CBA Nov.-Dec. 2020

on the merits of the appeal. We have not identified evidence that these forums consider these rules ineffective or overly burdensome, and so are encouraged that a similar rule could prove successful and helpful in Illinois. Indiana requires that appellants include a jurisdictional statement in the notice of appeal. See Ind. App. R. 9(f )(3). The notice must include the basic information about the parties and the proceedings in the trial court. Ind. App. R. 9(f )(1), (2). The notice must also state: the date and title of the judgment or order appealed, the date on which any motion to cor- rect error was denied or deemed denied, and a designation of the court to which the appeal is taken. Ind. App. R. 9(f )(3) (a), (b), (d). It must establish the basis for appellate jurisdiction by “delineating whether the appeal is from a Final Judg- ment…; an interlocutory order appealed as of right…; an interlocutory order accepted for discretionary appeal…; or an expedited appeal.” Ind. App. R. 9(f )(3)(c). Support- ing documentation is required, including a copy of the judgment or order being appealed; a copy of the order denying the motion to correct error, if applicable; and a copy of the order from the court

of appeals accepting jurisdiction over the interlocutory appeal, if applicable. Ind. App. R. 9(f )(8). California requires litigants to advise the court about appellate jurisdiction using a “civil case information statement,” which includes information on timeliness and appealability. Cal. Rules of Ct., R. 8.100(g). The California Civil Information Sheet form is available at https://www. courts.ca.gov/documents/app004.pdf. The court uses these statements to address any concerns about jurisdiction before address- ing the merits of a case. See, e.g., Morton v. Wager , 156 Cal. App. 4th 963, 967 (2007) (upon receipt of the notice of appeal and civil case information statement, the court asked the parties to respond with addi- tional information regarding whether the notice of appeal was timely). In New York, appellants must file preliminary appeal statements within 10 days of filing a notice of appeal. N.Y. Ct. R. 500.09. Those statements are used to examine subject matter jurisdiction and can trigger a process by which parties are instructed to address jurisdictional concerns identified in reviewing the pre- liminary appeal statement. N.Y. Ct. R. 500.10. The appellant’s brief must also

include “a statement showing that the Court has jurisdiction to entertain the appeal and to review the questions raised, with citations to the pages of the record or appendix where such questions have been preserved for the Court’s review.” N.Y. Ct. R. 500.13(a). Like the Illinois Supreme Court Rules, the Federal Rules of Appellate Procedure do not require applicants to file jurisdic- tional statements before filing briefs, see F.R.A.P. 28(b) though a notice of appeal by permission must include “the reasons why the appeal should be allowed and is authorized by statute or rule.” F.R.A.P. 5. Consistent with the proposal made in this article, however, the Local Rules of several circuit courts of appeal do include such a requirement. See Seventh Circuit Court of Appeals Cir. R. 28, http://www.ca7. uscourts.gov/rules-procedures/rules/rules. htm#cr28. The First, Second, Fourth, and Tenth Circuits require appellants to file docketing statement forms that include questions pertinent to jurisdiction, but do not require the appellant to provide any information or cite to the record for sup- port. First Circuit Court of Appeals Local Rule 3.0; see First Circuit Court of Appeals Docketing Statement Form, https://www.

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