Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.

1. IN THE INDIANA COURT OF APPEALS
CAUSE NO. ________________________
ERIC J. HOLCOMB, GOVERNOR OF THE ) Appeal from the
STATE OF INDIANA, ) Marion Superior Court 12
)
Appellant, Plaintiff below, )
) Trial Court
vs. ) Case No. 49D12-2104-PL-014068
)
RODRIC BRAY, in his official capacity as the )
President Pro Tempore of the Indiana State Senate, ) The Honorable Patrick Dietrick,
and chairman of the Indiana Legislative Council, ) Judge
TODD HUSTON, in his official capacity as the )
Speaker of the Indiana State House of )
Representatives, and vice-chairman of the Indiana )
Legislative Council, THE LEGISLATIVE )
COUNCIL, as established by Indiana Code )
§ 2-5-1.1-1, and THE INDIANA GENERAL )
ASSEMBLY, )
)
Appellees, Defendants below. )
AFFIDAVIT OF APPELLANT’S RULE 34(F) MATERIALS
I, A. Richard M. Blaiklock, on behalf of Appellant Governor Eric J. Holcomb, pursuant to
Rule 34(F), hereby submit this Affidavit of Appellant’s Rule 34(F) Materials. In doing so, I affirm
the truth of the following statements:
1. I am an adult of sound mind, competent to testify as to the matters contained in this
Affidavit.
2. All facts asserted in this Affidavit are within my personal knowledge.
3. I am one of the attorneys at Lewis Wagner LLP representing Appellant, and
Plaintiff below, Governor Eric J. Holcomb.
4. Attached to Appellant’s Verified Motion for Transfer Pursuant to Ind. Appellate
Rule 56(A) are true and accurate copies of the following documents, filed in the Marion County
Superior Court, Cause No. 49D12-2104-PL-014068:

2. a. Plaintiff’s Complaint for Declaratory Judgment and Injunctive Relief (filed
4-27-21).
b. Plaintiff’s Motion for Summary Judgment and supporting Brief (filed 8-6-
21)(without exhibits).
c. Defendants’ Motion for Summary Judgment and supporting Memorandum
(filed 8-6-21)(without exhibits).
d. Plaintiff’s Response in Opposition to Defendants’ Motion for Summary
Judgment (filed 8-23-21)(without exhibits).
e. Defendants’ Response in Opposition to Plaintiff’s Motion for Summary
Judgment (filed 8-23-21)(without exhibits).
f. Entry and Orders on the Parties’ Cross Motions for Summary Judgment
(entered on 10-7-21).
g. Selected state constitutional provisions related to legislative special sessions
(filed as Exhibit 5 to Plaintiff’s Response to State’s Motion for Summary
Judgment on 8-23-21).
h. Selected pages from the 1967 Indiana General Assembly Biennial Report
(filed as Exhibit A to Plaintiff’s Counter Designation of Evidence in
Response to State’s Motion for Summary Judgment on 8-23-21)
i. Schedule from proposed 1967 Amendment to the Article 4, Section 9 of the
Indiana Constitution (filed as Exhibit B to Plaintiff’s Counter Designation
of Evidence in Response to State’s Motion for Summary Judgment on 8-
23-21).
I AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE FOREGOING
REPRESENTATIONS ARE TRUE AND ACCURATE
/s/ A. Richard M. Blaiklock
A. RICHARD M. BLAIKLOCK

3. Respectfully submitted,
LEWIS WAGNER, LLP
/s/ A. Richard M. Blaiklock
A. Richard M. Blaiklock, #20031-49
John C. Trimble, # 1791-49
Aaron D. Grant, #25594-49
Michael D. Heavilon, #35251-18
1411 Roosevelt Avenue, Suite 102
Indianapolis, IN 46201
Office (317) 237-0500
Attorneys for Appellant
CERTIFICATE OF FILING AND SERVICE
I hereby certify that on this 22nd day of October, 2021, the foregoing was filed with the
Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court.
I also certify that on this 22nd day of October, 2021, the foregoing was served by United
States First Class Mail, postage prepaid, and by electronic mail, upon:
Thomas M. Fisher
Patricia Orloff Erdmann
Jefferson S. Garn
Kian Hudson
OFFICE OF THE INDIANA ATTORNEY GENERAL
302 West Washington Street
Indianapolis, IN 46204-2770
/s/A. Richard M. Blaiklock