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Friday, May 23, 2014

Ind. Courts - Proposed rule change would shorten time for transcript prep for appeal from 90 days to 30 days

The ILB has posted in the past (see this Aug. 19, 2013 post by Prof. Schumm) that one of the biggest factors in length of time an appeal takes is the time it takes for transcript preparation. The video transcript pilot project begun in 2012 was aimed at addressing this problem. (The ILB has heard that this pilot project has not met with success.)

Today the Supreme Court Committee on Rules of Practice and Procedure has asked for comments on a proposed rule change:

The goal of the proposed changes is to reduce the time from the conclusion of a case in the trial court to the issuance of an appellate decision. The standard for completion of a transcript established by the American Bar Association is thirty days. The federal courts also abide by a 30 day time limit. Only three states other than Indiana have a time limit as long as ninety (90) days.

The primary proposed change is found in Appellate Rule 11(B). After the appellant files the Notice of Appeal the time for a Court Reporter to file the transcript with the trial court clerk or Administrative Agency would be reduced from ninety days to thirty days. Under Rule 11(C), motions for extensions of time will be disfavored and only granted in extraordinary circumstances. The changes to Rule 11 necessitated other changes to the Appellate Rules.

The goal of the proposed changes is to reduce the time from the conclusion of a case in the trial court to the issuance of an appellate decision. The standard for completion of a transcript established by the American Bar Association is thirty days. The federal courts also abide by a 30 day time limit. Only three states other than Indiana have a time limit as long as ninety (90) days.

The primary proposed change is found in Appellate Rule 11(B). After the appellant files the Notice of Appeal the time for a Court Reporter to file the transcript with the trial court clerk or Administrative Agency would be reduced from ninety days to thirty days. Under Rule 11(C), motions for extensions of time will be disfavored and only granted in extraordinary circumstances. The changes to Rule 11 necessitated other changes to the Appellate Rules.

The goal of the proposed changes is to reduce the time from the conclusion of a case in the trial court to the issuance of an appellate decision. The standard for completion of a transcript established by the American Bar Association is thirty days. The federal courts also abide by a 30 day time limit. Only three states other than Indiana have a time limit as long as ninety (90) days.

The primary proposed change is found in Appellate Rule 11(B). After the appellant files the Notice of Appeal the time for a Court Reporter to file the transcript with the trial court clerk or Administrative Agency would be reduced from ninety days to thirty days. Under Rule 11(C), motions for extensions of time will be disfavored and only granted in extraordinary circumstances. The changes to Rule 11 necessitated other changes to the Appellate Rules.

The deadline for submitting comments is June 23, 2014. Comments can be sent via email or in writing to RulesComments@courts.in.gov.

Details about the proposed rule changes can be found at http://courts.in.gov/4211.htm.

The proposal includes quite a number of other changes, including: Appellate Rule 9 would be changed to reduce from thirty (30) days to seven (7) days the time a party has to make payment arrangements with the Court Reporter for preparation of the appellate transcript.

Posted by Marcia Oddi on May 23, 2014 09:15 AM
Posted to Indiana Courts