Expert Interlocutory Appeals Counsel in Indiana: Your Legal Resource

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Expert Interlocutory Appeals Counsel in Indiana: Your Legal Resource

Orders make the case move toward trial; they are called interlocutory orders when they are not the final order deciding all issues in the case. However, there are some circumstances where an order of a trial court is in question, and it makes sense to have the Court of Appeals of Indiana decide this issue before the bench or jury trial occurs. This is where interlocutory appeals come into play. 

There are two types of interlocutory appeals. The first type allows a party to bring the order the trial court issued to the Court of Appeals as a matter of right. The trial might be stayed or continued while the litigant takes an interlocutory appeal. For example, if a party asks the trial court to change the venue (county) where the case will be heard to obtain an untainted jury pool, denying this request (the order denying it) may be taken to the Court of Appeals as a matter of right. There is also the right to seek a discretionary interlocutory appeal, but this type does not proceed to the Court of Appeals of Indiana unless the trial court judge allows or certifies it to proceed. 

What is an Interlocutory Appeal?

A. Matter of Right.

Interlocutory appeals that a litigant may take as a matter of right are rare, highly technical, and difficult to understand by their legalese. Nevertheless, they may be sought by the filing of a Notice of Appeal on orders the trial court enters that address any of the following:

 

  • For the payment of money.
  • To compel the execution of any documents.
  • To compel delivery of securities and similar financial documents.
  • For the sale or delivery of possession of real estate.
  • Granting or refusing to grant a preliminary injunction.
  • Appointing a receiver.
  • For a writ of habeas corpus.
  • Transferring or refusing to venue.
  • An order issued by an Administrative Agency that by statute is required to be appealed as a mandatory interlocutory appeal

 

A good example of an interlocutory appeal as a matter of right would be if a trial court orders you to pay attorney’s fees to the other side during the proceeding. This is an interlocutory appeal as a matter of right. Once the Notice of Appeal is filed, and assuming the trial court stays the action (stops it, which it does not have to), the order in question is briefed just like a regular appeal and tracks the process of any other appeal. The only difference is the litigation in the trial court is not finished, and when it is, the final order that issues too may be appealed. Alternatively, a litigant does not have to take an appeal as a matter of right but may wait until the final order is issued. 

B. Discretionary.

A more common interlocutory appeal is discretionary. It is anticipated that any erroneous ruling made by a trial court during the litigation can be corrected on appeal after the trial is over and a final order is issued. With a discretionary interlocutory appeal, the trial court must certify the interlocutory order, and the Court of Appeals has to accept the interlocutory appeal before it proceeds on appeal.

A motion requesting certification of an interlocutory order must be filed in the trial court within thirty (30) days after the interlocutory order is issued. The trial court may also certify a belated interlocutory appeal for a good cause (if you miss the deadline but have a good reason for missing it). The motion for certification must contain identification of the interlocutory order sought to be certified. In addition, this motion must have a concise statement of the issues to be addressed in the interlocutory appeal and why the interlocutory appeal should be permitted.

To certify an interlocutory appeal, the appellant has to establish one of three bases for the trial court to grant the same. The first is the appellant will suffer substantial expense, damage, or injury if the order is erroneous and the determination of the error is withheld until after judgment. Second, the order involves a substantial question of law, the early disposition of which will promote a more orderly disposition of the case. Third, the remedy by appeal is inadequate.

A good example of a discretionary interlocutory appeal is when a trial court denies a request to suppress evidence in a criminal case. If the suppression would not allow the case to go forward if granted because of suppression of the evidence, this is a suitable type of order to seek an interlocutory appeal to address, as this would avoid a trial if the Court of Appeals of Indiana reverses the trial court’s denial of the suppression.

If the trial court certifies an interlocutory order, the Court of Appeals must then accept the interlocutory appeal. When this occurs, the party files a Notice of Appeal, and the case tracks the appellate process like any other appeal. However, the Court of Appeals does not have to accept any certified discretionary interlocutory appeal. Effectively, any order issued by a trial court may form the basis for a discretionary interlocutory appeal. However, the trial court must certify the order for a discretionary interlocutory appeal, and the Court of Appeals must accept it.

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What Makes Us Unique

Experience in Interlocutory Appeals: We possess extensive experience in handling interlocutory appeals, understanding the nuances of appealing non-final orders effectively.
Strategic Approach: Our attorneys employ strategic approaches in interlocutory appeals, aiming to address critical issues that could impact the final judgment.
Timely and Effective Advocacy: We recognize the urgency of interlocutory appeals and strive to provide prompt and effective representation in appellate courts.

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