All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate consult with a new counsel, there are several things you need to gather to make the most of your time with ...
Tag: final judgment
June 12, 2018CD
Every day, trial courts issue tens of thousands of orders. Most of these orders are “interlocutory” in nature and are made to help the case progress. It is only when an order disposes of all of the issues that it is a final order. There is generally an automatic right to appeal Indiana Court of Appeals. Appealing a final order is the topic of this blog post. Failure to appeal a “final” order will result in dismissal of the appeal. For instance, in a criminal case, a conviction is not a final order until the sentencing occurs. Thus, an appeal filed ...
October 12, 2017CD
As a general rule, every litigant from an Indiana trial court has the right to appeal a decision to the Indiana Court of Appeals (in a few exceptions, the appeal may proceed directly to the Indiana Supreme Court). This Court decides its cases in a timely fashion and handles thousands of appeals each year, along with related matters. Some cases are stronger for appeal than are others and this blog post explores the better cases for appeal. The weakest case is worth noting at the outset, which are disputes about facts. The Court of Appeals heavily relies on the trial court ...
May 11, 2016Adam Hayes
Domestic partners, married couples, or really any family members can potentially be the victims of domestic violence. Sometimes this is a pattern, but sometimes it is a one-time event in the emotionally charged event leading unraveling of the relationship. In some cases, tensions are high, remain high, and domestic violence can be a very real, on-going concern for a party, friends, family, and lawyers. However, there are a number of protections and safeguards in place to prevent a potentially tragic escalation of a domestic matter. Under a uniform act in Indiana law, after a hearing and proving the risk, the person ...
May 29, 2012CD
The process of perfecting an appeal, as discussed in previous blog posts, is often a complex one, with numerous rules and time limitations.1 The general trigger to file an appeal is that the order being appealed is a final order.2 There are, however, exceptions to this final order rule. An interlocutory order is an order of the court that is not final, often occurring during the pendency of the litigation. For example, during the pendency of a divorce case, if the Court ordered the sale of the marital residence, this would constitute an interlocutory order. The final order would be the ...
May 24, 2012CD
Ciyou & Dixon, P.C. has a significant practice area addressing civil and criminal appeals taken to the Indiana Court of Appeals and sought to be transferred to the Indiana Supreme Court. Typically, these cases come by referral from other attorneys or because a litigant wants to change counsel for a fresh appellate perspective. We find that in meeting with most appellate clients, there are a number of checklist items that a client may bring to keep costs down (i.e., to keep the lawyer from spending time collecting something the client may easily obtain) and make for meaningful appellate consults and representation. They ...
September 8, 2011CD