In Indiana, unlike some other states, there are two higher courts, the Indiana Court of Appeals and the Supreme Court. Generally, litigants have an appeal as a matter of right from any losing (in whole or part) final order issued from an Indiana trial court. Appeals are made in written format and have very precise rules and requirements because of the vast amount of time and resources an appeal takes. Whether considering an appeal or retaining counsel, this blog sets forth mistakes that can dilute your appellate brief, cause dismissal, or even sanctions. The key takeaway is appeals need the ...
July 5, 2018CD
In Indiana, there are two higher courts a party may seek an appeal from any final trial court order. There is an appeal as a matter of legal right to the Indiana Court of Appeals. A party dissatisfied with a decision of the Indiana Court of Appeals may seek discretionary transfer to the Indiana Supreme Court. This blog covers the five most common types of appeals taken to the Indiana Court of Appeals from final orders in domestic cases (i.e., paternity, divorce, and modification). The first two types of cases may stem from property division or custody determination (which includes child ...
January 10, 2017Adam Hayes
As a general rule, there is a strong presumption in American law that a judge or jury properly weighed the evidence and decided a case. A fair amount of attention has been focused in the recent media on actions within court rooms that may have swayed a verdict. One is an attorney who appeared to yawn1 at a closing argument as if to dismiss it. Generally, the first line of attack is to have counsel determine if this is harmless error—meaning it did not matter. If this is not the case, it may be that due process of law was not ...
February 11, 2016Adam Hayes
For mostly technological reasons, major life events from global meetings to face-time chats with friends across the land occur in more or less real time. The new mass of information is digital and not paper. The old days of putting the paper mortgage documents and financial statements in a single place—forever—are long gone. So are the days of digital information being kept in one place—except for the most vigilant. This means that with any litigation, from a protective order to divorce, a swipe of a screen or click of a mouse may reflect some significant event that is relevant to litigation. ...
August 12, 2015Adam Hayes
Under the Indiana Constitution, every litigant is entitled to one appeal as a matter of right. As a general rule, these are taken to the Indiana Court of Appeals, fifteen judges located in Indianapolis, Indiana. Three decide each case. Appeals are presented to the court from final orders (or certain temporary or interlocutory orders) in a written booklet form. There are several standard sections set forth in the Indiana Rules of Appellate Procedure. An important section is the “Statement of the Facts.” Many appellate briefs are not consistent with the rules and the facts are argumentative. The facts must be objective and ...
June 25, 2015Adam Hayes