IN THE

SUPREME COURT OF INDIANA

ORDER AMENDING INDIANA RULES OF APPELLATE 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 9, 10, 11, 23, 30, 40 and 57 of the Rules of Appellate Procedure are amended to read as follows (deletions shown by striking and new text shown by underlining) ( Sample Forms 9-1, 9-2, 10-1, 10-2, 10-3 and 11-2 are substituted):

Rule 9 . Initiation of the Appeal

A. Filing the Notice of Appeal.

(1) Appeals from Final Judgments. A party initiates an appeal by filing a Notice of Appeal with the trial court clerk within thirty (30) days after the entry of a Final Judgment. However, if any party files a timely motion to correct error, a Notice of Appeal must be filed within thirty (30) days after the court's ruling on such motion, or thirty (30) days after the motion is deemed denied under Trial Rule 53.3. , whichever occurs first. 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.

Rule 10. Duties of Trial Court Clerk or Administrative Agency.

A. Notice to Court Reporter of Transcript Request. If a Transcript is requested, the trial court clerk or the Administrative Agency shall give immediate notice of the filing of the Notice of Appeal and the requested Transcript to the court reporter.

B. Assembly of Clerk’s Record. Within thirty (30) days of the filing of the Notice of Appeal, the trial court clerk or Administrative Agency shall assemble the Clerk’s Record. The trial court clerk or Administrative Agency is not obligated to index or marginally annotate the Clerk's Record.

C. Notice of Completion of Clerk’s Record. When the Clerk’s Record is assembled, On or before the deadline for assembly of the Clerk’s Record, the trial court clerk or Administrative Agency shall issue and file a Notice of Completion of Clerk’s Record with the Clerk and shall 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 been requested but has not been filed when the trial court clerk or Administrative Agency issues its Notice of Completion of the Clerk’s Record, the trial court clerk or Administrative Agency shall issue and file a Notice of Completion of Transcript with the Clerk and shall serve a copy on the parties within five (5) days after the court reporter files the Transcript. (See Form # App.R. 10-2)

E. Extension of Time to Complete Clerk’s Record. The trial court clerk or Administrative Agency may move the Court on Appeal designated in the Notice of Appeal for an extension of time to assemble the Clerk’s Record pursuant to Rule 35 (A) and shall state in such motion the factual basis for inability to comply with the prescribed deadline despite exercise of due diligence. (See Form # App.R. 10-3) Motions for extension of time in interlocutory appeals, appeals involving worker’s compensation, issues of child custody, support, visitation, paternity, adoption, determination that a child is in need of services, and termination of parental rights are disfavored and shall be granted only in extraordinary circumstances.

F. Failure to File Notice of Completion of Clerk’s Record. If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of Completion of Clerk’s Record, the appellant shall seek an order from the Court on Appeal compelling the trial court clerk to complete the Clerk’s Record and issue, file, and serve, its Notice of Completion. Failure of appellant to seek such an order not later than fifteen (15) days after the Notice of Completion of Clerk’s Record was due to have been issued, filed, and served shall subject the appeal to dismissal.

G. Failure to File Notice of Completion of Transcript. If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of Completion of Transcript required by Rule 10(D), the appellant shall seek an order from the Court on Appeal compelling the trial court clerk to issue, file and serve the Notice of Completion of Transcript. Failure of appellant to seek such an order not later than fifteen (15) days after the Notice of Completion of Transcript was due to have been issued, filed, and served shall subject the appeal to dismissal.

Rule 11. Duties of Court Reporter

A. Preparation of Transcript . The court reporter shall prepare, certify and file the Transcript designated in the Notice of Appeal with the trial court clerk or Administrative Agency in accordance with Rule 28 or Rule 29 Rules 28, 29 and/or 30. 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 Rules 28, 29 and/or 30. (See Form # App.R. 11-1)

B. Deadline for Filing Transcript. For the period until July 1, 2003, and until revised thereafter, the court reporter or Administrative Agency shall have ninety (90) days after the appellant files the Notice of Appeal to file the Transcript with the trial court clerk.

C. Extension of Time to File Transcript. The court reporter may move the Court on Appeal designated in the Notice of Appeal for an extension of time to file the Transcript pursuant to Rule 35 (A) and shall state in such motion the factual basis for inability to comply with the prescribed deadline despite exercise of due diligence. (See Form # App.R. 11-2) Motions for extension of time in interlocutory appeals, appeals involving worker’s compensation, issues of child custody, support, visitation, paternity, adoption, determination that a child is in need of services, and termination of parental rights are disfavored and shall be granted only in extraordinary circumstances.

