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.

Rule 2. Definitions

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.

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 ACourt@ and ACourt 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 APetition@ 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 Amotion.@

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.

M. Rules. The term ARule@ or ARules@ shall mean these Appellate Rules.

Rule 3. Use of Forms

Counsel, parties, court reporters, and trial court clerks are encouraged to use the forms published in an Appendix to these Rules.

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, life imprisonment or a minimum term of greater than fifty (50) years for a single offense is imposed and 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;

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.

Rule 7. Review of Sentences

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 shall not revise a sentence authorized by statute unless the sentence is manifestly unreasonable in light of the nature of the offense and the character of the offender.

Rule 8. Acquisition of Jurisdiction

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. The Notice of Appeal shall be served on all parties of record in the trial court. The Notice of Appeal shall also be served 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.

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)

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.

C. Notice of Completion of Clerk = s Record. When the Clerk=s Record is assembled, the trial court clerk or Administrative Agency shall file a Notice of Completion of Clerk=s Record with the Clerk and shall send notice to the parties that the Clerk=s Record has been assembled and is complete. The Notice of Completion 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)

D. Notice of Completion of Transcript. If the Transcript 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 file a Notice of Completion of Transcript with the Clerk and shall serve a copy on the parties when the Transcript has been filed. (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 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) 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 Complete Clerk = s Record. If the trial court clerk or Administrative Agency fails to issue 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 to complete the Clerk=s Record and issue 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 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 Rule 28 or Rule 29. 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 Rule 28 or Rule 29. (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.

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, and the clerk shall provide the copies within thirty (30) days.

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, 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. 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.

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.

D. Appeals from Administrative Agencies. When the appeal is from an Administrative Agency, reference to the Atrial 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.

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 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.
(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:

(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 for forty-five (45) days to set the motion for hearing, or fails to rule on a motion within thirty (30) days after it was heard or forty-five (45) days after it was filed, if no hearing is set, the pending motion 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. Statutory Interlocutory Appeals. Other interlocutory appeals may be taken only as provided by statute.

E. Briefing. Briefing in interlocutory appeals shall be governed by Rules 43 and 44.

F. 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.

G. Stay of Trial Court Proceedings. An interlocutory appeal shall not stay proceedings in the trial court unless the trial court or a judge of the Court of Appeals so orders. The order staying proceedings may be conditioned upon the furnishing of a bond or security protecting the appellee against loss incurred by the interlocutory appeal.

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 an interlocutory appeal under Rule 14, at the same time as 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.

C. Content. The Appellant=s Case Summary shall set forth the following information, as applicable:

(1) Party Information.

(a) Name and address of the parties initiating the appeal, and if a party is not represented by counsel, the party =s FAX number, telephone number, and electronic mail address, if any;
(b) Name, address, attorney number, FAX number, telephone number and electronic
mail address, if any, of the attorneys representing the parties initiating the appeal; and

(2) Trial Information.

(a) Title of case;
(b) Names of all parties;
(c) Trial court or Administrative Agency;
(d) Case number;
(e) Name of trial judge;
(f) Date case commenced;
(g) Date of judgment or order;
(h) Whether trial was by judge or jury;
(i) Synopsis of judgment and if applicable, sentence, or administrative order, ruling or decision; and
(j) Case type using classification in Administrative Rule 8(B)(3).

(3) Transcript Information.

(a) Date Notice of Appeal was filed;
(b) Date Transcript is due to be filed; and
(c) The following Transcript information:

(i) Name, address and telephone number of court reporter     responsible for preparing the Transcript;
(ii) Date ordered (or reason it has not been ordered);
(iii) Payment arrangements;
(iv) Estimated length of the Transcript;
(v) Estimated time required for preparation; and
(vi) Estimated completion date.

(4) Appeal Information.

(a) A short and plain statement of the anticipated issues on appeal; provided, however, that the statement of anticipated issues shall not prevent the raising of any issue on appeal;
(b) Prior appeals in same case;
(c) Related appeals (prior, pending or potential) known to the party;
(d) Whether a request for oral argument is anticipated;
(e) Pre-appeal conference request; if desired, including purpose of proposed             conference;
(f) In Criminal Appeals, the status of the defendant (e.g., on bond, incarcerated and, if so, where);

D. Attachments. The following documents shall be attached to the Appellant=s Case Summary:

(1) In civil cases, a copy of the judgment or order appealed from, including findings of fact and conclusions, where made;
(2) In criminal appeals, a copy of the judgment or order appealed from, including any sentencing order;
(3) A copy of any motion to correct errors filed in the trial court;
(4) A copy of the Notice of Appeal; and
(5) In Administrative Agency cases, a copy of the order, ruling or decision appealed from, including any order or ruling on any motion or request for rehearing.

E. Failure to File. The Clerk shall not accept for filing any paper, motion, or other filing by an appellant until that appellant has filed its Appellant=s Case Summary. The failure to file an Appellant=s Case Summary shall not forfeit the appeal.

Rule 16. Appearances

A. Initiating Parties. The filing of an Appellant=s Case Summary pursuant to Rule 15 satisfies the requirement to file an appearance.

B. Responding Parties. All other parties participating in an appeal shall file an appearance form with the Clerk. When the State is appellee in a Criminal Appeal, the Clerk shall enter the appearance of the Attorney General. The appearance form shall be filed within thirty (30) days after the filing of the first Appellant=s Case Summary or contemporaneously with the first document filed by the appearing party, whichever comes first. The appearance form shall contain the following:

(1) Name and address of the appearing party, and if the appearing party is not represented by counsel, the party =s FAX number, telephone number, and electronic mail address, if any;
(2) Name, address, attorney number, telephone number, FAX number, and electronic mail address, if any, of the attorneys representing the parties; and
(3) Whether the attorney requests transmittal of orders and opinions by FAX pursuant to Rule 26.

