Indiana’s appellate court’s are adapting with the times and requirements for open access to courts as guaranteed by the Indiana Constitution. Appeals to the Indiana Court of Appeals, Indiana’s primary intermediate court are made uniform to expedite the appellate process and ensure uniformity in review on-line and in paper format by the Clerk issuing a “Notice of Defect” for briefs that other filings that do not closely follow the Appellate rules. In this blog post, common defects are discussed and what they mean in terms of the appeal and corrective action. As a threshold matter, the Indiana Court of Appeals exists ...
February 10, 2016Adam Hayes
Almost every final decision of an Indiana trial court can be appealed to the Indiana Court of appeals by perfecting the appeal and “briefing” the matter. Appellate attorneys often spend considerable time drafting or “framing” the issues so they bring attention to the question of law and fact at hand. The Court of Appeals central role is not to re-weigh (or second guess a trial court’s decision) on how it viewed facts. Instead, it looks at how the trial court applied the facts to the law. Thus, a good appellate issue should be combination of both. First, an appellate issue should ...
January 26, 2016Adam Hayes
In child custody ligation, where one parent is seeking primary physical or legal custody over the parent, the “why” the trial court ruled as it did is often important to the parties to help better understand and accept the decision. This rationale is set out in cases with special findings. This is also considered by Indiana’s appellate courts on appeal, if either party requested the trial court to make special findings. The concept is pretty straight forward. A general judgment allows a trial court to judge the credibility of the witnesses and documentary evidence by all of the verbal and non-verbal ...
December 16, 2015Adam Hayes
In Indiana, there are four key steps to take in appealing a decision of an Indiana judge or jury verdict. The first is to determine if there is a final order. In most civil trials, the appealable order is the final order disposing of all of the issues. In criminal cases, this is the date of the sentencing. The rules set forth by the Indiana Court of Appeals and Supreme Court are strict and require a certain action to be taken within thirty days of a final appealable order. Missing a date can preclude an appeal. The second step is to ...
November 18, 2015Adam Hayes
Historically, the Indiana Supreme Court has existed since its creation by the Indiana Constitution in 1851. The Indiana Court of Appeals has played a key role in giving all citizens timely and appeals of right since the late 1800s, becoming permanent by constitutional amendment in the 1970s. The efficiency of the entire legal branch of government is important to note, as it operates on only 1% of Indiana’s budget. That said, the Indiana appellate system has remained responsive to change over time but is truly changing in a fundamental way this year. At the beginning of the year, the font and ...
July 14, 2015Adam Hayes
In Indiana, every litigant who does not prevail or loses a civil or criminal case in a trial court is entitled to an appeal as a matter of right. This is guaranteed by the Indiana Constitution. As a general rule, all appeals go directly to the Indiana Court of Appeals. This Court is located in Indianapolis and comprised of 15 judges who deicide cases in 3 judge panels. There are three types of legal issues that make for the best type of appeal. Questions of first impression: In the criminal or civil realm, fact situations come before courts that have not been ...
June 10, 2015Adam Hayes
Six Reasons The Indiana Supreme Court Might Take Your Case We have all had a moment in time in our personal life or heard on television, someone state they are taking their case to the Supreme Court. That may or may not be a remedy available to them. Under Indiana law and the Indiana Supreme Court’s Rule of Appellate Procedure, there are six specific considerations the Indiana Supreme Court gives to every case. The general consideration is where to appeal it are direct and a matter or right. This means the case does not go to the Indiana Court of Appeals first ...
March 24, 2015Adam Hayes
Ciyou & Dixon, P.C. - Attorneys At Law, Bryan L. Ciyou and Lori B. Schmeltzer to present oral argument of B.C.H adoption before the Indiana Supreme Court, Thursday, September 25th, at 09:45am. Click here to review the Indiana Court of Appeals opinion. Click here to watch the Oral Argument before the Indiana Supreme Court.
September 25, 2014CD
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 filings, because it may change depending on what is being filed. A brief ...
August 7, 2014CD
In Indiana, there is a tiered court system, which means that cases will start out on the bottom rung, and the next higher court has more authority than the last. However, this also means that your case has to start at the right court, exhaust all resources there, before it is allowed to move on to the next if you receive an adverse result. Most cases begin in the circuit or superior court (the trial court), the county your are in and the type of case you have will determine which, but both are generally in the same county courthouse building. ...
May 20, 2014CD