Rules for the Timing of Appeals

Rules for the Timing of Appeals in the Indiana Court System

This summary is in response to questions concerning the timing of events during an appeal to the Court of Appeals of Indiana, and in turn on transfer to the Supreme Court of Indiana. This information comes from the Indiana Rules of Appellate Procedure.

Rule 9. A party initiates an appeal by filing a Notice of Appeal with the Trial Court Clerk within thirty (30) days after the entry of a final judgment. The Notice of Appeal includes a request that the Clerk prepare a transcript and designates the portions of the transcript necessary to present fairly and decide the issues on appeal.

Rule 10. The Trial Court Clerk is then required to assemble the transcript and file a Notice of Completion of Clerk’s Record within thirty (30) days. An extension of time may be granted upon a showing of factual basis for the clerk’s inability to comply with the prescribed deadline.

Rule 45. An Appellant’s Brief is required to be filed no later than thirty (30) days after the Trial Court Clerk issues its Notice of Completion of the Clerk’s Record.

Rule 45. Provides for the Appellee’s Brief to be filed within thirty (30) days after the Appellant serves a copy of Appellant’s Brief on the Appellee.

Rule 45. Then gives the Appellant fifteen(15) days after the service of Appellee’s Brief to file Appellant’s Reply Brief.

Rule 35. Allows the parties to obtain extensions of time to file their briefs. Extensions of time may be granted if the request is made more than seven (7) days before the brief is due, and upon the attorney’s representation that in spite of the exercise of do diligence the filing date can not be met because,

(a) the attorney is engaged in other litigation.

(b) the matter under appeal is so complex than an adequate brief cannot reasonably be prepared by the date the brief is due.

(c) hardship to counsel will result unless the extension is granted.

Rule 44. Limits the lengths of Appellant’s Brief and Appellee’s Brief to 30 pages or 14,000 words and the length of Appellant’s Reply Brief to Fifteen Pages 15 or 7,000 words.

Rule 52. The Court of Appeals may or may not hear oral argument.

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