Ind. R. App. P. 28

As amended through November 4, 2024
Rule 28 - Preparation of Transcript by Court Reporter
(A) Transcript. The Court Reporter shall prepare an electronic Transcript in accordance with Appendix A.
(B) Certification. The Court Reporter shall certify the Transcript is correct. The Court Reporter's certification shall be the last page of the last volume of the Transcript, signed by the Court Reporter in accordance with Appendix A.
(C) Submission of Electronic Transcript.
(1) Following certification of the Transcript, the Court Reporter shall submit the electronic Transcript using one of the following methods:
(a)Submission by E-Filing. If e-filing is required in the trial court by Trial Rule 87(B)(1), then the Court Reporter shall transmit the electronic Transcript to the trial court clerk through the IEFS.
(b)Submission on Physical Media. If the Transcript is not submitted by e-filing, then the Court Reporter shall seal two (2) copies of the Transcript in an envelope or package bearing the trial court case number and marked "Transcript." The envelope or package containing the electronic Transcript copies shall be filed with the trial court clerk in accordance with Rule 11. The Court Reporter shall also retain the a copy of the electronic Transcript.
(2) The separate Exhibit volume(s) and photographic reproductions of oversized exhibits (if included pursuant to Rule 29(C)) shall be filed with the trial court clerk in accordance with Rule 11.
(D) Technical Standards. The Court Reporter shall prepare the electronic Transcript pursuant to the technical standards set forth in Appendix A of these rules.
(E) Processing and Transmission of Electronic Transcript by Clerk.
(1) If the electronic Transcript is submitted by E-Filing, the trial court clerk shall enter the date of submission on the Chronological Case Summary and shall transmit the electronic Transcript to the Clerk through the IEFS.
(2) If the electronic Transcript is submitted on Physical Media, the trial court clerk shall file stamp the envelope that will be used to store the electronic data storage device; the original envelope submitted by the Court Reporter may be used for this purpose, if appropriate. The trial court clerk shall then transmit one (1) copy of the electronic Transcript to the Clerk either through the IEFS or by personal delivery, U.S. mail, or third-party commercial carrier.
(3) The trial court clerk shall retain the second copy of the electronic Transcript and store the electronic records in conformity with Administrative Rule6.
(F)Court Records Excluded by the Rules on Access to Court Records.
(1) In cases where all of the Court Records are excluded from Public Access pursuant to Access to Court Records Rule 5(A), the Transcript shall be excluded from Public Access.
(2) If, during the hearing or trial a party or person identified any exhibit or oral statement(s) to be excluded from Public Access, the Court Reporter must comply with the requirements of Appellate Rule 23(F) with regard to the exhibit or statement(s) and must note in the Transcript the specific Access to Court Records Rule 5(B), 5(C), or 5(D) ground(s) identified by the party or person.
(3) Additionally, until the time the Transcript is transmitted to the Court on Appeal, any party or person may file written notice with the Trial Court identifying:
(a) the exhibit or Transcript page and line number(s) containing any Court Record to be excluded from Public Access; and
(b) the specific Access to Court Records Rule 5(B), 5(C), or 5(D) grounds upon which that exclusion is based. (See Form #App.R. 11-3) .

This written notice must be served on the Court Reporter and, upon receipt of the written notice, the Court Reporter must refile the Transcript in compliance with the requirements of Appellate Rule 23(F) and must note in the Transcript the specific Access to Court Records Rule 5(B), 5(C), or 5(D) grounds(s) identified by a party or person.

(4) After the Transcript has been transmitted to the Court on Appeal, any request by a party or person to exclude a Court Record in the Transcript from Public Access must be made to the Court on Appeal and must contain the specific Access to Court Records Rule 5(B), 5(C), or 5(D) ground(s) upon which that exclusion is based. Upon receipt of an order from the Court on Appeal, the Court Reporter must re-file the Transcript in compliance with the requirements of Appellate Rule 23(F).

Ind. R. App. P. 28

Amended April 12, 2016 effective 7/1/2016; amended June 20, 2016, effective 7/1/2016; further amended effective 1/1/2017; amended November 15, 2019, effective 1/1/2020; amended December 19, 2019, effective 1/1/2020; amended July 15, 2021, effective 7/15/2021; amended December 16, 2021, effective 1/1/2022.

Order Clarifying Appellate Rule Amendments Effective July 1, 2016