Indiana Notice of Appeal
Indiana files the notice directly with the statewide appellate Clerk rather than the trial court, and an ordinary county small-claims judgment is appealed on the record, not retried.
Find out where you stand in Indiana
Where are you in the appeal?
DocDraft provides document preparation, not legal advice.
Introduction
In Indiana, a notice of appeal from a final civil judgment is due within 30 days after the entry of the judgment is noted in the Chronological Case Summary, not the date of any separate written notice of entry or service on the parties (Ind. R. App. P. 9(A)(1)). A timely Motion to Correct Error under Indiana Trial Rule 59 restarts that clock: the notice of appeal must then be filed within 30 days after the ruling on the motion is noted in the Chronological Case Summary, or 30 days after the motion is deemed denied under Trial Rule 53.3, whichever comes first (App. R. 9(A)(1)). Outside that tolling motion, Indiana Rule of Appellate Procedure 9(A)(5) makes an untimely notice a forfeiture of the right to appeal, except for a belated-appeal remedy under Post-Conviction Rule 2 that applies only to criminal cases, so a civil appellant generally cannot get the deadline extended. The notice is filed directly with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court, the statewide appellate clerk, through the Indiana E-Filing System, not with the trial court clerk; the trial court clerk's only remaining role is assembling the Clerk's Record and the Chronological Case Summary (Ind. R. App. P. 2(D); 9(A)(1), (A)(4)). The general civil route goes to the Court of Appeals of Indiana. Rule 9(F) requires the notice to include ten items, among them party and trial information, the designation of the judgment appealed from, a direction to the trial court clerk to assemble the record, the transcript portions needed, a public-access statement, a civil case's willingness to participate in appellate alternative dispute resolution, required attachments, a certification, and a certificate of service; a template, Form App. R. 9-1, is referenced in the rule; confirm with the Clerk whether that form itself must be used. Filing costs $250, payable to the Clerk (Ind. R. App. P. 9(E); confirm the current fee with the clerk), though no fee is required for a party proceeding in forma pauperis under Rule 40 or on behalf of a governmental unit. No bond is required to perfect the appeal itself (Ind. Trial Rule 62(D)(1)), but filing the notice does not by itself stop the other side from collecting on the judgment: enforcement is suspended only by an appeal bond, an irrevocable letter of credit, or other security the trial court approves (Trial Rule 62(D)(1)-(2)). An ordinary county small-claims judgment is appealed the same way as any other civil judgment, on the record to the Court of Appeals, on the same 30-day clock; it is not retried. Two narrow exceptions do get a new trial: judgments of city courts and certain town courts under IC 33-35-2-5, where the party seeking it must file a Request for Trial de Novo with the circuit court clerk within 15 days after the city court enters judgment (Ind. Trial Rule 1(B)(1)). This page covers a civil appeal from a trial court's final judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow separate rules and are not covered here. Attorney review is available before you file.
Key Things to Know
- 1
The notice of appeal is due within 30 days after entry of the judgment is noted in the Chronological Case Summary, not the date of any separate written notice of entry or service (Ind. R. App. P. 9(A)(1)). A timely Motion to Correct Error under Trial Rule 59 restarts the clock: the notice is then due within 30 days after the ruling is noted in the Chronological Case Summary, or 30 days after the motion is deemed denied under Trial Rule 53.3, whichever occurs first.
- 2
The deadline is generally not extendable. Indiana Rule of Appellate Procedure 9(A)(5) forfeits the right to appeal on an untimely notice, and the only rule-based relief, a belated-appeal remedy under Post-Conviction Rule 2, applies only to criminal cases.
- 3
File the notice of appeal directly with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court through the Indiana E-Filing System, not with the trial court clerk (Ind. R. App. P. 2(D); 9(A)(1)). The trial court clerk's only remaining role is assembling the Clerk's Record, and the general civil route goes to the Court of Appeals of Indiana.
- 4
Indiana Rule of Appellate Procedure 9(F) lists ten required contents, including party and trial information, the judgment designation, a direction to assemble the Clerk's Record, the transcript portions needed, a public-access statement, an ADR-willingness statement in civil cases, attachments, a certification, and a certificate of service. A template, Form App. R. 9-1, is referenced in the rule; confirm with the Clerk whether that form itself must be used.
