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.
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 ...
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, ...
In prior blog posts we have discussed the two types of opinions issued by the Indiana Court of Appeals, “for publication” and “not for publication.” Generally opinions issued “not for publication” or “NFP” are applicable to only the specific case at hand. Only the opinions that meet certain criteria are issued “for publication”, as follows: If the case: establishes, modifies, or clarifies a rule of law; criticizes existing law; or involves a legal or factual issue of unique interest ...
When a matter is ripe for appeal, there first must be a determination of which Court has jurisdiction. In many cases, the Court of Appeals has jurisdiction, and the briefs, appendix, and related filings will be reviewed by the Court of Appeals. This is generally true for final orders. In some cases, however, the jurisdiction goes straight to the Indiana Supreme Court. The Court of Appeals has jurisdiction over all appeals from Final Judgments of Circuit, Superior, Probate, and County Courts (if the Supreme Court does not ...
In Indiana, most all cases that flow through the court system are not confidential. In other words, your name and all your legal business are potentially publicly available1. There are some cases, or persons involved in the case, that are automatically kept confidential, and only the parties and attorneys can access the court files, such as matters that fall under the Indiana Civil Protective Order Act, Juvenile Paternity (children born out of wedlock) matters, ...
September 24, 2013 / Appellate Practice
A recent blog discussed how an appellant (person initiating an appeal) gathers documents from the lower court hearing being appealed in an appendix to provide the Court of Appeals with the relevant information litigated to give a background into the matter. Additionally, the appellant will order a transcript of the lower court hearings for review by the parties and the Court of Appeals. A transcript is a verbatim written recording of the events of the trial court. If ...
Previous blog posts have explored several subparts and nuances of the amended statute on emancipation for purposes of child support1, passed in July, 2012. However, a recent amendment and additional terms have been added to the statute, retroactive to July 1, 2012, which clarify when college expenses can be petitioned for. Recently, the Indiana Court of Appeals addressed a case involving a dismissal of a father’s petition for postsecondary educational expenses for ...
March 19, 2013 / Grandparents Visitation
Traditionally, Grandparents had no special common law right to visitation with their grandchildren. However, in the past few decades, many states have enacted legislation which allows grandparents to seek a court order for visitation with their grandchildren. The Indiana legislature enacted Indiana Code § 31-17-5 allowing for grandparents to seek visitation, in certain limited circumstances, including if one of ...
Sometimes, a civil or criminal case may seem like litigation is taking longer than expected. There are often motions to continue to reschedule (called Motions to Continue) on the part of each party, joint motions by both parties, and sometimes even by the trial court because of a conflict or another case must be heard first or takes longer than expected. A date set for a final hearing in a ...