Any party who loses a civil trial (bench or jury) has the right to appeal. Trials and appeals are expensive and laden with emotion. That said, we often receive inquiries from “appellees” when they find out the losing party is taking an appeal.1 These calls all focus on what really happens if they do not file an appellee’s brief. Clearly, the winner in the trial court does not have to file an Appellee’s Brief. This blog explores the reasons a potential appellee should strongly consider filing an Appellee’s Brief. There are two key reasons you should consider retaining appellate counsel to ...
Tag: appellate attorney
May 15, 2020CD
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog covers what you need to know about attorney fee awards in divorce and paternity cases. Perhaps the most common ...
December 18, 2019CD
The short answer is, it depends. In Indiana, there are two primary ways to obtain appellate attorney fees in a divorce matter. The first is found in Indiana Code section 31-15-10-1.1 The second is found under Indiana Rule of Appellate Procedure 66(E). Your basis for seeking attorney’s fees will determine which statute/rule to proceed under. In this blog, we provide a brief overview of the two mechanisms for obtaining appellate attorney’s fees in a divorce case, and when to use one over the other. Indiana Code 31-15-10-1 provides that a trial court may order a party to pay a reasonable amount ...
December 6, 2019CD
“Paraphernalia” is a strange word, but one that most of us have heard at some point in our lives. But what exactly does it mean? And what are the legal consequences involved if it is criminal contraband? The term paraphernalia is used in many contexts and has varying legal consequences depending on circumstances, such as, whether you are in possession of paraphernalia or whether you manufacture paraphernalia. In the (penal) drug world, possession of paraphernalia in defined as possession of “an instrument, a device, or another object that the person intends to use for” (1) introducing drugs into one’s body; ...
November 6, 2018CD
For the most part, all appeals in Indiana are taken to the Indiana Court of Appeals. It is quite common for trial counsel to suggest or direct a different attorney handle any appeal. In addition, a significant number of attorneys and law firms do not handle appeals. At Ciyou & Dixon, P.C. we find clients are sometimes unsure about how to help us–or the attorney they may select–with advancing their appeal. Almost universally, there are ten items, a checklist of sorts, you as a prospective client may have or can gather to make any appellate consult or new representation more meaningful. Each ...
October 27, 2011CD
Ciyou & Dixon, P.C. has a significant practice area addressing civil and criminal appeals taken to the Indiana Court of Appeals and sought to be transferred to the Indiana Supreme Court. Typically, these cases come by referral from other attorneys or because a litigant wants to change counsel for a fresh appellate perspective. We find that in meeting with most appellate clients, there are a number of checklist items that a client may bring to keep costs down (i.e., to keep the lawyer from spending time collecting something the client may easily obtain) and make for meaningful appellate consults and representation. They ...
September 8, 2011CD