IN THE SUPREME COURT OF INDIANA
ORDER AMENDING RULES OF
TRIAL PROCEDURE

    Under the authority vested in this Court to provide by rule for the procedure employed in all courts of this state and this Court’s inherent authority to supervise the administrative procedures of all courts, Rules 25, 50, 53.3, 59, 60, 62, 77 , and 80 of the Rules of Trial Procedure of this Court, are amended to read as follow (deletions shown by striking and new text shown by underlining):

     TRIAL RULE 25. SUBSTITUTION OF PARTIES


     (A) Death.

(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by the court, any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of summons. Motion for substitution may be made before or after judgment, and if substitution is not reflected in the papers upon which the appeal is based, it may be made by motion in the court to which an appeal is taken at any time after the appeal is docketed; but any party shall, by notice filed with the Clerk of the court on appeal, advise the court on appeal of the substitution of any party. However, if the case is returned to a lower court after the judgment or order upon appeal becomes final, the motion may then be made in such lower court.

(2) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death may be suggested upon the record and the action shall proceed in favor of or against the surviving parties.

    

TRIAL RULE 50. JUDGMENT ON THE EVIDENCE
(DIRECTED VERDICT)


(A) Judgment on the Evidence -- How Raised--Effect. Where all or some of the issues in a case tried before a jury or an advisory jury are not supported by sufficient evidence or a verdict thereon is clearly erroneous as contrary to the evidence because the evidence is insufficient to support it, the court shall withdraw such issues from the jury and enter judgment thereon or shall enter judgment thereon notwithstanding a verdict. A party may move for such judgment on the evidence.

(1) after another party carrying the burden of proof or of going forward with the evidence upon any one or more issues has completed presentation of his evidence thereon; or
        
(2) after all the parties have completed presentation of the evidence upon any one or more issues; or
    
(3) after all the evidence in the case has been presented and before judgment; or

(4) in a motion to correct errors; or

(5) may raise the issue upon appeal for the first time in criminal appeals but not in civil cases; or

(6) The trial court upon its own motion may enter such a judgment on the evidence at any time before final judgment, or before the filing of a praecipe notice of appeal, or, if a Motion to Correct Error is made, at any time before entering its order or ruling thereon. A party who moves for judgment on the evidence at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a judgment on the evidence which is not granted or which is granted only as to a part of the issues is not a waiver of trial by jury even though all parties to the action have moved for judgment on the evidence. A motion for judgment on the evidence made at one stage of the proceedings is not a waiver of the right of the court or of any party to make such motion on the same or different issues or reasons at a later stage as permitted above, except that error of the court in denying the motion shall be deemed corrected by evidence thereafter offered or admitted.


TRIAL RULE 53.3. MOTION TO CORRECT ERROR:
TIME LIMITATION FOR RULING


(A) Time limitation for ruling on motion to correct error. In the event a court fails for forty-five (45) days to set a Motion to Correct Error for hearing, or fails to rule on a Motion to Correct Error within thirty (30) days after it was heard or forty-five (45) days after it was filed, if no hearing is required, the pending Motion to Correct Error shall be deemed denied. Any appeal shall be initiated by filing the praecipe notice of appeal under Appellate Rule 2(A) within thirty (30) days after the Motion to Correct Error is deemed denied.


TRIAL RULE 59. MOTION TO CORRECT ERROR


. . .

    (G) Cross errors. If a motion to correct error is denied, the party who prevailed on that motion may, in the appellate brief and without having filed a statement in opposition to the motion to correct error in the trial court, defend against the motion to correct error on any ground and may first assert grounds for relief therein, including grounds falling within Sections (A)(1) and (2) of this rule. In addition, if a praecipe notice of appeal rather than a motion to correct error is filed by a party in the trial court, the opposing party may raise any grounds as cross-errors and also may raise any reasons to affirm the judgment directly in the appellate brief, including those grounds for which a motion to correct error is required when directly appealing a judgment under Sections (A)(1) and (2) of this rule.

. . .


TRIAL RULE 60. RELIEF FROM JUDGMENT OR ORDER

(A) Clerical mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the trial court at any time before the record is filed on appeal of trial court clerk issues its Notice of Completion of Clerk’s Record. Such corrections may be made by the trial court on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, After the filing of the Notice of Completion of Clerk’s Record, such mistakes may be so corrected before the appeal is docketed in the court on appeal, and thereafter while the appeal is pending may be so corrected with leave of the court on appeal.

    . . .


TRIAL RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT


    (A) Execution. Execution may issue upon entry of a judgment except as otherwise provided in this rule hereinafter. During the pendency of an appeal the provisions of subdivision (C) of this rule govern the suspending, modifying, restoring, or granting of an injunction, the appointment of a receiver or, to the extent that a stay is not otherwise permitted by law upon appeal, any judgment or order for specific relief other than the payment of money.

    (B) Stay of execution. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the filing and disposition of

(1) a motion to correct error or to alter or amend a judgment made     pursuant to Rule 59,

(2) a motion for judgment in accordance with a motion for a judgment on the evidence made pursuant to Rule 50,

(3) a motion for amendment to the findings or for additional findings or for a new trial or judgment made pursuant to Rule 52,

(4) a motion for relief from a judgment or order made pursuant to Rule 60, or

(5) an appeal.

     (C) Stay of orders relating to injunctions, appointment of receivers and orders for specific relief. When an appeal is taken from an interlocutory or final judgment granting, dissolving or denying an injunction, the appointment of a receiver or, to the extent that a stay is not otherwise permitted by law upon appeal, from any judgment or order for specific relief other than the payment of money, the court to which the application is made in its sound discretion may suspend, modify, restore, or grant the injunction, the appointment of the receiver or the specific relief during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. Nothing in this rule is intended to affect the original jurisdiction of the Supreme or the Appellate Court of Indiana Court of Appeals.     

