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 ... Read More
Tag: things you need to know about Indiana appeals
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Aug2016
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May2016
There are many legal considerations in taking an appeal from a trial court’s final order to the Indiana Court of Appeals. In this blog post, three of the most basic considerations for appeal are considered to illustrate the obvious—but not often thought of—components of an appeal.
The first is the time to prepare an appeal. On appeal to the Indiana Court of Appeals, this Court considers the written word for word account of the witness testimony. In addition, it considers exhibits.
This requires the proceeding to be typed out - witness by witness. Thus, it takes about three months for this to ... Read More