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.
How do I initiate an appeal before the Indiana Court of Appeals?
See Rule 9 of the Indiana Rules of Appellate Procedure ("App.R.").
How do I initiate an appeal before the Indiana Supreme Court?
How do I petition for transfer to the Indiana Supreme Court?
What is the fee for filing an appeal?
$250.00 for filing an original appeal with the Supreme Court or Court of Appeals. See App.R. 9. (NOTE: The Notice of Appeal is filed with the Clerk of the Supreme Court, Court of Appeals, and Tax Court, and a copy served contemporaneously by the appellant on the clerk of the trial court, among others. See App. R. 24(A).)
What are the page and word limitations on filings?
See App. R 44, Brief and Petition Length Limitations.
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 App.Rs. 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 the Clerk's Online Docket.
How do I file documents with the appellate courts?
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., 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 App. R. 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 App.R. 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 App.R. 25(C).
How can I check the status of my appeal?
You can monitor the progress of your appeal by logging onto the 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.