(D) Stay upon appeal.

(1) Procedure for obtaining. No appeal bond or other security shall be necessary to perfect an appeal from any judgment or appealable interlocutory order. Enforcement of a judgment or appealable interlocutory order will be suspended during an appeal upon the giving of an adequate appeal bond with approved sureties or an irrevocable letter of credit from a financial institution approved in all respects by the court. The bond or letter of credit may be given at or after the time of filing the notice of appeal. The stay is effective when the supersedeas appeal bond or letter of credit is approved by the appropriate court. The trial court or judge thereof shall have jurisdiction to fix and approve the bond or letter of credit and order a stay pending an appeal as well as prior to the appeal. If the stay is denied by the trial court or the judge thereof the appellate tribunal may reconsider the application at any time after denial; and this provision also shall apply to stays or relief allowed under subdivision (C) of this rule. When the stay or relief is granted by the court on appeal, the clerk of the Supreme Court shall issue a certificate thereof to the clerk of the court below who shall file it with the judgment or order below and deliver it to the sheriff or any officer to whom execution or an enforcement order has been issued.

(2) Form of appeal bond or letter of credit. Whenever an appellant a party entitled thereto desires a stay on appeal, he such party may present to the appropriate court for its approval a supersedeas an appeal bond which shall have such surety or sureties as the court requires or an irrevocable letter of credit from a financial institution. The bond or letter of credit shall be conditioned for the satisfaction of the judgment in full together with costs, interests, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond or letter of credit shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the a bond or letter of credit. When the judgment determines the disposition of the property in controversy as in real action, replevin, and actions to foreclose liens or when such property is in the custody of the sheriff or when the proceeds of such property or a bond or letter of credit for its value is in the custody or control of the court, the amount of the supersedeas appeal bond or letter of credit shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay.

(3) Effect of appeal bond or letter of credit. Nothing in this subdivision shall be construed as giving the right to stay, by giving such bond or letter of credit, any judgment or order which cannot now be stayed or suspended by the giving of an appeal bond, except as provided in subdivisions (A), (B), and (C) of this rule. The provisions in this rule do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.

     (E) Stay in favor of governmental organization Personal representative. When an appeal or review is taken by a governmental organization, or by a courtappointed representative of a decedent's estate, guardian, receiver, assignee for the benefit of creditors, trustee or other courtappointed representative, the operation or enforcement of the judgment shall be stayed as it would as against other persons upon application to the appropriate court, but no bond, obligation or other security shall be required.

     (F) Stay of execution under existing laws Other bonds required before or as a condition to judgment: money in lieu of bonds Amount fixed by court. Execution upon a judgment for recovery of money or sale of property may be stayed, and personal property taken in execution may be delivered up as now provided by law. Indiana Acts, ch. 38, §§ 493506 and §§ 531536 (Spec. Sess. 1881. Nothing in this rule is intended to alter the right of a party to the protection of a surety bond or security or to obtain relief by furnishing a surety bond or security before or as a condition of final judgment, including without limitation such protection or relief in replevin, ejectment, attachment and injunction actions, upon judicial review of administrative action, in suits upon a lost instrument, for costs and the like. In any case where a surety bond, letter of credit, or security is furnished under this rule, the right to furnish money or a check in lieu of a bond shall remain unimpaired. Any requirement that the amount of the bond or letter of credit be fixed and reconsidered by the court in civil actions and proceedings shall remain unaffected by this rule.

     (G) Effect of stay or temporary relief when new trial granted. When an appealable judgment or order is entered against a party who has obtained a prior stay or temporary relief by furnishing a surety bond, letter of credit, or other security, including without limitation relief in replevin, ejectment, attachment and injunctive actions, such stay or temporary relief shall lapse except to the extent:

    (1) provided in subdivision (A) of this rule; or

    (2) a stay is granted as provided or recognized in this rule.

If thereafter the order or judgment is reversed and a new trial or new hearing in fact is ordered or authorized in favor of such party, the original stay or relief shall not be reinstated unless the reversing court orders otherwise or, in the absence of such order, the court on the new trial or new hearing orders otherwise. When a stay or temporary relief is granted to a party seeking reversal of an appealable order or judgment under subdivision (B), (C), or (D) of this rule and a new trial or new hearing in fact is ordered or authorized in favor of such party, the stay or temporary relief shall continue until a final, appealable judgment or order is entered unless the court on review or appeal orders otherwise or, in the absence of such order, the court on the new trial or new hearing orders otherwise. Nothing in this subdivision is intended to limit the liability of the bondsman, the financial institution issuing the letter of credit, or other security or determine the order of liability assumed among different bondsmen or different security furnished in the course of proceedings before judgment, after judgment and after appeal or review.

(H) Stay of judgment as to multiple claims or multiple parties. When a court has ordered a final judgment under the conditions stated in Rule 54(B), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.



TRIAL RULE 77. COURT RECORDS


     (A) Required records. The clerk of the circuit court shall maintain the records for all circuit, superior, county, probate and municipal courts in the county.

(1) The clerk of the circuit court shall maintain any record required by an act of the general assembly or a duly promulgated rule of any state agency, including the following:

(a) Lis pendens record (IC 34-1-4-1) (IC 34-34-1-1) ;
(b) Record of transcripts and foreign judgments (IC 33-17-2-3(d));
(c) Judgment Docket (IC 33-17-2-3), wherein all orders requiring entry in the judgment docket shall include the term "judgment" in the title and shall set forth the specific dollar amount of the judgment in the body of the order;
(d) Execution docket (IC 33-17-2-6);
(e) Records specified under the probate code; and
(f) Records specified by the state board of accounts as to the fiscal matters relating to the court and clerk.

