Ind. Appellate Rule 10

Agency

Effective July 1, 2016

A. Notice to Court Reporter of Transcript Request.

If a Transcript is requested, the trial court clerk or the Administrative Agency shall give immediate notice of the filing of the Notice of Appeal and the requested Transcript to the Court

Reporter.

B. Assembly of Clerk's Record.

Within thirty (30) days of the filing of the Notice of Appeal, the trial court clerk or Administrative Agency shall assemble the Clerk's Record. The trial court clerk or Administrative

Agency is not obligated to index or marginally annotate the Clerk's Record.

C. Notice of Completion of Clerk's Record.

On or before the deadline for assembly of the Clerk's Record, the trial court clerk or Administrative Agency shall issue and file a Notice of Completion of Clerk's Record with the Clerk

and shall serve a copy on the parties to the appeal in accordance with Rule 24 to advise them

that the Clerk's Record has been assembled and is complete. The Notice of Completion of

Clerk's Record shall include a certified copy of the Chronological Case Summary and shall

state whether the Transcript is (a) completed, (b) not completed, or (c) not requested. (See

Form # App.R. 10-1). Copies of the Notice of Completion of Clerk's Record served on the

parties shall include a copy of the Chronological Case Summary included with the original,

but the copies served on the parties need not be individually certified.

D. Notice of Completion of Transcript.

If the Transcript has been requested but has not been filed when the trial court clerk or

Administrative Agency issues its Notice of Completion of the Clerk's Record, the trial court

clerk or Administrative Agency shall issue and file a Notice of Completion of Transcript with

the Clerk and shall serve a copy on the parties to the appeal in accordance with Rule 24

within five (5) days after the Court Reporter files the Transcript. (See Form #App.R. 10-2)

E. Extension of Time to Complete Clerk's Record.

The trial court clerk or Administrative Agency may move the Court on Appeal designated in

the Notice of Appeal for an extension of time to assemble the Clerk's Record pursuant to Rule

35 (A) and shall state in such motion the factual basis for inability to comply with the prescribed deadline despite exercise of due diligence. (See Form # App.R. 10-3). The trial court

clerk shall file an original and one copy of the motion with the Clerk and shall serve a copy of

the motion on the parties to the appeal in accordance with Rule 24. Motions for extension of

time in interlocutory appeals, appeals involving worker's compensation, issues of child custody, support, visitation, paternity, adoption, determination that a child is in need of services,

and termination of parental rights are disfavored and shall be granted only in extraordinary

circumstances.

F. Failure to File Notice of Completion of Clerk's Record.

If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of

Completion of Clerk's Record, the appellant shall seek an order from the Court on Appeal

compelling the trial court clerk or Administrative Agency to complete the Clerk's Record and

issue, file, and serve its Notice of Completion. Failure of appellant to seek such an order not

later than seven (7) days after the Notice of Completion of Clerk's Record was due to have

been issued, filed, and served shall subject the appeal to dismissal.

G. Failure to File Notice of Completion of Transcript.

If the trial court clerk or Administrative Agency fails to issue, file, and serve a timely Notice of

Completion of Transcript required by Rule 10(D), the appellant shall seek an order from the

Court on Appeal compelling the trial court clerk or Administrative Agency to issue, file and

serve the Notice of Completion of Transcript. Failure of appellant to seek such an order not

later than seven (7) days after the Notice of Completion of Transcript was due to have been

issued, filed, and served shall subject the appeal to dismissal.