The appeals process in Indiana is precise and strategic, with only a fraction of trial court cases making it to the appellate courts each year. Indiana’s appellate court system is compact, with just over twenty judges and senior judges handling a limited but critical portion of cases. Due to this selectivity, only a handful of attorneys frequently handle appeals, making expertise in the process essential.
At a recent professional gathering, appellate judges shared insights on common missteps they observe in appellate briefs. These four key mistakes provide valuable lessons that can help appellants and their attorneys strengthen their briefs and optimize their appeal strategies.
- Avoid Overloading Your Appeal with Petty or Trivial Issues
Indiana’s trial judges are known for producing thoughtful, well-crafted rulings. Given this, appellate briefs that include an overwhelming number of issues or minor, hyper-technical arguments often fail to resonate with appellate judges. Overloading an appeal with every conceivable argument can dilute the impact of genuinely strong issues. An effective brief generally focuses on no more than three primary issues, with each one grounded in significant legal questions that directly affect the case outcome.
Instead of a scattershot approach, carefully examine each potential issue and determine its importance and strength. Often, underlying sub-issues will naturally arise and can be woven into the main points without crowding the brief. This targeted strategy strengthens the brief, as appellate judges can focus on core issues without sifting through extraneous details.
- Craft Concise, Compelling Statements of Issues
The statement of issues is a foundational part of any appeal, serving as a bridge between the case facts and applicable law. A common pitfall is overly complex or drawn-out issue statements, which can muddy the waters before the argument even begins. Appellate judges generally respond best to statements that are clear, direct, and succinctly convey both the legal framework and factual context.
A powerful statement of issues should capture the essence of the argument in a way that draws attention without unnecessary embellishment. As with all great writing, a strong issue statement often takes several rounds of revision. Judges and seasoned attorneys understand the importance of clarity in appellate briefs, so take the time to refine each statement until it communicates the argument effectively and efficiently.
- Limit Word Count and Avoid Redundancy
Word count limits in appellate briefs are designed to ensure that arguments remain concise, clear, and easy to follow. In Indiana, appellants are permitted to file briefs up to 30 pages or 14,000 words, but this upper limit is a maximum, not a target. In fact, many successful briefs are much shorter. Overly lengthy briefs filled with repetitive points can undermine an appeal by confusing the core issue, diminishing clarity, and burdening the court’s limited reading time.
Less is often more. The most effective briefs focus on presenting the strongest arguments once, with clear, logical progression from one point to the next. Editing for brevity and clarity is one of the most challenging parts of appellate brief writing, but it’s also one of the most impactful. Judges have a heavy caseload, so brevity is both respectful of the court’s time and conducive to a persuasive argument. Trim extraneous details and avoid redundant restatements to create a focused, impactful brief.
- Focus on Relevant Facts in the Statement of Facts
While it can be tempting to include every fact or unfavorable detail about the opposing party, the statement of facts in an appellate brief should be limited to only those details directly relevant to the issues being appealed. Straying from relevant facts by adding extraneous details or disparaging information about the other party can weaken the brief and diminish the court’s perception of the appellant’s professionalism and objectivity.
Appellate courts favor briefs that maintain a respectful and neutral tone, focusing strictly on the facts pertinent to the appeal. A well-constructed statement of facts gives judges a fair view of the case without unnecessary commentary, allowing them to focus on the legal arguments. Avoiding an overly adversarial tone in the facts section not only upholds the brief’s credibility but also keeps the emphasis on the legal grounds for appeal.
In conclusion, appeals are a critical component of the justice system, providing individuals a pathway to seek review of trial court decisions. Crafting a strong appellate brief requires careful consideration, strategic selection of issues, and attention to detail in both content and presentation. By avoiding these common mistakes, appellants and their attorneys can produce a brief that is not only clear and concise but also persuasive to the appellate court.
At Ciyou & Associates, P.C., our attorneys handle a full range of appeals, from final judgments in Indiana trial courts to cases before the Indiana Supreme Court, the Seventh Circuit Court of Appeals, and the United States Supreme Court. This blog is intended for informational purposes only and should not be construed as legal advice or a solicitation for services. Appeals are a matter of right and play an essential role in maintaining checks and balances within the judiciary, so they must be approached thoughtfully and in accordance with Indiana’s appellate rules.