D. Amicus Curiae . When moving for leave to file an amicus curiae brief under Rule 41, the movant shall file an appearance form with the Clerk containing the following:

(1) Name and address of the movant;
(2) Name, address, attorney number, telephone number, FAX number, and electronic mail address, if any, of the attorneys representing the movant;
(3) Whether the movant sought amicus curiae status in the proceeding before the trial court or Administrative Agency, and if so, whether the request was granted; and
(4) Whether the attorney requests transmittal of orders and opinions by FAX pursuant to Rule 26.

E. Correction of Information. Parties shall promptly advise the Clerk of any change in the information previously supplied under this Rule and Rule 15.

F. Appearance on Transfer or Review. Duplicate appearance forms need not be filed if a party is seeking transfer to the Supreme Court from the Court of Appeals or Review by the Supreme Court from a decision of the Tax Court.

G. Withdrawal of Appearance. An attorney wishing to withdraw his or her appearance shall seek leave of the court by motion stating the reason that leave is sought. If a new attorney will be replacing the withdrawing attorney, the new attorney=s appearance should, if possible, be filed with the motion to withdraw appearance.

Rule 17. Parties on Appeal

A. Trial Court or Administrative Agency Parties. A party of record in the trial court or Administrative Agency shall be a party on appeal. The Attorney General represents the state in all Criminal Appeals.

B. Death or Incompetence of Party. The death or incompetence of any or all the parties on appeal shall not cause the appeal to abate. The death of the appellant abates a criminal appeal. Successor parties may be substituted for the deceased or incompetent parties.

C. Substitution Of Parties.

Rule 18. Appeal Bonds - Letters of Credit

No appeal bond shall be necessary to prosecute an appeal from any Final Judgment or appealable interlocutory order. Enforcement of a Final Judgment or appealable interlocutory order from a money judgment shall be stayed during appeal upon the giving of a bond or an irrevocable letter of credit approved by a trial court or Administrative Agency. The trial court or Administrative Agency shall have jurisdiction to fix and approve the bond, or irrevocable letter of credit, and order a stay prior to or pending an appeal. After the trial court or Administrative Agency decides the issue of a stay, the Court on Appeal may reconsider the issue at any time upon a showing, by certified copies, of the trial court's action. The Court on Appeal may grant or deny the stay and set or modify the bond or letter of credit. No bond or letter of credit shall be required from any party exempted from bond by Trial Rule 62(E). This rule creates no right to a stay where precluded by law.

Rule 19. Court of Appeals Preappeal Conference

A. Subjects for Conference. The Court of Appeals may order a preappeal conference upon the motion of any party or on the court=s own motion, to consider the following:

(1) the simplification and designation of the issues to be presented on appeal;
(2) obtaining stipulations to avoid the preparation of unnecessary Transcript;
(3) the determination of what Transcript from the trial court is necessary to present properly the issues on appeal;
(4) scheduling;
(5) settlement; and
(6) such other matters as may aid the disposition of the appeal.

B. Sanctions. If a party fails to appear in person or by counsel at the preappeal conference, without good cause, or if an attorney is unprepared to participate in the conference, the Court of Appeals may impose appropriate sanctions, including attorney fees.

Rule 20. Appellate Alternative Dispute Resolution

The Court on Appeal may, upon motion of any party or its own motion, conduct or order appellate alternative dispute resolution.

A. Expedited Appeals. The court shall give expedited consideration to interlocutory appeals and appeals involving issues of child custody, support, visitation, adoption, paternity, determination that a child is in need of services, termination of parental rights, and all other appeals entitled to priority by rule or statute.

B. Motion for Expedited Consideration. By motion of any party, other appeals that involve the constitutionality of any law, the public revenue, public health, or are otherwise of general public concern or for other good cause, may be expedited by order of the court.

Rule 22. Citation Form

Unless otherwise provided, a current edition of a Uniform System of Citation (Bluebook) shall be followed.

A. Citation to Cases . All Indiana cases shall be cited by giving the title of the case followed by the volume and page of the regional and official reporter (where both exist), the court of disposition, and the year of the opinion, e.g., Callender v. State, 193 Ind. 91, 138 N.E. 817 (1922); Moran v. State, 644 N.E.2d 536 (Ind. 1994). If the case is not contained in the regional reporter, citation may be made to the official reporter. Where both a regional and official citation exist and pinpoint citations are appropriate, pinpoint citations to one of the reporters shall be provided. Designation of disposition of petitions for transfer shall be included, e.g., State ex rel. Mass Transp. Auth. of Greater Indianapolis v. Indiana Revenue Bd., 144 Ind. App. 63, 242 N.E.2d 642 (1968), trans. denied by an evenly divided court 251 Ind. 607, 244 N.E.2d 111 (1969); Smith v. State, 717 N.E.2d 127 (Ind. Ct. App. 1999), trans. denied.

