In civil litigation, the trial and any appeals are one-and-done. This means that except for extraordinary circumstances, such as later trying to re-open the case,1 a civil case later brought on the same issues or matter cannot be re-litigated under legal doctrines known as res judicata and/or collateral estoppel.2 This blog post addresses child custody and related matters, such as support, that can always be re-litigated and why an appeal of an unfavorable judgment may be still vital.
As noted, ... Read More
22
Jun2017
20
Mar2017
Indiana is fortunate to have an intermediate court, the Indiana Court of Appeals, where final judgments from Indiana’s trial courts may be taken as a matter of right for most of the tens of thousands of cases decided each year. This blog post focuses on the ways this Court may decide and rule on an appeal.
In the broadest terms, there are two primary “options” the Court of Appeals may rule, labeled: “Affirmed” or “Reversed”. Affirming a trial court order agrees ... Read More
29
Jun2016
Starting July 1, 2016, the Supreme Court, Court of Appeals and the courts of Hamilton County are switching to a mandatory e-filing system. There are several changes to the rules as they relate to filing a new case or filing within an open case. For example, the Supreme Court and Court of Appeals will no longer require colored covers for briefs. Attorneys may sign filings via electronic signature. Also, beginning on July 1, 2016, Appellate motions will be made available to the public online. However, Notice of Appeals are not ... Read More
28
Apr2016
In Indiana, when a trial court issues its order (a final order), it is possible that the consequences are or perceived to be so detrimental that the litigant wishes to stay (stop) the order from being enforced during an appeal. This is not automatic. This blog post explores the two avenues to obtain a stay of a final judgment.
Where the case is primarily one that boils down to money, the litigant (who did not prevail at trial), may, in accordance with trial rules ... Read More
23
Dec2014
Generally, in civil and criminal cases, you can appeal a final order of the court within thirty (30) days by filing a notice of appeal with the court of appeals, and filing proper service upon certain persons. The Notice of Appeal starts the appellate process.
In criminal cases, you can appeal generally two (2) things, the conviction itself, or the sentence, or both. There are many nuances of criminal law and procedure that would lend itself to an argument to appeal either or both a ... Read More
25
Nov2014
In Indiana, all crimes are statutory. Indiana’s criminal statutes are codified in Title 35 of the Indiana Code, titled “Criminal Law and procedure.” Conduct by a person, however reprehensible, is not a crime, and punishable, unless the Indiana Legislature has exercised its authority to define it as a crime.
Because crimes are punishable by a loss of constitutionally protected freedom (i.e. jail and probation), a person must have notice that his or her behavior is criminal. Crimes must be written and published for the general ... Read More
11
Sep2014
In litigation without a jury, and domestic law specifically, trials can go on for hours, even days. Sometimes, several days of hearings are heard over the course of multiple weeks. In some cases, several days of hearings can be set over the course of several weeks or even months.
Even if a trial is only one day or for an hour or two, a party can request special findings in the matter. Special Findings of Fact, Conclusions of Law, and Judgment and are governed by Trial ... Read More
07
Aug2014
Filings in the Indiana Court of Appeals involve a well-defined and specific structure, and are governed by strict rules1. From the first filing to the last, and all filings in between, there are specific people who must be served and a specific number of documents that must be filed.
A panel of Justices for the Court of Appeals consists of three (3) justices. As such, copies of motions, briefs, etc. must be filed with a specific number of copies. It is important to include the proper number of ... Read More
22
Oct2013
While not exclusive to family law and divorce matters, protective orders may be companion cases to family law, when one party feels threatened by the other. However, there are specific standards for why a protective order may be issued. Additionally, there is a public policy argument in support of protective orders, as they may prevent domestic violence or other harm between persons.
Protective Orders fall under the purview of the Indiana Civil Protection Order Act (ICPOA)1. The ICPOA ... Read More
10
Sep2013
When an order or judgment is taken up on appeal, there are several deadlines to be noted. For example, when the notice of appeal must be filed, when the transcript is due, and when the briefs are due. But what happens after the briefs are done and the Court of Appeals issues its Opinion?
If the Court of Appeals affirms the trial court, this means that the findings being appealed ... Read More