Ind. Appellate Rule 62

To Abortion

Effective January 1, 2012

A. Applicability.

This Rule governs an appeal by a minor or her physician from an adverse judgment or order

of a trial court under Indiana Code 16-34-2-4.

B. Permitted Parties.

For the purposes of this Rule, the term “ physician” shall mean a natural person holding an

unlimited license to practice medicine in the State of Indiana. The next friend of the minor

shall be a natural person.

C. Appeal by Minor or Her Physician.

A minor or her physician wishing to appeal a judgment or order denying the waiver of par-

ental consent to abortion shall file with the trial court, no later than ten (10) days after entry

of the order or judgment is noted in the Chronological Case Summary, a written request that

the Record on Appeal be prepared and certified. The trial court judge shall promptly certify

the judgment or order and summary findings of fact and conclusion of law, together with the

Petition initiating the proceeding, and either a stipulation of the facts or an electronic tran-

scription of the evidence taken in the proceeding. These certified documents shall constitute

the Record on Appeal. The trial court shall promptly transmit the Record on Appeal to the

Clerk. No motion to correct error or Notice of Appeal shall be filed.

D. Appeal by State or Other Party.

If the trial court grants the requested consent but the State or any other proper party wishes

to appeal and obtains a stay of the trial court's order or judgment, the State or other party

shall follow the procedure in Section C.

E. Decision by the Supreme Court.

The appeal shall proceed directly to the Supreme Court, which shall decide the appeal on the

Record on Appeal without briefs or oral argument, unless the Court otherwise directs. Any

party may, however, file a short statement of special points desired to be brought to the

attention of the Supreme Court, which statement need not conform to the usual requirements for appellate briefs.