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Monday, July 09, 2012

Ind. Courts - Notice of appeal now to be filed with Clerk of Appellate Courts rather than with the trial court clerk

That is from an article by Judge Barbara Brugnaux* in the July issue of Indiana Court Times. A quote:

The amendments to Rule 9 were effective January 1, 2012. The most significant change to appellate practice is contained in Rule 9(A) that now requires the notice of appeal to be filed with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court instead of the trial court clerk. The 30-day deadline after entry of final judgment remains the same. The rule contains a two-year grace period to allow appellate attorneys to adjust to the rule. Until January 1, 2014, a notice of appeal filed with the trial court clerk will be deemed in compliance. After the grace period, a notice of appeal filed with the trial court clerk will forfeit any right of appeal.

Appellate Court Judge Terry Crone explained that the Court decided on the two-year period out of an abundance of caution to protect the rights of litigants, particularly criminal defendants, to file appeals. “We felt that two years was a reasonable amount of time for the knowledge of the new filing requirement to percolate to those attorneys who may not do much appellate work,” Judge Crone explained.

*Judge Barbara Brugnaux is now a senior judge. She is formerly judge of Vigo Superior Court. She sits on the board of law examiners.

Posted by Marcia Oddi on July 9, 2012 02:06 PM
Posted to Indiana Courts