No. 94S00-0901-MS-4.
October 2, 2009.
ORDER AMENDING INDIANA RULES OF APPELLATE PROCEDURE
RANDALL T. SHEPARD, Chief Justice.
Under the authority vested in this Court to provide by rule for the procedure employed in all courts of this state and this Court's inherent authority to supervise the administration of all courts of this state, Indiana Appellate Rules 15, 26, and Form App. R. 15-1 are amended to read as follows (deletions shown by striking and new text shown byunderlining):
. . .
Rule 15. Appellant's Case Summary
. . .
C. Content. The Appellant's Case Summary shall set forth the following information, as applicable:
(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; and
(b) Name, address, attorney number, FAX number (if any), telephone number, and electronic mail address, if any, of the attorneys representing the parties initiating the appeal.
;and
(c) Whether the attorney requests transmittal of orders and opinions by FAX pursuant to Rule 26.
Rule 26. FAX Electronic Transmission by Clerk A. Optional FAX Transmission Available. Any party during the pendency of an appeal may request that the Clerk transmit orders and opinions to the party by FAX. When transmittal is made by FAX, no other transmission will be made. Transmission of Orders, Opinions, and Notices to Parties Represented by Attorneys. The Clerk shall transmit orders, opinions, and notices by electronic mail to all parties represented by attorneys. B. Request for FAX Transmittal. Transmission of Orders, Opinions, and Notices to Unrepresented Parties. The Clerk shall transmit orders, opinions, and notices by regular U.S. mail or personal delivery to all unrepresented parties unless the party requests electronic mail transmission or FAX transmission. Unless already specified in the Appellant's Case Summary, a A request to receiveelectronic mail or FAX transmission must be in writing, provide theelectronic mail address or FAX number at which transmission is to be made, and be signed by the attorney or unrepresented party making the request. A party requesting electronic mail or FAX transmission may request either, but not both. C. Clerk's Functions. When transmission is made by electronic mail, the Clerk shall retain a copy of the sent electronic mail as a record of transmission. When transmission is made by FAX, the Clerk shall retain the machine — generated transmission log as a record of transmission. The Clerk may, without notice, discontinue FAX transmission if the Clerk determines FAX electronic transmission is not practicable. When transmittal is made by electronic mail or FAX, no other transmission will be made. Form App. R. 15-1. Appellant's Case Summary (Appearance)
IN THE INDIANA [SUPREME COURT/COURT OF APPEALS/TAX COURT] CAUSE NO.____________________
Trial Information 3 4 5 6 7 8 9 10 11 12 13 Judgment Judgment 14 15 16 17 18 19 Date case commenced:_____________________ Date of Judgment/order:______________________(Attach copy of judgment or order appealed from including findings and conclusions (civil) and sentencing order (criminal)) Check the appropriate line(s) to show the ruling being appealed: [] Administrative ruling [] Injunction [] (Judgment notwithstanding the verdict) [] Declaratory judgment [] Judgment (bench trial) [] Judgment (probation revocation) [] Directed verdict [] Judgment (guilty plea) [] Summary judgment [] Dismissed [] (jury verdict) [] Other (specify)___________________________________________________________ Is this a final judgment as to all claims and all parties? [] Yes [] No If no, state the basis on which the judgment/order is immediately appealable. T.R. 54(B) [] App.R. 14(A)(1-9) [] App.R. 14(B) [] PGPage 4 Did the trial court issue an order sealing or excluding from public access all or any portion of the trial court records? [ ]20 Yes [ ]21 No If yes, attach copies of all orders and entries relating to the trial court's decision to seal or exclude information from public access.
