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Wednesday, May 20, 2015

Ind. Decisions - "Neither party’s appendix is particularly helpful to this court"

A reader points to a footnote in a NFP decision today, In re: The Adoption of A.S.B., S.B. v. K.E. (mem. dec.) that includes useful information of broader interest that might otherwise be overlooked. Footnote 1 on p. 2 [which the ILB has paragraphed]:

Neither party’s appendix is particularly helpful to this court.

S.B.’s appendix consists of the Chronological Case Summary (“CCS”), the appealed order, and excerpts from the transcript and selected exhibits from the contested adoption hearing.

K.E.’s appendix consists of excerpts from the transcript and additional exhibits from the contested adoption hearing.

Indiana Appellate Rule 50(F) provides: “Because the Transcript is transmitted to the Court on Appeal pursuant to Rule 12(B), parties should not reproduce any portion of the Transcript in the Appendix.” The “Transcript” is defined to include any exhibits associated with the proceedings. Ind. Appellate Rule 2(K).

In essence, then, two appendices have provided only the CCS and the appealed order.

In addition, we may not have the entire CCS. S.B. notes that the Noble County Clerk provided a CCS with “a sideways orientation” and was unwilling to provide “a correctly oriented” copy. Appellant’s Appendix, Table of Contents n.1. However, it does not appear that the CCS was printed in landscape orientation but rather, the bottom of each page may be cut off. And if part of each page is not actually missing, it is certainly obscured by the binding.

Posted by Marcia Oddi on May 20, 2015 12:30 PM
Posted to Ind. App.Ct. Decisions