In Indiana, unlike some other states, there are two higher courts, the Indiana Court of Appeals and the Supreme Court. Generally, litigants have an appeal as a matter of right from any losing (in whole or part) final order issued from an Indiana trial court. Appeals are made in written format and have very precise rules and requirements because of the vast amount of time and resources an appeal takes. Whether considering an appeal or retaining counsel, this blog sets forth mistakes that can dilute your appellate brief, cause dismissal, or even sanctions. The key takeaway is appeals need the ... Read More
Tag: timeline
05
Jul2018
12
Jun2018
All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate consult with a new counsel, there are several things you need to gather to make the most of your time with ... Read More
16
May2017
Civil appeals are guided by very rigid appellate rules. Generally, missing an appellate deadline precludes a civil appeal. The only remedy is a malpractice action against counsel who failed to advise his or her of the appellate deadline or missed this deadline.
This is unlike criminal appeals, where belated appeals may be allowed due to the potential loss of life and liberty by incarceration. This blog explores a very narrow remedy that the Indiana Court of Appeals and Supreme Court have embraced where the facts of a civil are such that the case should be decided on the merits.1
Most attorneys confuse ... Read More
30
Dec2015
There is an old adage which states that “justice delayed is justice denied.” Over the years, the Indiana’s primary appellate court, the Indiana Court of Appeals (and the Indiana General Assembly), has been taking measures to speed up the appellate process. For instance, by appellate rule, appeals involving child-related matters, extensions of time are granted for filing briefs only in extraordinary circumstances.
Two recent developments promise to expedite appeals a great deal more and ensure that if error is made by a trial court (the few in Indiana hear and decided tens of thousands of cases each year), it is rapidly ... Read More