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The Two Key Reasons Why to Appeal a Case

While very few cases of the tens of thousands of cases carefully decided by Indiana trial court judges are appealed to the Indiana Court of Appeals or Indiana Supreme Court each year, a litigant with an adverse civil judgment or criminal conviction should carefully weigh the options of appealing. This is because a judgment after the time for appeal (typically 30 days) stands and there are very few legal reasons to bring a challenge at a later date.

In criminal cases, first, the failure to appeal to highest discretionary court (meaning the court does not have to accept the case) limits subsequent rights that might set aside a wrongful conviction. What this means is a party cannot sit idly by with a wrongful conviction and wait until later to complain about it. He or she must engage the legal system and exhaust remedies.

Second, in civil cases, with the exception of child custody matters, a final decision cannot be later attacked because the party wants a second chance and has buyer’s remorse at the decision not to appeal. Very few cases get set aside after the fact if a party did not avail himself to appeal. In most cases, these are because a party was defrauded of the ability to have a fair trial or appeal because of information intentionally withheld from the other side. These are very difficult to do.

Thus, a party who receives and adverse judgment should carefully discuss an appeal with his or her trial counsel or appellate counsel (sometimes trial attorneys do not do appeals) and decide if an appeal is justified under the facts and circumstances now and for the future.

This blog post was written by attorneys at Ciyou & Dixon, P.C. who handle appeals from all final orders of Indiana trial courts to the Indiana Court of Appeals, Indiana Supreme Court, Seventh Circuit, and United States Supreme Court. We hope this blog post makes you a more educated legal consumer and member of the citizenry. If so it has met its objective. This blog is not a solicitation for legal services or legal advice. It is an advertisement.

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Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

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Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.