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In re Documents Tendered

Supreme Court of Indiana

May 10, 2017

In re Matter of Documents Tendered for Filing that Fail to Comply with Certain Rules of Appellate Procedure

          STANDING ORDER REGARDING "NOTICE OF DEFECT" FOR CERTAIN DEFECTIVE DOCUMENTS

          Loretta H. Rush Chief Justice.

         Since November 2, 2006 and as periodically revised, [1] this Court, in collaboration with the Court of Appeals and Tax Court, has issued standing orders authorizing the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court ("Clerk") to issue a "Notice of Defect" instead of immediately rejecting documents that are timely tendered for filing but do not comply with certain requirements of the Indiana Rules of Appellate Procedure. Today we revise the standing order to reflect subsequent amendments made to the Indiana Rules of Appellate Procedure. Our February 22, 2012 order is now superseded and is no longer in effect.

         This order applies to a document that is timely tendered for filing but does not comply with the Indiana Rules of Appellate Procedure because:

• One or more of the following items is missing, insufficient, or incomplete:
(1) A certificate of service, see Ind. Appellate Rules 24, 57(G)(7), 68(F);
(2) A necessary word count certificate, see App. Rs. 34(G)(2), 44(E) & (F), 54(E), 57(G)(6);
(3) A required signature and/or identifying information, see App. Rs. 23(E) 46(A)(9), 46(B), 68(H);
(4) A required Table of Contents or Table of Authorities, see App. Rs. 46(A)(1) & (2), 46(B), 46(E)(1), 50(A)(2), 50(B)(1), 50(C), 57(G)(2);
(5) For the first document filed after the Notice of Appeal by a party proceeding in forma pauperis, the material required by Appellate Rule 40(C);
(6) For a motion to proceed in forma pauperis, a copy of any affidavit supporting the request to proceed in forma pauperis that was filed with the trial court or an affidavit conforming to Form #App. R. 40-2; or a copy of the order setting forth the trial court's reasons for denying the in forma pauperis status on appeal;
(7) For an Appearance, information required by Appellate Rule 16(B);
(8) For an Appendix, a verification of accuracy, see App. Rs. 50(A)(2)(i), 50(B)(1)(f);
(9) For an Appellant's Brief, an accompanying copy of the trial court's written opinion, memorandum of decision, or findings of fact and conclusions relating to the issue(s) raised on appeal, see App. R. 46(A)(12);
(10)For an Appellant's Brief in a criminal appeal where the sentence is at issue, an accompanying copy of the sentencing order, see App. R. 46(A)(12);
(11)For a Petition to Transfer, a brief statement, set out by itself on the page immediately following the front page, identifying the issue, question presented, or precedent warranting transfer, see App. R. 57(G)(1);
(12)For a Petition for Review or brief in response, a brief section entitled Reasons for Granting or Denying Review, set out by itself immediately before the Argument section, explaining why review should or should not be granted, see App. R. 63(I).

         • One or more of the following prohibited items is included:

(13)Argument or other material inappropriate for an Appendix, see App. Rs. 50(A), 50(B);
(14)For any Brief, any additional documents, other than the appealed judgment or order, see App. Rs. 46(F), 46(H);
(15)For any document, information excluded from public access when the document is not accompanied by a Notice to Maintain Exclusion from Public ...

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