- 5
Filing costs $250, payable to the Clerk (Ind. R. App. P. 9(E); confirm the current fee with the clerk). No fee is required for a party proceeding in forma pauperis under Rule 40 or a governmental unit, and no bond is needed to perfect the appeal itself (Ind. Trial Rule 62(D)(1)).
- 6
Filing the notice does not by itself stop the other side from collecting on the judgment. Enforcement is suspended only by an appeal bond, an irrevocable letter of credit, or other security the trial court approves, sized to cover the unsatisfied judgment, costs, interest, and delay damages (Ind. Trial Rule 62(D)(1)-(2)).
- 7
An ordinary county small-claims judgment is appealed the same way as any other civil judgment, on the record to the Court of Appeals on the same 30-day clock, not retried. Two narrow exceptions get a new trial: city courts and certain town courts under IC 33-35-2-5, where a Request for Trial de Novo is due to the circuit court clerk within 15 days after the city court enters judgment (Ind. Trial Rule 1(B)(1)).
Key decisions before you file
Before you file a Notice of Appeal in Indiana, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
Open the Notice of Appeal guideCustomize your Notice of Appeal Template with DocDraft
Indiana Requirements for Notice of Appeal
30-Day Deadline Runs From CCS Entry, Not Service
The notice of appeal is due within 30 days after entry of the judgment is noted in the Chronological Case Summary, not the date of any separate written notice of entry or service (Ind. R. App. P. 9(A)(1)).
Motion to Correct Error Restarts the Clock
A timely Motion to Correct Error under Trial Rule 59 restarts the appeal clock: the notice is due within 30 days after the ruling is noted in the Chronological Case Summary, or 30 days after the motion is deemed denied under Trial Rule 53.3, whichever occurs first (Ind. R. App. P. 9(A)(1)).
No Extension Outside the Criminal Belated-Appeal Rule
Indiana Rule of Appellate Procedure 9(A)(5) forfeits the right to appeal on an untimely notice, and its only stated exception, a belated-appeal remedy under Post-Conviction Rule 2, applies only to criminal cases, not civil appeals.
Filed With the Statewide Appellate Clerk
The notice of appeal is filed directly with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court through the Indiana E-Filing System, not with the trial court clerk, whose only remaining role is assembling the Clerk's Record (Ind. R. App. P. 2(D); 9(A)(1), (A)(4)).
Ten Required Contents Under Rule 9(F)
Indiana Rule of Appellate Procedure 9(F) requires party and trial information, the judgment designation, a direction to assemble the Clerk's Record, the transcript portions needed, a public-access statement, a civil case's ADR-willingness statement, attachments, a certification, and a certificate of service; a template, Form App. R. 9-1, is referenced; confirm with the Clerk whether that form itself must be used.
$250 Filing Fee, Waivable In Forma Pauperis
Filing costs $250, payable to the Clerk (Ind. R. App. P. 9(E); confirm the current fee with the clerk). No fee is required for a party proceeding in forma pauperis under Rule 40 or on behalf of a governmental unit.
No Bond to Perfect, Bond Required to Stay Enforcement
No bond is needed to perfect the appeal itself (Ind. Trial Rule 62(D)(1)), but filing the notice does not by itself stop enforcement of the judgment: enforcement is suspended only by an appeal bond, an irrevocable letter of credit, or other approved security (Trial Rule 62(D)(1)-(2)).
Transcript Deposit and Payment Arrangement
The court reporter may require a fifty percent (50%) deposit based on the estimated cost of the Transcript, except no deposit may be charged for a state- or county-paid Transcript, and within 10 days after the notice of appeal is filed the party must arrange payment of the balance with the reporter (Ind. R. App. P. 9(H)).
County Small Claims Appeals Are Not De Novo
An ordinary county small-claims judgment is appealed the same way as any other civil judgment, on the record to the Court of Appeals on the same 30-day clock. Narrow exceptions get a new trial: city courts and certain town courts under IC 33-35-2-5 (Request for Trial de Novo within 15 days, Ind. Trial Rule 1(B)(1)).