Important Note: Attorneys are required to electronically file all documents in all appeals, except documents that initiate a CQ, OR, SD, or SP case. See the e-filing website and the e-filing user guide for more information.
What are issues the Appellate Clerk's Office does not handle?
- Federal court issues [aside from certified questions of state law from federal courts (Appellate Rule 64)]
- Jury duty
- Marriage licenses
- Matters related to the Indiana Roll of Attorneys, which is handled by the Indiana Supreme Court Office of Admissions and Continuing Education
- Protective orders (aside from appeals)
- Traffic tickets
How do I initiate an appeal before the Indiana Court of Appeals?
An appeal is initiated by filing a Notice of Appeal with the Appellate Clerk. See Rule 9 of the Indiana Rules of Appellate Procedure.
How do I petition for transfer to the Indiana Supreme Court?
See Appellate Rules 56 and 57.
What is the fee for filing an appeal?
$250.00 for filing an original appeal with the Supreme Court or Court of Appeals. See Appellate Rule 9.
Can I waive my filing fee?
Filing fees can be waived for parties who are granted In Forma Pauperis status. See Appellate Rule 40.
How do I request my transcript?
The Notice of Appeal form includes a section to request transcripts. See Appellate Rule 9(F)(5). Keep in mind that Appellate Rule 9(H) allows a Court Reporter to require the appellant to pay a 50% deposit based on the estimated cost of the Transcript.
What is a brief?
Briefs are documents that explain the legal reason why the trial court or administrative agency made or did not make an error. See Appellate Rules 43 through 48.
What are the page and word limitations on filings?
See Appellate Rule 44, Brief and Petition Length Limitations.
What is a certificate of service and what should it include?
A certificate of service is a statement confirming that you have sent copies of the tendered document to everyone who needs to receive it. This must include a list of the parties you sent it to, the date it was sent, and how you sent it. Read Appellate Rule 24(D) for all the requirements. The Appellate Clerk’s office does not serve documents on parties’ behalf.
What is the timeline of an appeal?
A standard appeal begins with the Appellant (the person appealing the decision) submitting a Notice of Appeal. The Notice of Appeal is due no later than 30 days after the entry of a Final Judgment being noted on the trial court’s Chronological Case Summary. See Appellate Rule 9.
After the Notice of Appeal is filed, the trial court or administrative agency needs to prepare the record. There are deadlines laid out in Appellate Rule 10, which the Appellant needs to pay attention to so that the appeal process stays on track. Appeals with missed deadlines can be subject to dismissal.
Both the Appellant and the Appellee are given the opportunity to submit briefs to the court. Briefs are documents that explain the legal reason why the trial court or administrative agency made or did not make an error.
There are deadlines for these briefs to be filed which are addressed in Appellate Rule 45:
- Appellant’s brief is due no later than 30 days after the Notice of Completion of Clerk’s Record is served if the transcript is complete or if no transcript was requested. Otherwise, it is due 30 days after the Notice of Completion of Transcript is served.
- Appellee’s Brief is due no later than 30 days after the Appellant’s Brief is served.
- The Appellant’s Reply Brief is due no later than 15 days after the Appellee’s Brief is served.
- Petitions for Rehearing and Transfer are addressed in Appellate Rules 54 and 57.
When is my hearing?
The Appellate Courts do not have hearings like trial courts. Most of the arguments are presented in the written Briefs. According to Appellate Rule 52(A), “the Court may, in its discretion, set oral argument.” See Appellate Rules 52 and 53.
Does a Notice of Appeal automatically stop a trial court’s order or judgment from being enforced?
No, filing a Notice of Appeal does not automatically stop an order or judgment from being enforced. However, the trial court, administrative agency, or appellate court can issue an order delaying or “staying” enforcement. See Appellate Rule 39.
The appellant's counsel has served me with a copy of his brief that is not file-stamped and which does not indicate the appellate cause number. How can I find out when the appellee's brief is due and the appellate cause number?
The appellee's brief's due date is based on the date you were served, which can be found on the certificate of service located at the back of the appellant's brief. If service was made by mail or third-party commercial carrier, you would then add three additional days to the 30-day due date. Three additional days are not added to documents personally served or electronically served through an approved e-filing service provider. See Appellate Rules 24 and 25. To find out the appellate cause number, you can either call the Clerk's Office at 317.232.1930 or search for your appeal through mycase.in.gov or the Clerk's Online Docket.
How do I file documents with the appellate courts?
See Appellate Rule 23, Filing, Appellate Rule 24, Service of Documents, and Appellate Rule 68, Electronic Filing and Electronic Service.
I received an adverse decision, is my case done?
After the Court of Appeals issues its decision, the parties may seek rehearing from the Court of Appeals or petition for transfer to the Indiana Supreme Court. Please see Appellate Rule 54 for information on rehearing and Appellate Rule 57 for information on requests to transfer to the Supreme Court.
When are opinions certified?
An appellate decision becomes official and enforceable once it gets certified. This happens after the deadline for filing a petition for rehearing, transfer, or review has passed. See Appellate Rule 65(E).
What are the business hours of the Clerk's Office?
The Clerk's Office is open 8:30 a.m. to 4:30 p.m. (Eastern), Monday through Friday, except on State holidays. After 4:30 p.m., filings may be electronically filed using an approved e-filing service provider, deposited in the U.S. mail, deposited with a third-party commercial carrier, or left in the Rotunda Filing Drop Box, located inside State House's second floor east entrance vestibule. See Appellate Rule 23(A). Filings that are in compliance with the Rules of Appellate Procedure will be file-stamped as of the date and time they are deposited in the Rotunda Filing Drop Box, or the date they are post-marked if deposited in the mail, or the date noted on the packaging if deposited with a third-party commercial carrier. Filings deposited on a Saturday, Sunday, or state holiday will be file-stamped as of the next business day.
What if my brief is due on a Saturday, a Sunday or a holiday?
If your filing deadline falls on a Saturday, Sunday, or holiday, then it is due on the first business day thereafter. See Appellate Rule 25, Computation of Time.
If I submit a document for filing by mail, is it considered "filed" when it is mailed?
Provided the document is in proper form, the document is deemed filed as of the date it is placed in the United States mail if the postage is prepaid and the envelope or package is properly addressed to the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court. The postmark on the envelope creates a rebuttable presumption that the document was placed in the mail on the date indicated by the postmark.
May I file documents by facsimile transmission (fax)? Does "e-filing" mean I can file/serve my documents via email?
No. The Appellate Rules do not allow filing by fax or email. Electronic filing must be done through an approved e-filing service provider.
Do I get three extra days to file if the document I am responding to was served on me by mail?
Generally, yes. See Appellate Rule 25(C).
How can I check the status of my appeal?
You can monitor the progress of your appeal by logging onto mycase.in.gov or the Clerk's Online Docket and typing in either your appellate case number, trial court case number, the party's last name, or the attorney's last name.