consistent with the proposed changes to Administrative Rule 9.

Give us your feedback

The Committee invited public comment on the proposed rule amendments from May 23, 2014 to June 23, 2014.  The comment period is now closed.