     B. Citations to Indiana Statutes, Regulations and Court Rules. Citation to Indiana statutes, regulations, and court rules shall comply with the following citation format for initial references and subsequent references:

Initial                    Subsequent

Ind.Code '34-1-1-1            I.C. '34-1-1-1

Ind.Admin. Code 12-5-1        IAC 12-5-1

Ind.Trial Rule 56             T.R. 56

Ind.Crim. Rule 4(B)(1)        Crim.R. 4(B)(1)

Ind.Appellate
Rule 8.2(B)(1)                App.R. 8.2(B)(1)

Ind.Original Action     
Rule 3(A)                Orig.Act.R. 3(A)
Ind.Child Support Rule 2        ChildSupp.R. 2

Ind.Child Support
Guideline 3(D)            ChildSupp.G. 3(D)

Ind.Small Claims Rule 8(A)        S.C.R. 8(A)

Ind.Tax Court Rule 9            TaxCt.R. 9

Ind.Administrative
Rule 7(A)                Admin.R. 7(A)

Ind.Judicial Conduct
Canon 2(A)                Jud.Canon 2(A)

Ind.Professional
Conduct Rule 6.1            Prof.Cond.R. 6.1

Ind.Alternative Dispute
Resolution Rule 2            A.D.R. 2

Ind.Admission and             Admis.Disc.R.
Discipline Rule 23(2)(a)        23(2)(a)

Ind.Evidence Rule 301        Evid.R. 301

C. References to the Record on Appeal. Any factual statement shall be supported by a citation to the page where it appears in an Appendix, and if not contained in an Appendix, to the page it appears in the Transcript, e.g., Appellant=s App. P.5; Answer p. 10; Tr. P. 231-32. Any record material cited in an appellate brief must be reproduced in an Appendix unless it is already before the Court on Appeal.

Rule 23. Filing

A. Time for Filing. All papers will be deemed filed with the Clerk when they are:

(1) personally delivered to the Clerk (including rotunda filing with the guard of the State House);
(2) deposited in the United States Mail, postage prepaid, properly addressed to the Clerk; or
(3) deposited with any third-party commercial carrier for delivery to the Clerk within three (3) calendar days, cost prepaid, properly addressed.

Any party filing any paper by any method other than personal delivery to the Clerk shall retain proof of filing.

B. Clerk = s Functions. All functions performed by the Clerk are ministerial and not discretionary. The court retains the authority to determine compliance with these Rules.

C. Number of Copies. The following shall be filed:

(1) Appellant=s Case Summary and Appearances. An original and one (1) copy of the Appellant=s Case Summary and of any appearance.
(2) Motions.

(a) An original and one (1) copy of a motion for extension of time and a motion to withdraw the record, a motion to withdraw appearance, and a motion to file an oversize document.
(b) An original and five (5) copies of all other motions and supporting documents, of all responses and supporting documents, and of all replies and supporting documents.
    
(3) Briefs, Petitions, Additional Authorities. An original and eight (8) copies of all briefs, Petitions to Transfer, Petitions for Rehearing, Petitions for Review and notices of additional authorities.
(4) Authorization or Affidavit In Forma Pauperis Proceedings. An original and (1) copy of the trial court authorization to proceed in forma pauperis, or an affidavit that the party was permitted to proceed in forma pauperis in the trial court. See Rule 40.

D. Received but not Filed. When the Clerk accepts any document as received but not filed, any time limit for response or reply to that document shall run from the date on which the document is filed. The Clerk shall notify all parties of the date on which any received document is subsequently filed.

Rule 24. Service of Documents

A. Required Service. The Appellant=s Case Summary and appearances must be served on all parties to the appeal (see Rule 17), any persons seeking party status, and any persons required by statute to be served. All other documents tendered to the Clerk for filing must be served upon all parties who have filed an appearance under Rule 16, any persons seeking party status, and any persons required by statute to be served.

B. Time for Service. A party shall serve a document no later than the date the document is filed or received for filing.

C. Manner and Date of Service. All papers will be deemed served when they are:

(1) personally delivered;
(2) deposited in the United States Mail, postage prepaid, properly addressed; or
(3) deposited with any third-party commercial carrier for delivery within three (3) calendar days, cost prepaid, properly addressed.

D. Certificate of Service. An attorney or unrepresented party tendering a document to the Clerk for filing shall certify that service has been made, list the parties served, and specify the date and means of service. The certificate of service shall be placed at the end of the document and shall not be separately filed. The separate filing of a certificate of service, however, shall not be grounds for rejecting a document for filing. The Clerk may permit documents to be filed without a certificate of service but shall require prompt filing of a separate certificate of service.

Rule 25. Computation of Time

A. Non-Business and Business Days. For purposes of this rule, a non-business day shall mean a Saturday, a Sunday, a legal holiday as defined by state statute, or a day the Office of the Clerk is closed during regular business hours. A business day shall mean all other days.

C. Extension of Time When Served by Mail or Carrier. When a party serves a document by mail or third-party commercial carrier, the time period for filing any response or reply to the document shall be extended automatically for an additional three (3) days from the date of deposit in the mail or with the carrier. This Rule does not extend any time period that is not triggered by a party=s service of a document, such as the time for filing a Petition for Rehearing or a Petition to Transfer.

Rule 26. FAX Transmission by Clerk

A. Optional FAX Transmission Available. Any party during the pendency of an appeal may request that the Clerk transmit orders and opinions to the party by FAX. When transmittal is made by FAX, no other transmission will be made.

B. Request for FAX Transmittal. Unless already specified in the Appellant=s Case Summary, a request to receive FAX transmission must be in writing, provide the FAX number at which transmission is to be made, and be signed by the attorney or unrepresented party making the request.

