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Common Mistakes in Indiana Appeals and How to Avoid Them

Index

Introduction: Why Appeals Are Different-and Difficult
What Is an Appeal? Understanding the Basics
Understanding Appealability: What Can and Cannot Be Appealed
The Fatal Trap of Missed Deadlines
Preserving Issues for Appeal: The Importance of the Trial Record
Consequences of Common Mistakes
Overloading Your Appeal: Why Less Is More
Raising New Issues on Appeal: A Common Misconception
Formatting and Procedural Compliance: Details Matter
Understanding and Articulating the Standard of Review
Step-by-Step Guide to the Indiana Appellate Process
Criminal vs. Civil Appeals: Key Differences
The Role of the Appellate Brief: Crafting a Compelling Narrative
Working with Experienced Appellate Counsel
Checklist: Avoiding Mistakes in Indiana Appeals
Timeline: Critical Deadlines for Appeals
Expanded FAQ Section
Connect with Ciyou & Associates, P.C.
Disclaimer
Citations

Introduction: Why Appeals Are Different-and Difficult

Appeals in Indiana are not simply a “second chance” at trial. They are a focused review of whether the trial court made a legal mistake that affected the outcome of your case. The Indiana Court of Appeals reverses only a small percentage of cases each year, which means strict compliance with rules and deadlines is essential. Whether you’re in Indianapolis, Carmel, Fishers, or anywhere in Indiana, understanding and avoiding common Indiana appeals mistakes is crucial to protecting your rights.

What Is an Appeal? Understanding the Basics

An appeal is a request for a higher court to review a trial court’s legal decisions-not to re-examine facts or hear new evidence. Common grounds for appealing a court order in Indiana include:

Misapplication of law (such as incorrect jury instructions)
Procedural errors that affected the outcome
Improper admission or exclusion of evidence

The appellate process is highly technical and relies on written briefs and the trial record, not new testimony or exhibits. For more, see Steps to File an Appeal in Indiana.

Understanding Appealability: What Can and Cannot Be Appealed

Final vs. Interlocutory Orders

Not every trial court decision can be appealed immediately. Generally, only final judgments-those resolving all claims for all parties-are appealable as of right. Interlocutory orders (rulings made during the course of a case) are only appealable under specific circumstances and often require special permission from the court.

Final Orders: End the case at the trial level and are appealable under Indiana Rule of Appellate Procedure 2(H).
Interlocutory Orders: Partial rulings (like temporary custody) that require certification under Rule 14(B).

Key Takeaway: Always confirm whether your order is appealable before proceeding. Consulting an appellate attorney is highly recommended to avoid dismissal due to lack of jurisdiction.

The Fatal Trap of Missed Deadlines

Missing a filing deadline is one of the most common and fatal mistakes in Indiana appeals. The appellate process is governed by strict timelines, and courts have little discretion to excuse late filings.

Step	Deadline	Rule
Notice of Appeal	30 days post-judgment	App. R. 9(A)
Transcript Request	30 days post-notice	App. R. 9(C)
Appellant’s Brief	30 days post-transcript filed	App. R. 45(A)

Checklist for Timely Filing:

Set calendar alerts for all deadlines.
Confirm receipt of transcripts with the court reporter.
File motions for extensions before deadlines expire.

For more on deadlines and procedures, see Filing an Appeal in Indiana: Deadlines, Procedures, and Mistakes.

Preserving Issues for Appeal: The Importance of the Trial Record

The appellate court will only review issues that were properly raised and preserved in the trial court. This means you or your attorney must have objected to errors at the right time and in the right way. If you fail to do so, you may “waive” your right to have the appellate court review those issues.

How to Build a Strong Record:

Object to errors immediately during trial.
Ensure all exhibits are entered into evidence.
Request written rulings on key motions.

Common Waived Issues:

Failure to object to improper jury instructions.
Omitted exhibits.

For more, see Building a Trial Record for Appeal.

Consequences of Common Mistakes

Mistake	Criminal Appeals Consequences	Civil Appeals Consequences
Missed deadlines	Dismissal of appeal; forfeited right to challenge conviction; may lose chance at post-conviction relief	Dismissal of appeal; sanctions; loss of opportunity to challenge judgment; financial penalties
Incomplete or incorrect record	Appellate court cannot review claims of evidentiary or procedural error; issues deemed waived	Inability to challenge evidence or rulings; arguments deemed waived; limited review
Non-compliant briefs	Briefs may be rejected; case may be dismissed; possible sanctions	Briefs may be rejected; case may be dismissed; possible sanctions
Overloading issues	Weakens credibility; key arguments may be overlooked; frustrates judges	Dilutes strength of main arguments; judicial frustration; loss of focus on meritorious claims
Raising new issues on appeal	New arguments not considered; appeal may be dismissed or issues waived	New arguments not considered; appeal may be dismissed or issues waived

Bottom Line: Even a single procedural misstep can mean the end of your appeal, regardless of the merits of your case.

