Ind. Appellate Rule 12

Effective January 1, 2017

A. Clerk's Record.

Unless the Court on Appeal orders otherwise, the trial court clerk shall retain the Clerk's

Record throughout the appeal. A party may request that the trial court clerk copy the Clerk's

Record, or a portion thereof, and the clerk shall provide the copies within seven (7) days, subject to the payment of any usual and customary copying charges.

B. Transcript.

(1) Except as otherwise provided below, the trial court clerk shall retain the Transcript until

the Clerk notifies the trial court clerk that all briefing is completed, and the trial court clerk

shall then transmit one (1) copy of the Transcript to the Clerk in accordance with Rules 28 and

29.

(a) In Criminal Appeals in which the appellant is not represented by the State Public

Defender, the Clerk shall notify the trial court clerk when the Appellant’s Brief has been

filed, and the trial court clerk will then transmit one (1) copy of the Transcript to the Clerk

in accordance with Rules 28 and 29.

(b) In Criminal Appeals in which the appellant is represented by the State Public Defender,

the trial court clerk shall transmit one (1) copy of the Transcript to the Clerk in accordance

with Rules 28 and 29 when the Court Reporter has completed the preparation, certification and filing in accordance with Rule 11(A).

(c) In juvenile termination of parental rights and juvenile child in need of services appeals,

the Clerk shall notify the trial court clerk when the Appellant’s Brief has been filed, and the

trial court clerk will then transmit one (1) copy of the Transcript to the Clerk in accordance

with Rules 28 and 29.

(d) Any party may move the Court on Appeal to order the trial court clerk to transmit the

Transcript at a different time than provided for in this Rule.

(2) Any party may withdraw the Transcript, or, at the trial court clerk’s option, a copy, at no

extra cost, from the trial court clerk for a period not to exceed the period in which the party’s

brief is to be filed.

C. Access to Record on Appeal.

Unless limited by the trial court, any party may copy any document from the Clerk's Record

and any portion of the Transcript. After a Transcript or Appendix has been transmitted to or

filed with the Clerk, a party to the appeal may arrange to have access to that Transcript or

Appendix during the time period that party is working on a brief, subject to any internal rules

the Clerk may adopt to provide an accounting for the location of those materials and for

ensuring fair access to the Transcript and Appendices by all parties.

D. Appeals from Administrative Agencies.

When the appeal is from an Administrative Agency, reference to the “trial court clerk” shall

mean the Administrative Agency.