The Indiana Supreme Court recently changed the Rules of Appellate Procedure, specifically Appellate Rule 9 that addresses the content and filing of the Notice of Appeal.
A Notice of Appeal is now required to be filed with the Clerk of the Court of Appeals only. The Supreme Court had granted a “grace period” until Dec. 31, 2013, for notices inadvertently filed with the clerk of the trial court or with an administrative agency to be corrected so as to allow refiling with the Clerk of the Court of Appeal without loss of the right to appeal.
Beginning Jan. 1, 2014, Notices filed with the trial court or administrative agency and not with the Clerk of the Court of Appeals will not be considered timely filed.
Also beginning Jan. 1, 2014, the filing fee must also be filed with the Notice of Appeal. Failure to pay the filing fee at the time of filing the Notice may make your Notice of Appeal untimely and thereby forfeited.
A party may request to proceed in forma pauperis, which is a request to be relieved of the necessity of paying the filing fee and other costs on the basis of financial inability. Appellate Rule 40 sets forth the requirements for this.
If a party had been granted leave to proceed in forma pauperis in the trial court, no further petition is required. That party is required to supply with the Notice of Appeal an affidavit stating that the party was permitted to proceed in forma pauperis in the trial court and that the trial court has made no certification or finding under Rule 40(A)(3) (revocation of said finding).
In the alternative, the party must petition the trial court for leave to proceed on appeal in forma pauperis, and supply the Clerk of the Court of Appeals with the trial court’s authorization if issued.
The Notice of Appeal also eliminates the need for any separate requests to prepare the record or transcript, such requests now being in the Notice of Appeal itself. Also eliminated is any statement of the possible issues to be appealed.
Added to the Notice is a verification that the party and/or appellate attorney will make satisfactory payment arrangements for any transcripts ordered in the Notice of Appeal, as required by Appellate Rule 9(H).
The time limit to file a Notice of Appeal remains within thirty (30) days after the entry of a Final Judgment is noted in the Chronological Case Summary or within thirty (30) days after the date of an order, ruling, or decision of an Administrative Agency.
If a Motion To Correct Errors was filed, the time limit to file a Notice of Appeal is tolled until the earlier of within thirty (30) days after the court’s ruling on such motion is noted in the Chronological Case Summary or the motion is deemed denied under Trial Rule 53.3.
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