Overloading Your Appeal: Why Less Is More

A common mistake is to include every conceivable argument in your brief, hoping one will succeed. This approach often backfires. Appellate judges appreciate focused, well-reasoned arguments supported by clear legal authority.

Checklist for Streamlining Your Appeal:

Identify the two or three strongest legal errors that directly affected the outcome.
Avoid minor or technical arguments that distract from your main points.
Organize your brief logically, with clear headings and concise arguments.

Raising New Issues on Appeal: A Common Misconception

Appellate courts will not consider new arguments or evidence that were not presented to the trial court. This is known as the “waiver rule.” The only exceptions are for rare, fundamental errors that affect the fairness of the proceeding.

Checklist:

Review the trial record to ensure all issues you wish to raise were properly preserved.
Do not attempt to introduce new facts or evidence on appeal.
Consult with appellate counsel if you are unsure about what can be raised.

For more, see Anatomy of an Appellate Brief.

Formatting and Procedural Compliance: Details Matter

Indiana appellate courts have detailed requirements for the formatting of briefs, including word limits, font size, margins, and required sections. Non-compliance can result in rejection or delay.

Brief Requirements:

14,000-word limit (App. R. 43).
1-inch margins, 14pt font.
Include all required sections (Statement of the Issues, Table of Authorities, etc.).

Common Pitfalls:

Overlength briefs.
Missing tables of authorities.
Incorrect citation format.

For more, see Indiana Rules of Appellate Procedure.

Understanding and Articulating the Standard of Review

Each issue on appeal is reviewed under a specific standard (e.g., de novo, abuse of discretion, clear error). Failing to identify and apply the correct standard weakens your argument and can result in summary dismissal.

Issue	Standard of Review
Legal errors	De novo
Factual findings	Clear error
Discretionary rulings	Abuse of discretion
Constitutional claims	Plain error (criminal); de novo (civil)

Key Tip: Explicitly state the standard in your brief and explain how it applies to your issue.

Step-by-Step Guide to the Indiana Appellate Process

Step	Description	Key Tips
Determine Appealability	Is the order final? If not, does it qualify for interlocutory appeal?	Consult an attorney if unsure.
File Notice of Appeal	Must be filed within 30 days of the final order; use prescribed form; include required attachments	Mark your calendar immediately; confirm with clerk
Request the Transcript	File request within 30 days of notice; confirm with court reporter	Follow up persistently; delays can impact your timeline
Prepare the Appellate Record	Ensure all necessary documents, exhibits, and transcripts are included; supplement if needed	Use Indiana Appellate Rule 31 if something is missing
Draft and File Briefs	Appellant’s brief due 30 days after transcript; appellee’s brief due 30 days later	Follow all formatting and content rules; focus on strongest issues
Oral Argument (if granted)	Prepare a concise, focused presentation on key issues	Not all cases have oral argument; request if it will clarify complex points
Decision and Further Review	Court issues written opinion; may seek rehearing or transfer to Indiana Supreme Court	Both are discretionary and rarely granted; deadlines apply

For a more detailed process, see Indiana Appeals Process: What Every Litigant Needs to Know.

Criminal vs. Civil Appeals: Key Differences

Factor	Criminal Appeals	Civil Appeals
Standard of Review	De novo for legal errors; abuse of discretion for sentencing; plain error for constitutional claims	De novo for legal errors; clear error for factual findings; abuse of discretion for discretionary rulings
Common Mistakes	Failure to preserve constitutional objections; missing deadlines for post-conviction relief; inadequate briefing on sentencing	Misapplying interlocutory appeal rules; failing to preserve jury instruction issues; incomplete record
Consequences	Incarceration; criminal record implications; loss of liberty or rights	Financial liability; loss of property or custody; inability to challenge adverse rulings
Unique Procedures	May involve post-conviction relief, plea withdrawal, or direct appeal from sentencing	May involve mediation, settlement, or interlocutory appeals; different standards for family law
Appellate Rights	Certain rights are constitutionally protected (e.g., right to counsel on direct appeal)	Rights are statutory or rule-based; self-representation more common but less successful

For more, see Criminal vs. Civil Appeals Guide and Civil Appeal Strategies.

