Appendix B. Tendered Documents That Do Not Comply with the Indiana Rule of Appellate Procedure.
Effective January 1, 2020
(1) A Notice of Defect may be issued if one or more of the following is missing, insufficient, or incomplete.
(a) A certificate of service, see Ind. Appellate Rules 24, 57(G)(7), 68(F);
(b) A word count certificate, see App. Rs. 34(G)(2), 44(E) & (F), 54(E), 57(G)(6);
(c) A table of contents or table of authorities, see App. Rs. 46(A)(1) & (2), 46(B), 46(E)(1), 50(A)(2), 50(B)(1), 50(C), 57(G)(2);
(d) For any document filed after the Notice of Appeal, a filing fee or material required by Appellate Rule 40; see App. Rs. 9(E), 40, 56(B), 63(P);
(e) For a motion to proceed in forma pauperis, a copy of any affidavit supporting the request to proceed in forma pauperis that was filed with the trial court or an affidavit conforming to Form #App. R. 40-2; or a copy of the order setting forth the trial court’s reasons for denying the in forma pauperis status on appeal;
(f) Document was tendered without first filing an appearance, see App. R. 16;
(g) For an Appendix, a verification of accuracy, see App. Rs. 50(A)(2)(i), 50(B)(1)(f);
(h) For an Appellant’s Brief, an accompanying copy of the trial court’s written opinion, memorandum of decision, or findings of fact and conclusions relating to the issue(s) raised in appeal, see App. R. 46(A)(12);
(i) For an Appellant’s Brief in a criminal appeal where the sentence is at issue, an accompanying copy of the sentencing order, see App. R. 46(A)(12);
(j) For a Petition to Transfer, a brief statement, set out by itself on the page immediately following the front page, identifying the issue, question presented, or precedent warranting transfer, see App. R. 57(G)(1);
(k) For a Petition for Review or brief in response, a brief section entitled Reasons for Granting or Denying Review, set out by itself immediately before the Argument section, explaining why review should or should not be granted, see App. R. 63(I).
(l) For a non-public access version of a document, a conspicuous designation of “Not for Public Access” or “Confidential” on the first page, see App. R. 23(F)
(2) A Notice of Defect may be issued if one or more of the following prohibited items is included:
(a) For any Brief, any additional documents, other than the appealed judgment or order, see App. Rs. 46(F), 46(H);
(b) For any document, information excluded from public access when the document is not accompanied by a Notice to Maintain Exclusion from Public Access, see App. R. 23(F)(3).
(3) A Notice of Defect may be issued if the document is otherwise defective because:
(a) Document Production issues exist, except for hyperlinks, which may appear in a color other than black, see App. Rs. 43(C), 51(A), and/or 54(F);
(b) Page numbering issues exist, see App. Rs. 23(F)(3)(b), 34(G), 43(F) and/or 51(C);
(c) The document was conventionally filed but should have been electronically filed through the Indiana E-Filing System, see App. R. 68(C).