Indiana Appellate Rules: Notice, Record, Briefs, and Deadlines

Under the Indiana Rules of Appellate Procedure, a party who loses at trial has 30 days from the date the final judgment is noted in the Chronological Case Summary to file a Notice of Appeal with the Clerk, along with a $250 filing fee.1Indiana Judicial Branch. Appellate Clerk’s Office – Filing Facts Every deadline that follows stacks on that one, and missing any of them can end the appeal before a judge reads the merits.

What You Can Appeal

Most appeals start from a final judgment, defined by Appellate Rule 2(H) as one that disposes of all claims as to all parties.2Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 2 – Definitions A ruling can also qualify as final if the trial court expressly determines there is no just reason for delay and directs entry of judgment on fewer than all claims or parties, or if it rules on a timely Motion to Correct Error. The 30-day clock starts when that judgment appears in the Chronological Case Summary.

Interlocutory Appeals of Right

Some mid-case orders can be appealed immediately without waiting for the case to end. Appellate Rule 14(A) lists them, including orders requiring the payment of money, orders directing the sale or delivery of real property, and orders granting or refusing a preliminary injunction.3Indiana Judicial Branch. Indiana Rules of Appellate Procedure Rule 14 – Interlocutory Appeals The 30-day Notice of Appeal deadline applies the same way.

Discretionary Interlocutory Appeals

For mid-case orders not on the automatic list, Rule 14(B) creates a two-step process. Within 30 days, the party asks the trial court to certify the order. The motion must show that waiting for final judgment would cause substantial expense or injury, or that the order involves a substantial legal question whose early resolution would move the case forward more efficiently.3Indiana Judicial Branch. Indiana Rules of Appellate Procedure Rule 14 – Interlocutory Appeals If the trial court does not act within 30 days, the request is automatically denied. If the court certifies, the party then has 30 days to ask the Court of Appeals to accept jurisdiction. Both courts can refuse.

Filing the Notice of Appeal

The Notice of Appeal starts the case in the appellate court. It must be filed within 30 days after the final judgment or appealable interlocutory order appears in the Chronological Case Summary.4Indiana Rules of Appellate Procedure. Indiana Rules of Appellate Procedure – Rule 9 – Initiation of the Appeal Along with the $250 fee, the notice must identify:

  • The trial court and its assigned case number.
  • The full names of all parties.
  • The date and title of the specific judgment or order being appealed.
  • The portions of the transcript needed. If you intend to argue that a factual finding is unsupported by the evidence, you must request the entire transcript of the evidence.

Be ready for a second cost. The court reporter can require a 50 percent deposit based on the estimated transcript cost before beginning work.5Indiana Judicial Branch. Appellate Clerk’s Office – Frequently Asked Questions

Assembling the Record

The record on appeal has two parts: the Clerk’s Record (the Chronological Case Summary plus all papers, pleadings, and orders filed below) and the Transcript (the word-for-word account of hearings or trial).6Indiana Judicial Branch. Indiana Rules of Appellate Procedure

The trial court clerk has 30 days from the filing of the Notice of Appeal to assemble the Clerk’s Record. The court reporter has 45 days to file the Transcript with the trial court clerk.7Indiana Judicial Branch. Indiana Rules of Appellate Procedures Extensions are available under Rule 35 but are disfavored in cases involving child custody, support, visitation, paternity, adoption, and children in need of services, and are prohibited outright in termination of parental rights cases.8Indiana Judicial Branch. Motions for Extension of Time in Appeals

If the Court Reporter Is Late

This is one of the more punishing traps in Indiana appellate practice. If the court reporter does not file the Transcript on time, the burden shifts to you. You must file a motion to compel the court reporter within seven days after the Transcript was due. The motion must confirm service on the court reporter and show that you have kept current on any payment agreement. Missing the seven-day window can result in dismissal of the appeal.7Indiana Judicial Branch. Indiana Rules of Appellate Procedures

The Appendix

Indiana requires each party to file an Appendix that pulls together only the documents the appellate court needs to decide the issues raised. It must include the appealed judgment or order (along with any written findings of fact) and the relevant pleadings and documents from the Clerk’s Record in chronological order.9Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 50 – Contents of Appendices

A party files its Appendix on or before the date its brief is due. Supplemental appendices can be filed without court permission up until the final reply brief is filed. After that, amending a filed appendix requires leave of court.10Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 49 – Filing of Appendices Leaving out something essential, such as the order you are appealing, is the kind of oversight that can derail the case.

