Historically, the Indiana Supreme Court has existed since its creation by the Indiana Constitution in 1851. The Indiana Court of Appeals has played a key role in giving all citizens timely and appeals of right since the late 1800s, becoming permanent by constitutional amendment in the 1970s. The efficiency of the entire legal branch of government is important to note, as it operates on only 1% of Indiana’s budget. That said, the Indiana appellate system has remained responsive to change over time but is truly changing in a ...
Tag: indiana court of appeals
In Indiana, every litigant who does not prevail or loses a civil or criminal case in a trial court is entitled to an appeal as a matter of right. This is guaranteed by the Indiana Constitution. As a general rule, all appeals go directly to the Indiana Court of Appeals. This Court is located in Indianapolis and comprised of 15 judges who deicide cases in 3 judge panels. There are three types of legal issues that make for the best type of appeal. Questions of first impression: In the criminal ...
Six Reasons The Indiana Supreme Court Might Take Your Case We have all had a moment in time in our personal life or heard on television, someone state they are taking their case to the Supreme Court. That may or may not be a remedy available to them. Under Indiana law and the Indiana Supreme Court’s Rule of Appellate Procedure, there are six specific considerations the Indiana Supreme Court gives to every case. The general consideration is where to appeal it are direct and a matter or right. This means the case ...
Ciyou & Dixon, P.C. - Attorneys At Law, Bryan L. Ciyou and Lori B. Schmeltzer to present oral argument of B.C.H adoption before the Indiana Supreme Court, Thursday, September 25th, at 09:45am. Click here to review the Indiana Court of Appeals opinion. Click here to watch the Oral Argument before the Indiana Supreme Court.
Filings in the Indiana Court of Appeals involve a well-defined and specific structure, and are governed by strict rules1. From the first filing to the last, and all filings in between, there are specific people who must be served and a specific number of documents that must be filed. A panel of Justices for the Court of Appeals consists of three (3) justices. As such, copies of motions, briefs, etc. must be filed with a specific number of copies. It is important to include the proper number of ...
In Indiana, there is a tiered court system, which means that cases will start out on the bottom rung, and the next higher court has more authority than the last. However, this also means that your case has to start at the right court, exhaust all resources there, before it is allowed to move on to the next if you receive an adverse result. Most cases begin in the circuit or superior court (the trial court), the county your are in and the type of case you have will determine which, ...
In prior blog posts we have discussed the two types of opinions issued by the Indiana Court of Appeals, “for publication” and “not for publication.” Generally opinions issued “not for publication” or “NFP” are applicable to only the specific case at hand. Only the opinions that meet certain criteria are issued “for publication”, as follows: If the case: establishes, modifies, or clarifies a rule of law; criticizes existing law; or involves a legal or factual issue of unique interest ...
When a matter is ripe for appeal, there first must be a determination of which Court has jurisdiction. In many cases, the Court of Appeals has jurisdiction, and the briefs, appendix, and related filings will be reviewed by the Court of Appeals. This is generally true for final orders. In some cases, however, the jurisdiction goes straight to the Indiana Supreme Court. The Court of Appeals has jurisdiction over all appeals from Final Judgments of Circuit, Superior, Probate, and County Courts (if the Supreme Court does not ...
In Indiana, most all cases that flow through the court system are not confidential. In other words, your name and all your legal business are potentially publicly available1. There are some cases, or persons involved in the case, that are automatically kept confidential, and only the parties and attorneys can access the court files, such as matters that fall under the Indiana Civil Protective Order Act, Juvenile Paternity (children born out of wedlock) matters, ...
September 24, 2013 / Appellate Practice
A recent blog discussed how an appellant (person initiating an appeal) gathers documents from the lower court hearing being appealed in an appendix to provide the Court of Appeals with the relevant information litigated to give a background into the matter. Additionally, the appellant will order a transcript of the lower court hearings for review by the parties and the Court of Appeals. A transcript is a verbatim written recording of the events of the trial court. If ...