Index
- Introduction: Why Indiana Appellate Deadlines Matter
- Overview of the Indiana Appellate System
- What Orders Can Be Appealed?
- The Critical First Step: Notice of Appeal Indiana
- The Appellate Record: Transcripts and Clerk’s Record
- Briefing Schedule: Appellant, Appellee, and Reply Briefs
- Oral Argument: When and How It Happens
- Post-Decision Motions and Further Review
- Special Deadlines: Interlocutory Appeals, Rehearing, and Supreme Court Transfer
- Common Mistakes and How to Avoid Them
- Timeline Summary Table
- Resources for Litigants
- Next Steps: Protecting Your Appellate Rights in Indiana
- Frequently Asked Questions
- Disclaimer
- Ready for Experienced Guidance?
- Citations
Introduction: Why Indiana Appellate Deadlines Matter
Missing an appellate deadline in Indiana can mean losing your right to appeal-no matter how strong your case. Whether you’re a litigant, attorney, or someone seeking an Indianapolis appellate attorney, understanding Indiana appellate deadlines is critical. The Indiana Court of Appeals and Indiana Supreme Court require strict compliance with all appellate procedure Indiana rules, especially for the Notice of Appeal Indiana timeline.
Ciyou & Associates, P.C. serves clients in Indianapolis, Carmel, Zionsville, Fishers, and throughout Indiana, providing guidance on all Indiana appeal timelines and appellate procedure Indiana requirements.
Overview of the Indiana Appellate System
Indiana’s appellate courts serve as the final check on trial court decisions, ensuring the law is applied consistently and justly. The system consists of:
- Indiana Court of Appeals: Handles most appeals from trial courts, including civil, criminal, and family law cases.
- Indiana Supreme Court: Reviews selected cases, typically those involving significant legal questions, constitutional issues, or matters of public importance.
- Indiana Tax Court: Specializes in appeals involving state tax disputes.
Each court operates under the Indiana Rules of Appellate Procedure, which set forth the strict deadlines and procedural requirements that govern every appeal. For more on the appeals process, see our Indiana Appeals Practice Area.
What Orders Can Be Appealed?
Not every court order is immediately appealable. Understanding what can be appealed-and when-is the first step in protecting your rights.
Final Judgments
Most appeals arise from final judgments, which resolve all claims for all parties. Examples include divorce decrees, final custody orders, and criminal convictions.
Interlocutory Orders
Some non-final (interlocutory) orders can also be appealed, but only in specific circumstances:
- Orders granting or denying injunctions (appealable as of right)
- Orders certified for appeal by the trial court and accepted by the appellate court (appealable by permission)
If you are unsure whether your order is appealable, consult with an appellate attorney immediately to assess your options.
The Critical First Step: Notice of Appeal Indiana
What is the deadline to file a Notice of Appeal in Indiana?
You must file your Notice of Appeal within 30 days of the entry of the final judgment or appealable order in Indiana. Missing this deadline usually means you lose your right to appeal.
Contents of the Notice:
The Notice of Appeal must include:
- The case caption and cause number
- The date and title of the order being appealed
- The names and addresses of all parties
- Directions for the assembly of the Clerk’s Record
- A request for transcript (if needed)
- A copy of the appealed order
Where to File:
The Notice of Appeal is filed with the Clerk of the Indiana Court of Appeals and served on the trial court and all parties.
Special Considerations:
If you file a Motion to Correct Error or other post-trial motion, the deadline to file your Notice of Appeal may be extended. However, these situations are complex and require careful legal analysis.
For more detail, see Filing an Appeal in Indiana: Deadlines, Procedures, and Mistakes.
The Appellate Record: Transcripts and Clerk’s Record
The appellate court reviews only the materials presented at trial. Assembling a complete and accurate record is crucial.
Transcript Request:
Within 7 days after filing the 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 prepare and file the transcript. If more time is needed, an extension must be formally requested.
Clerk’s Record:
The trial court clerk has 30 days to assemble and transmit the Clerk’s Record to the appellate court. This record includes all documents, motions, and exhibits filed in the trial court.
Why This Matters:
The appellate court will not consider new evidence. Only what is in the record can be reviewed, making it essential to ensure all relevant materials are included.
Briefing Schedule: Appellant, Appellee, and Reply Briefs
The briefing schedule sets the pace for the entire appeal. Missing a briefing deadline can result in dismissal or waiver of arguments.
