Indiana Rules of Appellate Procedure

Rule 9. Initiation Of The Appeal

Effective January 1, 2024

A. Procedure for Filing the Notice of Appeal with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court.

(1) Appeals from Final Judgments.

A party initiates an appeal by filing a Notice of Appeal with the Clerk (as defined in Rule 2(D)) within thirty (30) days after the entry of a Final Judgment is noted in the Chronological Case Summary. However, if any party files a timely motion to correct error, a Notice of Appeal must be filed within thirty (30) days after the court's ruling on such motion is noted in the Chronological Case Summary or thirty (30) days after the motion is deemed denied under Trial Rule 53.3, whichever occurs first.

(2) Interlocutory Appeals.

The initiation of interlocutory appeals is covered in Rule 14.

(3) Administrative Appeals.

A judicial review proceeding taken directly to the Court of Appeals from an order, ruling, or decision of an Administrative Agency is commenced by filing a Notice of Appeal with the Clerk within thirty (30) days after the date of the order, ruling or decision, notwithstanding any statute to the contrary.

(4) Abolition of Praecipe.

The praecipe for preparation of the Record is abolished.

(5) Forfeiture of Appeal.

Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited except as provided by P.C.R. 2.

B. Death Penalty Cases.

When a trial court imposes a death sentence, it shall on the same day sentence is imposed, order the Court Reporter and trial court clerk to begin immediate preparation of the Record on Appeal.

C. Joint Appeals.

If two (2) or more persons are entitled to appeal from a single judgment or order, they may proceed jointly by filing a joint Notice of Appeal. The joined parties may, thereafter, proceed on appeal as a single appellant.

D. Cross-Appeals.

An appellee may cross-appeal without filing a Notice of Appeal by raising cross-appeal issues in the appellee's brief. A party must file a Notice of Appeal to preserve its right to appeal if no other party appeals.

E. Payment of Filing Fee.

The appellant shall pay to the Clerk the filing fee of $250. No filing fee is required in an appeal prosecuted in forma pauperis or on behalf of a governmental unit. The filing fee shall be paid to the Clerk when the Notice of Appeal is filed. The Clerk shall not file any motion or other documents in the proceedings until the filing fee has been paid. A party may proceed on appeal in forma pauperis pursuant to Rule 40.

F. Content of Notice of Appeal.

The Notice of Appeal shall include the following:

(1) Party Information.

(a) Name and address of the parties initiating the appeal, and if a party is not represented by counsel, the party's FAX number, telephone number, and electronic mail address, if any;

(b) Name, address, attorney number, FAX number (if any), telephone number and electronic mail address of each attorney representing the parties initiating the appeal;

(c) 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 Notice of Appeal is filed (Attorneys can review and update their Roll of Attorneys contact information on the Indiana Courts Portal);

(d) 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 Notice of Appeal; and

(e) Acknowledgment that each attorney listed on the Notice of Appeal is solely responsible for keeping his/her Roll of Attorneys contact information accurate per Ind. Admis. Disc. R. 2(A).

(2) Trial Information.

(a) Title of case;

(b) Names of all parties;

(c) Trial court or Administrative Agency;

(d) Case number;

(e) Name of trial judge;

(3) Designation of Appealed Order or Judgment.

(a) The date and title of the judgment or order appealed;

(b) The date on which any Motion to Correct Error was denied or deemed denied, if applicable;

(c) The basis for appellate jurisdiction, delineating whether the appeal is from a Final Judgment, as defined by Rule 2(H); an interlocutory order appealed as of right pursuant to Rule 14(A) or 14(D); an interlocutory order accepted for discretionary appeal pursuant to Rule 14(B) or 14(C); or an expedited appeal pursuant to Rule 14.1; and

(d) A designation of the court to which the appeal is taken.

(4) Direction for Assembly of Clerk's Record.

Directions to the trial court clerk to assemble the Clerk's Record.

(5) Request for Transcript.

A designation of all portions of the Transcript necessary to present fairly and decide the issues on appeal. If the appellant intends to urge on appeal that a finding of fact or conclusion thereon is unsupported by the evidence or is contrary to the evidence, the Notice of Appeal shall request a Transcript of all the evidence. In Criminal Appeals, the Notice of Appeal must request the Transcript of the entire trial or evidentiary hearing, unless the party intends to limit the appeal to an issue requiring no Transcript.

(6) Public Access Information.

A statement whether Court Records were excluded from Public Access.

(7) Appellate Alternative Dispute Resolution Information.

In all civil cases, an indication whether Appellant is willing to participate in appellate alternative dispute resolution and, if so, provide a brief statement of the facts of the case.

(8) Attachments.

(a) A copy of the judgment or order being appealed (including findings and conclusions in civil cases and the sentencing order in criminal cases);

(b) A copy of the order denying the Motion to Correct Error or, if deemed denied, a copy of the Motion to Correct Error, if applicable;

(c) A copy of all orders and entries relating to the trial court or agency's decision to seal or exclude information from public access, if applicable;

(d) A copy of the order from the Court of Appeals accepting jurisdiction over the interlocutory appeal, if proceeding pursuant to Rule 14(B)(3) or 14(C)(5);

(e) The documents required by Rule 40(C), if proceeding in forma pauperis.

(9) Certification.

A certification, signed by the attorney or pro se party, certifying the following:

(a) That the case does or does not involve issues of child custody, support, visitation, adoption, paternity, determination that a child is in need of services, termination of parental rights, and all other appeals entitled to priority by rule or statute;

(b) That the attorney or pro se party has reviewed and complied, and will continue to comply, with the requirements of Rule 9(J) and the Rules on Access to Court Records, to the extent they apply to the appeal; and

(c) That the attorney or pro se party will make satisfactory payment arrangements for any transcripts ordered in the Notice of Appeal, as required by Rule 9(H).

(10) Certificate of Filing and Service.

The Certificate of Service required by Rule 24. This Certificate shall also certify the date on which the Notice of Appeal was filed with the Clerk. (See Form # App.R. 9-1)

G. Supplemental Request for Transcript.

Any party to the appeal may file with the trial court clerk or the Administrative Agency, without leave of court, a request with the court reporter or the Administrative Agency for additional portions of the Transcript.

H. Payment for Transcript.

The Court Reporter may require from the appellant a fifty percent (50%) deposit based on the estimated cost of the Transcript, except no deposit may be charged for state or county paid Transcript. Within 10 (10) days after the filing of a Notice of Appeal a party must enter into an agreement with the court reporter for payment of the balance of the cost of the Transcript. Unless a court order requires otherwise, each party shall be responsible to pay for all transcription costs associated with the Transcript that party requests.

I. Administrative Agency Appeals.

In Administrative Agency appeals, the Notice of Appeal shall include the same contents and be handled in the same manner as an appeal from a Final Judgment in a civil case, notwithstanding any statute to the contrary. Assignments of error are not required. See Rule 9(A)(3). (See Form #App.R. 9-1).

J. All Court Records Excluded from Public Access.

In cases where all Court Records are excluded from Public Access pursuant to Rule 5(A) of the Access to Court Records Rules, the Clerk shall make the appellate Chronological Case Summary for the case publicly accessible but shall identify the names of parties and affected persons in a manner reasonably calculated to provide anonymity and privacy.