(2) The clerk of the circuit court shall also maintain the following records as specified under this rule:

(a) Chronological case summary;
(b) Case file;
(c) Record of judgments and orders (order book); and
(d) Indexes.

    . . .
        

TRIAL RULE 80. SUPREME COURT COMMITTEE ON
RULES OF PRACTICE AND PROCEDURE


         . . .

    (D) Procedure for amending rules. Except in case of an emergency or as otherwise directed by the Supreme Court, the procedure in this section shall be followed in amending the Indiana Rules of Procedure. On or before May December 1 the committee shall publish cause to be published or otherwise make made available for comment by the bench, bar, and public the preliminary draft of each amendment that it is considering submitting to the Supreme Court for adoption. The committee shall accept comments on the amendment for a period of thirty (30) sixty (60) days after publication, and may extend the period for comments upon request. Thereafter, the committee shall study all comments received. Only once each year on or before September May 1 of the following year, the committee shall submit to the Supreme Court for adoption the final draft of each amendment published, either as published or as amended further in light of the comments received, along with a complete copy of all comments received, unless the committee determines that the amendment requires further study or that the amendment will not promote the purposes of the Indiana Rules of Procedure. Only once each year on or before July 1, the Supreme Court shall act on each amendment received from the committee by referring the amendment back to the committee with instructions, rejecting it, or adopting it, either as submitted or as amended further by the Supreme Court, and shall notify the committee in writing of the action taken on each amendment. On January 1 of the following year, each amendment adopted shall take effect unless the Supreme Court orders otherwise.
. . .


EFFECTIVE DATES OF AMENDMENTS

    
The amendments to T.R. 77 and T.R. 80 shall take effect immediately.
    The amendments to T.R. 25, T.R. 50, T.R. 53.3, T.R. 59, T.R. 60, and T.R. 62 shall be effective on January 1, 2001.

    The Clerk of this Court is directed to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; the Michie Company; and West Publishing Company.
    West Publishing Company is directed to publish this order in the advance sheets of this Court.      The Clerks of the Circuit Courts are directed to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
        DONE at Indianapolis, Indiana, this _____ day of February, 2000.

                        FOR THE COURT

                        _____________________________
                        Randall T. Shepard
                        Chief Justice of Indiana




IN THE
SUPREME COURT OF INDIANA




ORDER AMENDING
RULES FOR ADMISSION TO THE BAR
AND
DISCIPLINE OF ATTORNEYS


Under the authority vested in this Court pursuant to Article 7, Section 4 of the Constitution of Indiana to exercise original jurisdiction in the admission to the practice of law and the discipline or disbarment of those admitted, Rules 23 and 29 of the Rules for Admission to the Bar and Discipline of Attorneys are amended to read as follows (deletions shown by striking and new text shown by underlining):

ADMISSION AND DISCIPLINE RULE 23.
DISCIPLINARY COMMISSION AND
PROCEEDINGS


Section 11.1. Summary Suspensions
    
(a) Upon finding that an attorney has been convicted found guilty of a crime punishable as a felony, the Supreme Court may suspend such attorney from the practice of law pending further order of the Court or final determination of any resulting disciplinary proceeding.

(1) The judge of any court in this state in which an attorney is convicted found guilty of a crime shall, within ten (10) days after the conviction finding of guilt, transmit a certified copy of the judgment of conviction proof of the finding of guilt to the Executive Secretary of the Indiana Supreme Court Disciplinary Commission.

(2) An attorney licensed to practice law in the state of Indiana who is convicted found guilty of a crime in any state or of a crime under the laws of the United States shall, within ten (10) days after such conviction finding of guilt, transmit a certified copy of the judgment of conviction finding of guilt to the Executive Secretary of the Indiana Supreme Court Disciplinary Commission.
    
(3) Upon receipt of information indicating that an attorney has been convicted found guilty of a crime punishable as a felony under the laws of any state or of the United States, the Executive Secretary shall verify the information, and, in addition to any other proceeding initiated pursuant to this Rule, shall file with the Supreme Court a Notice of Conviction Finding of Guilt and Request for Suspension, and shall forward notice to the attorney by certified mail. The attorney shall have fifteen (15) days thereafter to file any response to the request for suspension. Thereafter, the Supreme Court may issue an order of suspension upon notice of conviction finding of guilt which order shall be effective until further order of the Court.

. . .     

(c) Upon receipt of an order from a court pursuant to IC 31-1-11.5-13(k)
31-16-12-8 or IC 31-6-6.1-16(k) 31-14-12-5 stating that an attorney has been found to be delinquent in the payment of child support as a result of an intentional violation of an order for support, the Executive Secretary shall file with the Supreme Court a Notice of Intentional Violation of Support Order and Request for Suspension, and shall forward notice to the attorney by certified mail. The attorney shall have fifteen (15) days thereafter to file any response to the request for suspension. Thereafter, the Supreme Court may issue an order of suspension. Such order shall be effective until further order of the Court.

     . . .

Section 21. Annual Registration Fee


    Funds necessary to enable the Commission to carry out its functions, obligations and duties under this rule shall be provided as follows:

    (a) Except as provided in subsection (b), each attorney who is a member of the bar of this Court on August 1, 1978, and each attorney who is a member on August 1 of each year thereafter, shall so long as the attorney is a member of the Bar of this Court, pay a registration fee of seventy dollars ($70) a year on or before October 1 of such year. For each day after October 1 of a year that an attorney's registration fee is unpaid, an additional delinquent fee shall be added to the registration fee in the amount of $5.00 for each day of delinquency, not to exceed $100.00.

