Ind. R. App. P. 57

As amended through February 15, 2024
Rule 57 - Petitions to Transfer and Briefs
(A) Applicability. This Rule applies to Petitions to Transfer an appeal from the Court of Appeals to Supreme Court after an adverse decision by the Court of Appeals.
(B) Decisions From Which Transfer May be Sought. Transfer may be sought from adverse decisions issued by the Court of Appeals in the following form:
(1) a published opinion;
(2) a not-for-publication memorandum decision;
(3) any amendment or modification of a published opinion or a not-for-publication memorandum decision; and
(4) an order dismissing an appeal.

Any other order by the Court of Appeals, including an order denying a motion for interlocutory appeal under Rule 14(B) or 14(C) and an order declining to authorize the filing of a successive petition for post conviction relief, shall not be considered an adverse decision for the purpose of petitioning to transfer, regardless of whether rehearing by the Court of Appeals was sought.

(C) Time for Filing Petition. A Petition to Transfer shall be filed:
(1) no later than forty-five (45) days after the adverse decision if rehearing was not sought; or
(2) if rehearing was sought, no later than thirty (30) days after the Court of Appeals' disposition of the Petition for Rehearing.

Rule 25(C), which provides a three day extension for service by mail or third-party commercial carrier, does not extend the due date, and no extension of time shall be granted.

(D) Brief in Response or Notice Regarding Transfer. A party may file a brief in response to the Petition no later than twenty (20) days after the Petition is served. Rule 25(C), which provides a three-day extension for service by mail or third-party commercial carrier, may extend the due date; however, no other extension of time shall be granted. If a party does not intend to respond to the Petition, the party may file a Notice that no response will be filed. The Notice may not include any argument or other commentary on the merits of the petition or case. The Notice will be treated as a brief in response if it includes anything other than a statement that no response will be filed.
(E) Reply Brief. If a brief in response is filed, the petitioning party may file a reply brief no later than ten (10) days after a brief in response is served. Rule 25(C), which provides a three-day extension for service by mail or third-party commercial carrier, may extend the due date; however, no other extension of time shall be granted.
(F) Form and Length Limits. A Petition to Transfer, brief in response, and any reply brief are governed by Rules 43 and 44. No separate brief in support of the Petition to Transfer shall be filed.
(G) Content and Arrangement of Petition to Transfer. The Petition to Transfer shall concisely set forth:
(1) Question Presented on Transfer. A brief statement identifying the issue, question, or precedent warranting Transfer. The statement must not be argumentative or repetitive. The statement shall be set out by itself on the first page after the cover.
(2) Table of Contents. A table of contents containing the items specified in Rule 46(A)(1).
(3) Background and Prior Treatment of Issues on Transfer. A brief statement of the procedural and substantive facts necessary for consideration of the Petition to Transfer, including a statement of how the issues relevant to transfer were raised and resolved by any Administrative Agency, the trial court, and the Court of Appeals. To the extent extensive procedural or factual background is necessary, reference may be made to the appellate briefs.
(4) Argument. An argument section explaining the reasons why transfer should be granted.
(5) Conclusion. A short and plain statement of the relief requested.
(6) Word Count Certificate, if necessary. See Rule 44(F).
(7) Certificate of Service. See Rule 24(D).
(H) Considerations Governing the Grant of Transfer. The grant of transfer is a matter of judicial discretion. The following provisions articulate the principal considerations governing the Supreme Court's decision whether to grant transfer.
(1) Conflict in Court of Appeals' Decisions. The Court of Appeals has entered a decision in conflict with another decision of the Court of Appeals on the same important issue.
(2) Conflict with Supreme Court Decision. The Court of Appeals has entered a decision in conflict with a decision of the Supreme Court on an important issue.
(3) Conflict with Federal Appellate Decision. The Court of Appeals has decided an important federal question in a way that conflicts with a decision of the Supreme Court of the United States or a United States Court of Appeals.
(4) Undecided Question of Law. The Court of Appeals has decided an important question of law or a case of great public importance that has not been, but should be, decided by the Supreme Court.
(5) Precedent in Need of Reconsideration. The Court of Appeals has correctly followed ruling precedent of the Supreme Court but such precedent is erroneous or in need of clarification or modification in some specific respect.
(6) Significant Departure From Law or Practice. The Court of Appeals has so significantly departed from accepted law or practice or has sanctioned such a departure by a trial court or Administrative Agency as to warrant the exercise of Supreme Court jurisdiction.

Ind. R. App. P. 57

Amended July 30, 2018, effective 1/1/2019; amended December 16, 2021, effective 1/1/2022.