When appealing a case in Indiana, one significant decision attorneys and litigants face is whether to move to publish an opinion issued by the appellate court. Many appellate decisions are initially classified as “memorandum decisions”, meaning they are not designated for publication and do not serve as binding precedent. However, under certain circumstances, moving to publish an appellate decision can have considerable legal and strategic advantages.
In Indiana, appellate court opinions are initially designated as either for publication or memorandum decisions. According to Indiana Rule of Appellate Procedure 65(A), a memorandum decision shall not be regarded as precedent unless the Court of Appeals orders its publication. A party can move to publish an opinion if they believe the case meets the criteria set forth in the rule.
A memorandum decision may be published if it:
- Establishes a new rule of law or alters, modifies, or clarifies an existing rule;
- Criticizes existing law or presents a novel legal issue that is likely to recur;
- Applies a settled rule of law to different facts in a way that could guide future cases;
- Involves a legal issue of significant public interest; or
- Directly conflicts with an existing published decision of another Indiana appellate court.
If a party believes that any of these criteria apply, they can file a motion requesting publication, which the court will consider before deciding whether to change the opinion’s designation.
One of the most significant benefits of moving to publish is that a published opinion becomes binding precedent. Other courts within Indiana must follow the legal principles established in the case, providing clarity and consistency in the law. This is especially valuable when dealing with recurring legal issues.
Attorneys and courts rely on published opinions to guide their legal arguments and decisions. If an appellate ruling clarifies an ambiguous point of law or applies a rule in a unique context, publication can help ensure that future litigants and courts have a reliable reference point. Even if an unpublished opinion may be cited as persuasive authority under Indiana law, a published opinion carries far greater weight in legal proceedings. Judges are more likely to rely on published cases, and attorneys can use them to strengthen their arguments in court.
Certain cases have broader implications beyond the immediate parties involved. Publishing an appellate decision can help shape public policy, promote fairness in the legal system, and ensure that important legal principles are widely recognized and applied. An unpublished opinion is harder to locate and may not be widely referenced in legal databases. Moving to publish ensures the decision is easily accessible for future use by attorneys, judges, and scholars who might need to rely on the ruling.
So, why should you move to publish even if you lose in the Indiana Court of Appeals?
A common question from clients is why moving to publish might still be beneficial even if they lose their appeal. While it may seem counterintuitive, there are strategic reasons for doing so:
- Shaping Future Legal Arguments: A published decision can clarify legal issues that may arise in future cases. Even an adverse ruling can highlight weaknesses in the law, which can be addressed in subsequent litigation or legislative changes.
- Building a Path for Reconsideration or Legislative Change: If a ruling exposes an unfair or problematic interpretation of the law, having the opinion published can increase awareness and lead to advocacy for changes in the legal system.
- Establishing Precedent for Similar Cases: If the case involves unique or recurring legal questions, publication ensures that others facing similar issues have guidance on how the court may rule, allowing for better legal strategy moving forward.
- Demonstrating the Need for Higher Court Review: A published decision may make it easier to seek review by the Indiana Supreme Court, as it demonstrates the significance of the legal issues involved.
While there are many advantages to publication, there are some instances where it may not be beneficial, such as the case involving highly fact-specific circumstances unlikely to impact future rulings; the opinion contains unfavorable reasoning that could negatively impact similar cases; or the ruling does not materially change or clarify existing law.
Moving to publish an opinion in an Indiana appellate case can be a powerful tool for shaping the law, providing guidance, and ensuring that key legal issues receive the attention they deserve. Even if a party loses their appeal, seeking publication can help influence future legal interpretations, advocate for change, and establish clear precedent. If a decision meets the Indiana Rule of Appellate Procedure 65(A) criteria, attorneys should strongly consider filing a motion to publish. By doing so, they can help create lasting legal precedent, strengthen advocacy efforts, and contribute to a more consistent and transparent judicial system in Indiana.
Do you believe the opinion in your case from the Indiana Court of Appeals should be published? Perhaps the experienced appellate attorneys at Ciyou & Associates, P.C. can help you. Our attorneys have won multiple appeals, some of which are now controlling law in Indiana. Perhaps we are the right fit for you. If so, contact us by email at (317)-210-2000.
This blog post is not meant to serve as legal advice. It is an advertisement.