    Any attorney admitted to practice law in this State on a date subsequent to August 1 of each year shall, within ten (10) days of the date of his or her admission to the Bar of the Court, or by October 1 of said year, whichever date is later, pay a registration fee of $70.00. The Clerk of this Court shall furnish to the Commission the names and addresses of all persons admitted to practice subsequent to August 1 of each year as said persons are admitted.

    (b) No registration fee shall be required of:
    
    (1) A non-resident attorney who obtains leave of court to participate in a case in association with an attorney whose registration fee for the year has been paid, or
    
    (2) Aan attorney who files with the Clerk, on or before the date the registration fee would otherwise be due, an affidavit that he or she neither holds judicial office nor is engaged in the practice of law in this State. An attorney who is sixty-five (65) years old or older and files such an exemption affidavit may designate his or her exemption affidavit as a Retirement Affidavit. Such an affidavit once filed shall be effective for each succeeding year.
    
    (i) An exempt or retired attorney shall promptly notify the Clerk of a desire to return to active status, and pay the applicable registration fee for the current year, prior to any act of practicing law.

     . . .        

ADMISSION AND DISCIPLINE RULE 29.
MANDATORY CONTINUING LEGAL EDUCATION

    . . .
Section 10. Sanctions and Reinstatements.
(a) Sanctions. On January 1, a $150.00 late fee accrues against each Attorney or Judge who has not met his/her yearly or Educational Period requirements for the period ending December 31st of the previous year. On February 1 of each year the Commission shall mail a notice assessing a $150.00 late fee to those Attorneys or Judges who are shown as not having completed the yearly or Educational Period requirements. The Commission will consider the Attorney or Judge delinquent for CLE until both certification of attendance at a CLE program and payment of the late fee are received. Late fees and surcharges are to be deposited by the Commission immediately upon receipt. If the delinquent Attorney or Judge has not fulfilled the yearly or educational period requirements at the time the Court issues an order suspending that Attorney or Judge, the delinquency fee is forfeited. If the attorney or judge is reinstated to the practice of law pursuant to the provisions of Admission and Discipline Rule 29(10) within one year of suspension, any forfeited late fee shall be credited toward the reinstatement fee. A $100.00 surcharge will be added to the late fee for each consecutive year for which an Attorney or Judge fails to timely comply with CLE requirements.

On April 1 of each year, a list of those Attorneys or Judges still failing to complete the yearly or Educational Period requirements will be submitted to the Supreme Court for immediate suspension from practice of law. These Attorneys or Judges will suffer the suspension of their license to practice law and all related penalties until they are reinstated.

. . .


These amendments shall take effect immediately.
The Clerk of this Court is directed to forward a copy of this Order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; The Michie Company; and West Publishing Company.
West Publishing Company is directed to publish this Order in the advance sheets of this Court.
The Clerks of the Circuit Courts are directed to bring this Order to the attention of all judges within their respective counties and to post this Order for examination by the Bar and general public.
DONE at Indianapolis, Indiana, this _____ day of February, 2000.
                    FOR THE COURT
                    _____________________________
                    Randall T. Shepard
                    Chief Justice of Indiana





IN THE

SUPREME COURT OF INDIANA


ORDER AMENDING RULES OF
CRIMINAL PROCEDURE

    Under the authority vested in this Court to provide by rule for the procedure employed in all courts of this state and this Court’s inherent authority to supervise the administrative procedures of all courts, Rules 11, 19, 20 , and 24 of the Rules of Criminal Procedure of this Court, are amended to read as follow (deletions shown by striking and new text shown by underlining):



CRIMINAL PROCEDURE RULE 11. INSTRUCTIONS BY JUDGE AFTER FELONY TRIAL SENTENCING


    Upon entering a conviction, whether the acceptance of a guilty plea or by finding or by verdict, the court shall sentence a defendant convicted in a criminal case within thirty (30) days of the plea or the finding or verdict of guilty, unless an extension for good cause is shown.

    Following the sentence of a defendant convicted of a felony after trial on a plea of not guilty, and following a judgment revoking probation of a defendant found to have violated the terms of his probation after a contested felony probation revocation proceeding, the judge shall immediately advise the defendant as follows:

    (1) that he is entitled to take an appeal or file a motion to correct error;

    (2) that if he wishes to file a motion to correct error, it must be done within thirty (30) days of the sentencing;

    (3) that if he wishes to take an appeal from the judgment, he must file a praecipe notice of appeal designating what is to be included in the record of the proceedings on appeal within thirty (30) days of the sentencing or within thirty (30) days after the court's ruling on the motion to correct error, if one is filed; if the praecipe notice of appeal is not timely filed, the right to appeal will be forfeited;

    (4) that if he is financially unable to employ an attorney, the court will appoint counsel for defendant at public expense for the purpose of filing the motion to correct error and for taking an appeal.

    Provided further that when a trial court imposes a death sentence, it shall also advise the defendant at sentencing that the court reporter and clerk will begin immediate preparation of the record of proceedings.

. . .


CRIMINAL PROCEDURE RULE 19. TIME WITHIN WHICH THE
APPEAL MUST BE SUBMITTED


    In all criminal appeals and reviews, unless the time is extended by order of the Court on appeal, the record of the proceedings must be filed with the Clerk of the Supreme Court and Court of Appeals within ninety (90) days from the date the praecipe is filed. The praecipe notice of appeal designating what is to be included in the record of the proceedings on appeal must be filed within thirty (30) days of the sentencing or within thirty (30) days of the ruling on the motion to correct error, if one is filed. The time for filing other documents is governed by the Rules of Appellate Procedure. Unless filings are made within these time limits the right to appeal will be forfeited. When a trial court imposes a death sentence, it shall, on the same day sentence is imposed, order the court reporter and clerk to begin immediate preparation of the record of proceedings.


