Many people are somewhat familiar with the process that lawsuits – whether civil or criminal – go through from the time they are filed to their conclusion. Maybe you’ve learned this in a civics class, you’ve actually been a part of a civil or criminal proceeding (whether as a witness or a party), you’ve gone through a divorce, or you’ve served on a jury. What you may be less familiar with is an administrative proceeding. Administrative proceedings can take a number of different forms, so it can be helpful to identify several agencies in Indiana with whom you may be ...
Tag: Appellate Practice
April 3, 2019CD
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because it addresses and unravels complex problems that often took a long time in the making. However, the Indiana Supreme Court is actively shortening the process for trial court filings and appeals by moving to electronic filing as of July 1, 2016 ...
July 28, 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
The appellate process can often seem elusive and might be considered by some to be “behind closed doors” because often, the appellate parties rarely appear before the Court of Appeals, and receive only a written opinion following their written briefs submitted to the higher appellate courts. The appeals court process in different from the trial court process in several ways. The deadlines are different (and strict), the decision makers are different, and even the means of arguing is different. In appellate cases, a party wishing to appeal has only thirty (30) days to appeal a final order (there are generally different ...
April 23, 2013CD
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