High court amends appellate rules, rescinds June order

The Indiana Supreme Court has amended several rules of appellate procedure.

Supreme Court justices in a July 10 order amended Indiana Rules of Appellate Procedure 11, 22, 26, 29, 49, Appendix A, and Appendix B. The order comes after the high court rescinded an order amending appellate rules issued June 26.

The high court’s order strikes certain language from Rule 11, which concerns a court reporter’s failure to complete a transcript. When an appellant files a motion to compel, the rule no longer requires a statement that “service as required under Rule 24(A)(1) was properly made.” In place of that language, the high court has inserted the following: “the motion was served on the Court Reporter.”

Additionally, deletions and replacements were made in Rule 22 to the citation format for initial references and subsequent references.

In Rule 29(A), justices deleted the requirement that documentary exhibits, including testimony in written form filed in administrative agency proceedings and photographs, be included in separate volumes that conform to the requirements of Appendix(A)(14). It also inserted the word “shall” when stating that documentary exhibit volumes shall be submitted in electronic format in accordance with Appellate Rule 28(c).

In Rule 29(B), the following was inserted: “Audio or video recordings submitted on physical media in criminal cases shall be returned to the trial court five (5) years after the appellate case is concluded. Audio or video recordings submitted on physical media in civil cases shall be returned to the trial court sixty (60) days after the appellate case is concluded.”

Likewise, the high court’s order includes new language in Rule 29(C): “Nondocumentary and oversized exhibits sent to the Court in criminal cases shall be returned to the trial court five (5) years after the appellate case is concluded. Nondocumentary and oversized exhibits sent to the Court in civil cases shall be returned to the trial court sixty (60) days after the appellate case is concluded.”

The order also inserts a new section to Rule 49, Section C, that says if an appendix is received but not filed in accordance with Appellate Rule 23(D), all volumes of the Appendix shall be retendered.

Justices additionally made changes to Appendix A and Appendix B, first striking and inserting language in Appendix A(11) concerning transcript volumes. It also included in Appendix B(1) new language regarding the issuance of a notice of defect. That language allows for such a notice when “a non-public access version of a document, a conspicuous designation of ‘Not for Public Access’ or ‘Confidential’ on the first page, see App. R. 23(F)” is missing, insufficient or incomplete.

Lastly, the high court included in Appendix B (3)(a) language holding that a notice of defect may be issued if the document is otherwise defective because document production issues exist, “except for hyperlinks, which may appear in a color other than black.”

The full order and amended rules can be read here.  The amendments will take effect Sept. 1, except for Appellate Rule 29(A), which goes into effect Jan. 1.