Ind. Appellate Rule 53

Effective January 1, 2020

A. Time Allowed.

Each side shall have the amount of time for argument set by court order. A party may, for

good cause, request more or less time in its motion for oral argument or by separate motion

filed no later than fifteen (15) days after the order setting oral argument. A party is not

required to use all of the time allowed, and the Court may terminate any argument if in its

judgment further argument is unnecessary. A side may not exceed its allotted time without

leave of the Court.

B. Order and Content of Argument.

Unless the Court's order provides otherwise, the appellant shall open the argument and may

reserve time for rebuttal. The appellant shall inform the Court at the beginning of the argument how much time is to be reserved for rebuttal. Failure to argue a particular point shall

not constitute a waiver. Counsel shall not read at length from briefs, the Record on Appeal, or

authorities.

C. Multiple Counsel and Parties.

Unless the Court otherwise provides, multiple appellants or appellees shall decide how to

divide the oral argument time allotted to their side. If more than one attorney on a side will

participate in oral argument, the first attorney shall inform the Court at the beginning of the

argument of the intended allocation of time, but the Court will not separately time each attorney.

D. Cross-Appeals.

Unless the Court directs otherwise, if both parties file a Notice of Appeal, the plaintiff in the

action below shall be deemed the appellant for purposes of this Rule. Otherwise, the party filing a Notice of Appeal shall be deemed the appellant.

E. Amicus Curiae.

An amicus curiae may participate in oral argument without leave of the court to the extent

that all parties with whom the amicus curiae is substantively aligned consent. Otherwise, the

Court shall grant leave for an amicus curiae to participate in oral argument only in extraordin-

ary circumstances upon motion by the amicus curiae.

F. Use of Physical Exhibits at Argument; Removal.

If physical objects or visual displays other than handouts are to be used at the argument,

counsel shall arrange to have them placed in the court room before the Court convenes for

the argument. Counsel shall provide any equipment needed. After the argument, counsel

presenting the exhibits shall be responsible for removal of the exhibits from the court room

and, if necessary, for return to the trial court clerk.

G. Non-Appearance at Argument.

If one or more parties fail to appear at oral argument, the Court may hear argument from the

parties who have appeared, decide the appeal without oral argument, or reschedule the oral

argument. The Court may sanction non-appearing parties.

H. Appeals Involving Court Records Excluded From Public Access.

In any appeal in which Court Records are excluded from Public Access, the parties and counsel at any oral argument and in any public hearing conducted in the appeal, shall refer to the

case and parties only as identified in the appellate Chronological Case Summary and shall not

disclose any matter excluded from Public Access in accordance with the requirements of the

Rules on Access to Court Records.

X. Petitions for Rehearing