D. Failure to Complete Transcript. If the court reporter fails to file the Transcript with the trial court clerk within the time allowed, the appellant shall seek an order from the Court on Appeal compelling the court reporter to do so. Failure of appellant to seek such an order not later than fifteen (15) days after the transcript Transcript was due to have been filed with the trial court clerk shall subject the appeal to dismissal.

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.

Rule 30. Preparation of Transcript in Electronic Format Only

A. Preparation of Electronic Transcript. In lieu of or in addition to a paper Transcript as set forth in Rule 28, with the approval of the trial court, all parties on appeal, and the Court on Appeal, the court reporter may submit an electronically formatted Transcript in accordance with the following:

    (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) (A) 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 “official record,” “official working copy,” “court reporter's copy,” or “party 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.

. . .

Rule 40. Motion To Proceed in Forma Pauperis

. . .

     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 40-1, showing in detail the party’s inability to pay fees or costs or to give security therefore, the party’s belief that the party is entitled to redress, and a statement of the issues that party intends to present on appeal.

Rule 57. Petitions to Transfer and Briefs

. . .

B. Decisions From Which Transfer May be Sought. Transfer may be sought from adverse decisions issued by the Court of Appeals in the following form:

(1) a published opinion;
(2) a not-for-publication memorandum decision;
(3) any amendment or modification of a published opinion or a not-for-publication memorandum decision; and
(4) an order dismissing an appeal.

Any other order by the Court of Appeals, including an order denying a motion for interlocutory appeal under Rule 14(B) and an order declining to authorize the filing of a successive petition for post conviction relief, shall not be considered an adverse decision for the purpose of petitioning to transfer, regardless of whether rehearing by the Court of Appeals was sought.

. . .


Replacement forms for sample forms 9-1, 9-2, 10-1, 10-2, 10-3, 11-2.


Form App. R. 9-1 Notice of Appeal



STATE OF INDIANA        )        IN THE [insert name of trial court]
        ) SS:
COUNTY OF _________             )        CASE NO. [ insert trial court number ]

_____________________,                )
)
Plaintiff(s),        )
)
vs.                    )
)
______________________,            )
)
Defendant(s).        )


NOTICE OF APPEAL FROM TRIAL COURT



[Plaintiff or Defendant - Insert designation and name of the party appealing], [by counsel or pro se - select one], pursuant to Ind. Appellate Rule 9(A), respectfully gives notice of an appeal from the following judgment(s) or order(s) entered by the [insert the name of the court]: [list title(s) and date(s) of appealed judgment(s) or order(s).]
This appeal is from [a final judgment or an interlocutory order – select one.]
This appeal will be taken to the Indiana [Supreme Court or Court of Appeals - select one pursuant to Ind. Appellate Rules 4&5].
Pursuant to Ind. Appellate Rule 10, the clerk of [insert name of trial court] is requested to assemble the Clerk’s Record, as defined in Ind. Appellate Rule 2(E).
Pursuant to Ind. Appellate Rule 11, the 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]

                     Respectfully submitted ,


                    _______________________________________
                     [Insert Name of Attorney or pro se party]
                    Address
                     Telephone number


CERTIFICATE OF SERVICE


The undersigned hereby certifies that a copy of the foregoing has been served upon the following by [indicate method of service], this ____ day of __________, 20__: [insert list of parties served, see Ind. Appellate Rule 9(A)(1)]
                    ________________________________________
                    [Insert name of Attorney or pro se party]

Form App. R. 9-2 Notice Of Appeal From Administrative Agency


                )        IN THE [insert name of Administrative Agency]
STATE OF INDIANA         ) SS:
                )        CASE NO . [insert Administrative Agency number]


_____________________,                )
)
Claimant(s),        )
)
vs.                    )
)
______________________,            )
)
Respondent(s).        )


NOTICE OF APPEAL FROM ADMINISTRATIVE AGENCY



[Insert designation and name of the party appealing], [by counsel or pro se - select one], pursuant to Ind. Appellate Rule 9(I), respectfully gives notice of an appeal from the following order(s) entered by the [insert the name of the Administrative Agency]: [list title(s) and date(s) of appealed order(s).]
This appeal is from [a final order or an interlocutory order – select one.]
This appeal will be taken to the Indiana Court of Appeals pursuant to Ind. Appellate Rule 5(C).
Pursuant to Ind. Appellate Rule 10, the [insert name of administrative agency] is requested to assemble the Clerk’s Record, as defined in Ind. Appellate Rule 2(E).
Pursuant to Ind. Appellate Rule 11, the court reporter of the [insert name of the Administrative Agency] is requested to transcribe, certify, and file with the [insert name of Administrative Agency] the following hearings of record, including exhibits: [designate requested portions of the transcript]


