Indiana Rules of Court
Rules of Appellate Procedure
TITLE 1 - SCOPE, DEFINITIONS, FORMS
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
N. Case Record and Case Records Excluded from Public Access
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.
A. Availability
B. Scope of Review
Rule 8. Acquisition of Jurisdiction.
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
J. Documents and Information Excluded from Public Access and Confidential Pursuant to Administrative Rule 9(G)(1)
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 File Notice of Completion of Clerk’s Record
G. Failure to File Notice of Completion of Transcript
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
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
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.
Rule 21. Order in Which Appeals are Considered.
A. Expedited Appeals
B. Motion for Expedited Consideration
A. Citation to Cases
B. Citation to Indiana Statutes, Regulations, Court Rules and County Local Court Rules
C. References to the Record on Appeal
D. References to Parties
E. Abbreviations
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
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
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 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
A. Processing of Electronic Transcript by Clerk
Appendix B – Standards for Preparation of Electronic Transcripts Pursuant to Appellate Rule 30.
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
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
A. Voluntary Dismissal
B. Involuntary Dismissal
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
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 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.
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
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
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 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 or Final Disposition
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
A. Time for Filing Motion for Costs
B. Components
C. Party Entitled to Costs
D. Supreme Court Equally Divided
(1) 9-1 Notice of Appeal Rule 9(A)
(2) 9-2 Notice of Appeal of Administrative Agency 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 Court Reporter’s Notice that Transcript is Filed Rule 11(A)
(7) 11-2 Motion for Extension to File 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)
Appendix B – Standards for Preparation of Electronic Transcripts Pursuant to Appellate Rule 30.
TITLE I - SCOPE, DEFINITIONS, FORMS
These Rules shall govern the practice and procedure for appeals to the Supreme Court and the Court of Appeals. The Court may, upon the motion of a party or the Court’s own motion, permit deviation from these Rules.
Rule 2. Definitions
In these Rules, the following definitions apply:
A. Administrative Agency. An Administrative Agency is the Worker’s Compensation Board, Indiana Civil Rights Commission, Indiana Utility Regulatory Commission, or Review Board of the Department of Workforce Development.
B. Appellant’s Case Summary. The Appellant’s Case Summary is the appearance form filed by the appellant under Rule 15.
C. Appendix. An Appendix is a compilation of documents filed by a party pertaining to an appeal under Rule 49 and Rule 50.
D. Clerk. The Clerk is the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court.
E. Clerk’s Record. The Clerk’s Record is the Record maintained by the clerk of the trial court or the Administrative Agency and shall consist of the Chronological Case Summary (CCS) and all papers, pleadings, documents, orders, judgments, and other materials filed in the trial court or Administrative Agency or listed in the CCS.
F. Court and Court on Appeal. The terms “Court” and “Court on Appeal” shall refer to the Supreme Court and the Court of Appeals.
G. Criminal Appeals. Criminal Appeals are those cases which were designated by the originating court as a Criminal Felony--CF; Class D Felony--DF; Criminal Misdemeanor--CM; Post Conviction Relief--PC; Juvenile Status--JS; Juvenile Delinquency--JD; Infraction--IF; Miscellaneous Criminal--MC; Local Ordinance Violation--OV, and Exempted Ordinance Violation--OE. This definition is for ease of reference and does not change the substantive rights of the parties.
H. Final Judgment. A judgment is a final judgment if:
(1) it disposes of all claims as to all parties;
(2) the trial court in writing expressly determines under Trial Rule 54(B) or Trial Rule 56(C) that there is no just reason for delay and in writing expressly directs the entry of judgment (i) under Trial Rule 54(B) as to fewer than all the claims or parties, or (ii) under Trial Rule 56(C) as to fewer than all the issues, claims or parties;
(3) it is deemed final under Trial Rule 60(C);
(4) it is a ruling on either a mandatory or permissive Motion to Correct Error which was timely filed under Trial Rule 59 or Criminal Rule 16; or
(5) it is otherwise deemed final by law.
