A petition to transfer asks the Indiana Supreme Court to take over a case after the Court of Appeals has ruled. It must be filed within 45 days of the adverse decision, or 30 days after a ruling on rehearing, and the Court grants transfer at its discretion, usually when an issue matters beyond the parties themselves.
Ciyou & Associates prepares petitions to transfer in family law and civil appeals. If the other side has filed one against you, see our page on the brief in response to a petition to transfer. For an overview of our appeals work, visit our Indiana appellate practice page.
Most Indiana appeals end in the Court of Appeals. Indiana Appellate Rule 56(B) lets a party who received an adverse decision there ask the Supreme Court to transfer the case. Rule 57 sets out the procedure. A petition may be filed from a published opinion, a not for publication memorandum decision, an amendment or modification of either, or an order dismissing an appeal. Other orders, such as an order denying a motion to accept an interlocutory appeal, do not qualify.
Rule 56(A) also allows a rare motion asking the Supreme Court to take an appeal before the Court of Appeals decides it, but only for a substantial question of great public importance that requires a speedy emergency decision. That is a separate tool from a petition to transfer.
Transfer is a matter of judicial discretion. Appellate Rule 57(H) lists the principal considerations the Court weighs
A strong petition does more than argue that the panel reached the wrong result. It explains why the issue matters to Indiana law generally and ties the argument to one or more of these considerations.
Under Rule 57(C), the petition is due no later than 45 days after the adverse decision if no one sought rehearing. If rehearing was sought, it is due no later than 30 days after the Court of Appeals rules on the rehearing petition. No extension is allowed, and the three day mailing extension does not apply.
Rule 44 limits a petition to transfer to 10 pages, or 4,200 words with a word count certificate. A brief in response has the same limit, and any reply is limited to 3 pages or 1,000 words. The opposing party may respond within 20 days after service, and the petitioner may reply within 10 days after a response is served. Rule 56(B) requires a $125 filing fee, with exceptions for governmental parties and parties who proceeded in forma pauperis.
Rule 57(G) sets the required contents, beginning with a short, non argumentative question presented on its own page, followed by a table of contents, background and prior treatment of the issues, argument, conclusion and the required certificates. No separate supporting brief is allowed.
A petition for rehearing under Appellate Rule 54 asks the same Court of Appeals panel to reconsider its own decision, usually because it overlooked a fact, an argument or controlling authority. It must be filed within 30 days of the decision. A petition to transfer asks a different and higher court to step in. A party can seek rehearing first and then transfer, which affects the transfer deadline. Choosing between them, or using both, is a strategic decision best made soon after the opinion issues.
Under Rule 58(A), when transfer is granted the Court of Appeals opinion is automatically vacated, except for any parts the Supreme Court expressly adopts or summarily affirms. The Supreme Court then has jurisdiction over the whole appeal as if it had been filed there originally.
Under Rule 58(B), denial of transfer has no legal effect other than ending the litigation in the Supreme Court, and no rehearing may be sought from that denial. If the justices are evenly divided on whether to accept transfer, it is treated as denied.
We begin by reading the opinion against the record and the briefs, asking whether the case presents a question the Supreme Court is likely to care about. We give clients a candid view of whether a petition is worth filing, what it will cost and how long a decision may take. When we file, we write for justices who review many petitions, so the question presented and the reasons for review appear first and are stated plainly.
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Appellate focus. The firm has handled appeals in the Indiana Court of Appeals and the Indiana Supreme Court for many years, with a concentration in family law.
Candid evaluation. We tell clients when transfer is a realistic option and when it is not, before they commit time and money.
Tight, rule compliant writing. With a 4,200 word limit and no extensions, every page has to earn its place.
Experience since 1994. Bryan Ciyou has practiced Indiana law for three decades.
The deadline to seek transfer cannot be extended, so the time to talk with an appellate lawyer is as soon as the Court of Appeals decision issues. Ciyou & Associates is located at 320 N. Meridian St., Suite 600, in downtown Indianapolis.
