Filing a civil appeal in Indiana is not just a continuation of your trial. It’s a completely different legal proceeding governed by strict procedural rules. The Indiana Court of Appeals functions primarily as a legal review body, meaning it reviews whether the trial court made an error in interpreting or applying the law. Unfortunately, many litigants make critical mistakes during the appeals process that can jeopardize their chances of success. In this article, we examine the most common errors made in Indiana civil appeals and how you can avoid them.
Avoiding the Top Errors in Indiana Appeals
Mistake #1: Failing to Preserve Issues at Trial
Why It Matters: One of the fundamental rules in appellate law is that you can only appeal issues that were properly preserved during the trial.
What It Means: If you didn’t object at trial, or didn’t raise a specific legal issue before the trial court ruled, you typically cannot raise that issue for the first time on appeal.
How to Avoid It: Ensure your trial attorney makes timely objections and includes all necessary legal arguments on the record. A strong appellate case often begins with a well-documented trial.
Mistake #2: Missing Filing Deadlines
Why It Matters: Appellate deadlines are non-negotiable. If you miss the deadline to file a Notice of Appeal, you likely lose your right to appeal altogether.
How to Avoid It: Work with an attorney experienced in Indiana appellate procedure and track deadlines carefully. Immediate action after a final judgment is essential.
Mistake #3: Inadequate or Incorrectly Formatted Briefs
Why It Matters: The appellate brief is your main opportunity to argue your case to the court. A poorly written or improperly formatted brief can result in dismissal or loss of credibility.
Common Issues Include:
- Lack of citations to the record
- Failure to follow Indiana Rules of Appellate Procedure
- Weak or unclear legal arguments
How to Avoid It: Retain an appellate attorney familiar with formatting requirements and persuasive legal writing. Use citations and logical structure to support your arguments clearly.
Mistake #4: Misunderstanding the Standard of Review
Why It Matters: Different issues on appeal are reviewed under different standards, such as de novo, abuse of discretion, or clear error. Understanding which standard applies is critical to framing your argument.
How to Avoid It: Clearly identify the applicable standard of review in your brief and tailor your arguments accordingly. If your issue involves discretion, acknowledge the high burden of proving abuse.
More on standard of review: A Closer Look at Appellate Practice in Indiana: Key Considerations
Mistake #5: Overloading the Appeal with Too Many Issues
Why It Matters: While it may seem strategic to raise every possible error, favor quality over quantity. Raising too many issues can dilute your stronger arguments.
How to Avoid It: Focus on the most legally significant and well-supported issues. Prioritize those most likely to result in a reversal or remand.
Mistake #6: Ignoring the Importance of the Record
Why It Matters: The Court of Appeals only considers the record established in the trial court. Any facts or documents not included in that record are off-limits.
How to Avoid It: Make sure the entire relevant record, including transcripts and exhibits, is filed correctly and referenced in your brief. Cite the record accurately to support every factual claim.
Mistake #7: Treating the Appeal Like a Second Trial
Why It Matters: Appeals are not opportunities to present new evidence or retry your case. Instead, they are legal reviews of what happened in the lower court.
How to Avoid It: Frame your arguments around legal principles and trial court errors. Don’t attempt to re-litigate disputes unless they involve clear legal missteps.
How to Protect Your Right to Appeal
Understand Appellate Jurisdiction
The Indiana Court of Appeals has limited jurisdiction. Generally, it can only hear appeals from final judgments or certain interlocutory orders. Understanding what constitutes a final judgment is essential.
Hire Experienced Appellate Counsel
Appellate practice is a unique legal discipline. Lawyers who are unfamiliar with appellate rules can make procedural errors that might compromise a case. An experienced appellate attorney understands:
- The nuances of the record
- Standards of review
- Strategic issue selection
- Effective brief writing
Appellate Success Strategies
Strategy #1: Start Planning for Appeal During Trial
Successful appeals often begin well before the final judgment. If you suspect your case may be appealed, make sure trial counsel:
- Makes timely objections
- Clearly preserves legal arguments on the record
Strategy #2: Narrow Your Focus
The best appeals are those that focus on clear, compelling legal errors. Avoid reaching or over-arguing less important points. Emphasize errors that materially affected the trial’s outcome.
Strategy #3: Use the Brief to Tell a Cohesive Story
Though legal in nature, appellate briefs should also tell a persuasive story. Use narrative structure to show how the trial court’s error prejudiced your client. This makes the legal argument more accessible to judges.
Strategy #4: Prepare for Oral Argument (If Granted)
Oral arguments are not always granted in Indiana appeals, but when they are, they present a valuable opportunity. Tips for effective oral advocacy include:
- Know your record and legal authorities inside and out
- Be concise and responsive to questions
- Avoid reading from your brief
Strategy #5: Stay Objective and Professional
Appellate judges value clear reasoning over emotional rhetoric. Avoid disparaging the trial court or opposing counsel. Instead, present your case with professionalism and objectivity.
Frequently Asked Questions
Q: Can I appeal any decision made by a trial court?
A: No. Only final judgments and certain appealable interlocutory orders can be appealed. Consult an attorney to determine if your order is appealable.
Q: How long does an Indiana civil appeal take?
A: The process can take anywhere from months to over a year, depending on the complexity of the case and the court’s docket.
Q: What happens if I lose my appeal?
A: You may request a rehearing or petition the Indiana Supreme Court to review your case, but acceptance is not guaranteed.
Q: What is the difference between a brief and an appendix?
A: The brief contains your legal arguments. The appendix includes relevant documents from the trial court, such as transcripts, orders, and pleadings.
Q: Is oral argument required?
A: No. Most appeals are decided on the briefs alone. Oral argument is granted only when the court believes it will aid in decision-making.
Final Thoughts
Indiana civil appeals require precision, preparation, and a deep understanding of appellate procedure. While it may seem like a continuation of your case, appeals are a different legal arena with their own rules and expectations. Common mistakes—like missing deadlines, failing to preserve issues, or submitting weak briefs—can severely damage your case.
At Ciyou & Associates, P.C., we have extensive experience handling complex civil appeals before the Indiana Court of Appeals. Our attorneys can help you navigate the process strategically and effectively. Don't let avoidable mistakes undermine your pursuit of justice. Contact us today to schedule a consultation and protect your right to a fair appellate review.
Civil appeals are technical and require strict compliance with rules. Early consultation with appellate counsel can make a difference.
This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