The Role of the Appellate Brief: Crafting a Compelling Narrative

The appellate brief is your primary tool for persuading the court. Unlike trial court, where live testimony and evidence are central, appeals are decided almost entirely on the written briefs.

Elements of a Strong Brief:

Clear issue statements and standards of review.
Persuasive legal arguments with citations to Indiana law.
Logical structure with headings and subheadings for scannability.
Accurate and concise statement of facts and procedural history.

Proofread for clarity, grammar, and compliance.

Working with Experienced Appellate Counsel

Appellate law is a specialized field. Even experienced trial attorneys can make mistakes if they are not familiar with appellate rules and strategy. An appellate attorney can:

Evaluate the strength of your appeal.
Ensure all procedural requirements are met.
Draft persuasive, compliant briefs.
Navigate complex appellate rules.
Represent you in oral arguments.

For more, see Why Work with an Appellate Attorney?.

Checklist: Avoiding Mistakes in Indiana Appeals

Task	Why It Matters
Confirm your order is appealable	Prevents dismissal for lack of jurisdiction
Calendar all deadlines immediately	Avoids fatal missed deadlines
File Notice of Appeal on time and in correct format	Preserves your right to appeal
Request transcripts and confirm with court reporter	Ensures the record is complete and timely
Ensure appellate record is complete and accurate	Prevents waiver of arguments and incomplete review
Identify and focus on strongest legal issues	Increases chances of success; avoids dilution of arguments
Clearly state and apply correct standard of review	Strengthens your legal argument
Draft brief in compliance with rules	Prevents rejection or sanctions
Proofread and double-check all filings	Avoids technical errors and omissions
Seek guidance from experienced appellate attorney	Maximizes success and minimizes risk

Timeline: Critical Deadlines for Appeals

Step	Civil Appeals Deadline	Criminal Appeals Deadline
Notice of Appeal	30 days from final judgment	30 days from final judgment
Transcript Request	30 days from Notice of Appeal	30 days from Notice of Appeal
Appellant’s Brief	30 days after transcript filed	30 days after transcript filed
Appellee’s Brief	30 days after appellant’s brief	30 days after appellant’s brief
Reply Brief	15 days after appellee’s brief	15 days after appellee’s brief
Oral Argument Request	15 days after briefing closes	15 days after briefing closes
Petition for Rehearing	30 days after decision	30 days after decision
Petition to Transfer	30 days after rehearing decision	30 days after rehearing decision

Expanded FAQ Section

Q: How long do I have to file an appeal in Indiana?
A: Generally, 30 days from the final order. Missing this deadline almost always results in dismissal.

Q: Can I introduce new evidence on appeal?
A: No. Appeals are limited to the trial record. New evidence generally cannot be introduced.

Q: What if I miss a deadline?
A: Your appeal may be dismissed. Contact an attorney immediately.

Q: What is a “standard of review”?
A: The legal lens through which the appellate court examines each issue (e.g., de novo for legal issues, abuse of discretion for factual findings).

Q: Can I appeal a denial of a motion to correct error?
A: Yes, but you must do so within 30 days of the denial.

Q: What happens if the appellee misses their brief deadline?
A: The appellant may move for dismissal or seek default judgment.

Q: Are oral arguments mandatory?
A: No. Most appeals are decided on the briefs, but oral argument can be requested and is granted in a minority of cases.

Q: How long does an appeal take?
A: Most appeals take 6–18 months, depending on complexity and court backlog.

Q: Can I represent myself on appeal?
A: Yes, but self-represented appellants are far less likely to succeed.

Q: What if I lose in the Court of Appeals?
A: You may petition for rehearing or seek transfer to the Indiana Supreme Court, but both are discretionary and rarely granted.

Q: Where can I find more resources on Indiana appeals

Connect with Ciyou & Associates, P.C.

If you are considering an appeal or want to ensure your appellate rights are protected, the experienced team at Ciyou & Associates, P.C. is ready to help. We serve clients throughout Indianapolis, Carmel, Zionsville, Noblesville, Fishers, Westfield, Geist, Greenwood, Greenfield, Brownsburg, Avon, and all of Indiana.

Disclaimer

This blog post is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. The appellate process is complex and fact-specific. For advice regarding your particular situation, consult with a qualified Indiana appellate attorney.

Citations

Appellate Practice, Civil Appeal, Indiana Court of Appeals

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