To the Bench, Bar, and Public:
The Indiana Supreme Court seeks public comment on the following proposed amendments to the Indiana Rules of Court.
Appellate Rules 12, 28, and 29
The proposed amendments to Appellate Rule 12(B) and Appellate Rule 12(C) would require the trial court clerk to upload the transcript into the appellate cause at the time of uploading the notice of filing transcript. Current procedure follows the practice of allowing counsel to check out the paper transcripts from their local counties during the briefing process. The digital age has made obsolete the need to keep the record at the local clerk's office.
The proposed amendments to Appellate Rules 28(F) and 29(B) implement the changes to Rule 12 and streamline distribution of electronic exhibits to the appellate clerk and parties.
Appellate Rule 65
The proposed amendment to Appellate Rule 65(D) would allow citation of non-precedential decisions issued on or after the amendment’s effective date, while maintaining the traditional prohibition for decisions issued before that time. The current rule reflects the traditional prohibition against citing unpublished decisions as precedent, with certain narrow exceptions. The traditional published/unpublished distinction is blurred by non-citable, non-precedential decisions readily available online through legal reporter services and courts’ own websites.
Trial Rule 65
The proposed amendment to Trial Rule 65(E) would allow a court to enjoin both parties from changing insurance policies during domestic relations cases. This is intended to prevent the party who controls the insurance policy from making unilateral changes during proceedings to eliminate coverage for the other party.
The Court invited public comment on the proposed amendments until November 7, 2022 at 12:00 p.m. (Eastern), and the comment period is now closed.