If you have reviewed our web pages covering Criminal Appeals and Child Custody appeals, you probably have a good working understanding that every final order issued by an Indiana trial court in any of Indiana’s 92 counties has the right to be appeal to the Indiana Court of Appeals. Further, if you do not prevail in the Court of Appeals in Indiana, you can seek transfer to the Indiana Supreme Court.
For the most part in civil appeals, the process is exactly the same found in domestic cases and criminal cases. You must first determine if you have a final appealable order that addresses all issues. From that point, you need to retain appellate counsel and timely file a Notice of Appeal, within thirty (30) days. The biggest difference between criminal and general civil appeals is the time for the process. Because of the interest involved in protecting children and not delaying trials, the Court of Appeals of Indiana gives expedited consideration to interlocutory appeals (because they are likely holding up a trial) and appeals involving issues of child custody, child support, visitation, adoption, paternity, determination that a child is in need of services, termination of parent rights, as well as to appeals entitled to priority by other rule or Indiana statute.
Nevertheless, a number of appeals that are not within these categories may need expedited. For this reason, the Court of Appeals will entertain a motion made by any party to expedite any appeal. That does not mean, however, the Court of Appeals will issue an order expediting the case. You have to make “good cause” argument to have a high probability of obtaining an order expediting the appeal. Specifically, appeals that involve the constitutionality of any law, the public revenue, public health, or are otherwise of general public concern or for other good cause, may be expedited by the Court of Appeals of Indiana based on a motion making such a showing. In the last several years, new appellate rules have already shortened the appellate process, such as court reporters now only have forty-five (45) days to prepare the transcript upon receiving a Notice of Appeal, down from ninety (90) days before. In practice, an expedited appeal normally means the litigants are not granted extensions for preparation of their briefs. Nevertheless, for good cause shown, the Court of Appeals can shorten any of the timelines to get the record prepared and even shorten the briefing timelines. This is rare, but it demonstrates the Court of Appeals is flexible and ready, willing and able to meet any need it is presented with.
Common interlocutory and final orders, in the civil area, the Firm has handled on appeal include, but are not limited to, the following:
So, once you have your final judgment, perhaps we would be a good fit as your appellate counsel on appeal. Make sure you obtain appellate counsel and timely file your Notice of Appeal. This page and other pages on our appellate site should assist you in selecting and retaining competent appellate counsel, if it makes sense to appeal your case.
Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years