Appellant’s Brief:
Due 30 days after the transcript is filed (or after the Clerk’s Record is complete if no transcript is needed). The brief must include:
- Table of contents
- Statement of issues
- Statement of facts
- Summary of argument
- Legal argument with citations to authority and the record
- Conclusion
Appellee’s Brief:
Due 30 days after service of the Appellant’s Brief. The Appellee responds to the arguments raised by the Appellant.
Appellant’s Reply Brief:
Due 15 days after service of the Appellee’s Brief. The Reply Brief allows the Appellant to address new points raised by the Appellee.
Formatting Requirements:
Briefs must comply with the Indiana Rules of Appellate Procedure, including word count, font size, and citation format. Noncompliance can result in rejection of the brief.
Oral Argument: When and How It Happens
Oral argument is not automatic in Indiana appeals. Either party may request oral argument, but the appellate court grants it at its discretion. Oral argument provides an opportunity for attorneys to highlight key points and answer questions from the judges. However, no new evidence or arguments may be presented-oral argument is limited to the issues and record already before the court.
Post-Decision Motions and Further Review
After the appellate court issues its decision, parties have additional options for review.
Petition for Rehearing:
Due 30 days after the appellate court’s decision. A petition for rehearing asks the same appellate court to reconsider its decision, typically based on overlooked facts or legal errors.
Petition for Transfer to the Indiana Supreme Court:
Due 45 days after the appellate court’s decision (if no rehearing is sought) or after a decision on rehearing. The Indiana Supreme Court selects only a small percentage of cases for review, generally those involving significant legal questions or conflicts in the law.
For more on the appellate process, see The Anatomy of an Appeal: How the Appellate Process Works in Indiana.
Special Deadlines: Interlocutory Appeals, Rehearing, and Supreme Court Transfer
| Step | Deadline |
| Notice of Appeal (final judgment) | 30 days from entry of order |
| Notice of Appeal (interlocutory, by right) | 30 days from entry of order |
| Notice of Appeal (interlocutory, by permission) | 30 days from certification for appeal |
| 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 filed |
| Appellee’s Brief | 30 days after Appellant’s Brief |
| Appellant’s Reply Brief | 15 days after Appellee’s Brief |
| Petition for Rehearing | 30 days after appellate decision |
| Petition for Transfer (Supreme Court) | 45 days after appellate decision/rehearing |
Note: Deadlines for interlocutory appeals may vary based on the type of order and whether appeal is as of right or by permission.
Common Mistakes and How to Avoid Them
- Missing the Notice of Appeal deadline: This is the most common and often fatal error. There are very few exceptions, and courts rarely grant relief for a late filing.
- Failing to request transcripts on time: If you do not request transcripts within the required timeframe, your appeal may be delayed or dismissed.
- Noncompliance with formatting rules: The appellate court may reject briefs that do not meet word count, font, or citation requirements.
- Raising new issues on appeal: Only issues properly raised and preserved at trial can be considered on appeal.
- Failing to preserve the record: If an issue was not objected to or included in the trial record, it cannot be reviewed on appeal.
- Not seeking legal counsel early: Appellate law is technical and complex. Early involvement by an experienced appellate attorney can prevent costly mistakes and improve your chances of success.
For more, see Key Mistakes to Avoid on Appeal.
Timeline Summary Table
| Step | Deadline from Prior Event |
| Notice of Appeal | 30 days from final judgment/order |
| Request for Transcript | 7 days after Notice of Appeal |
| Transcript Due | 45 days after transcript request |
| Clerk’s Record Due | 30 days after Notice of Appeal |
| Appellant’s Brief | 30 days after transcript filed |
| Appellee’s Brief | 30 days after Appellant’s Brief |
| Appellant’s Reply Brief | 15 days after Appellee’s Brief |
| Petition for Rehearing | 30 days after appellate decision |
| Petition for Transfer | 45 days after appellate decision |
Resources for Litigants
- Indiana Rules of Appellate Procedure: The official rules governing appellate practice.
- Court of Appeals of Indiana: Information on judges, oral arguments, and published opinions.
- Ciyou & Associates, P.C. Indiana Appeals Practice Area: Experienced appellate attorneys serving Indianapolis and all of Indiana. Call (317) 210-2000 for guidance.
Next Steps: Protecting Your Appellate Rights in Indiana
If you are considering an appeal, immediate action is crucial. The 30-day clock starts ticking as soon as the order is entered in court records. Gather all court orders and documents, and consult with an experienced appellate attorney to evaluate your options and ensure compliance with all deadlines. Do not wait until the last minute-delays can be fatal to your appeal.