CRIMINAL PROCEDURE RULE 20. EXTENSIONS OF TIME


    Petitions for an extension of time in criminal cases shall follow the provisions of Appellate Rule 14(C) as follows: "shall contain a concise statement of the status of the case including information as to whether the defendant has been released on bond, whether he incarcerated and if incarcerated, the name of the institution."


CRIMINAL PROCEDURE RULE 24. CAPITAL CASES


     (A) Supreme Court Cause Number. Whenever a prosecuting attorney seeks the death sentence by filing a request pursuant to Ind.Code § 35-50-2-9, the prosecuting attorney shall file that request with the trial court and with the Court Administrator, Indiana Supreme Court, 312 315 State House, Indianapolis, Indiana 46204. Upon receipt of same, the Court Administrator shall open a cause number in the Supreme Court and notify counsel.
. . .

     (E) Imposition of Sentence. Whenever a court sentences a defendant to death, the court shall pronounce said sentence and issue its order to the Department of Correction for the defendant to be held in an appropriate facility. A copy of the order of conviction, order sentencing the defendant to death, and order committing the death-sentence inmate to the Department of Correction shall be forwarded by the court imposing sentence to the Indiana Supreme Court Administrator's Office. When a trial court imposes a death sentence, it shall, on the same day sentence is imposed, order the court reporter and clerk to begin immediate preparation of the record on appeal.

. . .

(L) Briefing on Appeal. In capital cases, counsel may shall place the verbatim judgment of the trial court and verbatim instructions and the verbatim objections thereto required by Appellate Rule 8(A) 50B in a separately bound appendix attachment. Such attachment shall not count against the word limit of the brief.

These amendments shall be effective January 1, 2001.

The Clerk of this Court is directed to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; the Michie Company; and West Publishing Company.
West Publishing Company is directed to publish this order in the advance sheets of this Court.
The Clerks of the Circuit Courts are directed to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
DONE at Indianapolis, Indiana, this _____ day of February, 2000.

                    FOR THE COURT

                                                                                                                            ________________________
                    Randall T. Shepard
                    Chief Justice of Indiana




IN THE

SUPREME COURT OF INDIANA


ORDER AMENDING RULES OF
PROCEDURE FOR POST-CONVICTION REMEDIES

    Under the authority vested in this Court to provide by rule for the procedure employed in all courts of this state and this Court’s inherent authority to supervise the administrative procedures of all courts, Rule PC 2 of the Rules of Procedure for Post-Conviction Remedies of this Court, are amended to read as follow (deletions shown by striking and new text shown by underlining):

RULE PC 2. BELATED PRAECIPE NOTICE OF APPEAL
BELATED MOTION TO CORRECT ERROR--BELATED APPEAL


Section 1. Belated Praecipe Notice of Appeal . Where a defendant convicted after a trial or plea of guilty fails to file a timely praecipe notice of appeal, a petition for permission to file a belated praecipe notice of appeal for appeal of the conviction may be filed with the trial court, where:

(a) the failure to file a timely praecipe notice of appeal was not due to the fault of the defendant; and

(b) the defendant has been diligent in requesting permission to file a belated praecipe notice of appeal under this rule.

The trial court shall consider the above factors in ruling on the petition. Any hearing on the granting of a petition for permission to file a belated praecipe notice of appeal shall be conducted according to Section 5, Rule P.C. 1.

If the trial court finds grounds, it shall permit the defendant to file the belated praecipe notice of appeal, which praecipe notice of appeal shall be treated for all purposes as if filed within the prescribed period.

If the trial court finds no grounds for permitting the filing of a belated praecipe notice of appeal, the defendant may appeal such denial by filing a praecipe notice of appeal within thirty (30) days of said denial.

Section 2. Belated Motion to Correct Error. Any defendant convicted after a trial or plea of guilty may petition the court of conviction for permission to file a belated motion to correct error addressing the conviction, where:

(a) no timely and adequate motion to correct error was filed for the defendant;

(b) the failure to file a timely motion to correct error was not due to the fault of the defendant; and

(c) the defendant has been diligent in requesting permission to file a belated motion error under this rule.

The trial court shall not consider the merits of the motion, but shall determine whether there are grounds for allowing the belated motion to correct error to be filed. Any hearing on the petition shall be conducted according to Sec. 5, Rule PC 1.

If the trial court finds such grounds, it shall permit the defendant to file the motion, and the motion shall then be treated for all purposes as a motion to correct error filed within the prescribed period.
    
If the trial court finds no such grounds, it shall deny defendant permission to file the motion. Defendant may initiate the appeal of such a denial by the filing of a praecipe notice of appeal within thirty (30) days of the denial. Jurisdiction for such appeal shall be determined by reference to the sentence originally imposed.

Section 3. Belated Appeal. Any defendant convicted after a trial may petition the appellate tribunal having jurisdiction by reason of the sentence imposed for permission to file a belated appeal of the conviction where he filed a timely praecipe notice of appeal, but:

(a) no appeal was perfected for the defendant;

(b) the failure to perfect the appeal was not due to the fault of the defendant; and

(c) the defendant has been diligent in requesting permission to file a belated appeal.

These amendments shall be effective January 1, 2001.

The Clerk of this Court is directed to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; the Michie Company; and West Publishing Company.
West Publishing Company is directed to publish this order in the advance sheets of this Court.
The Clerks of the Circuit Courts are directed to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
DONE at Indianapolis, Indiana, this _____ day of February, 2000.

