« Ind. Courts - Public defenders highlighted at Elkhart County funeral | Main | Ind. Decisions - Court of Appeals issues 0 today (and 1 NFP) »

Thursday, January 06, 2011

Ind. Courts - Important Notice re Indiana Appellate Rule 45

The ILB has just received this alert via the ISBA Appellate Section:

West Publishing inadvertently deleted Appellate Rule 45(B)(2), (B)(3), and (B)(4) from the 2011 Appellate Rule Books and from the version on Westlaw. (They govern the deadlines for Appellee, Reply and Cross Appeal Briefs . . . Rule 45(A) was amended effective 2011, so that might be where West’s problem originated).

The deadlines in the old books are still the deadlines that govern.

Here is Rule 45, as set out on the Indiana Court site, as amended through Jan. 1, 2011:
Rule 45. Time For Filing Briefs

A. Applicability. This Rule applies to appeals from Final Judgments and interlocutory orders. Filing deadlines relating to Petitions for Rehearing, to Transfer, and for Review are governed by Rules 54, 57 and 63 respectively.

B. Filing Deadlines.

(1) Appellant's Brief. The appellant's brief shall be filed no later than thirty (30) days after:
(a) the date the trial court clerk or Administrative Agency serves its notice of completion of Clerk's Record on the parties pursuant to Appellate Rule 10(C) if the notice reports that the Transcript is complete or that no Transcript has been requested; or

(b) in all other cases, the date the trial court clerk or Administrative Agency serves its notice of completion of the Transcript on the parties pursuant to Appellate Rule 10(D).

Rule 25(C), which grants a three-day extension of time for service by mail or third-party commercial carrier, does not extend the due date for filing the appellant’s brief.

(2) Appellee's Brief. The appellee's brief shall be filed no later than thirty (30) days after service of the appellant's brief.

(3) Appellant's Reply Brief; Cross-Appellee's Brief. Any appellant's reply brief shall be filed no later than fifteen (15) days after service of the appellee's brief. If the reply brief also serves as the cross-appellee's brief, it shall be filed no later than thirty (30) days after service of the appellee's brief.

(4) Cross-Appellant's Reply Brief. Any cross-appellant's reply brief shall be filed no later than fifteen (15) days after service of the appellant's reply brief.

C. Extensions of Time. Motions for extensions of time to file any briefs are governed by Rule 35.

D. Failure to File Timely. The appellant's failure to file timely the appellant's brief may subject the appeal to summary dismissal. The appellee's failure to file timely the appellee's brief may result in reversal of the trial court or Administrative Agency on the appellant's showing of prima facie error.
ILB observation: Of course, the Court's online rules are prefaced by this disclaimer:
These court rules are posted for informational purposes only. Official rules and citations are available from Thompson/West.
So where does that leave us?

Posted by Marcia Oddi on January 6, 2011 12:37 PM
Posted to Indiana Courts