Frequently Asked Questions
- What is the deadline to file a Notice of Appeal in Indiana?
You must file your Notice of Appeal within 30 days of the entry of the final judgment or appealable order in Indiana. Missing this deadline usually means you lose your right to appeal. - Can I introduce new evidence on appeal?
No. The Indiana Court of Appeals reviews only the record from the trial court. New evidence is not permitted at the appellate level. - How long does an appeal take in Indiana?
Most appeals take between 9 and 18 months from the filing of the Notice of Appeal to a final decision, depending on the complexity of the case and the court’s caseload. - Do I need an attorney to file an appeal?
While you are not legally required to have an attorney, appellate practice is highly technical. An experienced appellate attorney can help you avoid costly mistakes and maximize your chances of success. - What happens after the Court of Appeals issues a decision?
You may file a petition for rehearing within 30 days or seek transfer to the Indiana Supreme Court within 45 days if you wish to pursue further review. - Can I appeal an interlocutory order?
Some interlocutory orders can be appealed as of right, while others require permission from the trial and appellate courts. The process and deadlines differ from those for final judgments. - What is a Motion to Correct Error, and how does it affect deadlines?
A Motion to Correct Error asks the trial court to reconsider its decision. Filing this motion may toll (pause) the deadline to file a Notice of Appeal, but the rules are complex. Consult an attorney to determine how this affects your case. - What if the court reporter cannot complete the transcript on time?
The court reporter must file a motion for extension of time if unable to complete the transcript within 45 days. As the appellant, you should monitor the transcript’s progress and communicate with the court reporter to avoid delays. - What if I cannot afford the appeal costs?
You may file a motion to proceed in forma pauperis (as an indigent person), which, if granted, can waive certain fees. However, you are still responsible for ensuring deadlines are met. - Are there special rules for family law or criminal appeals?
While the basic deadlines are the same, some types of cases (such as parental termination or criminal appeals) have additional requirements or expedited timelines. Consult an attorney who is experienced in your type of case. - Can I appeal a small claims judgment?
Yes, but the procedures and deadlines may differ. Small claims appeals are generally taken to the Indiana Court of Appeals, but consult the local rules and an attorney for specifics. - What happens if my appeal is dismissed for a procedural error?
If your appeal is dismissed for a procedural error, such as missing a deadline or failing to comply with formatting rules, you may lose your right to appellate review. In rare cases, you can seek reinstatement, but success is unlikely without a compelling reason. - Where can I find the Indiana Rules of Appellate Procedure?
The rules are available on the Indiana Judicial Branch website and should be reviewed carefully before proceeding with an appeal. - Can I represent myself in an appeal?
Yes, but appellate law is complex and unforgiving. Self-represented litigants are held to the same standards as attorneys, and mistakes can be costly. - How do I know if my order is final or interlocutory?
A final order resolves all issues for all parties. Interlocutory orders resolve only some issues or are temporary in nature. If in doubt, consult an attorney to determine your appeal rights and deadlines. - Can I appeal a decision from a Marion County or Indianapolis trial court?
Yes. The same Indiana appellate deadlines and procedures apply to orders from Indianapolis, Marion County, and all other Indiana counties.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this article or contacting Ciyou & Associates, P.C. Every case is unique, and the information provided here may not apply to your specific situation. The appellate process involves strict deadlines and complex procedural requirements; failure to comply may result in the loss of appellate rights. If you are considering an appeal, consult with an experienced Indiana appellate attorney promptly to discuss your specific circumstances and options.
Ready for Experienced Guidance?
If you have questions about Indiana appellate deadlines or need help protecting your right to appeal, contact Ciyou & Associates, P.C. at (317) 210-2000. Our team serves clients throughout Indianapolis and across Indiana-ensuring your appeal is timely, thorough, and positioned for the best possible outcome.
Citations
- Indiana Rules of Appellate Procedure
- Court of Appeals of Indiana
- Ciyou & Associates, P.C. – Filing an Appeal in Indiana: Deadlines, Procedures, and Mistakes
- Ciyou & Associates, P.C. – Anatomy of an Appellate Case in Indiana: Attorney Guide
- Ciyou & Associates, P.C. – Indiana Appeals Process: What Every Litigant Needs to Know About Appellate Law
- The Anatomy of an Appeal: How the Appellate Process Works in Indiana
- Key Mistakes to Avoid on Appeal
