Rule 2. Definitions
Effective May 1, 2022
In these Rules, the following definitions apply:
A. Administrative Agency. An Administrative Agency is the Worker's Compensation Board, Indiana Civil Rights Commission, Indiana Election Commission, Indiana Utility Regulatory Commission, or Review Board of the Department of Workforce Development.
B. [Reserved]
C. Appendix. An Appendix is a compilation of documents filed by a party pertaining to an appeal under Rule 49 and Rule 50.
D. Clerk. The Clerk is the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court.
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.
F. Court and Court on Appeal. The terms “Court” and “Court on Appeal” shall refer to the Supreme Court and the Court of Appeals.
G. Criminal Appeals. Criminal Appeals are those cases which were designated by the originating court as a Murder – MR, Class A Felony – FA, Class B Felony – FB, Class C Felony – FC, Class D Felony – FD, Level 1 Felony – F1, Level 2 Felony – F2, Level 3 Felony – F3, Level 4 Felony – F4, Level 5 Felony – F5, Level 6 Felony – F6, 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.
H. Final Judgment. 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.
I. Notice of Appeal. The Notice of Appeal initiates the appeal under Rule 9 and replaces the praecipe for appeal.
J. Petition. 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.”
K. Transcript. 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.
L. Record on Appeal. 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.
M. Rules. The term “Rule” or “Rules” shall mean these Appellate Rules.
N. Case Record, Court Record, and Public Access. The terms “Case Record,” “Court Record,” and “Public Access” shall have the definitions provided in the Rules on Access to Court Records.
O. Court Reporter. “Court Reporter” shall mean a person who is designated by a court or Administrative Agency to perform official reporting services, including preparing the Transcript.
P. Case Management System (“CMS”). Case Management System is the system of networked software and hardware used by any Indiana court that may receive, organize, store, retrieve, transmit, and display all relevant documents in any case before it.
Q. Conventional Filing. Conventional Filing is the physical non-electronic presentation of documents to the Clerk or Court.
R. Electronic Filing (“E-Filing”). E-Filing is a method of filing documents with the clerk of any Indiana court by electronic transmission utilizing the Indiana E-Filing System. E-Filing does not include transmission by facsimile or by email.
S. E-Filing Manager (“EFM”). E-Filing Manager is the centralized entity approved by the Supreme Court that receives and transmits all E-Filing submissions between E-Filing Service Provider(s) and the appropriate CMS.
T. E-Filing Service Provider (“EFSP”). E-Filing Service Provider is the organization and software selected by a User and approved by the Supreme Court to receive and transmit all E-Filing submissions between the User and the Indiana E-Filing System.
U. Electronic Service (“E-Service”). E-Service is a method of serving documents by electronic transmission on any User in a case via the Indiana E-Filing System.
V. Indiana E-Filing System (“IEFS”). Indiana E-Filing System is the system of networked hardware, software, and service providers approved by the Supreme Court for the filing and service of documents via the Internet, into the CMS(s) used by Indiana courts.
W. Notice of Electronic Filing (“NEF”). Notice of Electronic Filing is the notice generated automatically when a document is submitted and transmitted through the IEFS, which sets forth the time of transmission, the name of the Court, User, party, attorney, trial court clerk, or Administrative Agency transmitting the document, the title of the document, the type of document, and the name of the Court, attorney, party, or other person meant to receive the Notice. The time noted in an NEF will be the time at the location of the court where the case is pending. An NEF will appear immediately on the User’s screen upon submission of the document for E-Filing.
X. Public Access Terminal. A Public Access Terminal is a publicly accessible computer provided by a clerk or court that allows a member of the public to access the IEFS and public court records.
Y. User Agreement. A User Agreement is an agreement in a form approved by the Indiana Office of Judicial Administration (IOJA) that establishes obligations and responsibilities of the User within the IEFS.
Z. User. User is a Registered User or Filing User.
(1) Filing User. Filing Users include court and clerk staff, unrepresented litigants, attorneys, or an agent whom an attorney has expressly designated to make a filing on the attorney’s behalf and who has an IEFS user ID, password, and limited authority to file documents electronically.
(2) Registered User. A Registered User is a person or entity with a user ID and password assigned by the IEFS or its designee who is authorized to use the IEFS for the electronic filing or service of documents.
AA. Service Contacts. A Service Contact is a person for whom an email address and other identifying information has been entered into the IEFS by a Registered User.
(1) Firm Service Contact. A Firm Service Contact is a Service Contact associated in the IEFS with an attorney, organization, or law firm.
(2) Public Service Contact. A Public Service Contact is a Service Contact who is listed on the Public Service List for purposes of E-Service. A Registered User may add a Service Contact to the Public Service List only if authorized by the Service Contact.
(3) Public Service List. The Public Service List is a directory of Public Service Contacts who are available for E-Service.