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33-25-3-7. Opinion and judgment; certification to lower court

IN Code § 33-25-3-7 (2019) (N/A)
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Sec. 7. (a) In every case reversed by a division of the court of appeals:

(1) an opinion shall be given on the material questions in the case in writing; and

(2) the appropriate judgment shall be entered, with directions to the lower court.

(b) In all cases, the opinion and judgment shall be certified to the lower court thirty (30) days after the date allowed by law for the filing 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 a rehearing is granted, the judgment of the division of the court of appeals is vacated. If a rehearing is denied, the opinion and judgment shall, thirty (30) days after the date of the ruling, be certified to the lower court, unless the case is transferred or appealed to the supreme court.

(c) If the losing party files a waiver of the party's right to file a petition for a rehearing, the opinion shall be immediately certified to the lower court.

[Pre-2004 Recodification Citation: 33-3-2-15.]

As added by P.L.98-2004, SEC.4.

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