                        
                    FOR THE COURT

                                                                                                                                ________________________
                        Randall T. Shepard
                        Chief Justice of Indiana



IN THE

SUPREME COURT OF INDIANA



ORDER AMENDING ADMINISTRATIVE RULES


    Under the authority vested in this Court to provide for the procedure employed in all courts of this state and this Court’s inherent authority to supervise the administrative procedures of all courts of this state, Administrative Rules 3, 4, 6, and 8 are amended to read as follow (deletions shown by striking and new text shown by underlining):

ADMINISTRATIVE RULE 3.


Court ADMINISTRATIVE DISTRICTS


    (A) The state of Indiana is hereby divided into fourteen (14) administrative districts as follows:

    (1) District 1, consisting of the counties of Lake, Porter, LaPorte, Starke, Pulaski, Jasper, and Newton;
    
    (2) District 2, consisting of the counties of St. Joseph, Elkhart, Marshall, and Kosciusko;
    
    (3) District 3, consisting of the counties of LaGrange, Adams, Allen, DeKalb, Huntington, Noble, Steuben, Wells, and Whitley;
    
    (4) District 4, consisting of the counties of Clinton, Fountain, Montgomery, Tippecanoe, Warren, Benton, Carroll, and White;
    
    (5) District 5, consisting of the counties of Cass, Fulton, Howard, Miami, Tipton, and Wabash;
    
    (6) District 6, consisting of the counties of Blackford, Delaware, Grant, Henry, Jay, Madison, and Randolph;
    
    (7) District 7, consisting of the counties of Clay, Parke, Putnam, Sullivan, Vermillion, and Vigo;
    
    (8) District 8, consisting of the counties of Boone, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby;
    (9) District 9, consisting of the counties of Fayette, Franklin, Rush, Union, and Wayne;
    
    (10) District 10, consisting of the counties of Greene, Lawrence, Monroe, and Owen;
    
    (11) District 11, consisting of the counties of Bartholomew, Brown, Decatur, Jackson, and Jennings;
    
    (12) District 12, consisting of the counties of Dearborn, Jefferson, Ohio, Ripley, and Switzerland;
    
    (13) District 13, consisting of the counties of Daviess, Dubois, Gibson, Knox, Martin, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick; and
        
    (14) District 14, consisting of the counties of Clark, Crawford, Floyd, Harrison, Orange, Scott, and Washington.

    (B) For the selection of members representatives to serve on the Board of Directors of the Judicial Conference of Indiana, the state of Indiana is divided into seventeen (17) trial Court districts as follows:the administrative districts shall be used as follows to determine the number of representatives from each geographical area of the state to be elected to the Board:
    
    (1) District 1, consisting of Lake County; – 2 representatives
    
    (2) District Districts 2, consisting of Porter, Newton, Jasper, and Starke counties and 3 combined, 3 representatives;

    (3) District 3, consisting of St. Joseph, Elkhart, and Marshall counties;
    
    (4) District (3) Districts 4, consisting of LaGrange, Steuben, Noble, DeKalb, and Allen counties and 5 combined, 2 representatives;

    (5) District 5, consisting of Kosciusko, Fulton, Cass, Miami, Wabash, Huntington, Wells, and Whitley counties;

    (6) District (4) Districts 6, consisting of Benton, Carroll, Clinton, Pulaski, Tippecanoe, Warren, and White counties and 9 combined, 2 representatives;

    (7) (5) District 7, consisting of Hamilton, Howard, Madison, and Tipton counties 1 representative;

    (8) (6) District 8, consisting of Adams, Blackford, Delaware, Grant, Jay, and Randolph counties 3 representatives;
    
    (9) District 9, consisting of Boone, Fountain, Hendricks, Montgomery, Morgan, Parke, Putnam, and Vermillion counties;

    (10) District (7) Districts 10, consisting of Marion County and 13 combined, 2 representatives;

    (11) District (8) Districts 11, consisting of Marion County and 12 combined, 1 representative; and

    (12) District 12, consisting of Fayette, Franklin, Hancock, Henry, Rush, Union, and Wayne counties;
    
    (13) District 13, consisting of Clay, Daviess, Greene, Knox, Owen, Sullivan, and Vigo counties;

    (14) (9) District 14, consisting of Bartholomew, Brown, Johnson, Monroe, and Shelby counties1 representative;.

    (15) District 15, consisting of Gibson, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick counties;

    (16) District 16, consisting of Crawford, Dubois, Harrison, Jackson, Lawrence, Martin, Orange, and Washington counties; and

    (17) District 17, consisting of Clark, Decatur, Dearborn, Floyd, Jefferson, Jennings, Ohio, Ripley, Scott, and Switzerland counties.

    When administrative districts are combined and three (3) representatives are to be elected, no more than two (2) may be from any one (1) county and no more than two (2) may be from any one (1) administrative district. When administrative districts are combined and two (2) representatives are to be elected, no more than one (1) may be from any one (1) county and no more than one (1) may be from any one (1) administrative district.


ADMINISTRATIVE RULE 4.


RECORDS MANAGEMENT COMMITTEES COMMITTEES


(A) Records Management Committee.

    (1) Creation and members. There is hereby created a committee to be known as the Records Management Committee. ThisThe Records Management Committee shall consist of members representative of the agencies responsible for the management and maintenance of the records of the courts throughout the State of Indiana. The members of this the Records Management Committee shall be appointed by the Supreme Court and shall serve at the pleasure of the Court. A member of the Supreme Court shall serve as Chairman chair of the Committee. and the office, The Executive Director, and staff of the Division of State Court Administration shall assist this the Committee in the performance of its duties.

