Ind. Appellate Rule 28

Effective July 1, 2026

A. Transcript.

The Court Reporter shall prepare an electronic Transcript in accordance with Appendix A.

B. Certification.

The Court Reporter shall certify the Transcript is correct. The Court Reporter’s certification

shall be the last page of the last volume of the Transcript, signed by the Court Reporter in

accordance with Appendix A.

C. Submission of Electronic Transcript.

(1) Following certification of the Transcript, the Court Reporter shall submit the electronic

Transcript using one of the following methods:

(a) Submission by E-Filing. If e-filing is required in the trial court by Trial Rule 87(B)(1), then

the Court Reporter shall transmit the electronic Transcript to the trial court clerk through

the IEFS.

(b) Submission on Physical Media. If the Transcript is not submitted by e-filing, then the

Court Reporter shall seal two (2) copies of the Transcript in an envelope or package bear-

ing the trial court case number and marked “Transcript.” The envelope or package

containing the electronic Transcript copies shall be filed with the trial court clerk in accordance with Rule 11. The Court Reporter shall also retain a copy of the electronic Transcript.

(2) The separate Exhibit volume(s) and photographic reproductions of oversized exhibits (if

included pursuant to Rule 29(C)) shall be filed with the trial court clerk in accordance with

Rule 11.

D. Technical Standards.

The Court Reporter shall prepare the electronic Transcript pursuant to the technical standards set forth in Appendix A of these rules.

E. Processing and Transmission of Electronic Transcript by Clerk.

(1) If the electronic Transcript is submitted by E-Filing, the trial court clerk shall enter the date

of submission on the Chronological Case Summary and shall transmit the electronic Transcript to the Clerk through the IEFS.

(2) If the electronic Transcript is submitted on Physical Media, the trial court clerk shall file

stamp the envelope that will be used to store the electronic data storage device; the original

envelope submitted by the Court Reporter may be used for this purpose, if appropriate. The

trial court clerk shall then transmit one (1) copy of the electronic Transcript to the Clerk either

through the IEFS or by personal delivery, U.S. mail, or third-party commercial carrier.

(3) The trial court clerk shall retain the second copy of the electronic Transcript and store the

electronic records in conformity with Administrative Rule 6.

F. Court Records Excluded by the Rules on Access to Court Records.

(1) In cases where all of the Court Records are excluded from Public Access pursuant to

Access to Court Records Rule 5(A), the Transcript shall be excluded from Public Access.

(2) If, during the hearing or trial, a party or person identified any exhibit or oral statement(s)

to be excluded from Public Access, the Court Reporter must note in the Transcript the spe-

cified Access to Court Records Rule 5(B), 5(C), 5(D), or 5(F) ground(s) identified by the party or

person. Except for exhibits governed by Access to Court Records Rule 5(F), the Court Reporter

must comply with Appellate Rule 23(F) with regard to the exhibit or statement(s). For exhibits

governed by Access to Court Records Rule 5(F), the Court Reporter must comply with Appellate Rule 29(E).

(3) Additionally, until the time the Transcript is transmitted to the Court on Appeal, any party

or person may file written notice with the Trial Court identifying:

(a) the exhibit or Transcript page and line number(s) containing any Court Record to be

excluded from Public Access; and

(b) the specific Access to Court Records Rule 5(B), 5(C), 5(D), or 5(F) ground(s) upon which

that exclusion is based. (See Form #App.R. 11-3).

This written notice must be served on the Court Reporter. Upon receipt of the written notice,

the Court Reporter must refile the Transcript in compliance with the requirements of Appellate Rule 23(F), except that exhibits governed by Access to Court Records Rule 5(F) must be

handled under Appellate Rule 29(E). The Court Reporter must note in the Transcript the specific Access to Court Records Rule 5(B), 5(C), 5(D), or 5(F) ground(s) identified by a party or person.

(4) After the Transcript has been transmitted to the Court on Appeal, any request by a party

or person to exclude a Court Record in the Transcript from Public Access must be made to

the Court on Appeal and must contain the specific Access to Court Records Rule 5(B), 5(C), 5

(D), or 5(F) ground(s) upon which that exclusion is based. Upon receipt of an order from the

Court on Appeal, the Court Reporter must re-file the Transcript in compliance with the

requirements of Appellate Rule 23(F), except that exhibits governed by Access to Court

Records Rule 5(F) must be handled under Appellate Rule 29(E).