December 16, 2013
Grace Period for Indiana Appellate Rule 9(A) Ending Soon
Starting January 1, 2014, Notices of Appeal may only be filed with the Clerk of the Supreme Court, Court of Appeals, and Tax Court.
Indiana Appellate Rule 9(A) was amended effective January 1, 2012. The amendment provided that Notices of Appeal may no longer be filed with the clerk of the trial court or administrative agency from which the appeal is taken. A two-year grace period has been in effect for attorneys to have time to get adjusted to this important procedural change. The grace period ends at midnight on December 31, 2013.
The failure to file a Notice of Appeal with the Clerk of the Supreme Court, Court of Appeals, and Tax Court by the applicable deadline forfeits the right to appeal. Given what is at stake if Appellants attempt to file Notices of Appeal in the wrong place, attorneys are encouraged to read the following rule: http://www.in.gov/judiciary/rules/appellate/index.html#_Toc344995669