Ind. Appellate Rule 29

Effective July 1, 2026

A. Documentary Exhibits.

Except for exhibits governed by Section (E), documentary exhibits, including testimony in written form filed in Administrative Agency proceedings and photographs, shall be included in

separate volumes that conform to the requirements of Appendix A(1), (2)(a), (11), and (12).

The Court Reporter shall also prepare an index of the exhibits contained in the separate

volumes that conforms to the requirements of Appendix A(14). Documentary exhibit volumes

shall be submitted in electronic format in accordance with Appellate Rule 28(c). Documentary

exhibit volumes submitted in electronic format shall additionally conform to the requirements of Appendix A(15)-(19). The documentary exhibit volumes shall be transmitted to the

Clerk with the electronic Transcript, using the same method of transmission as the electronic

Transcript.

B. Audio and Video Recordings.

If a case includes exhibits in the form of audio or video recordings, the Court Reporter must

prepare two copies, except for child sex abuse material (CSAM) addressed in Section (E).

CSAM must not be copied or included in the record except by order of the Court on Appeal.

The trial court must retain the original exhibits.

(1) The trial court clerk must mail one copy to the Clerk on CD, DVD, flash drive, or other

physical media at the same time as the Transcript and documentary exhibits are filed.

Such CDs, DVDs, flash drives, or physical media must be submitted in an envelope stapled

into a conventional volume.

(2) The trial court clerk must provide one copy to the Appellant(s), either by electronic

means or by mailing the CD, DVD, flash drive, or other physical media.

(3) At the time of filing of the Appellant’s Brief, if the Appellee(s) do not have access to the

audio or video recordings under Rule 12(C), the Appellant must provide those recordings

to the Appellee(s).

(4) Audio or video recordings submitted on physical media in criminal cases must be

returned to the trial court five years after the appellate case is concluded. Audio or video

recordings submitted on physical media in civil cases must be returned to the trial court

sixty days after the appellate case is concluded.

C. Nondocumentary and Oversized Exhibits.

Except as provided in Section (E), nondocumentary and oversized exhibits must not be sent

to the Court but must remain in the custody of the trial court or Administrative Agency during

the appeal. Such exhibits must be briefly identified in the Transcript where they were admitted into evidence. Except as provided in Section (E), photographs of any exhibit may be

included in the volume of documentary exhibits. Nondocumentary and oversized exhibits

sent to the Court in criminal cases must be returned to the trial court five years after the

appellate case is concluded. Nondocumentary and oversized exhibits sent to the Court in civil

cases must be returned to the trial court sixty days after the appellate case is concluded.

D. Access to Court Records Rule 7.

Except for exhibits governed by Access to Court Records Rule 5(F), if an exhibit was accompanied by the separate written notice required by Access to Court Records Rule 7, the Court

Reporter must comply with the requirements of Appellate Rule 23(F) when the exhibit is

thereafter filed with the Trial Court Clerk. Exhibits governed by Access to Court Records Rule

5(F) are governed by Section (E).

E. Child Sex Abuse Material.

If an exhibit includes child sex abuse material (CSAM), as defined by I.C. 35-36-10-2, the Court

Reporter must not prepare any copies of that exhibit. The Court Reporter or other custodian

designated by the trial court must maintain the exhibits securely, confidentially, and separately from the other exhibits.

(1) A party that wishes to raise or respond to an issue on appeal that requires examination

of CSAM must file a written motion requesting that the CSAM be transmitted to the Court

on Appeal. The Court on Appeal may also order transmission on its own motion. Any

order authorizing transmission must specify who may access the CSAM and the conditions

of access, consistent with Access to Court Records Rule 5(F) and applicable law. Upon

order of the Court on Appeal, the exhibits must be transported to the Clerk by personal

delivery, not by mail or electronic transmission, by a law enforcement officer or other

appropriate designee of the trial court.

(2) After the appellate case is concluded, including after certification under Rule 65 when

applicable, the Court on Appeal must order the return of the exhibits to the law enforcement agency that had pretrial custody of the evidence or as otherwise ordered by the

Court on Appeal.