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 ...
June 12, 2018CD
Every year there is a surge in divorce filings from January to March. Why? Most couples, specifically those with children, are reluctant to break up during the closely-spaced holidays of Thanksgiving, Christmas and New Years; particularly, with the office parties and other events that are almost holiday rituals, like Black Friday shopping. After all, there is a whole year to get divorced before a reset of these holidays and hopefully start the next year with a clean slate as a single person. This blog explores seven key considerations in preparing for a “Happy-New-Year” divorce filing. The children: Perhaps the most important ...
November 15, 2017CD
In today’s digital age, a cell phone or hand-held device is basically a sophisticated hand-held computer as well as a primary means of communication. Given this, there is general uniformity in the law that to search a cell phone or computer, the police have to have probable cause and a search warrant, just like your home. This is guaranteed by state constitutions the Fourth Amendment to the United States Constitution and applies in all states,1 which is important if the state has a weak constitutional provision on search and seizure. The reason is clear, like your home, there is an expectation ...
June 8, 2017CD
When a case goes to trial, the information gathering has been completed. Discovery may have been served and answered, depositions may have been taken, research has been done, and fact finding has been completed. But, how do you utilize the best information for trial? Here are three tips to help in information gathering and using information at trial. 1) Tell your attorney the full story A trial surprise can come if a party has not shared full or accurate information with his/her attorney, and this surprise can often be a negative one. In order to prepare the best information, the attorney needs ...
January 9, 2014CD
You can save yourself money, help an attorney learn about your unique case, and make the process go faster and smoother by gathering some basic documents before you have an initial consultation with a divorce attorney. In addition, these items have a unique way of “disappearing” at the time they are needed, so it is best to gather them up and make a copy in advance. The most commonly needed documents are as follows: 3 years of tax returns. 6 pay stubs for both parties. Most recent bank statement. Most recent credit card statement. All debts, such as medical bills and student loans. Most recent mortgage statement. Most ...
April 4, 2011CD