The Rules of Appellate Procedure are intended to be very specific, time-sensitive, and speedy for justice and make the Indiana Court of Appeals one of the most efficient in the Country. The average appeal follows certain precise Appellate Rules that typically do not fluctuate in terms of when you are required to initiate your appeal – thirty (30) days after a “final” order is issued by the trial court. No rules are perfect. This blog covers for unique situations or anomalies that are not always apparent in the final-rule order and impact when you can appeal; you must know and ...
Tag: appellate counsel
November 7, 2018CD
The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision? You are not happy with the result. Maybe you feel the property division was unfair, or maybe you did not get joint custody. Whether you disagree with one provision or several, you have a right to appeal your divorce decree to the Indiana Court of Appeals. When ...
August 29, 2018CD
All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate consult with a new counsel, there are several things you need to gather to make the most of your time with ...
June 12, 2018CD
At some level, law is unique because it is a model based largely on conflict and dispute and the concept of fault. Most every person or business entity takes issue with being at fault. In the ideal world (which few of us ever experience because life is a messy, non-linear process), the legal system’s foundational laws prevent conflict by an ever-developing body of law responsive to society. Where this is not the case, litigation in a trial court may ensue. Short of an agreement upon which it terminates, a party will more or less win or lose in typical cases. In ...
November 15, 2011CD
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