I. Notice of Appeal. The Notice of Appeal initiates the appeal under Rule 9 and replaces the praecipe for appeal.
J. Petition. The term “Petition” shall mean a Petition for Rehearing, a Petition to Transfer an appeal to the Supreme Court, and a Petition for Review of a Tax Court decision by the Supreme Court. A request for any other relief shall be denominated a “motion.”
K. Transcript. Transcript shall mean the transcript or transcripts of all or part of the proceedings in the trial court or Administrative Agency that any party has designated for inclusion in the Record on Appeal and any exhibits associated therewith.
L. Record on Appeal. The Record on Appeal shall consist of the Clerk’s Record and all proceedings before the trial court or Administrative Agency, whether or not transcribed or transmitted to the Court on Appeal.
N. Case Record and Case Records Excluded From Public Access. The term “Case Record” shall mean a record defined by Administrative Rule 9(C)(2). “Case Records Excluded From Public Access” shall mean records identified in Administrative Rule 9(G)(1).
Amended Sep. 30, 2004, effective Jan. 1, 2005.
Counsel, parties, court reporters, and trial court clerks are encouraged to use the forms published in an Appendix to these Rules.
Rule 4. Supreme Court Jurisdiction
A. Appellate Jurisdiction.
(1) Mandatory Review. The Supreme Court shall have mandatory and exclusive jurisdiction over the following cases:
(a) Criminal Appeals in which a sentence of death or life imprisonment without parole is imposed under Ind. Code § 35-50-2-9 and Criminal Appeals in post conviction relief cases in which the sentence was death.
(b) Appeals of Final Judgments declaring a state or federal statute unconstitutional in whole or in part.
(c) Appeals involving waiver of parental consent to abortion under Rule 62.
(d) Appeals involving mandate of funds under Trial Rule 60.5(B) and Rule 61.
(2) Discretionary Review. The Supreme Court shall have discretionary jurisdiction over cases in which it grants Transfer under Rule 56 or 57 or Review under Rule 63.
B. Other Jurisdiction. The Supreme Court shall have exclusive jurisdiction over the following matters:
(1) The Practice of Law. Matters relating to the practice of law including:
(a) Admissions to practice law;
(b The discipline and disbarment of attorneys admitted to the practice of law; and
(c) The unauthorized practice of law (other than criminal prosecutions therefor).
(2) Supervision of Judges. The discipline, removal and retirement of justices and judges of the State of Indiana;
(3) Supervision of Courts. Supervision of the exercise of jurisdiction by other courts of the State of Indiana, including the issuance of writs of mandate and prohibition; and
(4) Issuance of Writs. Issuance of writs necessary or appropriate in aid of its jurisdiction.
Rule 5. Court of Appeals Jurisdiction
A. Appeals From Final Judgments. Except as provided in Rule 4, the Court of Appeals shall have jurisdiction in all appeals from Final Judgments of Circuit, Superior, Probate, and County Courts, notwithstanding any law, statute or rule providing for appeal directly to the Supreme Court of Indiana. See Rule 2(H).
B. Appeals From Interlocutory Orders. The Court of Appeals shall have jurisdiction over appeals of interlocutory orders under Rule 14.
C. Appeals From Agency Decisions.
(1) Jurisdiction. The Court of Appeals shall have jurisdiction to entertain actions in aid of its jurisdiction and to review final orders, rulings, decisions and certified questions of an Administrative Agency.
(2) Assignment of Errors. No party shall file an assignment of errors in the Court of Appeals notwithstanding any law, statute, or rule to the contrary. All issues and grounds for appeal appropriately preserved before an Administrative Agency may be initially addressed in the appellate brief.
Rule 6. Appeal or Original Action in Wrong Court
If the Supreme Court or Court of Appeals determines that an appeal or original action pending before it is within the jurisdiction of the other Court, the Court before which the case is pending shall enter an order transferring the case to the Court with jurisdiction, where the case shall proceed as if it had been originally filed in the Court with jurisdiction.