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SUPREME COURT OF INDIANA
ORDER AMENDING RULES OF
Under the authority vested in this Court to provide by rule for the procedure
employed in all courts of this state and this Court's inherent authority to supervise the
administrative procedures of all courts, Rules 4 and 11 of the Indiana Rules of
Appellate Procedure are amended to read as follows (deletions shown by
new text shown by underlining):
RULE 4. CONSIDERATION OF APPEALS
. . .
(F) Order in Which Appeals Considered. All causes shall be entered on
the docket of the court on appeal in the order in which they are filed. Appeals in
criminal and habeas corpus cases, cases originating before the
Commission Utility Regulatory Commission and the Industrial Board of Indiana
Workers' Compensation Board, and all other cases entitled to precedence by
operation of law shall be advanced on the docket for the consideration of the court.
On written application of either party, other causes which involve the constitutionality
of any law, the public revenue, public health, the settlement of trusts or estates, or
which are otherwise of general public concern, may likewise be advanced by order of
the court after they are fully briefed. Causes advanced as aforesaid shall be entitled to
precedence in the consideration of the court.
RULE 11. REHEARING AND TRANSFERS
(A) Rehearings. Application for a rehearing of any cause may be made by
petition, separate from the briefs, signed by counsel, and filed with the clerk within
thirty (30) days from rendition of the decision, stating concisely the reasons why the
decision is thought to be erroneous. Such application may, if desired, be supported
by briefs, but such briefs must be filed simultaneously with the petition for rehearing.
Ind.Appellate Rule 12 (D) does not extend the time period for filing a petition for
rehearing. Parties opposing the rehearing may file briefs within fifteen (15) days after
the filing of the petition. No extension for time shall be granted for the filing of a
petition for rehearing or any brief in connection therewith. An opposition brief may
assert grounds which show that the decision should remain unchanged, or it may
present other grounds for rehearing. A petition and any supporting brief, together,
shall not exceed nine (9) pages or 4,200 words in length.
. . .
These amendments shall be effective January 1, 1999.
The Clerk of this Court is ORDERED to forward a copy of this order to the
Clerk of each Circuit Court in the State of Indiana; Attorney General of Indiana;
Legislative Services Agency and its Office of Code Revision; Administrator, Supreme
Court of Indiana; Administrator, Indiana Court of Appeals; Administrator, Indiana
Tax Court; Public Defender of Indiana; Indiana Supreme Court Disciplinary
Commission; Indiana Supreme Court Commission for Continuing Legal Education;
Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court
Administration; the libraries of all law schools in the state; The Michie Company; and
West Publishing Company.
West Publishing Company is directed to publish this order in the advance
sheets of this Court.
The Clerks of the Circuit Courts are ORDERED to bring this order to the
attention of all judges within their respective counties and to post this order for
examination by the Bar and general public.
DONE at Indianapolis, Indiana, this _____ day of December, 1998.
FOR THE COURT
Acting Chief Justice of Indiana
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