Rule 62. Appeals Involving Waiver Of Parental Consent To Abortion
Effective January 1, 2012
A. Applicability.
This Rule governs an appeal by a minor or her physician from an adverse judgment or order of a trial court under Indiana Code 16-34-2-4.
B. Permitted Parties.
For the purposes of this Rule, the term “ physician” shall mean a natural person holding an unlimited license to practice medicine in the State of Indiana. The next friend of the minor shall be a natural person.
C. Appeal by Minor or Her Physician.
A minor or her physician wishing to appeal a judgment or order denying the waiver of parental consent to abortion shall file with the trial court, no later than ten (10) days after entry of the order or judgment is noted in the Chronological Case Summary, a written request that the Record on Appeal be prepared and certified. The trial court judge shall promptly certify the judgment or order and summary findings of fact and conclusion of law, together with the Petition initiating the proceeding, and either a stipulation of the facts or an electronic transcription of the evidence taken in the proceeding. These certified documents shall constitute the Record on Appeal. The trial court shall promptly transmit the Record on Appeal to the Clerk. No motion to correct error or Notice of Appeal shall be filed.
D. Appeal by State or Other Party.
If the trial court grants the requested consent but the State or any other proper party wishes to appeal and obtains a stay of the trial court's order or judgment, the State or other party shall follow the procedure in Section C.
E. Decision by the Supreme Court.
The appeal shall proceed directly to the Supreme Court, which shall decide the appeal on the Record on Appeal without briefs or oral argument, unless the Court otherwise directs. Any party may, however, file a short statement of special points desired to be brought to the attention of the Supreme Court, which statement need not conform to the usual requirements for appellate briefs.