Friend of the Indiana appellate and post-conviction advocate

New Appellate Rule Formalizes Notice of Defect Process

Currently, the notice of defect process is one largely governed by the Indiana Appellate Clerk. But beginning January 1, 2019, Indiana Appellate Rule 23(D)will take effect.

Newly added Appendix B lays out the specific defects that may result in your appellate document being “received but not filed.” If this occurs, the following procedure will take place:

First, a notice of defect will be issued and served on all parties. Pro se incarcerated defendants will have 20 business days to cure the defect, while everyone else will have 10 business days.

If the defect is cured, the Appellate Clerk will send a Notice of Cure to all parties.

Under this procedure, unlike in the past, all parties will receive notice when a defect has been cured.

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