Appellate Overview
When a court issues a ruling that feels wrong, you have the right to fight back. Whether you are dealing with a civil judgment that went against you, a criminal conviction, a family law decision, or any other final order, the Indiana Court of Appeals exists precisely for this purpose. Ciyou & Associates, P.C. has researched, written, and argued more than 175 appeals across civil, criminal, and domestic matters, making appellate advocacy one of the firm's deepest areas of expertise.
The appellate process is not simply a second chance at trial. It is a distinct legal discipline that requires a different set of skills, including precision writing, command of the appellate rules, and the ability to frame legal arguments that persuade a three-judge panel without the benefit of live testimony or a courtroom presentation. The firm's attorneys have argued appeals before the Indiana Court of Appeals, the Indiana Supreme Court, and the Seventh Circuit Court of Appeals, and they are admitted to the bar of the United States Supreme Court.
Time is the most critical factor in any appeal. In most cases, a proper Notice of Appeal must be filed within thirty days of the final order, and missing that window forfeits your right entirely. The appellate process then moves through a defined sequence of transcripts, exhibits, and briefs, each with strict deadlines. The firm works closely with appellate clients from the beginning to identify every appealable issue and clarify the right procedural path and build the strongest possible record for the Court of Appeals.
Not every case has viable grounds to appeal, and Ciyou & Associates provides candid appellate case evaluations so you understand where you stand before committing to the process. For those with meritorious grounds, the firm brings the same precision and strategic depth to every brief, whether the matter involves a civil judgment, a criminal conviction, a child custody ruling, or any other final court order.
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What Makes Us Unique
Ciyou & Associates, P.C. is not a general practice firm that handles the occasional appeal. Appellate advocacy is a core pillar of what this firm does, having researched, written, and filed more than 175 appeals spanning family law, civil matters, and criminal law. That depth of experience is rare, and it matters when the stakes of getting your brief right are this high.
Appeals require a different kind of lawyer. Where trial attorneys work through witness testimony and courtroom strategy, appellate attorneys make your case in writing, crafting a brief that must tell your story compellingly and show exactly where the trial court went wrong under Indiana law. Mr. Ciyou has orally argued cases before the Indiana Court of Appeals, the Indiana Supreme Court, and the Seventh Circuit Court of Appeals. The firm's attorneys are also admitted to the bar of the United States Supreme Court and have sought certiorari in the nation's highest court.
This breadth of experience gives the Ciyou & Associates team an eye for issues that less experienced appellate counsel might miss entirely. Mr. Ciyou's appellate work has literally clarified and changed Indiana law, as demonstrated in Fuchs v. Martin and Coohon v. Cohoon. That is not the resume of a firm that dabbles in appeals. It is the resume of a firm that has built its reputation on them.
No matter what type of case you are looking to appeal, the firm approaches every matter with the same commitment to precision, creativity, and strategic thinking. Your brief will not read like a form document. It will tell your specific story, make your strongest argument, and give you confidence that every possible avenue for relief has been pursued.
Appellate Practice Areas
- Petition for Rehearing
- Petition to Transfer
- Brief in Response to Petition to Petition to TransferTransfer
- Reply Brief to a Brief in Response to a Petition to TransferTransfer
- Appellate Process
- Civil Appeals
- Child Custody Appeals
- Criminal Appeals
- Divorce Appeals
- Interlocutory Appeals
- Appellate Case Evaluation
- Final Appealable Orders
- Emergency Stays
- Original Actions
What Our Clients Say About Us
Appellate Practice FAQ's
There is no set cost for an appeal. There are less than 4,000 appeals filed a year, which is a small number compared to a million plus cases filed in Indiana trial courts. The cost depends on the number of issues, novelty of the issues, and a variety of other factors. A typical appeal may range/average between $10,000 to $50,000.
A trial lawyer spends his or her days inside a courtroom trying cases through witness testimony and cross-examination of witnesses for the opposing side, along with the offering and objection to exhibits. An appellate lawyer does not work inside the courtroom but instead makes your arguments to three (3) judges assigned to your case in the Court of Appeals of Indiana. An appellate brief is basically a written book that tells your story and why the trial court erred in its ruling.
In domestic cases, a trial court may order a party to pay appellate fees. However, the vast majority of appeals are paid for by the appellate or appellee. Appeals are tedious, time-consuming for appellate attorneys, and correspondingly, expensive.
Trial lawyers work in the courts in Indiana’s ninety-two counties. Appellate attorneys work from their office and make your case in writing for why the trial court’s decision is erroneous and should be reversed. The two (2) roles are as different as day is from night.
