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Rule 2.1 – Appearance

May 13, 2021 | Criminal Procedure, Indiana

(A)State of Indiana. At the time a criminal proceeding is commenced, the clerk shall enter the appearance of the elected prosecuting attorney for the .jurisdiction where the action is pending. The prosecuting attorney shall be responsible for providing the clerk:

(1) The name, address, attorney number, telephone number, electronic mail address of the prosecuting attorney;
(2) The case type of the proceeding [Administrative Rule 8(B)(3) ];
(3) [Deleted];
(4) The number of any arrest report relating to the factual basis underlying the criminal proceeding;
(5) The transaction control number associated with the fingerprints submitted by the arresting agency and the state identification number assigned to the defendant by the Indiana State Police Central Records Repository if the defendant has been arrested and processed at the jail; and
(6) Such additional matters specified by state or local rule required to maintain the information management system employed by the court through the Indiana Electronic Filing System (IEFS) if possible or in writing.

Any special or senior prosecuting attorney appointed to replace the elected prosecuting attorney, shall be responsible for providing the foregoing information to the clerk.

(B) Deputy Prosecuting Attorneys. Deputy prosecuting attorneys need not file a separate appearance or a temporary appearance in the criminal proceedings to which they are assigned; however, if an appearance is filed, the deputy prosecuting attorney shall follow the provisions of Trial Rules when withdrawing representation or at the completion of temporary or limited representation.
(C)Defendant. At the time an attorney for the defendant first appears in the criminal proceeding, the defense attorney shall file an appearance form setting forth the following information:

(1) The name, address, attorney number, telephone number, electronic mail address of the attorney representing the defendant;
(2) The case number assigned to the criminal proceeding;
(3) [Deleted]
(4) Such additional matters specified by state or local rule required to maintain the information management system employed by the court.
(D)Unrepresented. In the event a defendant decides to represent himself or herself in a criminal proceeding without assistance of counsel, the defendant shall file an appearance that includes the defendant’s name, address, telephone number, and e-mail address on a form as provided in section (H).
(E)Completion and Correction of Information. In the event matters must be filed before the information required by this rule is available, the information shall be submitted to the clerk and supplemented when the absent information is acquired. Attorneys shall promptly advise the clerk of the court of any change in the information previously supplied to the court.
(F)Temporary Appearance. In the event a defense attorney, different from any specifically identified in a previously filed appearance, is temporarily representing the defendant in a proceeding before the court, through filing a pleading with the court or in any other capacity including discovery, the new attorney shall be required to provide the information set out in (C) above, and shall provide the new attorney’s temporary status, and the date the temporary appearance shall end. The court shall not be required to act on the temporary appearance unless the new temporary attorney has not appeared at the request of the defendant’s previously identified counsel.
(G) Replacement Counsel.

1. The clerk shall be responsible for updating the information in (A)(1) in any pending case for any prosecuting attorney holding elected office.

(a) When Electronic Filing Capability is Available. If electronic filing capability is available through the IEFS, prosecuting attorneys holding elected office may, with notice to the clerk, substitute their names and attorney numbers in any open case in their jurisdiction. Special and senior prosecuting attorneys who replace a prosecutor holding elected office or another special or senior prosecutor shall, with notice to the clerk and the defendant, electronically transmit the information and any missing information as set forth in subsection (A).
(b) When Electronic Filing Capability is Unavailable. If electronic filing capability is unavailable through the IEFS, prosecuting attorneys holding elected office may, with notice to the clerk, conventionally substitute their names and attorney numbers in any case in their jurisdiction. Special and senior prosecuting attorneys who replace a prosecuting attorney holding elected office or another special or senior prosecutor shall, with notice to the clerk and the defendant, conventionally cause the information and any missing information as set forth in subsection (A) to be made of record in the proceeding.
2. Defense counsel shall be responsible for updating the information set out in subsection (C):

(a) When Electronic Filing Capability is Available. Replacement defense attorneys shall, with notice to the clerk and State of Indiana, electronically transmit the information set out in subsection (C).
(b) When Electronic Filing Capability is Unavailable. Replacement defense attorneys shall, with notice to the clerk and State of Indiana, conventionally cause the information set out in subsection (C) to be made of record in the proceeding.
(H)Forms. The Indiana Office of Court Services shall prepare and publish a standard format for compliance with the provisions of this rule.

Ind. R. Crim. P. 2.1

Amended eff. 3-8-17; amended eff. 1-1-19.