Ind. Appellate Rule 65

Effective January 1, 2023

A. Criteria for Publication.

All Supreme Court opinions shall be published in the official reporter. A Court of Appeals opinion shall be published in the official reporter and be citable if the case:

(1) establishes, modifies, or clarifies a rule of law;

(2) criticizes existing law; or

(3) involves a legal or factual issue of unique interest or substantial public importance.

Other Court of Appeals cases shall be decided by memorandum decision that are not published in the official report and are not citable except as provided in (D). A judge who dissents

from a memorandum decision may designate the dissent for publication in the official

reporter if one (1) of the criteria above is met.

B. Time to File Motion to Publish.

Within fifteen (15) days of the entry of the decision, a party may move the Court to publish in

the official reporter any memorandum decision which meets the criteria for publication in

the official reporter.

C. Official Reporter.

West's Northeastern Reporter shall be the official reporter of the Supreme Court and the

Court of Appeals.

D. Precedential Value of Opinions and Memorandum Decisions.

(1) Published Opinions.

A published opinion of the Supreme Court is binding precedent for all Indiana courts. A published opinion of the Court of Appeals is binding precedent for all Indiana trial courts.

(2) Memorandum decisions.

Unless later designated for publication in the official reporter, a memorandum decision is not

binding precedent for any court and must not be cited to any court except to establish res

judicata, collateral estoppel, or law of the case. However, a memorandum decision issued on

or after January 1, 2023, may be cited for persuasive value to any court by any litigant. But

there is no duty to cite a memorandum decision except to establish res judicata, collateral

estoppel, or law of the case.

E. Certification of Opinion or Memorandum Decision.

The Clerk shall serve uncertified copies of any opinion or memorandum decision by a Court

on Appeal to all counsel of record, unrepresented parties, and the trial court at the time the

opinion or memorandum decision is handed down. The Clerk shall certify the opinion or

memorandum decision to the trial court or Administrative Agency only after the time for all

Petitions for Rehearing, Transfer, or Review has expired, unless all the parties request earlier

certification. If the Supreme Court grants transfer or review, the Clerk shall not certify any

opinion or memorandum decision until final disposition by the Supreme Court. The trial

court, Administrative Agency, and parties shall not take any action in reliance upon the opinion or memorandum decision until the opinion or memorandum decision is certified.

F. Orders, Decisions, and Opinions.

Orders, decisions, and opinions issued by the Court on Appeal shall be publicly accessible,

but each Court on Appeal should endeavor to exclude the names of the parties and affected

persons, and any other matters excluded from Public Access in accordance with the Rules on

Access to Court Records, unless the Court on Appeal determines the conditions in Access to

Court Record Rule 9 are satisfied, or upon further general order of the Court on Appeal.