Losing at the Indiana Court of Appeals can feel like the end of the road, but it does not have to be. Two procedures may still be available after a decision: a petition for rehearing and a petition to transfer. The rehearing vs transfer Indiana question comes up often because the two sound similar and both follow the same unfavorable ruling. They are very different tools, they go to different courts, and choosing the wrong one, or waiting too long, can end your options.
This guide compares the two, explains when each one makes sense, and shows why speed matters. It builds on our earlier overview of transfer to the Indiana Supreme Court and our look at common mistakes that hurt your Indiana appeal.
What Is a Petition for Rehearing?
A petition for rehearing asks the same Court of Appeals panel that issued the decision to take another look. It is filed with the Court of Appeals, not the Supreme Court. The petition is not a chance to repeat the arguments you already made. It points the panel to something specific it overlooked or misunderstood, such as a controlling statute, a fact in the record, or a point of law that the opinion misstated.
Rehearing is most useful when a clear, correctable error appears on the face of the opinion. If the court misread the record or missed a key authority, a short, focused petition can sometimes fix the problem without going any further.
What Is a Petition to Transfer?
A petition to transfer asks the Indiana Supreme Court to take your case after the Court of Appeals has ruled. Unlike an appeal, transfer is discretionary, which means the Supreme Court chooses which cases to hear. It generally looks for cases that raise important legal questions, conflict with other decisions, or need clarification of Indiana law. Most petitions are not granted.
Transfer is not a second chance to argue that the Court of Appeals reached the wrong result on the facts. It asks the Supreme Court to decide whether your case is one that the state’s highest court should review at all.
How Do the Two Options Compare?
| Feature | Petition for Rehearing | Petition to Transfer |
|---|---|---|
| Who decides | The same Court of Appeals panel | The Indiana Supreme Court |
| What you ask for | A correction of a specific error in the opinion | Review of the case by the highest court |
| Is it required first | No, in most cases it is optional | No, though it is the path to the Supreme Court |
| Best used when | The court overlooked or misstated something clear | The case raises an important or unsettled legal question |
| Chance of success | Modest, and depends on a clear error | Low, since most petitions are denied |
| Deadlines | Short and strict | Short and strict |
Can You Use Both Options?
In many cases, yes. A party who loses at the Court of Appeals may file a petition for rehearing first and, if that is denied, file a petition to transfer afterward. Filing for rehearing can affect when the time to seek transfer begins to run, so the order and timing of these filings matter. This is exactly the kind of detail that is easy to get wrong without an appellate attorney.
Which Option Should You Choose?
The right choice depends on what went wrong and what you want the next court to do.
- Choose rehearing if the opinion contains a clear factual or legal mistake that the panel can fix without outside help.
- Choose transfer if your case raises a question of law that matters beyond your family, or the decision conflicts with another Indiana appellate decision.
- Consider both if there is a correctable error and a broader legal issue worth the Supreme Court’s attention.
- Consider neither if the opinion simply went against you and no strong ground exists. A weak petition costs money and delays other decisions, such as how to comply with the ruling or whether to seek a modification.
Why Deadlines Matter So Much
Appellate deadlines in Indiana are short and are enforced strictly. A petition filed late can be rejected regardless of how strong the argument is. Because the time to file runs from the date of the decision, and in some cases from the ruling on a rehearing petition, you should speak with an appellate attorney the day you receive a ruling. Do not assume that a deadline you read in a general article applies to your case. Confirm it against the current Indiana Rules of Appellate Procedure and your own decision.
What Happens to the Family Court Order While You Wait?
In most family law cases, the trial court’s order stays in effect during an appeal and any further review unless a court orders otherwise. That means custody schedules, support payments, and property division orders generally still apply while you wait. Ignoring an order because you have asked for further review can lead to contempt. If you need relief while the case is pending, talk with your attorney about whether a stay is appropriate.
Frequently Asked Questions
Is a petition for rehearing required before I can ask the Supreme Court to take my case?
Generally no. Rehearing is optional in most situations, but it may change the timing of a later petition to transfer, so get advice before skipping it.
Will the Supreme Court hear my case if I file a petition to transfer?
Probably not. Most petitions to transfer are denied, and the court focuses on cases with significant legal questions.
Can I introduce new evidence in either petition?
No. Both petitions are based on the existing record and the court’s opinion, not on new evidence.
Does either petition pause my custody or support order?
Usually not. Trial court orders generally remain in effect unless a court says otherwise.
How quickly should I act after a Court of Appeals decision?
Immediately. Contact an appellate attorney as soon as you receive the decision so deadlines are not missed.
Next Steps
If you have received an unfavorable decision from the Indiana Court of Appeals, the next few weeks matter. Our team can review the opinion, explain whether rehearing, transfer, or neither makes sense, and calendar every deadline that applies to you. Call Ciyou and Associates, P.C. at (317) 342-4275 or visit ciyoulaw.com to schedule a consultation.
Citations
Indiana Rules of Appellate Procedure, Rule 54, Rehearing. https://www.in.gov/courts/rules/appellate/
Indiana Rules of Appellate Procedure, Rule 57, Transfer. https://www.in.gov/courts/rules/appellate/
This post is for general educational purposes and is not legal advice.
