Indiana Petition to Transfer
"Can I take my case to the Indiana Supreme Court?"
However, this does not mean your case, the Reader, is not one the Indiana Supreme Court may exercise its discretion and take. Ciyou & Dixon, P.C. attorneys have prepared Petitions to Transfer in several cases for the Indiana Supreme Court.
The central and critical point to understand is that the Indiana Supreme Court is not necessarily geared toward correcting any actual or perceived error made by a lower court. Instead, it considers exercising its discretion and accepting a case, reflected in a “Memorandum” or “For Publication” Decision, if it meets one the following principal requirements:
- Conflicts with other decisions of the Court of Appeals.
- Conflicts with the Indiana Supreme Court’s own decisions.
- Conflicts with a Federal appellate court’s decision.
- Raises an undecided question of law.
- Reflects a legal principal that needs to be reconsidered in light of current times.
- Signifies an important departure from the current state of the law or law practice.
Operationally, the way the Court of Appeals decision is requested to be decided by the Indiana Supreme Court is by the filing of a Petition to Transfer. This is essentially a brief, or booklet, explaining the litigants position, or why, the Indiana Supreme Court should grant transfer.
The Petition for Transfer must be filed within 30 days of the time the Court of Appeals issued its Decision or denied rehearing. All Petitions to Transfer (as with cases in the Court of Appeals) are governed by strict rules.
As with appeals in the Indiana Court of Appeals, there is the right for the other party to file a Brief in Response. Equally, the litigant who seeks transfer has the last say and can file a Reply Brief. If the Indiana Supreme Court grants transfer, the Decision of the Indiana Court of Appeals is vacated until it decides the case.
Upon transfer, the Indiana Supreme Court receives the briefing below and evidentiary record from the trial court. It may order other briefing or set an oral argument.
Ciyou & Dixon, P.C., has drafted and filed numerous Petitions to Transfer, have had them granted, and orally argued before the Indiana Supreme Court. Every case, even a simple child support matter, may be the kind of case the Indiana Supreme Court may take if it presents a broader implication for our State. Perhaps Ciyou & Dixon, P.C., may be the skilled legal team you select to handle your appeal, including any Petition to Transfer.