Rule 1.3. Appearance
Effective January 1, 2024
(A) State of Indiana
(1) In General.
At the time a criminal proceeding is commenced, the clerk enters the appearance of the elected prosecuting attorney for the jurisdiction where the action is pending. The prosecuting attorney is responsible for providing the following information to the clerk:
(a) the name, address, attorney number, telephone number, and electronic mail address of the prosecuting attorney;
(b) the case type of the proceeding [Administrative Rule 8(B)(3)];
(c) the number of any arrest report relating to the factual basis underlying the criminal proceeding; and
(d) the transaction control number associated with the fingerprints submitted by the arresting agency and the state identification number assigned to the defendant by the Indiana State Police Central Records Repository if the defendant has been arrested and processed at the jail.
(2) Special Prosecutor.
Any special or senior prosecuting attorney appointed to replace the elected prosecuting attorney must provide the information set out in section (A)(1) to the clerk.
(3) Deputy Prosecuting Attorneys.
Deputy prosecuting attorneys are not required to file a separate appearance or a temporary appearance in the criminal proceedings to which they are assigned; however, if an appearance is filed, to withdraw, the deputy prosecuting attorney must file a notice of withdrawal of appearance.
(4) Replacement Prosecutor.
Prosecuting attorneys, including special and senior prosecuting attorneys may substitute their names and attorney numbers in any open case with notice to the clerk. The clerk must update the information in any pending case for any elected prosecuting attorney.
(B) Defendant.
When an attorney for the defendant first appears in the criminal proceeding, the defense attorney must file an appearance form setting forth the following information:
(1) the name, address, attorney number, telephone number, and electronic mail address of the attorney representing the defendant; and
(2) the case number assigned to the criminal proceeding.
(C) Self-represented Defendant.
A self-represented defendant must file an appearance form that includes the defendant’s name, address, telephone number, and e-mail address on a form as provided in section (F).
(D) Completion and Correction of Information.
If information required by this rule is not yet available, the information must be submitted to the clerk and supplemented when the absent information is acquired. Attorneys must promptly advise the clerk of any change in the information previously supplied.
(E) Limited Appearance.
A defense attorney may appear for a limited purpose, such as a bail hearing as provided in Trial Rule 3.1.
(F) Forms.
The Indiana Office of Judicial Administration must prepare and publish a standard format for compliance with the provisions of this rule.