Becoming a skilled appellate attorney comes with experience in briefing appeals. Ultimately, defining what is a ‘good’ appellate attorney is very subjective; that said, a hallmark of a good appellate attorney is found in your review of your brief—it should vividly tell your story and why the trial court erred and should be reversed under Indiana law.
The appellate process begins with filing a Notice of Appeal. From there the transcript and exhibits are prepared and briefs written by the appellant and appellee. When all briefing is completed, the Clerk of the Court of Appeals of Indiana transmits the briefs to the three judges who will review the briefs and decide the case and issue a written decision. These three judges are called the “writing panel”.
Appeals based on pure question of fact, like who the trial court believed, are difficult to win because the fact finder saw their verbal and non-verbal communication and decided who was more believable. The Court of Appeals simply cannot do this with a paper record. However, mixed questions of fact and law are reviewed under a different standard of review and easier to prevail on appeal. With questions of law or constitutional challenges, the trial court is afforded no deference and the cases are reviewed by the appellate judges de novo.
The Court of Appeals is the intermediate appellate court that reviews most appeals—few proceed to the Indiana Supreme Court. Their job is to ensure that, overall, the parties obtained a fair and just trial by a neutral factfinder.
In every case where a final order is issued as to all matters, there is the right to appeal to the Indiana Court of Appeals. The aggrieved (or losing party) must file a Notice of Appeal within thirty (30) days or the appeal is forfeited.
Yes. There are two primary ways the Court of Appeals decision can be appealed. The first is to ask this Court of Appeals to rehear the case. The second way to appeal is to seek transfer to the Indiana Supreme Court. A party has thirty days to seek rehearing and forty-five days to seek transfer to the Indiana Supreme Court if rehearing was not sought.
A trial court decides the case issues between the parties. The appellate court reviews the trial court’s decision to make sure it accurately applied the law to the facts. If the trial court did not, the Court of Appeals will reverse unless it is a harmless error.
A ruling can only be appealed one time. The entire point of the legal system is to resolve disputes once and for all so the parties can move on with their lives or business. However, if an issue is reversed and remanded to the trial court, that later ruling in the trial court may be appealed in certain cases.
To properly perfect an appeal, a timely notice must be filed. The Notice of Appeal must be filed within thirty (30) days, or the appeal is forfeited.
The criminal and civil appeals process generally take around six (6) months to get a decision. With extensions, which may be necessary with a long trial, this time can be significantly longer.
No. Appellate counsel is limited to appealing the issues raised at trial. Raising new issues on appeal raises the possibility of procedural and/or substantive bad faith and appellate counsel will thus not present new issues on appeal.
All appeals in Indiana are perfected the same way. Assuming your parenting time case is final as to all issues, you must file a Notice of Appeal in the Indiana Court of Appeals. This Notice of Appeal must be filed within thirty (30) days or the right to appeal is forfeited, and the trial court’s order stands.
An effective appellate brief is one in which the appellant reads and knows their story is told; and with their story, it is clear how the trial court reached an erroneous ruling.
During trials, judges make many rulings. A few may be appealed as interlocutory appeals, but these are very rare. Most appeals are filed when the trial court issues its order as to all issues pending before the court.
Under the controlling United States Supreme Court, ineffective assistance of counsel requires a showing that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different (i.e., in other words, there would not have been a conviction).
Criminal and civil appeals probably average about six months. However, with a serious conviction and/or a lengthy jury trial, the appeal may have several extensions and take much longer to get a decision from the Court of Appeals.
As with all appeals, there is only one appeal. However, assuming the convicted sought transfer to the highest court in the state, the Indiana Supreme Court, there are other remedies available to criminal defendants that could result in appeal, such as post-conviction relief. Criminal defendants have more rights to challenge their conviction that a civil litigant does because criminal conviction results in loss of freedom and stripping of core constitutional rights, such as the right to vote.
A Court of Appeals decision is binding if rehearing or transfer is not sought. Once the time passes for rehearing and transfer, the Clerk of the Court of Appeals of Indiana or Indiana Supreme court will certify back to the trial court the appellate decision and the trial court resumes jurisdiction.
Appellate Blogs
Deadlines to Appeal an Indiana Family Law Case: Don’t Miss Your Chance
You fought through a difficult divorce. You argued over custody. You sat through hearings and
What Is the Standard of Review in Indiana Family Law Appeals?
When a family law case in Indiana does not go the way a party expected,
Can I Appeal a Custody Decision in Indiana? Deadlines, Costs, and Process
Receiving an unfavorable custody decision can feel devastating. When a court order does not reflect
How to Strengthen Your Family Law Appeal in Indiana
Losing a family law case at the trial level does not have to be the
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- 320 N. Meridian St., Suite 600, Indianapolis, IN 46204