                     Respectfully submitted ,

                    _______________________________________
                    [Insert name of Attorney or pro se party]
                    Address
                     Telephone number


CERTIFICATE OF SERVICE


The undersigned hereby certifies that a copy of the foregoing has been served upon the following by [indicate method of service], this ____ day of __________, 20__: [insert list of parties served, see Ind. Appellate Rule 9(A)(1)]
                    ________________________________________
                    [Insert name of Attorney or pro se party]


Form App. R. 10-1 Notice of Completion of Clerk’s Record



IN THE

INDIANA [SUPREME COURT OR COURT OF APPEALS]


Case No.: __________________________
[Insert Supreme Court or Court of Appeals number, if known]




)    Appeal from the ________________
_______________________,        )    Court
                    )
Appellant(s),                )
)    Trial Court Case No:
vs.                    )    ____________________
)
_____________________,         )
)    The Honorable ________________, Appellee (s).                 )    Judge





NOTICE OF COMPLETION OF CLERK’S RECORD

__________________________, the Clerk of __________________ Court, hereby notifies the parties, pursuant to Appellate Rule 10(C), that the Clerk’s Record in this case has been assembled and is complete. The Transcript is (circle one):
Completed and filed with this clerk;
Not yet completed;
Not requested in the Notice of Appeal .
Attached to this Notice of Completion is a certified and updated copy of the Chronological Case Summary.
                ___________________________________
                     Clerk
                                                                        ___________________________________
                    Date issued
                    (see Ind. Appellate Rule 45(B)(1))

CERTIFICATE OF SERVICE

I certify that on [insert date] I sent copies of this Notice and a certified copy of the Chronological Case Summary to all parties of record and to the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court by United States Mail, postage pre-paid.

                ___________________________________
                     Clerk


Form 10-2 Notice Of Completion Of Transcript




IN THE
INDIANA [SUPREME COURT OR COURT OF APPEALS]


Case No.: __________________________
[insert Supreme Court or Court of Appeals number, if known]


)    Appeal from the ________________
______________________,        )    Court
                    )
Appellant(s),                )
)    Trial Court Case No:
vs.                    )    ____________________
)
_____________________,         )
)    The Honorable ________________, Appellee (s).                 )    Judge




NOTICE OF COMPLETION OF TRANSCRIPT

__________________________, the Clerk of __________________ Court, hereby notifies the parties, pursuant to Appellate Rule 10(D), that the Transcript in this case has been completed.
                        _________________________________
                        Clerk

                        __________________________________
                        Date issued
                        ( see Ind. Appellate Rule 45(B)(1))

CERTIFICATE OF SERVICE

I certify that on [insert date] I sent copies of this document to all parties of record and to the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court by United States Mail, postage pre-paid.

                    ___________________________________
                        Clerk        
                                                
Form App. R. 10-3 Clerk’s Verified Motion For Extension Of Time To Assemble Clerks’ Record



IN THE
INDIANA [SUPREME COURT OR COURT OF APPEALS]

Case No.: __________________________
[insert Supreme Court or Court of Appeals number, if known]


)     Appeal from the ________________
______________________,        )    Court
                    )
Appellant(s),                 )
)     Trial Court Case No :
vs.                    )    ____________________
)
_____________________,         )
)    The Honorable ________________, Appellee(s),                 )    Judge



CLERK’S
VERIFIED MOTION FOR EXTENSION OF TIME
TO ASSEMBLE CLERK’S RECORD

__________________________, the clerk of __________________ court, being first duly sworn upon his/her oath, respectfully petitions the Court for an extension of time in which to prepare the clerk’s record in this appeal. In support of this Motion, the clerk shows the Court as follows:
1.    The Appellant filed a Notice of Appeal on __________________, 20__.
2.    Pursuant to Appellate Rule 10(B), the clerk’s record is due to be assembled thirty days after the Notice of Appeal is filed. Unless this Motion is granted, the record assembly must be completed, and the Notice of Completion of Clerk’s Record must be issued no later than ___________________, 20__.