C. Clerk = s Functions. When transmission is made by FAX, the Clerk shall retain the machine generated transmission log as a record of transmission. The Clerk may, without notice, discontinue FAX transmission if electronic transmission is not practicable.

Rule 28. Preparation of Transcript in Paper Format by Court Reporter

A. Paper Transcript. The court reporter shall prepare the Transcript as follows:

(1) Paper. The Transcript shall be prepared upon 82 x 11 inch white paper.

Top margin: one (1) inch from the edge of the page.
Bottom margin: one (1) inch from the edge of the page.
Left margin: no more than one and one-half (1-1/2) inch from the edge of the binding.
Right margin: one (1) inch from the edge of the page.
Indented text: no more than two (2) inches from the left edge of the binding.

(4) Header Notations. The court reporter shall note in boldface capital letters at the top of each page where a witness=s direct, cross, or redirect examination begins. No other notations are required.
(5) Typing. The typeface shall be no larger than 12-point type. Line spacing shall be no greater than double-spacing.
(6) Binding. The Transcript shall have a front and back cover and shall be bound at the left no more than one-half (1/2) inch from the edge of the page. The Transcript shall be bound using any method which is easy to read and permits easy disassembly for copying. No more than two hundred fifty (250) pages shall be bound into any one volume.
(7) Title Page and Cover. The title page of each volume shall conform to Form # App.R. 28-1, and the cover shall be clear plastic.
(8) Table of Contents. The court reporter shall prepare a table of contents listing each witness and the volume and page where that witness= direct, cross, and redirect examination begins. The table of contents shall identify each exhibit offered and shall show the Transcript volumes and pages at which the exhibit was identified and at which a ruling was made on its admission in evidence. The table of contents shall be a separately bound volume.

B. Certification. The court reporter shall certify the Transcript is correct, and file the certificate with the trial court clerk or appropriate administrative officer.

C. Copy of Paper Transcript in Electronic Format. All paper Transcripts generated on
a word processing system shall be accompanied by a copy of the Transcript in electronic format.

Rule 29. Exhibits

A. Documentary Exhibits. Documentary exhibits, including testimony in written form filed in Administrative Agency proceedings and photographs, shall be included in separately-bound volumes that conform to the requirements of Rule 28(A)(6).

(1) Approval by Court on Appeal. At the time the Notice of Appeal is filed with the trial court clerk, all parties to the appeal may jointly move the Court on Appeal to accept an electronically formatted Transcript. The motion must acknowledge the willingness of the trial court to provide a Transcript in an electronic format consistent with these rules.
(2) Transcription of Evidence. Consistent with the standards set forth in this rule, the court     reporter shall transcribe the evidence on an electronically formatted disk thereby creating an     electronic Transcript. The electronic Transcript shall be paginated and the lines sequentially     numbered. Marginal notations are not required, but the electronic Transcript shall designate     the point at which exhibits, by exhibit number, are considered at trial.
(3) Technical Standards. Standards for disk size, formatting, transmission and word processing software shall be determined jointly by the Division of State Court Administration and the Indiana Commission on Public Records. The Division of State Court Administration shall publish the established standards and distribute copies of such rules to all trial court clerks and Administrative Agencies.
(4) Exhibits. Rule 29 shall govern the submission of exhibits. Exhibits governed by Rule 29(B) shall be arranged in numerical order, indexed and included in a separate bound volume. See Rule 28(A)(6).
(5) Labeling. The court reporter shall transcribe the evidence on sequentially numbered disks in the event more than one disk is required for complete transcription. Multiple disks or sets of sequentially numbered disks shall be prepared and designated as Aofficial record,@ Aofficial working copy,@ Acourt reporter's copy,@ or Aparty copy.@ Each disk shall be labeled to identify the names of the parties and case number in the proceedings in the trial court; the attorney requesting the Transcript and attorney number; the Court on Appeal case number, if known; the disk number, if more than one (1) disk is required for a complete Transcript; the signature of the court reporter; and whether the disk is the official record, official working copy, court reporter's copy, or party copy.
(6) Certification of Electronic Record. The signature of the court reporter on the disk shall constitute the reporter's certificate.

C. Processing of Electronic Transcript by Clerk. Upon receipt of an electronic Transcript, the Clerk shall file stamp the disks and shall transmit and microfilm the record in a format as directed by the Court. Standards for the microfilm process shall conform to Administrative Rule 6. The official copy will remain in the custody and control of the Clerk pending the appeal. The official working copy will be employed by the Court on Appeal during its review of the case. Following the completion of the case, a paper or microfilm copy of the electronic Transcript shall be indexed as part of the case.

Rule 31. Statement of Evidence When No Transcript is Available

A. Party = s Statement of Evidence. If no Transcript of all or part of the evidence is available, a party or the party=s attorney may prepare a verified statement of the evidence from the best available sources, which may include the party=s or the attorney=s recollection. The party shall then file a motion to certify the statement of evidence with the trial court or Administrative Agency. The statement of evidence shall be attached to the motion.

B. Response. Any party may file a verified response to the proposed statement of evidence within fifteen (15) days after service.

C. Certification by Trial Court or Administrative Agency. Except as provided in Section D below, the trial court or Administrative Agency shall, after a hearing, if necessary, certify a statement of the evidence, making any necessary modifications to statements proposed by the parties. The certified statement of the evidence shall become part of the Clerk=s Record.

