Ind. Appellate Rule 23

Effective July 1, 2026

A. Time for Filing.

Documents exempted from E-Filing under Rule 68 will be deemed filed with the Clerk when

they are:

(1) personally delivered to the Clerk (which, when the Clerk's Office is open for business,

shall mean personally tendering the papers to the Clerk or the Clerk's designee; and at all

other times (unless the Clerk specifies otherwise) shall mean properly depositing the

papers into the "rotunda filing drop box" located in the vestibule of the east second-floor

entrance to the State House);

(2) deposited in the United States Mail, postage prepaid, properly addressed to the Clerk;

or

(3) deposited with any third-party commercial carrier for delivery to the Clerk within three

(3) calendar days, cost prepaid, properly addressed.

Documents not exempted from E-Filing under Rule 68 will be deemed E-Filed with the Clerk,

subject to payment of all applicable fees, on the date and time reflected in the Notice of Electronic Filing. See Appellate Rule 68(I).

B. Clerk's Functions.

All functions performed by the Clerk are ministerial and not discretionary. The court retains

the authority to determine compliance with these Rules.

C. Documents Tendered with Motions Seeking Leave to File.

When a document tendered with a motion is ordered filed by the Court, any time limit for a

response to that document shall run from the date on which the document is filed.

D. Notice of Defect-Received but not Filed.

When the Clerk accepts a document as received but not filed, including a document that is

noncompliant with the Rules, the Clerk shall stamp the document as “received” (but not filed)

as of the date it would have been filed.

(1) When a document is stamped as “received” due to noncompliance with the Rules the

Clerk shall send a “Notice of Defect” to the attorney or unrepresented litigant that

tendered the document, shall serve all other parties with a copy of the Notice of Defect,

and shall note the transmission of the Notice of Defect on the docket if a cause number

has been assigned to the matter.

(a) Individuals who are incarcerated in a penitentiary, prison, or jail and are not represented by an attorney must correct defect(s) no later than twenty (20) business days

from the date of the Notice of Defect. All other persons have ten (10) business days

from the date of the Notice of Defect within which to correct defect(s).

(b) If the attorney or unrepresented litigant corrects the defect(s) by the deadline

provided in the Notice of Defect, and if the corrected document fully complies with the

Rules in all other respects, the document shall be deemed filed as of the date the corrected document is filed with the Clerk’s Office pursuant to Appellate Rule 23(A) and

shall be deemed timely for purposes of any applicable filing deadline. Any corrected

document shall be served upon all other parties pursuant to Appellate Rule 24. The

Clerk shall send a “Notice of Cure” to the parties indicating that the defect has been

cured.

(c) If the attorney or unrepresented litigant fails to submit a fully compliant corrected

document by the deadline provided in the Notice of Defect, the Clerk shall note this on

the docket if a cause number has been assigned to the matter.

(d) A list of defects noncompliant with the Rules can be found in Appendix B.

(2) When a document is stamped as “received” for a reason other than noncompliance

with the Rules any time limit for response or reply to that document shall run from the

date on which the document is filed. The Clerk shall notify all parties of the date on which

the “received” document is subsequently filed.

E. Signature Required.

Every motion, petition, brief, appendix, acknowledgment, notice, response, reply, or appearance must be signed by at least one [1] attorney of record in the attorney's individual name,

whose name, address, telephone number, and attorney number shall also be typed or prin-

ted legibly below the signature. If a party or amicus is not represented by an attorney, then

the party or amicus shall sign such documents and type or print legibly the party or amicus's

name, address, and telephone number. The signing of the verification of accuracy required

by Rule 50(A)(2)(i) or 50(B)(1)(f) satisfies this requirement for appendices. E-Filed documents

submitted through the IEFS shall comply with Rule 68(H).

F. Confidentiality of Court Records on Appeal.

(1) Court Records are accessible to the public, except as provided in the Rules on Access to

Court Records.

(2) If a Court Record was excluded from Public Access in the trial court in accordance with the

Rules on Access to Court Records, the Court Record shall remain excluded from Public Access

on appeal unless the Court on Appeal determines the conditions in Rule 9 of the Rules on

Access to Court Records are satisfied.

