Rule 16. Appearances
Effective September 1, 2018
A. Initiating Parties.
The filing of a Notice of Appeal pursuant to Rule 9 or Notice of Expedited Appeal pursuant to Rule 14.1 satisfies the requirement to file an appearance.
B. Responding Parties.
All other parties participating in an appeal shall file an appearance form with the Clerk. (See Form # App.R. 16-1). When the State is appellee in a Criminal Appeal, the Clerk shall enter the appearance of the Attorney General. The appearance form shall be filed within fifteen (15) days after the filing of the Notice of Appeal or contemporaneously with the first document filed by the appearing party, whichever comes first. The appearance form shall contain the following:
(1) Name and address of the appearing party, and if the appearing party is not represented by counsel, the party's FAX number, telephone number, and electronic mail address, if any;
(2) Name, address, attorney number, telephone number, FAX number (if any), and electronic mail address of the attorneys representing the parties;
(3) If it is a civil case, whether appellee is willing to participate in Appellate ADR;
(4) Certification that the contact information listed on the Indiana Supreme Court Roll of Attorneys for each attorney is current and accurate as of the date the Appearance is filed (Attorneys can review and update their Roll of Attorneys contact information on the Indiana Courts Portal);
(5) Acknowledgement that all orders, opinions, and notices in the matter will be sent to the email address(es) specified by the attorney on the Roll of Attorneys regardless of the contact information listed on the Appearance; and
(6) Acknowledgment that each attorney listed on the Appearance is solely responsible for keeping his/her Roll of Attorneys contact information accurate per Ind. Admis. Disc. R. 2(A).
C. Parties to Certified Federal Questions.
If the Supreme Court decides to answer a question of law certified by a federal court under Rule 64, parties to the federal proceeding shall file an appearance form with the Clerk setting forth the same information identified in Section (B) of this Rule. Appearance forms shall be filed within thirty (30) days following the order of the Supreme Court granting the federal court's request for an opinion, or contemporaneously with the first document filed by the appearing party, whichever comes first.
D. Amicus Curiae.
When moving for leave to file an amicus curiae brief under Rule 41, the movant shall file an appearance form with the Clerk containing the following:
(1) Name and address of the movant;
(2) Name, address, attorney number, telephone number, FAX number, and electronic mail address, if any, of the attorneys representing the movant; and
(3) Whether the movant sought amicus curiae status in the proceeding before the trial court or Administrative Agency, and if so, whether the request was granted.
E. Correction of Information.
Parties shall promptly advise the Clerk of any change in the information previously supplied under this Rule and Rule 9. Attorneys whose contact information changes shall immediately update their contact information on the Indiana Supreme Court Roll of Attorneys using the website designated by the Supreme Court for this purpose.
F. Appearance on Transfer or Review.
If an attorney has entered an appearance in a case before the Court of Appeals or the Tax Court, that attorney need not file another appearance in any continuation of that case before the Supreme Court. If an attorney has been granted temporary admission in a case before the Court of Appeals or the Tax Court, that attorney need not again seek temporary admission in any continuation of that case before the Supreme Court.
G. Withdrawal of Appearance.
An attorney wishing to withdraw his or her appearance shall seek leave of the court by motion stating the reason that leave is sought. If a new attorney will be replacing the withdrawing attorney, the new attorney's appearance should, if possible, be filed with the motion to withdraw appearance.
H. Appearances in Certain Interlocutory Appeals.
In the case of an Interlocutory Appeal under Rules 14(B)(2) or 14(C), a party shall file an appearance setting forth the information required by Rule 16(B) at the time the motion requesting the Court on Appeal to accept jurisdiction over the interlocutory appeal is filed. (See Form # App. R. 16-2).