If you’ve received an unfavorable ruling from an Indiana trial court—especially in family law or other civil matters—understanding how to preserve your right to appeal is crucial to protecting your legal interests. In Indiana, the appellate process is governed by strict deadlines, procedural safeguards, and attention to detail. Missing a single step can result in the dismissal of your appeal, regardless of its merits. Here’s what you need to know before and after your trial to ensure you do not forfeit your right to challenge an adverse decision.
What Does It Mean to Preserve Your Right to Appeal?
Preserving your appellate rights means taking all necessary steps, both before and after trial, so you are legally permitted to ask a higher court to review the trial court’s decision. This includes making timely objections during trial, ensuring all proceedings are accurately recorded, and strictly following post-trial deadlines for filing any motions and the Notice of Appeal. If you fail to raise an objection or preserve an issue for appeal during trial, it generally cannot be considered by the appellate court.
Why Consider an Appeal?
- Legal Errors: Appellate courts review whether the law was correctly applied, not whether the outcome was fair in a general sense.
- Procedural Errors: Mistakes in court procedure, improper admission of evidence, or a judge exceeding their discretion may form valid grounds for appeal.
- Right to Appeal: Indiana law generally guarantees at least one appeal as of right from a final judgment.
Steps to Preserve Appellate Rights Before and During Trial
- Object to Errors: If you believe the judge or opposing counsel has made a mistake, you must object on the record at the time the error occurs. If you do not, you may waive your right to challenge that issue on appeal.
- Create a Clear Record: Ensure all court proceedings are recorded. This includes hearings, witness testimony, and arguments. If something is not in the record, the appellate court cannot consider it.
- File Timely Post-Trial Motions: If you wish to challenge the court’s decision, certain motions—such as a Motion to Correct Error—must be filed within strict deadlines. Failing to do so may limit your ability to raise those issues on appeal.
What Is Eligible for Appeal?
- Final Judgments: A final judgment resolves all claims for all parties and is generally appealable as of right.
- Interlocutory Orders: These are orders issued during the case that do not resolve all issues. They are usually only appealable if the trial court certifies them for immediate appeal or if they fall under specific statutory exceptions.
How to Initiate an Appeal After Trial
1. File the Notice of Appeal
The first step is to file a Notice of Appeal with both the trial court and the Clerk of the Indiana Court of Appeals (or the appropriate appellate court). This must be done within 30 days of the final judgment (or, if you filed a post-trial motion, within 30 days of the court’s ruling on that motion). Missing this deadline almost always forfeits your right to appeal, except in rare, extraordinary circumstances where the court may grant a belated appeal.
Required Information:
Your Notice of Appeal must include the case caption, trial court and cause number, date of the judgment, identification of the appealed order, and a request for preparation of the record. You must also pay the required filing fee (currently $250).
2. Request the Transcript
If the trial 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.
3. Assemble the Record on Appeal
The appellate court will review only the official record from the trial court. This includes the Chronological Case Summary, all documentary evidence, exhibits, orders, and the trial transcript. The clerk of the trial court has 30 days to assemble and transmit the record to the appellate court after receiving the Notice of Appeal.
4. File the Appellant’s Brief
Once the transcript is filed, the appellant (the party appealing) has 30 days to file a written brief with the appellate court. This brief explains the legal errors you believe occurred and why the trial court’s decision should be reversed. The brief must comply with strict formatting and content requirements under the Indiana Rules of Appellate Procedure. Extensions are rarely granted.
5. File the Appellee’s Brief
The appellee (the opposing party) has 30 days to file a responsive brief, defending the trial court’s decision.
6. File a Reply Brief (Optional)
The appellant may file a reply brief within 15 days after the appellee’s brief, but this is optional.
7. Oral Arguments (Optional)
Either party may request oral argument, but it is granted at the appellate court’s discretion. Oral arguments allow attorneys to clarify key issues for the judges but are not a time to present new evidence.
8. Appellate Court Decision
After reviewing the briefs, transcripts, and any oral arguments, a three-judge panel of the Indiana Court of Appeals will issue a written opinion. The court may:
- Affirm the trial court’s decision.
- Reverse the decision, in whole or in part.
- Remand the case back to the trial court for further proceedings or a new trial.
Common Procedural Pitfalls
- Missing Deadlines: The 30-day deadline for filing the Notice of Appeal is strictly enforced. Missing it almost always results in losing your appeal rights.
- Appealing Non-Final Orders: Only final judgments and certified interlocutory orders are generally appealable as of right.
- Failure to Preserve Issues: If you do not object during trial or fail to include an issue in your post-trial motions, you generally cannot raise it on appeal.
- Formatting Errors: Briefs must strictly comply with appellate rules. Noncompliance can result in rejection or dismissal.
What Happens After the Appellate Court Rules?
If you are dissatisfied with the Court of Appeals’ decision, you may:
- Request Rehearing: File a petition for rehearing within 30 days of the decision.
- Seek Transfer to the Indiana Supreme Court: If rehearing is denied or not sought, you have 45 days to petition the Indiana Supreme Court to review the case. The Supreme Court has discretion to accept or deny transfer.
If the Supreme Court denies transfer, the Court of Appeals’ decision stands and is binding.
Frequently Asked Questions
- What if I miss my appeal deadline?
Missing the 30-day window typically forfeits your right to appeal, except in rare cases where the court may grant a belated appeal in extraordinary circumstances. - Can I introduce new evidence on appeal?
No. The appellate court reviews only the record from the trial court. New evidence cannot be introduced during the appeal. - Is every court order appealable?
No. Only final judgments or properly certified interlocutory orders may be appealed as of right.
Conclusion
Preserving your right to appeal in Indiana requires vigilance before, during, and after trial. Timely objections, a complete record, strict adherence to deadlines, and precise compliance with procedural rules are essential. Because the process is highly technical, consulting an experienced Indiana appellate attorney as early as possible is the best way to protect your rights and maximize your chances of a successful appeal.
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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.
