As a general rule, the final order of Indiana trial courts has the right to appeal. Most are taken to the Indiana Court of Appeals. A few appeals proceed directly to the Indiana Supreme Court. In this blog post, three types of matters that cannot normally be taken up on appeal are discussed as this creates significant confusion for some litigants.
The first are interlocutory orders. During the trial process a judge may make dozens or hundreds of orders to move the trial along. Normally, these are not appealable because they are interlocutory (or not final) in nature. However, a trial ... Read More
Tag: interlocutory
05
Jul2016
29
May2012
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 ... Read More
24
May2012
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 ... Read More
26
Jan2012
Anyone who has watched a courtroom drama, live or a replayed actual trial, or been involved in a civil or criminal matter, probably has some general sense that trial court judges make many rulings or orders. A simple directive (local rule) for a litigant to attend a parenting class during a divorce is an order of a court. Rulings made during trial on admission or exclusion of evidence are also orders.
For the most part, rulings on such legal issues and matters are not final in nature, meaning they do not end the case. With a divorce, a divorce decree is ... Read More
08
Sep2011
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 ... Read More
24
May2011
If you are considering an Indiana criminal or civil appeal, there are 10 things your appellate lawyer needs to know or be provided by you to evaluate, perfect and promulgate the appeal:
The date of the final order to be appealed (or interlocutory order), including the date it was signed, file stamped and entered onto the Chronological Case Summary.
A copy of the Order and Chronological Case Summary (general judgment or special findings).
Sentencing order or abstract of judgment in criminal cases.
Motion(s) or pleading(s) underlying the matter on appeal.
A time line of the facts underlying the issue on appeal.
Any theory you have or ... Read More