D. Controversy Regarding Action of Trial Court Judge or Administrative Officer. If the statements or conduct of the trial court judge or administrative officer are in controversy, and the trial court judge or administrative officer refuses to certify the moving party=s statement of evidence, the trial court judge or administrative officer shall file an affidavit setting forth his or her recollection of the disputed statements or conduct. All verified statements of the evidence and affidavits shall become part of the Clerk=s Record.

Rule 32. Correction or Modification of Clerk = s Record or Transcript

(1) confirms that the Clerk =s Record or Transcript reflects what actually occurred; or
(2) corrects the Clerk =s Record or Transcript, including the chronological case summary if necessary; to reflect what actually occurred.

B. Transmission of Order. The trial court clerk shall transmit to the Court on Appeal:
        
(1) the trial court =s order or order of an Administrative Agency and any corrections to the Clerk=s Record; and
(2) any corrections to the Transcript by means of a supplemental Transcript. See Rule 9(G). The title of any corrected Transcript shall indicate that it is a corrected Transcript.

Rule 33. Record on Agreed Statement

A. Applicability. The procedure in this Rule may be used only by the agreement of all the parties that the issues presented by the appeal are capable of resolution without reference to a Clerk=s Record or Transcript.

B. Content. The agreed statement of the record shall set forth only so many of the facts proved or sought to be proved as are essential to a decision of the questions by the court on appeal. The agreed statement shall include:

(1) a copy of the appealed judgment or order;
(2) a copy of the Notice of Appeal with its filing date;
(3) a statement of how the issues arose in the trial court or Administrative Agency; and
(4) the signatures of all parties or their attorneys.

C. Certification by Trial Court or Administrative Agency. The parties shall submit the agreed statement of the record to the trial court or the Administrative Agency, which shall certify it if it is accurate and adequate for resolution of the issues presented by the appeal. The trial court may amend or supplement the agreed statement with the consent of all parties before certification.

D. Transmission to the Court on Appeal. The agreed statement of the record shall be a part of the Clerk=s Record. The appellant shall include the agreed statement of the record in an Appendix to the appellant=s brief. See Rule 50.

B. Motions Subject to Decision Without Response. The Court will not await a response before ruling on the following motions:

(1) to extend time;
(2) to file an oversize Petition, brief or motion;
(3) to withdraw appearance;
(4) to substitute a party; and
(5) to withdraw the record.

The Court will consider any responses filed before it rules on the motion. A response filed after ruling on the motion will automatically be treated as a motion to reconsider; any party may file a motion to reconsider a decision on a motion described in this Section within ten (10) days after the Court= s ruling on the motion.

C. Response. Any party may file a response to a motion within ten (10) days after the motion is served. The fact that no response is filed does not affect the Court's discretion in ruling on the motion.

D. Reply. The movant may not file a reply to a response without leave of the Court. Any reply must be filed with the motion for leave, and tendered within five (5) days of service of the response.

E. Content of Motions, Responses and Replies. Except for the motions listed in Rule 34(B), a motion, response, or reply shall contain the following, but headings are not required:

(1) Statement of Grounds. A statement particularizing the grounds on which the motion, response, or reply is based;
(2) Statement of Supporting Facts. The specific facts supporting those grounds, including page citation to the Clerk=s Record or Transcript or other supporting material;
(3) Statement of Supporting Law. All supporting legal arguments, including citation to authority;
(4) Other Required Matters. Any matter specifically required by a Rule governing the motion; and

F. Verification of Facts Outside the Record on Appeal. When the motion, response, or reply relies on facts not contained in materials that have been filed with the Clerk, the motion, response, or reply shall be verified and/or accompanied by affidavits or certified copies of documents filed with the trial court clerk or Administrative Agency.

G. Form of Motions, Responses and Replies.

(1) Form; Citations; References. Motions, responses and replies shall conform to the requirements for briefs under Rule 43(B)-(G).
(2) Length. Unless the Court provides otherwise, a motion or a response shall not exceed ten (10) pages or 4,200 words, and replies shall not exceed five (5) pages or 2,100 words. If the document exceeds the page limit, it must contain a word count certificate in compliance with Rule 44(F).

H. Oral Argument. Ordinarily oral argument will not be heard on any motion.

Rule 35. Motion for Extension of Time

A. Time for Filing. Any motion for an extension of time shall be filed at least seven (7) days before the expiration of time unless the movant was not then aware of the facts on which the motion is based. No motion for an extension of time shall be filed after the time for doing the act expires.

B. Content.

(1) Required in All Motions. All motions shall be verified and state

(a) The date of the appealed judgment or order.
(b) The date any motion to correct error was ruled on or deemed denied.
(c) The date the Notice of Appeal was filed.
(d) The time period that is sought to be extended, and the event which triggered it.
(e) The date the act is to be done, how that date was established, including, if relevant, the means of service, whether the current due date is pursuant to a previous extension of time, and if so, whether final.
(f) The due date requested. This date shall be a business day as defined by Rule 25.
(g) The reason, in spite of the exercise of due diligence shown, for requesting the extension of time, including, but not limited to, the following:

(i) Engagement in other litigation, provided such litigation is identified by caption, number and court;

(h) If the motion is filed within seven (7) days before the expiration of time, the reasons why counsel was unaware of the need for the extension.

(2) Criminal Appeals. A motion in a Criminal Appeal shall also state, if applicable:

(a) the date the trial court granted permission to file a belated Notice of Appeal or a belated motion to correct error;
(b) the date of sentencing;
(c) the sentence imposed; and
(d) a concise statement of the status of the case, including whether the defendant has been released on bond, and whether the defendant has been incarcerated.