What Goes in the Brief

Appellate Rule 46 sets the required sections for an appellant’s brief, and they must appear in order:

  • Table of Contents, listing every section and starting page.
  • Table of Authorities, with every case, statute, and rule cited and the pages where each appears.
  • Statement of Issues, a concise description of each legal question for the court.
  • Statement of the Case, a brief account of procedural history and the trial court’s rulings.
  • Statement of Facts, with citations to the record.
  • Summary of Argument.
  • Argument, the detailed legal analysis showing why the trial court committed reversible error.
  • Conclusion, stating the relief sought.
  • Word Count Certificate, if the brief exceeds the page limit.
  • Certificate of Service.

Length and Formatting

An appellant’s or appellee’s brief may not exceed 30 pages. Going longer is allowed if the brief stays within 14,000 words and includes a word count certificate. Reply briefs are capped at 15 pages or 7,000 words.11Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 44 – Brief and Petition Length Limitations

Rule 43 formatting is specific. Font must be 12-point or larger in an approved typeface such as Times New Roman, Garamond, or Century Schoolbook. Body text must be double-spaced, all four margins at least one inch, and pages standard 8½-by-11-inch.12Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 43 – Form of Briefs and Petitions

Briefing Deadlines

The appellant’s brief is due within 30 days after the Notice of Completion of Clerk’s Record is served, or 30 days after the Notice of Completion of Transcript if the transcript was not ready when the Clerk’s Record was completed. The appellee has 30 days after the appellant’s brief is served to respond. The appellant may file a reply brief within 15 days after the appellee’s brief is served.5Indiana Judicial Branch. Appellate Clerk’s Office – Frequently Asked Questions Full briefing typically runs three to four months.

Standards of Review

The appellate court’s level of deference depends on what kind of ruling you are challenging. Three standards cover most appeals:

  • De novo review gives the appellate court no deference obligation and lets it decide the legal question from scratch. Pure questions of law, such as how to interpret a statute or contract, receive this review.
  • Abuse of discretion lets the trial court’s decision stand unless it was “clearly against the logic and effect of the facts and circumstances” before it. Evidentiary rulings, discovery disputes, and similar judgment calls fall here.
  • Clearly erroneous applies to a trial judge’s factual findings; reversal requires the appellate court to review the entire record and be left with a “firm conviction that a mistake has been made.” Bench-trial findings and small claims judgments are reviewed this way.

Pick the wrong one in your brief and you signal a misunderstanding of the case. An abuse-of-discretion argument requires showing irrationality, not disagreement; de novo review gives you a fresh shot at the legal question.

Electronic Filing and Service

Attorneys must file every document in the Indiana Supreme Court and Court of Appeals through the Indiana E-Filing System (IEFS).13Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 68 – Electronic Filing and Electronic Service Exemptions require a motion showing good cause in each pending case and are granted rarely. Self-represented parties are generally held to the same procedural standards as attorneys,14Indiana Judicial Branch. Representing Yourself in an Appeal though the Rule 68 e-filing mandate is written to apply to documents filed “by an attorney.”

Service through IEFS is automatic, and e-filed documents are deemed served when electronically delivered. For documents exempt from electronic service, mail or commercial carrier satisfies the rule. In criminal appeals and appeals challenging the constitutionality of a state statute, the Notice of Appeal must also be served on the Attorney General.15Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 24 – Service of Documents

Oral Argument

Oral argument is not automatic. The court may set it on its own, or a party may ask for it by motion filed within seven days after the reply brief deadline.16Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 52 – Setting and Acknowledging Oral Argument Indiana appellate courts decide the large majority of cases on the briefs alone.

After the Decision

A loss at the Court of Appeals is not necessarily the end. Two post-decision paths exist, each with an inflexible deadline.

Petition for Rehearing

You may ask the Court of Appeals to reconsider by filing a Petition for Rehearing within 30 days after the decision. No extensions are allowed.17Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 54 – Rehearings The petition cannot exceed 10 pages (or 4,200 words with a word count certificate).11Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 44 – Brief and Petition Length Limitations These petitions succeed rarely and work best when the court overlooked a controlling fact or legal authority.

Petition to Transfer

To ask the Indiana Supreme Court to take the case, you file a Petition to Transfer. The deadline is 45 days after the Court of Appeals’ adverse decision if you did not seek rehearing, or 30 days after disposition of a rehearing petition if you did. No extensions. The petition is capped at 10 pages or 4,200 words and must identify the question warranting transfer, provide background on how the issue was raised and resolved below, and argue why the Supreme Court should step in.18Indiana Rules of Court. Indiana Rules of Appellate Procedure Rule 57 – Petitions to Transfer and Briefs

Transfer is discretionary. The Supreme Court generally takes cases involving significant legal questions, conflicts between Court of Appeals panels, or issues of broad public importance. Most petitions are denied.

Key Deadlines at a Glance

The court may permit deviations on its own motion or at a party’s request, but the safe approach is to treat every deadline as absolute and calendar each one the moment the triggering event occurs.