Rule 14 - Interlocutory Appeals(A) Interlocutory Appeals of Right. Appeals from the following interlocutory orders are taken as a matter of right by filing a Notice of Appeal with the Clerk within thirty (30) days after the notation of the interlocutory order in the Chronological Case Summary: (1) For the payment of money;(2) To compel the execution of any document;(3) To compel the delivery or assignment of any securities, evidence of debt, documents, or things in action;(4) For the sale or delivery of the possession of real property;(5) Granting or refusing to grant, dissolving, or refusing to dissolve a preliminary injunction;(6) Appointing or refusing to appoint a receiver, or revoking or refusing to revoke the appointment of a receiver;(7) For a writ of habeas corpus not otherwise authorized to be taken directly to the Supreme Court;(8) Transferring or refusing to transfer a case under Trial Rule 75; and(9) Issued by an Administrative Agency that by statute is expressly required to be appealed as a mandatory interlocutory appeal. The Notice of Appeal shall be in the form prescribed by Rule 9, and served in accordance with Rule 9(F)(10).
(B) Discretionary Interlocutory Appeals. An appeal may be taken from other interlocutory orders if the trial court certifies its order and the Court of Appeals accepts jurisdiction over the appeal. (1)Certification by the Trial Court. The trial court, in its discretion, upon motion by a party, may certify an interlocutory order to allow an immediate appeal. (a) Time for Filing Motion. A motion requesting certification of an interlocutory order must be filed in the trial court within thirty (30) days after the date the interlocutory order is noted in the Chronological Case Summary unless the trial court, for good cause, permits a belated motion. If the trial court grants a belated motion and certifies the appeal, the court shall make a finding that the certification is based on a showing of good cause, and shall set forth the basis for that finding.(b) Content of the Motion in the Trial Court. A motion to the trial court shall contain the following: (i) An identification of the interlocutory order sought to be certified;(ii) A concise statement of the issues to be addressed in the interlocutory appeal; and(iii) The reasons why an interlocutory appeal should be permitted.(c)Grounds for Granting Interlocutory Appeal. Grounds for granting an interlocutory appeal include:(i) The appellant will suffer substantial expense, damage, or injury if the order is erroneous and the determination of the error is withheld until after judgment.(ii) The order involves a substantial question of law, the early determination of which will promote a more orderly disposition of the case.(iii) The remedy by appeal is otherwise inadequate.(d) Response to Motion. Any response to a motion for the trial court to certify an interlocutory order shall be filed within fifteen (15) days after service of the motion, and computing time in accordance with Trial Rule 6.(e) Ruling on Motion by the Trial Court. In the event the trial court fails for thirty (30) days to set the motion for hearing or fails to rule on the motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is set, the motion requesting certification of an interlocutory order shall be deemed denied.(2)Acceptance of the Interlocutory Appeal by the Court of Appeals. If the trial court certifies an order for interlocutory appeal, the Court of Appeals, in its discretion, upon motion by a party, may accept jurisdiction of the appeal. The motion shall be accompanied by an appearance as required by Rule 16(H). (a) Time for Filing Motion in the Court of Appeals. The motion requesting that the Court of Appeals accept jurisdiction over an interlocutory appeal shall be filed within thirty (30) days after the date the trial court's certification is noted in the Chronological Case Summary.(b) Content of the Motion in the Court of Appeals. The motion requesting that the Court of Appeals accept jurisdiction shall state: (i) The date of the interlocutory order.(ii) The date the motion for certification was filed in the trial court.(iii) The date the trial court's certification of its interlocutory order was noted in the Chronological Case Summary.(iv) The reasons the Court of Appeals should accept this interlocutory appeal.(c) Submissions with Motion. The party seeking an interlocutory appeal shall submit with its motion a copy of the trial court's certification of the interlocutory order and a copy of the interlocutory order.(d) Response to Motion. Any response to a motion requesting the Court of Appeals to accept jurisdiction shall be filed within fifteen (15) days after service of the motion.(3)Filing of Notice of Appeal. The appellant shall file a Notice of Appeal with the Clerk within fifteen (15) days of the Court of Appeals' order accepting jurisdiction over the interlocutory appeal. The Notice of Appeal shall be in the form prescribed by Rule 9, and served in accordance with Rule 9(F)(10). The appellant shall also comply with Rule 9(E).(C) Interlocutory Appeals From Orders Granting Or Denying Class Action Certification. The Court of Appeals, in its discretion, may accept jurisdiction over an appeal from an interlocutory order granting or denying class action certification under Ind. Trial Rule 23. (1)Time for Filing Motion. A motion requesting that the Court of Appeals accept jurisdiction over an interlocutory appeal from an order granting or denying class action certification shall be filed within thirty (30) days after the notation of the order in the Chronological Case Summary. The Motion shall be accompanied by an appearance as required by Rule 16(H).(2)Content of Motion. The motion requesting that the Court of Appeals accept jurisdiction shall state: (a) The date the order granting or denying class action certification was noted in the Chronological Case Summary.(b) The facts necessary for consideration of the motion.(c) The reasons the Court of Appeals should accept the interlocutory appeal.(3)Submissions with Motion. The trial court's order granting or denying class action certification shall be submitted with the motion requesting that the Court of Appeals accept jurisdiction over the interlocutory appeal.(4)Response to Motion. Any response to the motion requesting the Court of Appeals to accept jurisdiction shall be filed within fifteen (15) days after service of the motion.(5)Filing of Notice of Appeal. The appellant shall file a Notice of Appeal with the Clerk within fifteen (15) days of the Court of Appeals' order accepting jurisdiction over the interlocutory appeal. The Notice of Appeal shall be in the form prescribed by Rule 9, and served in accordance with Rule 9(F)(10). The appellant shall also comply with Rule 9(E).(D) Statutory Interlocutory Appeals. Other interlocutory appeals may be taken only as provided by statute.(E) Clerk's Record and Transcript. The Clerk's Record shall be assembled in accordance with Rule 10. The Court Reporter shall file the Transcript in accordance with Rule 11.(F) Briefing. Briefing in interlocutory appeals shall be governed by Rules 43 and 44.(G) Shortening or Extending Time.(1)Extensions. Extensions of time to file any brief in an interlocutory appeal are disfavored and will be granted only upon a showing of good cause. Any motion for extension must comply with Rule 35.(2)Shortening Deadlines. The Court of Appeals, upon motion by a party and for good cause, may shorten any time period. A motion to shorten time shall be filed within ten (10) days of the filing of either the Notice of Appeal with the Clerk or the motion to the Court of Appeals requesting permission to file an interlocutory appeal.(H) Stay of Trial Court Proceedings. An interlocutory appeal shall not stay proceedings in the trial court unless the trial court or a judge of the Court of Appeals so orders. The order staying proceedings may be conditioned upon the furnishing of a bond or security protecting the appellee against loss incurred by the interlocutory appeal.(I) Death Penalty Cases. In any case in which the State seeks the death penalty or in which the interlocutory order raises a question of interpretation of IC 35-50-2-9, references in this Rule to the Court of Appeals shall refer to the Supreme Court.Amended April 12, 2016 effective 7/1/2016; last amended August 3, 2017, effective 1/1/2018; amended July 26, 2018, effective 9/1/2018.