(3) Procedures for Excluding Court Records from Public Access on Appeal. Any Court Record

excluded from Public Access on appeal must be filed in accordance with the following procedures:

(a) Notice to maintain exclusion from Public Access.

(i) In cases where the Court Record is excluded from Public Access pursuant to Access

to Court Records Rules 5(B), 5(C), 5(D), or 5(F), the party or person submitting the confidential record must provide the separate written notice required by the Rules on

Access to Court Records identifying the applicable Rule 5 ground. In cases where the

Court Record is excluded under Access to Court Records Rule 6, the notice must

identify the Rule 6 order or other basis for exclusion. For material governed by Access

to Court Records Rule 5(F), the material itself must not be filed, e-filed, scanned,

copied, reproduced, transmitted, or converted into an electronic court record except

as provided by Access to Court Records Rule 5(F), Appellate Rule 29(E), court order, and

applicable law. (See Form # App.R. 11-5).

(ii) In cases where all Court Records are excluded from Public Access in accordance

with Access to Court Records Rule 5(A), no notice of exclusion from Public Access is

required.

(b) Public Access and Non-Public Access Versions. Where only a portion of the Court

Record has been excluded from Public Access pursuant to Access to Court Records Rule 5

(B), 5(C), or 5(D), the following requirements apply:

(i) Public Access Version.

a. If an appellate filing contains confidential Court Records to be excluded from

Public Access, the confidential Court Record shall be omitted or redacted from this

version.

b. The omission or redaction shall be indicated at the place it occurs in the Public

Access version. If multiple pages are omitted, a separate place keeper insert must

be inserted for each omitted page to keep PDF page numbering consistent throughout.

c. If the entire document is to be excluded from Public Access, the Access to Court

Records ACR Form filed with the document will serve as the Public Access Version.

(ii) Non-Public Access Version.

a. If the omitted or redacted Court Record is not necessary to the disposition of the

case on appeal, the excluded Court Record need not be filed or tendered in any

form and only the Public Access version is required. The Access to Court Records

ACR Form should indicate this fact. (See Form # App.R. 11-6).

b. If the omitted or redacted Court Record is necessary to the disposition of the

case, the excluded Court Record must be separately filed or tendered as follows.

1. The first page of the Non-Public Access Version should be conspicuously

marked “Not for Public Access” or “Confidential,” with the caption and number of

the case clearly designated.

2. The separately filed Non-Public Access version shall consist of a complete, consecutively paginated replication including both the Public Access material and

the Non-Public Access material.

3. Use of green paper is abolished for E-Filing. Pages in the Non-Public Access

version containing Court Records that are excluded from Public Access shall

instead be identified with a header, label, or stamp that states, “CONFIDENTIAL

PER RULES ON ACCESS TO COURT RECORDS” or “EXCLUDED FROM PUBLIC

ACCESS PER RULES ON ACCESS TO COURT RECORDS.”

(iii) The requirements in Rule 23(F)(3)(b) do not apply to cases in which all Court

Records are excluded from Public Access pursuant to Access to Court Records Rule 5

(A).

(4) E-Filing document security codes settings.

(a) Where only a portion of the Court Record has been excluded from Public Access pursuant to Rules 5(B), 5(C), or 5(D) of the Access to Court Record Rules, the E-Filing document security codes setting for the Public Access Version shall be “Public Document.”

(b) Where only a portion of the Court Record has been excluded from Public Access

pursuant to Rules 5(B), 5(C), or 5(D) of the Access to Court Record Rules, the E-Filing

document security codes setting for the Non-Public Access Version shall be “Confidential document under the Rules on Access to Court Records.”

(c) In cases in which all Court Records are excluded from Public Access pursuant to

Rule 5(A) of the Access to Court Record Rules, the E-Filing document security codes setting shall be “Confidential document under the Rules on Access to Court Records.”

(d) Nothing in this Rule authorizes the filing, e-filing, scanning, copying, reproduction,

transmission, or conversion into an electronic court record of material governed by

Access to Court Records Rule 5(F) except as provided by Access to Court Records Rule 5

(F), Appellate Rule 29(E), court order, and applicable law.