Ind. Rules Of App. Procedure

Front 1

What is the Appellant’s Case Summary?

Back 1

Rule (2)(B): The Appellant’s Case Summary is the appearance form filed by the appellant under Rule 15.

Front 2

What is the Appendix?

Back 2

Rule (2)(C):An Appendix is a compilation of documents filed by a party pertaining to an appeal under Rule 49 and Rule 50.

Front 3

What is the Clerk's Record?

Back 3

Rule (2)(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.

Front 4

What do the terms Court and Court on Appeal mean?

Back 4

Rule (2)(F): The terms “Court” and “Court on Appeal” shall refer to the Supreme Court and the Court of Appeals.

Front 5

What are Criminal Appeals?

Back 5

Rule (2)(G): 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.

Front 6

What is a Final Judgment?

Back 6

Rule 2(H): 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.

Front 7

What does a Notice of Appeal do?

Back 7

Rule 2(I): The Notice of Appeal initiates the appeal under Rule 9 and replaces the praecipe for appeal.

Front 8

What is a Petition?

Back 8

Rule 2(J): 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.”

Front 9

What is a Transcript?

Back 9

Rule 2(K): Rule 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.

Front 10

What is the Record on Appeal?

Back 10

Rule 2(L): 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.

Front 11

What does Case Record mean?

Back 11

Ind. App. R. 2(N)

the term "case record" shall mean a record defined by Administrative Rule 9(c)(2).

Front 12

What does Case Records Excluded from the public mean?

Back 12

Ind. App. R. 2(N)

Case records excluded from public access shall mean records identified in Administrative rule 9(G)(1).

Front 13

Which cases does the IN Supreme Court have mandatory and exclusive jurisdiction over?

Back 13

Ind. App. R. 4(A)(1) Appellate Jurisdiction

(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.

Front 14

Which cases does the IN Supreme Court have discretionary jurisdiction over?

Back 14

Ind. App. R. 4(A)(2) Appellate Jurisdiction

The Supreme Court shall have discretionary jurisdiction over cases in which it grants Transfer under Rule 56 or 57 or review under 63.

Front 15

Which cases does the Supreme Court have exclusive jurisdiction over?

Back 15

Ind. App. R. 4(B) Jurisdiction

(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 prosecutions thereof)

(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.

Front 16

When does the IN Court of Appeals have jurisdiction?

Back 16

Ind. App. R. 5(A) Court of Appeals Jurisdiction

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.

Front 17

Does the IN Court of Appeals have jurisdiction over interlocutory appeals?

Back 17

Ind. App. R. 5(B) Appeals from Interlocutory Orders

Yes: The Court of appeals shall have jurisdiction over appeals of interlocutory orders under Rule 14

Front 18

Where do you find the rule for Appeals from agency decisions?

Back 18

Ind. App. R. 5(C) Appeals from Agency Decisions

Front 19

What happens if there is an Appeal or Original Action in the wrong court?

Back 19

Ind. App. R. 6: Appeals 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.

Front 20

Can a defendant in a criminal appeal, appeal their sentence?

Back 20

Ind. App. R. 7(A) Review of Sentences

The defendant in Criminal Appeal may appeal the defendants sentence. The State may not initiate an appeal of a sentence, but may cross-appeal where provided by law.

Front 21

How can the Court revise a sentence?

Back 21

Ind. App. R. 7(B): Scope of Review

The Court may revise a sentence authorized by statute if, after due consideration of the trial court's decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.

Front 22

What is acquisition of jurisdiction?

Back 22

Ind. App. R. 8: Acquisition of Jurisdiction

The Court on Appeal acquires jurisdiction on the date the trial court clerk issues its Notice of Compliance of Clerk's record. Before that date, the Court on Appeal may, whenever necessary, exercise limited jurisdiction in aid of its appellate jurisdiction, such as motions under Rule 18 and 39.

Front 23

Death Penalty Cases and Initiation of Appeal- when does it begin?

Back 23

Ind. App. R. 9(B) Initiation of Appeal: Death Penalty Cases

When a trial court imposes a death sentence, it shall on the SAME DAY sentence is imposed, order the court reporter and trial court clerk to begin immediate preparation of the Record of Appeal.

Front 24

How many days within the defendant filing the notice of appeal shall the trial court clerk assemble the record?

Back 24

Ind. App. R. 10 (B)

Within thirty 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.

Front 25

What is the deadline for filing the transcript?

Back 25

Ind. App. R. 11(B)

Front 26

Does the Court of Appeals have to take an interlocutory appeal?

Back 26

No. if the trial court certifies an order for interlocutory appeal, the Court of appeals, IN ITS DISCRETION, upon motion by a party, may accept jurisdiction of the appeal.

Front 27

Interlocutory notice of appeal:

Back 27

If the Court of Appeals accepts jurisdiction, the appellant shall file a Notice of Appeal with the trial court clerk within fifteen days of the Court of Appeals' order accepting jurisdiction over the interlocutory appeal. The appellant shall also comply with Rule 9(E)

Front 28

Who files an appellant case summary?

Back 28

Rule 15(A)

Any party who has filed a Notice of Appeal shall file an Appellant's case summary with the Clerk. the filing of an Appellant's Case summary satisfies the requirement to file an appearance under Rule 16.

The appellant's case summary shall be filed within 30 days of the filing of the Notice of Appeal

Front 29

Appearances?

Back 29

Rule 16(A)

The filing of an Appellant's Case Summary pursuant to Rule 15 satisfies the requirement to file an appearance.

All other parties participating in the appeal shall file an appearance with the Clerk. (Rule 16 B)

Front 30

Who represents the state in all criminal appeals?

Back 30

the Attorney General.

Front 31

Does the death of an appellant abate a criminal appeal?

Back 31

Yes. (Rule 17(B))

Front 32

Should your brief refer to the parties as "appellant" or "appellee"?

Back 32

Rule 22(D)

NO! Reference to parties bu such designations as "appellant" and "appellee" shall be avoided. Instead, parties shall be referred to by their names, or by descriptive terms such as "the employee", etc.