Indianapolis, IN asked in Criminal Law and Appeals / Appellate Law for Indiana

Q: What's does transmitted for transfer (supreme court) mean

1 Lawyer Answer
Michael Ray Smith
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  • Appeals & Appellate Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: I'm not sure what "transmitted for transfer" means, but the process after the Indiana Court of Appeals renders a decision is that a party who doesn't like the Court of Appeals decision can file a petition to transfer the case to the Indiana Supreme Court. The party asking for transfer files a brief; the other party can respond with its own brief; and then the petitioning party can file a reply. A petitiion for transfer to the Indiana Supreme Court is similar to a petition for certiorari to the United States Supreme Court, but there are some procedural differences.

If the Supreme Court grants transfer, the decision of the Court of Appeals is automatically vacated; in other words, it's as if the decision of the Court of Appeals doesn't exist. Then Supreme Court may or may not hold oral argument before it renders its own decision that replaces the decision of the Court of Appeals. The Supreme Court's decision may be the same as the Court of Appeals or it may be different.

Sometimes the Supreme Court will hold oral argument before it decides whether to grant or deny transfer.

To allow time for a petition to transfer, the Court of Appeals decision is not truly final for thirty days after it is issued (45 days under some circumstances). If no petition is filed within that time, the Court of Appeals will certify its decision as final. The Court of Appeals decision will also become final if a party petitions for transfer and the Supreme Court denies it.

As I said, I'm not sure what "transmitted for transfer" means, and it may depend on where you saw those words. It might mean that a party has petitioned for transfer but the Supreme Court has not acted on the petition. Or it might mean that the Supreme Court has granted transfer and the record of the case has been transmitted to the Suprme Court, but the Supreme Court has not issued a decision.

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