Rule 65 - Opinions and Memorandum Decisions(A) Criteria for Publication. All Supreme Court opinions shall be published in the official reporter. A Court of Appeals opinion shall be published in the official reporter and be citable if the case: (1) establishes, modifies, or clarifies a rule of law; (2) criticizes existing law; or (3) involves a legal or factual issue of unique interest or substantial public importance. Other Court of Appeals cases shall be decided by memorandum decision that are not published in the official reporter and are not citable except as provided in (D). A judge who dissents from a memorandum decision may designate the dissent for publication in the official reporter if one (1) of the criteria above is met.
(B) Time to File Motion to Publish. Within fifteen (15) days of the entry of the decision, a party may move the Court to publish in the official reporter any memorandum decision which meets the criteria for in the official reporter. (C) Official Reporter. West's Northeastern Reporter shall be the official reporter of the Supreme Court and the Court of Appeals. (D) Precedential Value of Opinions and Memorandum Decision.(1) Published Opinions. A published opinion of the Supreme Court is binding precedent for all Indiana courts. A published opinion of the Court of Appeals is binding precedent for all Indiana trial courts.(2) Memorandum decisions. Unless later designated for publication in the official reporter, a memorandum decision is not binding precedent for any court and must not be cited to any court except to establish res judicata, collateral estoppel, or law of the case. However, a memorandum decision issued on or after January 1, 2023, may be cited for persuasive value to any court by any litigant. But there is no duty to cite a memorandum decision except to establish res judicata, collateral estoppel, or law of the case.
(E) Certification of Opinion or Memorandum Decision. The Clerk shall serve uncertified copies of any opinion or memorandum decision by a Court on Appeal to all counsel of record, unrepresented parties, and the trial court at the time the opinion or memorandum decision is handed down. The Clerk shall certify the opinion or memorandum decision to the trial court or Administrative Agency only after the time for all Petitions for Rehearing, Transfer, or Review has expired, unless all the parties request earlier certification. If the Supreme Court grants transfer or review, the Clerk shall not certify any opinion or memorandum decision until final disposition by the Supreme Court. The trial court, Administrative Agency, and parties shall not take any action in reliance upon the opinion or memorandum decision until the opinion or memorandum decision is certified.(F) Orders, Decisions, and Opinions. Orders, decisions, and opinions issued by the Court on Appeal shall be publicly accessible, but each Court on Appeal should endeavor to exclude the names of the parties and affected persons, and any other matters excluded from Public Access in accordance with the Rules on Access to Court Records, unless the Court on Appeal determines the conditions in Access to Court Record Rule 9 are satisfied, or upon further general order of the Court on Appeal.Amended November 15, 2019, effective 1/1/2020; amended December 19, 2019, effective 1/1/2020; amended December 19, 2022, effective 1/1/2023.