Friday, August 12, 2016
Ind. Courts - Report of problems arising because of trial transcripts in appeals that have not been e-filed
The ILB receieved this note yesterday:
So...the new Appellate Rules require the trial court clerk to immediately transmit the completed transcript to the Appellate Clerk. It used to be that the trial court clerk could hold onto it until requested, or could send it to the appellant.ILB: The ILB has learned that rule revisions are in process to address this issue.
But they aren't doing that anymore. So I figured we would just head downtown from now on to start picking them up. Right? Wrong.
Last Thursday, my colleague learned that the trial court clerk had filed her notice of completion of transcript (which triggered his 30-day deadline) and had transmitted the transcript to the Appellate Clerk for filing. On Tuesday, my colleague saw that the transcript had been noted on the docket as having been received. So he went to the Appellate Clerk's office to check it out. But he couldn't.
Because they had to send the transcript out for "scanning." Today my colleague called to check on the progress, and he learned that the Appellate Clerk's office did not have it back from the scanning vendor and did not know when it might be back, but the deputy believed it would be Monday or later.
Let's assume it is Monday the 14th. He will have lost 1/3 of his 30-day period to review a 3-4 volume transcript and write his initial brief.
I talked to a friend in the clerk's office about this. She said that when we switch to e-filing transcripts, this should clear up. Except the volume of exhibits. The new rules still allow for the court reporters to file their exhibits by paper. So those would still need to be sent out for scanning. Which could delay release of the transcript to the appellant.
Why are court reporters still not required to comply with the rules, like including an electronic copy?
Readers: Do you have additional e-filing issues that have popped up in your practice?