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 ...
November 7, 2018CD
Today the definition of “family” is constantly changing and has a different meaning for Millennials than Boomers and is driven by the state of our society. Grandparents are raising their grandchildren. A friend, neighbor, or coach may be raising a child that is not his or her child. Presently, many kids are in DCS’ placement with foster families. Adults, parents, and grandparents are living longer, need assistance as they get older, and may move in with their children and live together for a long time. At some point, many of these situations become a “major problem”; and those who are ...
August 20, 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
In a key case decided by the Indiana Court of Appeals, it clarified two important points about family law and college 529 accounts. These are educational accounts opened by a parent or parents for payment of college expenses for their children, with a parent as an owner and the child as a beneficiary. Normally, a petition for college expenses has to be filed before the age the child is emancipated as a matter of law at age 19.1 This was a point of contention in this new case. If not timely filed, the trial court cannot order college expenses and the ...
October 4, 2017CD
Hundreds of thousands of Hoosiers have a License to Carry Handgun, commonly known as a “permit” issued by the Indiana State Police. With application and the complexities of the law, there are many reasons an application may be denied and appealed. In many cases, a denial—properly addressed—can be remedied on appeal. This blog explores common reasons for denial and how an attorney may assist you in the process. The first is a misstatement on the Application. Law and life are complex and uncertain. A material misstatement of fact may come from failing to recollect a criminal history. The Indiana State Police, ...
February 20, 2017Adam Hayes
Several years ago, the Indiana Supreme Court decided an Indiana trial court judge could order a case to mediation before giving a trial court date without any such rule violating the right to open access to courts. This is because in the right case, an Indiana trial court judge could and can hear a case and waive any court-specific rule or local rule for the county to participate in mediation before a hearing. With this case, mediation was firmly established in Indiana. Most mediations resolve any given case based on statistics before trial. This blog explores what can be accomplished in ...
December 6, 2016Adam Hayes
Over the last several years, applications to obtain and carry a handgun have soared in Indiana. Because handguns are a class of firearms more readily concealable, the requirements to obtain a License are stricter than the right to purchase. This blog addresses five key points to address denial of a license to carry handgun in Indiana. The first is to over-disclose on the application and obtain any information about an old criminal act to properly disclose, as required, to avoid denial for making a false statement. Obtaining such documents in certified format may allow them to be provided with the application ...
November 8, 2016Adam Hayes
Good lawyers never stop learning. Some valuable insights into trial practice and how to be a better advocate from your client can be learned in the heat of the moment—trial. In this blog post, it covers three valuable tips Ciyou & Dixon, P.C. attorneys have learned over the last several months of trial. We hope they help you better understand inside courtroom, which is vastly different than what is depicted on television courtroom shows. The first relates to objections. A large number of potential objections are unnecessary because the evidence in question will be admissible in a number of other ways. ...
September 29, 2016Adam Hayes
Indiana’s appellate court’s are adapting with the times and requirements for open access to courts as guaranteed by the Indiana Constitution. Appeals to the Indiana Court of Appeals, Indiana’s primary intermediate court are made uniform to expedite the appellate process and ensure uniformity in review on-line and in paper format by the Clerk issuing a “Notice of Defect” for briefs that other filings that do not closely follow the Appellate rules. In this blog post, common defects are discussed and what they mean in terms of the appeal and corrective action. As a threshold matter, the Indiana Court of Appeals exists ...
February 10, 2016Adam Hayes