C. Proceedings in Which Extensions are Prohibited. No motion for extension of time shall be granted to file a Petition for Rehearing, a Petition to Transfer to the Supreme Court, a Petition for Review of the Tax Court decision by the Supreme Court, or any brief supporting or responding to such Petitions.

D. Restrictions on Extensions. Motions for extension of time in 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 shall be granted only in extraordinary circumstances.

Rule 36. Motion To Dismiss

A. Voluntary Dismissal. An appeal may be dismissed on motion of the appellant upon the terms agreed upon by all the parties on appeal or fixed by the Court.

B. Involuntary Dismissal. An appellee may at any time file a motion to dismiss an appeal for any reason provided by law, including lack of jurisdiction. Motions to affirm are abolished.

Rule 37 . Motion To Remand

    A. Content of Motion. At any time after the Court on Appeal obtains jurisdiction, any party may file a motion requesting that the appeal be dismissed without prejudice or temporarily stayed and the case remanded to the trial court or Administrative Agency for further proceedings. The motion must be verified and demonstrate that remand will promote judicial economy or is otherwise necessary for the administration of justice.

B. Effect of Remand. The Court on Appeal may dismiss the appeal without prejudice, and remand the case to the trial court, or remand the case while retaining jurisdiction, with or without limitation on the trial court=s authority. Unless the order specifically provides otherwise, the trial court or Administrative Agency shall obtain unlimited authority on remand.

Rule 38. Motion to Consolidate Appeals

A. Cases Consolidated at Trial or Hearing. When two (2) or more actions have been consolidated for trial or hearing in the trial court or Administrative Agency, they shall remain consolidated on appeal. If any party believes that the appeal should not remain consolidated, that party may file a motion to sever the consolidated appeal within thirty (30) days after the first Notice of Appeal is filed.

B. Cases Consolidated on Appeal. Where there is more than one (1) appeal from the same order or judgment or where two (2) or more appeals involve a common question of law or fact, the Court on Appeal may order a consolidation of the appeals upon its own motion, or upon the motion of any party.

Rule 39. Motion to Stay

A. Effect of Appeal. An appeal does not stay the effect or enforceability of a judgment or order of a trial court or Administrative Agency unless the trial court, Administrative Agency or Court on Appeal otherwise orders.

B. Motion in Trial Court or Administrative Agency. A motion for stay pending appeal may not be filed in the Court on Appeal unless a motion for stay was filed and denied by the trial court or by the Administrative Agency if it has authority to grant a stay. If the administrative agency does not have such authority, application for stay may be made directly to the Court on Appeal.

C. Motion in Court on Appeal. A motion for a stay pending appeal in the Court on Appeal shall contain certified or verified copies of the following:

(1) the judgment or order to be stayed;
(2) the order denying the motion for stay; and
(3) other parts of the Clerk =s Record or Transcript that are relevant.

E. Bond. If a stay is granted, the Court on Appeal may fix bond in accordance with Rule 18.

F. Length of Stay. Unless otherwise ordered, a stay shall remain in effect until the appeal is disposed of in the Court on Appeal. Any party may move for relief from the stay at any time.

Rule 40. Motion to Proceed in Forma Pauperis

A. Appeal From a Trial Court.

(1) Prior Authorization by the Trial Court. A party who has been permitted to proceed in the trial court in forma pauperis may proceed on appeal in forma pauperis without further authorization from the trial court or Court on Appeal. See Rule 9(E).
(2) Motion to the Trial Court. Any other party in a trial court who desires to proceed on appeal in forma pauperis shall file in the trial court a motion for leave to so proceed, together with an affidavit conforming to Form # App.R. 40-1, showing in detail the party=s inability to pay fees or costs or to give security therefor, the party=s belief that the party is entitled to redress, and a statement of the issues the party intends to present on appeal. If the trial court grants the motion, the party may proceed without further motion to the Court on Appeal. If the trial court denies the motion, the trial court shall state in a written order the reasons for the denial.
(3) Revocation of Authorization by the Trial Court. Before or after the Notice of Appeal is filed, the trial court may certify to or find that a party is no longer entitled to proceed in forma pauperis. The trial court shall state in a written order the reasons for such certification or finding.
(4) Motion to the Court on Appeal. If the trial court denies a party authorization to proceed in forma pauperis the party may file a motion in the Court on Appeal for leave to so proceed within thirty (30) days of service of the trial court=s order. The motion shall be accompanied by a copy of any affidavit supporting the party=s request filed in the trial court. If no affidavit was filed in the trial court or if the affidavit filed in the trial court is no longer accurate, the motion shall be accompanied by an affidavit conforming to Form # App.R. 40-1. The motion shall be accompanied by a copy of the order setting forth the trial court=s reasons for denying the party in forma pauperis status on appeal.

B. Appeal From an Administrative Agency. Any party to a proceeding before an Administrative Agency who desires to proceed in forma pauperis on appeal shall file with the Court on Appeal a motion for leave to so proceed, together with an affidavit conforming to Form # App.R. 40-3, showing in detail the party=s inability to pay fees or costs or to give security therefor, the party=s belief that the party is entitled to redress, and a statement of the issues the party intends to present on appeal.

(1) the trial court =s authorization to proceed in forma pauperis on appeal;
(2) an affidavit stating that the party was permitted to proceed in forma pauperis in the trial court and that the trial court has made no certification or finding under Rule 40(A)(3); or
    (3) a motion to the Court on Appeal to proceed in forma pauperis.

