How do I file a public records request in Indiana?
1. Statute. Indiana Access to Public Records Act (APRA), Ind. Code § 5-14-3. Strong presumption of disclosure.
2. Who Can Request. Any person—no residency requirement (§ 5-14-3-3(a)).
3. Form of Request. Oral, written, or by phone, fax, email. Must identify records with reasonable particularity (§ 5-14-3-3(a)(1)).
4. Agency Response Deadline. 24 hours for in-person or phone requests; 7 calendar days for written, mailed, faxed, or emailed requests (§ 5-14-3-9). The response is to acknowledge and provide records or set a reasonable production timeline; failure is a deemed denial.
5. Fees. Greater of actual cost or $0.10 per page for black-and-white letter/legal (§ 5-14-3-8). Color and oversized at actual cost. No search fees for routine requests. Specialty requests requiring programming can include reasonable copying fee.
6. Exemptions. § 5-14-3-4: confidential by federal law, criminal investigation records, juvenile records, personnel files (limited), social services records, attorney work product, intra-agency advisory/deliberative material, trade secrets, real estate appraisals, examination materials.
7. Redaction. Agency must redact exempt portions and produce the remainder (§ 5-14-3-6).
8. Denial & Appeal. Written denial citing the specific statutory exemption required (§ 5-14-3-9(c)). Requester may file an informal complaint with the Public Access Counselor (PAC) within 30 days (§ 5-14-5-7); PAC issues advisory opinion within 30 days.
9. Court Action. Civil action in circuit or superior court (§ 5-14-3-9(e)). De novo review; expedited.
10. Penalties. Court may award attorney fees and costs to prevailing requester (§ 5-14-3-9(i)), but must consider whether the agency had a reasonable basis. Bad-faith violations may be considered official misconduct.
This is legal information, not legal advice.
- PAC advisory opinion sides with agency and you want to file in court
- Records involve police investigatory files or juvenile matters
- You want to recover attorney fees under § 5-14-3-9(i)
- Ind. Code § 5-14-3 (Access to Public Records Act)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.