Every year, Indiana trial courts issue hundreds of thousands of orders or render decisions in criminal bench trials or have verdicts in criminal or the small percentage of civil jury trials. Most all order are interlocutory in nature and normally not appealable orders.1 However, with final orders—an order that decides all issues—or jury verdicts there is the right to appeal in the first case in most situations to the Indiana Court of Appeals. This blog explores four orders that constitute final appealable orders in civil cases that are not interlocutory orders or decisions rendered by a jury. The first order, which ...
July 17, 2018CD
In most cases, a trial ends with a judge or jury verdict for a party. In a small number of cases, the losing party wants to stop the judgment from being executed for a variety of reasons or change the order before an appeal. There are four different ways this may be accomplished, although all are relatively rare. The first, which is more focused on correcting the error in an order to avoid or limit an appeal, is a Motion to Correct Error. As a general rule, these are not required in cases and an appeal can directly proceed. However, often ...
May 12, 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 litigation without a jury, and domestic law specifically, trials can go on for hours, even days. Sometimes, several days of hearings are heard over the course of multiple weeks. In some cases, several days of hearings can be set over the course of several weeks or even months. Even if a trial is only one day or for an hour or two, a party can request special findings in the matter. Special Findings of Fact, Conclusions of Law, and Judgment and are governed by Trial Rule 52 in Indiana1. Special Findings essentially summarize the case, laying the background of the ...
September 11, 2014CD
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
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 ...
May 24, 2011CD