If the trial court subsequently enters an order containing a certification or finding under Rule 40 (A)(3), the party shall promptly file the trial court's order with the Clerk.

D. Effect of In Forma Pauperis Status. A party proceeding in forma pauperis:

    (1) is relieved of the obligation to prepay filing fees or costs in either the trial court or the Court on Appeal or to give security therefor; and
(2) may file legibly handwritten or typewritten briefs and other papers.

Rule 41. Motion to Appear as Amicus Curiae

A. Content. A proposed amicus curiae shall file a motion to appear as an amicus curiae. The motion shall identify the interest of the proposed amicus curiae and the party with whom the proposed amicus curiae is substantively aligned, and it shall state the reasons why an amicus curiae brief would be helpful to the court.

B. Time for Filing. The proposed amicus curiae shall file its motion to appear within the time allowed the party with whom the proposed amicus curiae is substantively aligned to file its brief or Petition.

C. Tender of Brief. The proposed amicus curiae shall tender or file its amicus curiae brief within the time allowed the party with whom the proposed amicus curiae is substantively aligned.

D. Belated Filing. The court may permit the belated filing of an amicus curiae brief on motion for good cause. If the court grants the motion, the court shall set a deadline for any opposing party to file a reply brief.

Rule 42. Motion to Strike

Upon motion made by a party within the time to respond to a document, or if there is no response permitted, within thirty (30) days after the service of the document upon it, or at any time upon the court =s own motion, the court may order stricken from any document any redundant, immaterial, impertinent, scandalous or other inappropriate matter.

B. Paper. The pages shall be 82 by 11 inch white paper of a weight normally used in printing and typing.

C. Production. The document shall be produced in a neat and legible manner using black print. It may be typewritten, printed or produced by a word processing system. It may be copied by any copying process that produces a distinct black image on white paper. Text shall appear on only one side of the paper.

D. Print Size. The typeface shall be 12-point or larger in both body text and footnotes.

E. Spacing. All printing in the text shall be double-spaced except lengthy quotes and footnotes shall be single-spaced. Single-spaced lines shall be separated by at least 4-point spaces.

    F. Numbering. The pages shall be numbered at the bottom.

G. Margins. All four margins for the text of the document shall be at least one (1) inch from the edge of the page.

H. Cover Colors. The document shall have a front and back cover in the following colors:

Appellant =s Brief and Appendix: Blue.
Appellee =s Brief and Appendix: Red.
Any reply brief (except as provided below): Gray.
Brief of intervenor or amicus curiae: Green.
Petition for Rehearing: White.
Brief in response to Rehearing: White.
Petition to Transfer or Review: Orange.
Brief in response to Transfer or Review: Yellow.
Reply brief to brief in response to Transfer or Review: Tan.
Petitioner =s brief after Review is granted: Blue.
Response brief after Review is granted: Red.
Reply brief after Review is granted: Gray.

J. Binding. The document shall be bound in book or pamphlet form along the left margin. Any binding process which permits the document to lie flat when opened is preferred.

K. Copy of Document in Electronic Format. All documents may be accompanied by a copy of the document in electronic format. Any electronic format used by the word processing system to generate the document is permissible.

Rule 44. Brief and Petition Length Limitations

A. Applicability. This Rule governs the length of briefs, Petitions for Rehearing, Petitions to Transfer to the Supreme Court, and Petitions for Review of a Tax Court decision by the Supreme Court.

B. Oversized Brief. A motion requesting leave to file any oversized brief or Petition shall be filed at least fifteen (15) days before the brief or Petition is due.

C. Items Excluded From Length Limits. The text of the following shall not be included in the page or word length limits of this rule:

Cover information
Table of contents
Table of authorities
Signature block
Certificate of service
Word count certificate
Appealed judgment or order of trial court or Administrative Agency, and items identified in Rule 46(A)(10).

Headings and footnotes are included in the length limits.

D. Page Limits. Unless a word count complying with Section E is provided, a brief or Petition may not exceed the following number of pages:

Appellant =s brief: thirty (30) pages
Appellee =s brief: thirty (30) pages
Reply brief (except as provided below): fifteen (15) pages
Reply brief with cross-appellee =s brief: thirty (30) pages
Brief of intervenor or amicus curiae: fifteen (15) pages
Petition for Rehearing: ten (10) pages

E. Word Limits. A brief or Petition exceeding the page limit of Section D may be filed if it does not exceed, and the attorney or the unrepresented party preparing the brief or Petition certifies that, including footnotes, it does not exceed, the following number of words:

Appellant =s brief: 14,000 words
Appellee =s brief: 14,000 words
Reply brief (except as provided below): 7,000 words
Reply brief with cross-appellee =s brief: 14,000 words
Brief of intervenor or amicus curiae: 7,000 words
Petition for Rehearing: 4,200 words
Brief in opposition to Rehearing: 4,200 words
Petition to Transfer or for Review: 4,200 words
Brief opposing Transfer or Review: 4,200 words
Reply brief to brief in response to Transfer or Review: 1,000 words
Petitioner =s brief after Review is granted: 14,000 words
Response brief after Review is granted: 14,000 words
Reply brief after Review is granted: 7,000 words

F. Form of Word Count Certificate. The following are acceptable word count certifications: AI verify that this brief (or Petition) contains no more than (applicable limit) words,@ and AI verify that this brief (or Petition) contains (actual number) words.@ The certification shall appear at the end of the brief or Petition before the certificate of service. The attorney or the unrepresented party certifying a word count may rely on the word count of the word processing system used to prepare the brief or Petition.

