Doxpop - Tools for Attorneys and Public Information Researchers: notice of appeal
Showing posts with label notice of appeal. Show all posts
Showing posts with label notice of appeal. Show all posts

Monday, August 6, 2018

Guidance for Assembling the Documents Used to Initiate an Appeal via E-Filing.


Beginning September 1, 2018 all appellate cases in Indiana must be initiated via e-filing. Here's part of the information you need to prepare for that:

When you are assembling a Notice of Appeal or Motion for Interlocutory Appeal, there are several documents that should be combined into a single PDF file to initiate the appeal. They are:
  1. The Notice of Appeal or Motion for Interlocutory Appeal.
  2. A copy of the judgment or order being appealed.
  3. If you are a public defender, your proof of appointment.
  4. If this is an interlocutory appeal, a copy of the order accepting jurisdiction.
  5. Any other required documents.
Number 5 sounds a bit open-ended, but the underlying concept here is simply that every document that you would be required to file when initiating the appeal conventionally should be combined into a single PDF file when e-filing. This will then be filed as a single lead document. This differs significantly from the process for trial courts, where each document must be a separate PDF file.

From a practical standpoint, this means that if you don't already have software for editing PDF files, it's time to purchase something so you can assemble documents from multiple sources into a single PDF file. We've been working with attorneys who are assembling PDF files for a couple of years now, and here are the PDF editors we've heard good things about:

Keep an eye out for an upcoming post regarding how to handle electronic service for your notice of appeal.










Wednesday, August 1, 2018

Appeals must be initiated via e-filing beginning September 1st


On July 26, an order amending the rules for appellate procedure effective September 1, 2018 was filed.

You can view the order here: https://www.in.gov/judiciary/files/order-rules-2018-0726-appellate.pdf.

The quick summary is that previously, the words "conventionally", and in two places "electronically" were used to specify the method of filing the documents initiating an appeal. Those modifiers have now been removed so this section no longer specifies any exception from the general rules for filing.

Rule 68(C)(1) says "Unless otherwise permitted by these rules, all documents submitted for filing in the Indiana Supreme Court or Court of Appeals by an attorney must be filed electronically using the IEFS." (Bolding added by this blogger.)

Doxpop is prepared for this, and you will find the details of how to initiate an appeal via e-filing in a previous post found here: