The Rules of Appellate Procedure are intended to be very specific, time-sensitive, and speedy for justice and make the Indiana Court of Appeals one of the most efficient in the Country. The average appeal follows certain precise Appellate Rules that typically do not fluctuate in terms of when you are required to initiate your appeal – thirty (30) days after a “final” order is issued by the trial court. No rules are perfect. This blog covers for unique situations or anomalies that are not always apparent in the final-rule order and impact when you can appeal; you must know and ...
Tag: right to appeal
November 7, 2018CD
The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision? You are not happy with the result. Maybe you feel the property division was unfair, or maybe you did not get joint custody. Whether you disagree with one provision or several, you have a right to appeal your divorce decree to the Indiana Court of Appeals. When ...
August 29, 2018CD
Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal to proceed. However, there are three rather common situations we observe where a party wishes to appeal but cannot because of where the case stands when we review it for appeal. These three mistakes are the focus of this blog. ...
May 31, 2018CD
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal. This blog post identifies and explains common mistakes. Procrastination or lack of awareness of timelines. The decision to appeal or not to appeal is a vexing one for many reasons; you or your trial counsel may understand. All sorts of things ...
October 27, 2017CD
Under Appellate Rule 9, a party generally has the right to appeal a final judgment to the Indiana Court of Appeals. This order is the one that decides the case. However, an appeal has some very key limitations that are easy to misunderstand and miss when deciding to appeal. This blog post covers three important such issues that generally cannot be waived on appeal. First, if key evidence is not introduced at trial (for whatever reason) it cannot be in some way supplemental for the appeal. The appeal is limited to the testimony and exhibits admitted at trial. In criminal cases, ...
December 14, 2016Adam Hayes
lSince criminal cases involve the potential loss of freedom, there are trial and appellate provisions for a criminal case to be brought by a filing belated Notice of Appeal. In civil cases, Appellate Rule 9(A), it clearly states that “[u]nless the Notice of appeals is timely filed, the right to appeal shall be forfeited.” Historically, attorneys and Indiana courts have treated this rule stemming from the 1970s as jurisdictional. This means that without a timely filing, the appellate courts could not entertain the appeal because they lacked the jurisdiction to do so. In a new appellate case,1 furthering the reasoning of ...
August 4, 2016Adam Hayes