And What Happens If You Miss the Deadline? In most criminal and civil cases, there are many court orders issued. These are “interlocutory” (temporary) orders to move a case to a final order and are not normally appealed. There are provisions to appeal certain “interlocutory” orders1 as a matter of right (during trial court proceeding) and by the discretion of the trial court (an order trial court must certify the interlocutory order for appeal and the Court of Appeals has to then accept the appeal). This blog addresses and identifies what constitutes a final order and what happens if you “blow” ...
Tag: appeal my case
February 22, 2018CD
In Indiana, there are two higher courts a party may seek an appeal from any final trial court order. There is an appeal as a matter of legal right to the Indiana Court of Appeals. A party dissatisfied with a decision of the Indiana Court of Appeals may seek discretionary transfer to the Indiana Supreme Court. This blog covers the five most common types of appeals taken to the Indiana Court of Appeals from final orders in domestic cases (i.e., paternity, divorce, and modification). The first two types of cases may stem from property division or custody determination (which includes child ...
January 10, 2017Adam Hayes
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 ...
November 3, 2016Adam Hayes
In most cases, a trial ends with a judge or jury verdict for a party. In a small number of cases, the losing party wants to stop the judgment from being executed for a variety of reasons or change the order before an appeal. There are four different ways this may be accomplished, although all are relatively rare. The first, which is more focused on correcting the error in an order to avoid or limit an appeal, is a Motion to Correct Error. As a general rule, these are not required in cases and an appeal can directly proceed. However, often ...
May 12, 2016Adam Hayes
As a general rule, every litigant from an Indiana trial court has the right to appeal a decision to the Indiana Court of Appeals (in a few exceptions, the appeal may proceed directly to the Indiana Supreme Court). This Court decides its cases in a timely fashion and handles thousands of appeals each year, along with related matters. Some cases are stronger for appeal than are others and this blog post explores the better cases for appeal. The weakest case is worth noting at the outset, which are disputes about facts. The Court of Appeals heavily relies on the trial court ...
May 11, 2016Adam Hayes
The Indiana Court of Appeals stand open to all litigants to bring appeals of most all final orders (and some interlocutory orders) from Indiana’s trial courts. This is a now a constitutional right (in the late 1800s this Court was created to assist the Indiana Supreme Court with an overflow of cases and later became a permanent court). While all such cases may be appealed, a general disagreement with the impartial decision of fact by a judge and/or jury isn’t necessarily a great appeal, and may have a “lack of appeal” in the sense of reversal. The are many issues that ...
February 16, 2016Adam Hayes
In Indiana, there are four key steps to take in appealing a decision of an Indiana judge or jury verdict. The first is to determine if there is a final order. In most civil trials, the appealable order is the final order disposing of all of the issues. In criminal cases, this is the date of the sentencing. The rules set forth by the Indiana Court of Appeals and Supreme Court are strict and require a certain action to be taken within thirty days of a final appealable order. Missing a date can preclude an appeal. The second step is to ...
November 18, 2015Adam Hayes
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an appeal. Appeals may be taken to the Indiana Court of Appeals or Indiana Supreme Court.1 This blog explores the three major types of appeals. The first two are taken to the Indiana Court of Appeals. This is Indiana's intermediate (middle) court ...
March 31, 2015Adam Hayes