CHAPTER 3. RULES AND PROCEDURES
IC 33-25-3
Chapter 3. Rules and Procedures
IC 33-25-3-1
Chief judge; presiding judges
Sec. 1. (a) The judges of the court of appeals shall select one (1)of their members as chief judge of the court. The member selectedretains that office for three (3) years after the effective date of themember's appointment, subject to reappointment in the same manner.However, a member of the court may resign the office of chief judgewithout resigning from the court. When a vacancy in the office ofchief judge occurs due to absence, illness, incapacity, or resignation,the powers and duties of the chief judge devolve upon the judge ofthe court of appeals who is senior in length of service. However, iftwo (2) or more judges are equal in length of service and senior inlength of service, the determination of chief judge shall be by lotuntil the cause of vacancy is terminated or the vacancy is filled.
(b) The members of each district, other than the district fromwhich the chief judge was chosen, shall select one (1) of theirmembers as presiding judge of the district.
As added by P.L.98-2004, SEC.4.
IC 33-25-3-2
Disqualification of judge
Sec. 2. If a judge of the court of appeals:
(1) is related to a party;
(2) is interested in a case;
(3) was a counsel in a case; or
(4) was the judge who rendered the decision in a lower courtthat has been appealed to the court of appeals;
the judge shall disqualify himself or herself and not sit to hear thecase.
As added by P.L.98-2004, SEC.4.
IC 33-25-3-3
Replacement of disqualified or absent judge
Sec. 3. When a judge disqualifies himself or herself or isotherwise unable to sit for the hearing or decision of a case in thejudge's district, the chief judge shall assign a court of appeals judgeto the disqualified or absent judge's district for the hearing anddecision of the case.
As added by P.L.98-2004, SEC.4.
IC 33-25-3-4
Appeals; amount in controversy
Sec. 4. Except as provided in IC 34-56-1, an appeal may not betaken to the court of appeals in any civil case where the amount incontroversy, exclusive of interest and costs, does not exceed fiftydollars ($50).
As added by P.L.98-2004, SEC.4.
IC 33-25-3-5
Hearing and argument of cases
Sec. 5. The hearing and argument of cases in the court of appealsshall be in accordance with:
(1) the rules of the supreme court as to hearing and argument;or
(2) any rules the court of appeals adopts.
As added by P.L.98-2004, SEC.4.
IC 33-25-3-6
Opinions; reports; publication and distribution
Sec. 6. The judicial opinion or decision in each case determinedby the court of appeals shall be reduced to writing. Reports of theseopinions and decisions may be published and distributed in themanner prescribed by the supreme court.
As added by P.L.98-2004, SEC.4.
IC 33-25-3-7
Opinion and judgment; certification to lower court
Sec. 7. (a) In every case reversed by a division of the court ofappeals:
(1) an opinion shall be given on the material questions in thecase in writing; and
(2) the appropriate judgment shall be entered, with directions tothe lower court.
(b) In all cases, the opinion and judgment shall be certified to thelower court thirty (30) days after the date allowed by law for thefiling of a petition for a rehearing, unless:
(1) an earlier date has been ordered by the division;
(2) a petition for a rehearing is filed; or
(3) the case is transferred or appealed to the supreme court.
If a case is transferred or appealed to the supreme court, or arehearing is granted, the judgment of the division of the court ofappeals is vacated. If a rehearing is denied, the opinion and judgmentshall, thirty (30) days after the date of the ruling, be certified to thelower court, unless the case is transferred or appealed to the supremecourt.
(c) If the losing party files a waiver of the party's right to file apetition for a rehearing, the opinion shall be immediately certified tothe lower court.
As added by P.L.98-2004, SEC.4.
IC 33-25-3-8
Process, rules, and orders; execution and service
Sec. 8. All process, rules, and orders of the court of appeals shallbe executed and served by the sheriff of the county in which aprocess, a rule, or an order has been directed. The sheriff is entitledto collect the fees allowed by law for similar service of process,rules, or orders issued by the supreme court.
As added by P.L.98-2004, SEC.4.
IC 33-25-3-9
Seal of court
Sec. 9. The court of appeals shall have a seal:
(1) designed and provided by the secretary of state at theexpense of the state; and
(2) that contains the title of the court on the face of the seal.
As added by P.L.98-2004, SEC.4.