There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial.
In most situations law is inherently slow because it addresses and unravels complex problems that often took a long time in the making. However, the Indiana Supreme Court is actively shortening the process for trial court filings and appeals by moving to electronic filing as of July 1, 2016 for most documents. This avoids mail and manual processing of filings, as well is a “greener” approach.
This blog addresses appeals and some of the key shortening of timelines to further eliminate delay other than appellate e-filing that is not a necessary part of justice. Specifically, highlighting the rightly technical aspect of appeals, the following rules and corresponding timelines have been shortened to result in a faster decision being reached without compromising quality and justice:
Rule 9(H): This addresses the financial aspects of preparing the transcript and copies (the collective “record”) of the exhibits for appeal. Now ten days after filing the Notice of Appeal (that initiates the appeal), the party or his or her counsel must make payment arrangements with the court reporter for the transcript.
Rule 10(F): In the event the clerk of the trial court fails to prepare the notice of completion of the Clerk’s record, which indexes the filings and indicates the status of the transcript, the appellate must compel the clerk to do so. Similarly, under Rule 10(G), if the Court Reporter fails to file the notice of completion of the transcript, the appellate has seven days to complete the filing.
Rule 11(B) and (D) are the biggest change. The Court Reporter now has 45 days to complete the transcript. The appellate has seven day to compel its filing if this is not completed. Failure to follow this any and of the rules may impact the appeal or cause its dismissal.
Thus, the Indiana Supreme Court is advancing the notion of speedy justice, along with quality justice, by eliminating unnecessary time in the process. This blog is written by attorneys at Dixon & Moseley, P.C. who handle civil and criminal appeals throughout the greater Indianapolis area the State of Indiana. It is for general informational purposes only and not intended as specific legal advice. It is advertising material.
