Indiana Rules of Appellate Procedure

Rule 35. Motion For Extension Of Time

Effective January 1, 2011

A. Time for Filing.

Any motion for an extension of time shall be filed at least seven (7) days before the expiration of time unless the movant was not then aware of the facts on which the motion is based. No motion for an extension of time shall be filed after the time for doing the act expires.

B. Content.

(1) Required in All Motions.

All motions shall be verified and state

(a) The date of the appealed judgment or order.

(b) The date any motion to correct error was ruled on or deemed denied.

(c) The date the Notice of Appeal was filed.

(d) The time period that is sought to be extended, and the event which triggered it.

(e) The date the act is to be done, how that date was established, including, if relevant, the means of service, whether the current due date is pursuant to a previous extension of time, and if so, whether final.

(f) The due date requested. This date shall be a business day as defined by Rule 25.

(g) The reason, in spite of the exercise of due diligence shown, for requesting the extension of time, including, but not limited to, the following:

(i) Engagement in other litigation, provided such litigation is identified by caption, number and court;

(ii) The matter under appeal is so complex that an adequate brief cannot reasonably be prepared by the date the brief is due; or

(iii) Hardship to counsel will result unless an extension is granted, in which event the nature of the hardship must be set forth.

(h) If the motion is filed within seven (7) days before the expiration of time, the reasons why counsel was unaware of the need for the extension.

(2) Criminal Appeals.

A motion in a Criminal Appeal shall also state, if applicable:

(a) the date the trial court granted permission to file a belated Notice of Appeal or a belated motion to correct error;

(b) the date of sentencing;

(c) the sentence imposed; and

(d) a concise statement of the status of the case, including whether the defendant has been released on bond, and whether the defendant has been incarcerated.

C. Proceedings in Which Extensions are Prohibited.

No motion for extension of time shall be granted to file a Petition for Rehearing, a Petition to Transfer to the Supreme Court, any brief supporting or responding to such Petitions, or in appeals involving termination of parental rights.

D. Restrictions on Extensions.

Motions for extension of time in appeals involving worker's compensation, issues of child custody, support, visitation, paternity, adoption, and determination that a child is in need of services shall be granted only in extraordinary circumstances.