Ind. R. Post-Convic. Rlf. 2

As amended through November 4, 2024
Section 2 - Belated Motion to Correct Error
(a)Required Showings. An eligible defendant convicted after a trial or plea of guilty may petition the court of conviction for permission to file a belated motion to correct error addressing the conviction or sentence, if:
(1) no timely and adequate motion to correct error was filed for the defendant;
(2) the failure to file a timely motion to correct error was not due to the fault of the defendant; and
(3) the defendant has been diligent in requesting permission to file a belated motion to correct error under this rule.
(b)Merits of motion. The trial court shall not consider the merits of the motion until it has determined whether the requirements of Section 2(a) are met.
(c)Hearing. Any hearing on whether the petition should be granted shall be conducted according to P-C. R. 1(5).
(d)Factors in granting or denying permission. If the trial court finds that the requirements of section 2(a) are met, it shall permit the defendant to file the motion, and the motion shall then be treated for all purposes as a motion to correct error filed within the prescribed period.
(e)Appealability of Denial of Permission. If the trial court finds that the requirements of Section 2(a) are not met, it shall deny defendant permission to file the motion. Denial of permission shall be a Final Judgment for purposes of App. R. 5. (f) Time for initiating appeal. The time for filing a notice of appeal from denial of permission is governed by App. R. 9(A).
(f) Time for initiating appeal. The time for filing a notice of appeal from denial of permission is governed by App. R. 9(A).

Ind. R. Post-Convic. Rlf. 2