(B) (2) Duties of the committee. The Records Management Committee shall conduct a continuous study of the practices, procedures, and systems for the maintenance, management and retention of court records employed by the courts and offices serving the courts of this State. Such study may include information management technology, such as micrographics, computerization, networking, desktop publishing, imaging, copiers, fax machines, video systems, implementation of courtroom security, and disaster prevention planning, online legal reference services and information exchange among attorneys, clerks and courts. The committee shall submit to the Supreme Court from time to time recommendations for the modernization, improvement and standardization of such practices, procedures and systems.

(C) (3) Meetings and compensation. The Records Management Committee shall meet at the call of the Chairman chair. and a majority vote of the members attending shall constitute a determination of the Committee. The Records Management Committee shall act by a vote of a majority of the member present at a committee meeting. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation of $100 for attending the Committee meetings as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses necessary for the performance of any duty incidental to service on the Records Management Committee.

(D) (4) Suggestions for improvement. The Committee shall encourage suggestions from all interested parties and the public for the improvement of the records management system employed by the courts and court agencies. These recommendations should be submitted in writing to the Division of State Court Administration, [Room] 323, State House, Indianapolis, Indiana 46204.

(B) Judicial Technology and Automation Committee.

     (1) Creation and members. In order to develop a uniform policy on implementation of information technology by the Indiana judicial system, there is hereby created a committee to be known as the Indiana Judicial Technology and Automation Committee. The members of the Committee shall be appointed by the Supreme Court and shall serve at the pleasure of the Court. A member of the Supreme Court shall serve as chair of the Committee. The Executive Director and staff of the Division of State Court Administration shall assist the Committee in the performance of its duties.

     (2) Duties of the committee. The Judicial Technology and Automation Committee shall conduct a continuous study of information technology applications for Indiana’s judicial system. The Committee’s charge includes but is not limited to the development of a long range strategy for technology and automation in Indiana’s judicial system. Such strategy may involve approaches for funding and implementation as well as the development of standards for judicial information case management systems, judicial data processing, electronic filing, deployment and use of judicial information on the Internet, and for all related technologies used in the courts. The Committee shall from time to time recommend to the Supreme Court the implementation of policies, standards and rules which promote effective use of technology and automation in the courts.

     (3) Meetings and compensation. The Committee shall meet at the call of the chair. The Committee shall act by a vote of a majority of the members present at a committee meeting. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses necessary for the performance of any duty incidental to service on the Committee.

(C) Indiana Supreme Court Commission on Race and Gender Fairness

    (1) Creation and members. There is hereby created a commission to be known as the Indiana Supreme Court Commission on Race and Gender Fairness. The commission shall consist of twenty five (25) members representative of the Indiana judiciary, the practicing bar, academia, state and local government, public organizations, law enforcement, and corrections. The members of the commission shall be appointed by the Supreme Court and shall serve for a period of three years each at the pleasure of the Supreme Court. The Supreme Court shall appoint a chair of the commission. A member of the Indiana Court of Appeals shall serve as vice-chair of the commission. A member of the commission shall serve as secretary. The Executive Director and staff of the Division of State Court Administration shall assist the commission in performance of its duties.

    (2) Duties of the commission. The Indiana Supreme Court Commission on Race and Gender Fairness shall study the status of race and gender fairness in Indiana’s justice system and shall investigate ways to improve race and gender fairness in the courts, legal system, among legal service providers, state and local government, and among public organizations. The Commission shall from time to time recommend to the Supreme Court the implementation of polices and procedures which promote race and gender fairness in the courts, among legal service providers in state and local government and by public organizations.

     (3) Meetings and compensation. The commission shall meet at the call of the chair. The commission shall act by a vote of a majority of the members present at a commission meeting. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses necessary for the performance of any duty incidental to service on the Commission.


ADMINISTRATIVE RULE 6


MICROFILMING STANDARDS


. . .

     (F) Disposal of Records after Microfilming. Court records which have been microfilmed in accordance with the standards set out in this rule may be destroyed or otherwise disposed but only after the court files a “Destruction Certificate” with the Division of State Court Administration certifying that the records have been microfilmed in accordance with the standards set out in this rule and the Division issues a written authorization for the destruction of such records. The Division of State Court Administration shall provide a form “Destruction Certificate” for this purpose.

ADMINISTRATIVE RULE 8


UNIFORM CASE NUMBERING SYSTEM


    (A) Application. All trial courts in the State of Indiana shall use the uniform case numbering system as set forth under this rule.

    ( B) Numbering System. The uniform case numbering system shall consist of four groups of characters arranged in a manner to identify the court, the year/month of filing, the case type and the filing sequence. The following is an example of the case number to be employed:

55C01-8604-CF-001


    (1) Court Identifier. The first group of five characters shall constitute the county and court identifier. The first and second character in this group shall represent the county of filing employing the following code:

01 Adams County
02 Allen County
. . .

The third character in the first group shall represent the court of filing employing the following code:

    C Circuit Court
    D Superior Court
    E County Court
    F Superior Municipal Division
    G Superior Court/Criminal Division
    H City Court
    I Town Court
    J Probate Court
    K Township Small Claims Court

The last two characters of the first group shall distinguish between courts in counties having more than one court of a specific type. The following code sets forth the county and court identifier for all courts:

01C01 Adams Circuit Court
01D01 Adams Superior Court
. . .
02D09 Allen Superior Court
02I01     Allen/New Haven Town Court
03C01 Bartholomew Circuit Court
. . .

09D01 Cass Superior Court 1
09D02     Cass Superior Court 2
10C01 Clark Circuit Court
. . .

20D05 Elkhart Superior Court 5 [Elkhart]
20D06     Elkhart Superior Court 6 [Elkhart]
20E01 Elkhart County Court 1 in Elkhart (abolished)
. . .

32I02 Hendricks/Brownsburg Town Court
32I03    Hendricks/Avon Town Court
33C01 Henry Circuit Court
. . .

45C01 Lake Circuit Court
45D01 Lake Superior Court, Civil Division 1
45D02 Lake Superior Court, Civil Division 2
45D03 Lake Superior Court, Civil Division 3
45D04 Lake Superior Court, Civil Division 4
45D05 Lake Superior Court, Civil Division 5
45D10     Lake Superior Court, Civil Division 6
45D11     Lake Superior Court, Civil Division 7
45D06 Lake Superior Court, Juvenile Division
45D07 Lake Superior Court, County Division 1
45D08 Lake Superior Court, County Division 2
45D09 Lake Superior Court, County Division 3
45D12     Lake Superior Court, County Division 4
45G01 Lake Superior Court, Criminal Division 1
. . .

45I02 Lake/Schererville Town Court
45I03    Lake/Lowell Town Court
46C01 LaPorte Circuit Court
. . .

79C01 Tippecanoe Circuit Court
. . .

79D03 Tippecanoe Superior Court 3
79E01D04 Tippecanoe County Court 1 Superior Court 4
79E02D05 Tippecanoe County Court 2 Superior Court 5
79H01 Tippecanoe/West Lafayette City Court
. . .

    These amendments shall take effect immediately.
    The Clerk of this Court is directed to forward a copy of this order to the Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana; Legislative Services Agency; Office of Code Revision; Legislative Services Agency; Administrator, Supreme Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission on Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; the libraries of all law schools in the state; the Department of Correction for posting at all prison libraries; The Michie Company; and West Publishing Company.
    West Publishing Company is directed to publish this order in the advance sheets of this Court.      The Clerks of the Circuit Courts are directed to bring this order to the attention of all judges within their respective counties and to post this order for examination by the Bar and general public.
        DONE at Indianapolis, Indiana, this _____ day of November, 1999.

                        FOR THE COURT

                        _____________________________
                        Randall T. Shepard
                        Chief Justice of Indiana



    


PROPOSED REVISED RULES OF APPELLATE PROCEDURE
COMPLETE TABLE OF CONTENTS


TITLE 1-SCOPE, DEFINITIONS, FORMS


Rule 1. Scope.

Rule 2. Definitions.

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

Rule 3. Use of Forms.

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.

Rule 7. Review of Sentences.
    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

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 Complete Clerk's Record

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 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

Rule 16. Appearances.

    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

Rule 17. Parties on Appeal.

     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

Rule 22. Citation Form.

    A. Citation to Cases
    B. Citation to Indiana Statutes, Regulations and Court Rules
    C. References to the Record on Appeal
    D. References to Parties
    E. Abbreviations

Rule 23. Filing.

    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

Rule 25. Computation of Time.

    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

Rule 29. Exhibits.

    

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

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


Rule 34. Motion Practice.
    
    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

Rule 36. Motion to Dismiss.

A. Voluntary Dismissal
B. Involuntary Dismissal

Rule 37. Motion to Remand.

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

Rule 39. Motion to Stay.

    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

Rule 42. Motion to Strike.

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


Rule 54. Rehearings.

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 60. Original Actions.

Rule 61. Mandate of Funds.

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
    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

Rule 67. Costs.

A. Time for Filing Motion for Costs
B. Components
C. Party Entitled to Costs

D. Supreme Court Equally Divided




































APPENDIX TO
INDIANA RULES OF APPELLATE PROCEDURE

SAMPLE FORMS


1.    # 9-1    Notice of Appeal                        Rule 9(A)

2.    #9-2    Notice of Appeal of Admin. Ag.                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 Ct. Reporter’s Notice that Transcript is Filed             Rule 11(A)

7.    #11-2    Motion for Time to Prepare Transcript            Rule 11(C)

8.    #15-1    Appellant’s Case Summary                    Rule 15(A)

9.    #28-1 Title Page and Cover                         Rule 28(A)(7)

10.     #40-1    Affidavit to Proceed in Forma Pauperis            Rule 40(A)

11.    #43-1    Cover for Brief                        Rule 43(I)

12.    #51-1    Cover for Appendices                        Rule 51(E)
            


( SAMPLE NOTICE OF APPEAL FROM                     Form App. R. 9-1
TRIAL COURT)

State of Indiana

County of _____________

IN THE

_________________________________________________
(Insert above the name of court)


___________________________,    )
Plaintiff                )
)
V.                )    Case No.
)
___________________________,    )
Defendant                )

NOTICE OF APPEAL

[Plaintiff or Defendant - Insert designation and name of the party appealing ], by counsel, pursuant to Ind. Appellate Rule 9(A), respectfully gives notice of an appeal from the final determination of the [insert the name of the court], dated [insert date of the decision] which is a [insert the nature of the proceeding]. This appeal will be taken to the Indiana [Supreme Court or Court of Appeals - select one pursuant to Ind. Appellate Rules 4&5].
The clerk of [insert name of trial court] is requested to assemble, in chronological order, all papers filed, or offered for filing, in this action.
The official court reporter of the [insert name of the court] is requested to transcribe, certify, and file with the clerk of the [insert name of trial court] the following hearings of record, including exhibits: [designate requested portions of the transcript]
                __________________________________
                Clerk

                ___________________________________
            Date


CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing has been served upon the following by placing same in the United States Mail, postage prepaid, this ____ day of __________, 20__:
                ________________________________________
                Clerk

                ________________________________________
                Date


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