Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought often is to appeal. Sometimes this is possible and sometimes it is not. Further, there are a number of different reasons to appeal. When and why you should appeal a loss in custody litigation is the focus of this blog ...
Tag: appellate lawyers
July 7, 2020CD
While most people have some general understanding of the process that occurs in a trial, appeals are far different and the entire process is not generally reflected on television or by the general experience of the public. In this blog, the four cornerstones of an appeal are identified and addressed. The more you understand about any the process, the better able you will be to aid your attorneys in helping you make the best appeal to the Indiana Court of Appeals.1 The first and most important part of an appeal—and what allows the appeal itself—is “the record”. The record is generally ...
April 4, 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
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 ...
February 5, 2013CD
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 ...
May 24, 2011CD