Ind. Appellate Rule 58

Transfer

Effective January 1, 2016

A. Effect of Grant of Transfer.

The opinion or memorandum decision of the Court of Appeals shall be final except where a

Petition to Transfer has been granted by the Supreme Court. If transfer is granted, the opinion or memorandum decision of the Court of Appeals shall be automatically vacated except

for:

(1) those opinions or portions thereof which are expressly adopted and incorporated by

reference by the Supreme Court; or

(2) those opinions or portions thereof that are summarily affirmed by the Supreme Court,

which shall be considered as Court of Appeals' authority.

Upon the grant of transfer, the Supreme Court shall have jurisdiction over the appeal and all

issues as if originally filed in the Supreme Court.

B. Effect of the Denial of Transfer.

The denial of a Petition to Transfer shall have no legal effect other than to terminate the lit-

igation between the parties in the Supreme Court. No Petition for Rehearing may be filed

from an order denying a Petition to Transfer.

C. Supreme Court Evenly Divided.

When the Supreme Court is evenly divided upon the question of accepting or denying transfer, transfer shall be deemed denied. When the Supreme Court is evenly divided after transfer has been granted, the decision of the Court of Appeals shall be reinstated.