Rule 45. Time for Filing Briefs

A. Applicability. This Rule applies to appeals from Final Judgments and interlocutory orders. Filing deadlines relating to Petitions for Rehearing, to Transfer, and for Review are governed by Rules 54, 57 and 63 respectively.

B. Filing Deadlines.

(a) the date the trial court clerk or Administrative Agency issues its notice of completion of Clerk =s Record if the notice reports that the Transcript is complete or that no Transcript has been requested; or
(b) in all other cases, the date the trial court clerk or Administrative Agency issues its notice of completion of the Transcript.

(2) Appellee=s Brief. The appellee=s brief shall be filed no later than thirty (30) days after service of the appellant=s brief.
(3) Appellant=s Reply Brief; Cross-Appellee=s Brief. Any appellant=s reply brief shall be filed no later than fifteen (15) days after service of the appellee=s brief. If the reply brief also serves as the cross-appellee=s brief, it shall be filed no later than thirty (30) days after service of the appellee=s brief.
(4) Cross-Appellant=s Reply Brief. Any cross-appellant=s reply brief shall be filed no later than fifteen (15) days after service of the appellant=s reply brief.

C. Extensions of Time. Motions for extensions of time to file any briefs are governed by Rule 35.

D. Failure to File Timely. The appellant=s failure to file timely the appellant=s brief may subject the appeal to summary dismissal. The appellee=s failure to file timely the appellee=s brief may result in reversal of the trial court or Administrative Agency on the appellant=s showing of prima facie error.

Rule 46. Arrangement and Contents of Briefs

A. Appellant = s Brief. The appellant=s brief shall contain the following sections under separate headings and in the following order:

(1) Table of Contents. The table of contents shall list each section of the brief, including the headings and subheadings of each section and the page on which they begin.
(2) Table of Authorities. The table of authorities shall list each case, statute, rule, and other authority cited in the brief, with references to each page on which it is cited. The authorities shall be listed alphabetically or numerically, as applicable.
(3) Statement of Supreme Court Jurisdiction. When an appeal is taken directly to the Supreme Court, the brief shall include a brief statement of the Supreme Court=s jurisdiction to hear the direct appeal.
(4) Statement of Issues. This statement shall concisely and particularly describe each issue presented for Review.

(a) The facts shall be supported by page references to the Record on Appeal or Appendix in accordance with Rule 22(C).    
(b) The facts shall be stated in accordance with the standard of review appropriate to the judgment or order being appealed.
(c) The statement shall be in narrative form and shall not be a witness by witness summary of the testimony.
(d) In an appeal challenging a ruling on a post-conviction relief petition, the statement may focus on facts from the post-conviction relief proceeding rather than on facts relating to the criminal conviction.

(7) Summary of Argument. The summary should contain a succinct, clear, and accurate statement of the arguments made in the body of the brief. It should not be a mere repetition of the argument headings.
(8) Argument. This section shall contain the appellant=s contentions why the trial court or Administrative Agency committed reversible error.

(a) The argument must contain the contentions of the appellant on the issues presented, supported by cogent reasoning. Each contention must be supported by citations to the authorities, statutes, and the Appendix or parts of the Record on Appeal relied on, in accordance with Rule 22.
(b) The argument must include for each issue a concise statement of the applicable standard of review; this statement may appear in the discussion of each issue or under a separate heading placed before the discussion of the issues. In addition, the argument must include a brief statement of the procedural and substantive facts necessary for consideration of the issues presented on appeal, including a statement of how the issues relevant to the appeal were raised and resolved by any Administrative Agency or trial court.
(c) Each argument shall have an argument heading. If substantially the same issue is raised by more than one asserted error, they may be grouped and supported by one argument.
(d) If the admissibility of evidence is in dispute, citation shall be made to the pages of the Transcript where the evidence was identified, offered, and received or rejected, in conformity with Rule 22(C).
(e) When error is predicated on the giving or refusing of any instruction, the instruction shall be set out verbatim in the argument section of the brief with the verbatim objections, if any, made thereto.

B. Appellee = s Brief. The Appellee=s Brief shall conform to Section A of this Rule, except as follows:

(1) Agreement with Appellant=s Statements. The appellee=s brief may omit the statement of Supreme Court jurisdiction, the statement of issues, the statement of the case, and the statement of facts if the appellee agrees with the statements in the appellant=s brief. If any of these statements is omitted, the brief shall state that the appellee agrees with the appellant=s statements.
(2) Argument. The argument shall address the contentions raised in the appellant=s argument.
(3) Rule 46(A)(10). Items listed in Rule 46(A)(10) may be omitted.

C. Appellant = s Reply Brief. The appellant may file a reply brief responding to the appellee=s argument. No new issues shall be raised in the reply brief. The reply brief shall contain a table of contents, table of authorities, summary of argument, argument, conclusion, word count certificate, if needed, and certificate of service. See Rule 24(D).

D. Cross-Appeals.

(1) Designation of Parties in Cross-Appeals. When both parties have filed a Notice of Appeal, the plaintiff in the trial court or Administrative Agency shall be deemed the appellant for the purpose of this Rule, unless the parties otherwise agree or the court otherwise orders. When only one party has filed a Notice of Appeal, that party is the appellant, even if another party raises issues on cross-appeal.
(2) Appellee=s Brief. The Appellee=s Brief shall contain any contentions the appellee raises on cross-appeal as to why the trial court or Administrative Agency committed reversible error.
(3) Appellant