IndyBar News

February 21, 2013

Indianapolis Bar Association Files Amicus Curiae Brief

The Amicus Committee of the Indianapolis Bar Association’s Appellate Practice Section filed an amicus curiae brief Monday, February 18, 2013, in the matter of In re: Indiana Newspapers, Inc. The amicus brief urges the Indiana Supreme Court to accept transfer and resolve an unsettled question of appellate procedure regarding whether a discovery order compelling a non-party to produce documents or information is appealable as a matter of right. To view the brief, click here.

The underlying case involves a plaintiff’s subpoena to a non-party, The Indianapolis Star, seeking the identity of a person who allegedly defamed the plaintiff in online comments to a news story. The Appellate Practice Section and the Indianapolis Bar Association explicitly declined taking a position on the answer to that unsettled question or the underlying merits of the discovery dispute.

The Amicus Committee obtained the approval of both the Indianapolis Bar Association’s Litigation Section Executive Committee and Board of Directors before filing the brief.