Indiana Rules of Appellate Procedure

Rule 29. Exhibits

Effective July 1, 2026

A. Documentary Exhibits.

Except for exhibits governed by Section (E), documentary exhibits, including testimony in written form filed in Administrative Agency proceedings and photographs, shall be included in separate volumes that conform to the requirements of Appendix A(1), (2)(a), (11), and (12). The Court Reporter shall also prepare an index of the exhibits contained in the separate volumes that conforms to the requirements of Appendix A(14). Documentary exhibit volumes shall be submitted in electronic format in accordance with Appellate Rule 28(c). Documentary exhibit volumes submitted in electronic format shall additionally conform to the requirements of Appendix A(15)-(19). The documentary exhibit volumes shall be transmitted to the Clerk with the electronic Transcript, using the same method of transmission as the electronic Transcript.

B. Audio and Video Recordings.

If a case includes exhibits in the form of audio or video recordings, the Court Reporter must prepare two copies, except for child sex abuse material (CSAM) addressed in Section (E). CSAM must not be copied or included in the record except by order of the Court on Appeal. The trial court must retain the original exhibits.

(1) The trial court clerk must mail one copy to the Clerk on CD, DVD, flash drive, or other physical media at the same time as the Transcript and documentary exhibits are filed. Such CDs, DVDs, flash drives, or physical media must be submitted in an envelope stapled into a conventional volume.

(2) The trial court clerk must provide one copy to the Appellant(s), either by electronic means or by mailing the CD, DVD, flash drive, or other physical media.

(3) At the time of filing of the Appellant’s Brief, if the Appellee(s) do not have access to the audio or video recordings under Rule 12(C), the Appellant must provide those recordings to the Appellee(s).

(4) Audio or video recordings submitted on physical media in criminal cases must be returned to the trial court five years after the appellate case is concluded. Audio or video recordings submitted on physical media in civil cases must be returned to the trial court sixty days after the appellate case is concluded.

C. Nondocumentary and Oversized Exhibits.

Except as provided in Section (E), nondocumentary and oversized exhibits must not be sent to the Court but must remain in the custody of the trial court or Administrative Agency during the appeal. Such exhibits must be briefly identified in the Transcript where they were admitted into evidence. Except as provided in Section (E), photographs of any exhibit may be included in the volume of documentary exhibits. Nondocumentary and oversized exhibits sent to the Court in criminal cases must be returned to the trial court five years after the appellate case is concluded. Nondocumentary and oversized exhibits sent to the Court in civil cases must be returned to the trial court sixty days after the appellate case is concluded.

D. Access to Court Records Rule 7.

Except for exhibits governed by Access to Court Records Rule 5(F), if an exhibit was accompanied by the separate written notice required by Access to Court Records Rule 7, the Court Reporter must comply with the requirements of Appellate Rule 23(F) when the exhibit is thereafter filed with the Trial Court Clerk. Exhibits governed by Access to Court Records Rule 5(F) are governed by Section (E).

E. Child Sex Abuse Material.

If an exhibit includes child sex abuse material (CSAM), as defined by I.C. 35-36-10-2, the Court Reporter must not prepare any copies of that exhibit. The Court Reporter or other custodian designated by the trial court must maintain the exhibits securely, confidentially, and separately from the other exhibits.

(1) A party that wishes to raise or respond to an issue on appeal that requires examination of CSAM must file a written motion requesting that the CSAM be transmitted to the Court on Appeal. The Court on Appeal may also order transmission on its own motion. Any order authorizing transmission must specify who may access the CSAM and the conditions of access, consistent with Access to Court Records Rule 5(F) and applicable law. Upon order of the Court on Appeal, the exhibits must be transported to the Clerk by personal delivery, not by mail or electronic transmission, by a law enforcement officer or other appropriate designee of the trial court.

(2) After the appellate case is concluded, including after certification under Rule 65 when applicable, the Court on Appeal must order the return of the exhibits to the law enforcement agency that had pretrial custody of the evidence or as otherwise ordered by the Court on Appeal.