Filing an appeal in Indiana can be a daunting task, especially if you're unfamiliar with the legal terrain. The Indiana appellate process demands precise compliance with deadlines, formatting rules, and procedural requirements. Missing a single step can result in dismissal of your appeal, no matter how strong your case may be on the merits.
This complete guide will walk you through the essential steps of filing an appeal in Indiana, highlight the most critical deadlines, and expose common mistakes that can jeopardize your case.
The Indiana Appeals Process Demystified
Indiana's appellate courts serve as a forum to review decisions made by trial courts. The appellate process does not involve new evidence or witnesses. Instead, the appellate court examines the trial record, written briefs, and, in some cases, oral arguments to determine if legal errors occurred that warrant a reversal or modification of the decision.
Appeals in Indiana typically go to one of the following courts:
- Indiana Court of Appeals: Most civil and criminal appeals.
- Indiana Supreme Court: Select cases, including death penalty and certain constitutional issues.
- Indiana Tax Court: Appeals involving state tax matters.
Step-by-Step Guide to Filing an Appeal in Indiana
Step 1: Determine Appealable Orders
Not every decision is immediately appealable. In general, parties can appeal:
- Final judgments (a decision that resolves all issues in the case).
- Interlocutory orders (certain non-final orders that are appealable by permission or right).
Your attorney must carefully evaluate whether the order qualifies and, if so, which court has jurisdiction.
Step 2: File the Notice of Appeal
One of the most critical parts of the Indiana appellate process is filing the Notice of Appeal. This document initiates the appeal and must be filed with the Clerk of the Indiana Court of Appeals.
In most civil and criminal cases, you must file the Notice of Appeal within 30 days of the final judgment.
The Notice of Appeal must include:
- The case caption
- Trial court and cause number
- Date of the judgment
- Identification of the appealed order
- Statement of issues to be raised (optional but recommended)
Failure to file on time is one of the most common and fatal appellate mistakes.
Step 3: Request the Transcript
If the trial court proceedings included hearings or a jury trial, you'll need a transcript for the appellate court to review.
Within 7 days of filing your Notice of Appeal, you must file a Notice of Request for Transcript with the trial court and serve it on the court reporter.
The court reporter then has 45 days to complete and file the transcript. If an extension is needed, it must be formally requested.
Step 4: Prepare and File the Appellate Brief
The appellant (the party appealing) must submit a written brief that lays out the arguments and legal reasoning for overturning the lower court’s decision.
Appellant’s Brief Deadline:
- Due 30 days after the completion of the transcript.
The brief should include:
- Table of contents and authorities
- Statement of issues
- Statement of the case and facts
- Summary of argument
- Legal argument with citations
- Conclusion stating the relief sought
The appellee (opposing party) then has 30 days to respond with their own brief. The appellant may file a reply brief within 15 days after the appellee’s brief.
Briefs must comply with formatting requirements outlined in the Indiana Rules of Appellate Procedure, including word count and citation formatting. Noncompliance can result in rejection.
Step 5: Oral Arguments (Optional)
Either party may request oral argument, though it is granted at the court’s discretion. Oral arguments allow attorneys to highlight key issues and answer judges' questions. They are not a time to present new evidence but rather to clarify and persuade based on the record and briefs.
Step 6: Appellate Court Decision
After reviewing the briefs, transcript, and any oral argument, the appellate court will issue a written opinion. This can result in:
- Affirming the trial court decision
- Reversing the decision
- Remanding the case back to the trial court for further proceedings
The opinion may be designated as “for publication” (setting precedent) or “memorandum decision” (non-precedential).
If dissatisfied, a party may seek rehearing in the same court or request transfer to the Indiana Supreme Court. These requests must also comply with strict deadlines.
Critical Deadlines for Civil and Criminal Appeals
| Step | Deadline |
| Notice of Appeal (civil/criminal) | 30 days from final judgment |
| Request for Transcript | 7 days after Notice of Appeal |
| Court Reporter Transcript Due | 45 days after transcript request |
| Appellant's Brief | 30 days after transcript completion |
| Appellee's Brief | 30 days after Appellant's Brief |
| Appellant's Reply Brief | 15 days after Appellee's Brief |
Top 5 Mistakes That Derail Appellate Cases
1. Missing the Notice of Appeal Deadline
This is the most common and often fatal error. Courts have little to no discretion to accept a late Notice of Appeal.
2. Failing to Properly Request the Transcript
Not filing the transcript notice or communicating with the court reporter can delay the appeal and lead to procedural default.
3. Non-Compliant Brief Formatting
Ignoring word limits, font size, margin requirements, or citation rules can result in the court rejecting the brief.
4. Raising New Issues on Appeal
Appellate courts only consider issues preserved at the trial level. New arguments or evidence introduced on appeal are generally not allowed.
5. Neglecting the Standard of Review
Each issue on appeal is evaluated using a specific standard of review (e.g., de novo, abuse of discretion). Failing to address the applicable standard weakens your legal argument.
Why Work with an Appellate Attorney?
Appellate litigation is significantly different from trial work. Success on appeal requires strong legal writing, meticulous attention to detail, and a deep understanding of procedural rules.
At Ciyou & Associates, P.C., we have extensive experience navigating the Indiana appellate process for both civil and criminal cases. Our team can help you:
- Evaluate the strength of your appeal
- Meet all filing requirements and deadlines
- Draft persuasive briefs
- Navigate complex procedural rules
- Represent you in oral arguments
Whether you’re appealing a custody decision, criminal conviction, or civil judgment, our firm is here to guide you every step of the way.
A Second Chance Requires Precision
An appeal isn’t just a second chance—it’s a legal challenge that must be approached with precision and strategy. Knowing the rules, respecting the deadlines, and avoiding common pitfalls can make the difference between success and dismissal.
If you're considering filing an appeal in Indiana, don't go it alone. Contact Ciyou & Associates, P.C. today to schedule a consultation and protect your right to a fair review.
Let us help you pursue the justice you deserve—efficiently, effectively, and with confidence.
Appeals require strict adherence to deadlines and procedures. Missing a single step can result in dismissal of your appeal. Always consult experienced appellate counsel.
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.