3.    This clerk respectfully requests an enlargement of time of ________ (____) days, to and including ______________, ______, in order to assemble the clerk’s record and issue its Notice of Completion.
4.    An extension of time is needed because: (state reasons specifically including case names and cause numbers)
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
5.    This is the (first/second/third) Verified Motion for Extension of Time to Assemble Clerk’s Record.
WHEREFORE, _______________________, clerk for ___________ court respectfully requests an extension of time of _____________ (_____) days within which to assemble the clerk’s record and issue its Notice of Completion of Clerk’s Record to _________________, 20__.
I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

                __________________________________________
Clerk, _____________________ Court



CERTIFICATE OF SERVICE

I certify that on [insert date] I sent copies of this document to all parties of record and to the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court by United States Mail, postage pre-paid.

                    ___________________________________
                         Clerk        

Form App. R. 11-1
IN THE
INDIANA [SUPREME COURT OR COURT OF APPEALS]


Case No.: __________________________
[insert Supreme Court or Court of Appeals number, if known]



)    Appeal from the ________________
____________________,        )    Court
                    )
Appellant(s),                )
)    Trial Court Case No:
vs.                    )    ____________________
)
_____________________,         )
)    The Honorable ________________, Appellee(s).                 )    Judge




NOTICE OF FILING OF TRANSCRIPT

__________________________, the Court Reporter of __________________ Court, hereby notifies the parties, pursuant to Appellate Rule 11(A), that the Transcript in this cause has been prepared and certified and is complete. This __________ day of ____________________, 20___, the Transcript was filed with the [clerk of the trial court/ Administrative Agency] in accordance with Appellate Rule[s] [28, 29 and/or 30].
___________________________________
                        Court Reporter
        
CERTIFICATE OF SERVICE

I certify that on [insert date] I sent copies of this document to all parties of record by United States Mail, postage pre-paid.

                    ___________________________________
                         Court Reporter         
Form App. R. 11-2 Motion for Extension to File Transcript



IN THE
INDIANA [SUPREME COURT OR COURT OF APPEALS]
Case No.: __________________________
[insert Supreme Court or Court of Appeals number, if known]


)     Appeal from the ________________
______________________,        )    Court
                    )
Appellant(s),                )
)    Trial Court Case No:
vs.                    )    ____________________
)
_____________________,         )
)    The Honorable ________________, Appellee(s).                 )    Judge



COURT REPORTER’S
VERIFIED MOTION FOR EXTENSION OF TIME
TO FILE TRANSCRIPT


__________________________, the court reporter for __________________ court, respectfully petitions the Court for an extension of time in which to file the transcript in this appeal. In support of this Motion, the court reporter shows the Court as follows:
1. The Appellant filed a Notice of Appeal on __________________, 20__. The notice of appeal requested the following transcript(s): _____________________________.
2. Pursuant to Appellate Rule 11(B), the transcript is due ninety (90) days after the Notice of Appeal is filed. Unless this Motion is granted, the transcript is due to be filed with the trial court no later than ___________________, 20__.
3. Arrangements have been made to pay for the preparation of the transcript.
OR Satisfactory arrangements have not been made for the preparation of the transcript in that (explain).
4. I estimate the transcript will be ______ pages long and will take _____ hours to prepare.
I began work on the transcript on ______ and have completed _____ pages and spent ______ hours.
(OR) I have not yet been able to begin work on the transcript because (state reasons specifically including case names and cause numbers and sizes of other transcripts, nature of case).
(OR) I have not been able to complete the transcript because (state reasons specifically including case names and cause numbers and sizes of other transcripts, nature of case)
6. I anticipate that I will complete the transcript on ________________.
7. I request that the time within which to complete the transcript be extended to__________________.
8. This is the (first/second/third) Verified Motion for Extension of Time to File Transcript.

WHEREFORE, _______________________, court reporter for ___________ court respectfully requests an extension of time of _____________ (_____) days within which to file the transcript to _________________, 20__.
I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

__________________________________________
Court Reporter, _____________________ Court







CERTIFICATE OF SERVICE

I certify that on [insert date] I sent copies of this document to all parties of record and to the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court by United States Mail, postage pre-paid.

                    ___________________________________
                        Court Reporter        

These amendments shall take effect 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; 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 of Indiana; 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 December, 2000.
                            FOR THE COURT

                            ______________________________
                            Randall T. Shepard
                            Chief Justice of Indiana

All Justices concur.