Check the appropriate line(s) best describing the nature of the case:22 36 51 23 37 52 24 38 53 25 39 54 26 40 55 27 41 56 28 42 57 29 43 58 30 44 59 31 45 60 32 61 47 62 33 48 63 34 49 64 35 50 65 Record Information 66 67 68 69 Appeal Information 70 71 72 75 76 77 78 79 80 81 82 83 84
[] Attorney's fees [] Education law [] Professional malpractice [] Child custody/support [] Employment and labor [] Real property rights [] Civil rights [] Environmental law [] Sanctions [] Construction law [] Equitable distribution [] Taxation [] Contempt [] Guardianship [] Termination of parental rights [] Contract law [] Health care [] Tort claims act [] Corporate law [] Insurance, auto [] Unemployment compensation [] Criminal law, Misdemeanor [] Insurance, other [] Unfair and deceptive practices [] Criminal law, habitual felon [] Intentional torts [] Utilities [] Criminal law, probation revocation [] Juvenile [] Wills, trusts, estates [] Criminal law, post conviction relief []46 Landlord/tenant [] Workers' compensation Specify______________________ [] Municipal law [] Wrongful death [] Debtor/creditor rights [] Negligence [] Wrongful discharge [] Dissolution of marriage [] Paternity [] Zoning/annexation [] Driver's license revocation [] Products liability [] Other______________________________________________________________________________________ Synopsis of judgment and sentence, if applicable:________________________________________________ Date notice of appeal filed__________________(Attach copy of Notice of Appeal) Date clerk's record due to be assembled:_________________________________ Transcript information: Court reporter responsible for preparing transcript (Name, address, telephone number): ________________________________________________________________________________________ Transcript ordered: Yes-[] — No[]- Payment arrangements made: Yes[] No[] If no, reason not ordered or made:_____________________________________ Est. Transcript length____pp. Transcript due date: _____________________________________ A short and plain statement of the anticipated issues on appeal:__________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ _________________________________(Attach copy of motion to correct errors) Prior appeals in this case with cause number:_____________________________ __________________________________________________________________________ __________________________________________________________________________ Related appeals with cause number (prior, pending, or potential):_________ __________________________________________________________________________ __________________________________________________________________________ Motion for oral argument will be filed: Yes [] No [] Undecided [] Motion for pre-appeal conference will be filed: No []73 Yes []74 Purpose: Shorten record [] Appellate ADR [] Refine issues [] Other [] If civil case, was ADR used in the trial court? Yes [] No [] If civil case, is Appellant willing to participate in Appellate ADR? Yes [] No [] If yes, provide a brief statement of the facts of the case. Attach additional pages as needed._______________________________________________________________ _______________________________________________________________ _______________________________________________________________ If criminal case, status of defendant: On bond [] Incarcerated [] Location:_________________________________________ If criminal case, status of defendant: On bond [ ]83 Incarcerated [ ]84 Location:_________________________________________
I certify that this case [ ]does [ ]does not involve issues relating to child custody, child support, child visitation, paternity, termination of parental rights, CHINS, adoption, or any other issue entitled to priority by statute.
I also certify that I have reviewed and complied, and will continue to comply, with the requirements of Indiana Administrative Rule 9(G)(4) to the extent it applies to this appeal.
_____________________________ /s/ Attorney/or pro se litigant's signature CERTIFICATE OF SERVICE
I hereby certify that on this_______day of_______________, 20_____, the forgoing was served upon the following counsel of record by [state method of service]:
_________________________________________________________
_________________________________________________________
[List Counsel served (including name and address where served)]:
_________________________________________________________
_________________________________________________________
_________________________________________________________
____________________________ [Signature]
These amendments shall take effect January 1, 2010.
The Clerk of this Court is directed to forward a copy of this Order to the clerk of each circuit court in the state of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Indiana Supreme Court; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Prosecuting Attorney's Council; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; Indiana Judges and Lawyers Assistance Program; Lindsey Borschel, Web Coordinator for the Division of Supreme Court Administration; the libraries of all law schools in this state; the Michie Company; and Thomson Reuters.
The Clerk is also directed to post this order to the Court's website, and Thomson Reuters is directed to publish this order in the advance sheets and bound volumes this Court's decisions.
The Clerks of the Circuit Courts are directed to bring this Order to the attention of all judges within their respective counties and to post this Order for examination by the Bar and general public.
DONE at Indianapolis, Indiana, this 2 nd day of October, 2009.