If the Indiana Supreme Court grants transfer, it will vacate the decision of the Court of Appeals. Historically, when the Supreme Court has granted transfer, it has set oral arguments in most cases. The real differences between an oral argument in the Court of Appeals versus the Supreme Court is you will have all five (5) Justices of the Supreme Court hearing the argument. These arguments will be presented by the appellate counsels and the Supreme Court Justices frequently ask questions. One of these Justices will typically author the opinion, unless there is a written dissent. This argument will be in the Indiana Supreme Courtroom versus the Indiana Court of Appeals Courtroom.
For the most part, the process of an oral argument will unfold just as it does in the Court of Appeals. Helpful information on oral arguments may be found on that part of our website as well. With the changing composition of the Indiana Supreme Court, the Court has deviated a bit from its history and has conducted some oral arguments only to conference and a few hours or days later vacate the grant of transfer as improvidently given and then reinstate the Court of Appeals “Memorandum Decision” or Published Decision”. All Indiana Supreme Court oral arguments are recorded on audio and video and are used as training aids around the state.
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