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The Indiana Supreme Court has amended Rule 22 of the Rules of Appellate Procedure, which in part details how memorandum decisions should be cited and broadens the scope of cases that need to be cited.
The amended Rule 22 says memorandum decisions issued after Jan. 1, 2023, must be cited by giving the title of the case, followed by the appellate case number, court of disposition, and the month, day and year of the opinion, followed by “(mem.).”
The example in the new rule is: Steele v. Taber, No. 22A-CT-925 (Ind. Ct. App. Jan. 17, 2023) (mem.).
The amended rule also says all “published opinions must” be cited. The rule previously said all “Indiana cases shall” be cited.
The citation format was tweaked slightly to include the addition of the volume and page of the official reporter if no regional reporter exists.
Parallel citations to two or more reporters are not required, the rule says.
Rule 22 now also says pinpoint citations “must be included to the specific page(s) on which information appears.”
It gives as an example: Livingston v. State, 113 N.E.3d 611, 614 (Ind. 2018) (per curiam); Martinez v. State, No. 22A-CR-1196, at *4 (Ind. Ct. App. Jan. 26, 2023) (mem.), trans. denied.
Finally, the amended rule says designation of disposition of petitions for transfer “must be included.” The rule previously said designations “shall” be included.
The amendment will be effective Jan. 1, 2024.
All justices concurred in the Wednesday order signed by Indiana Chief Justice Loretta Rush.
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