Appeals can be sought when a Court has issued its final order and/or when a decision has been certified for interlocutory appeal. The nuances of when an appeal can be filed and what types of orders can be appealed have been explored in previous blog posts.
Once an appeal is filed and the process has concluded, there may still be a pending issue-namely, appellate costs. These are separate from attorney fees. To recover attorney fees, a party must show that the appeal was frivolous or brought in bad fait1. However, the burden and process to recover costs is a different one ... Read More
Tag: appellate lawyer
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Feb2013
24
May2011
If you are considering an Indiana criminal or civil appeal, there are 10 things your appellate lawyer needs to know or be provided by you to evaluate, perfect and promulgate the appeal:
The date of the final order to be appealed (or interlocutory order), including the date it was signed, file stamped and entered onto the Chronological Case Summary.
A copy of the Order and Chronological Case Summary (general judgment or special findings).
Sentencing order or abstract of judgment in criminal cases.
Motion(s) or pleading(s) underlying the matter on appeal.
A time line of the facts underlying the issue on appeal.
Any theory you have or ... Read More