Index
- Introduction: Why Understanding the Indiana Appellate Process Matters
- The Indiana Appellate Court System: Structure and Jurisdiction
- What Can Be Appealed? Final Judgments vs. Interlocutory Orders in Indiana
- Who Can Appeal and When in the Indiana Appeal Process?
- Step-by-Step: Filing an Appeal in Indiana
- Determining Appealable Orders
- Filing the Notice of Appeal
- Preparing the Record on Appeal
- Requesting and Filing Transcripts
- Briefing: Appellant, Appellee, and Reply Briefs
- Oral Arguments
- The Appellate Decision
- Rehearing and Transfer to the Indiana Supreme Court
- Key Deadlines and Procedural Traps in Indiana Appellate Court
- What the Indiana Appellate Court Reviews (and What It Doesn’t)
- Common Mistakes in the Indiana Appeal Process and How to Avoid Them
- Special Considerations: Family Law, Criminal, Tax, and More in Indiana Appeals
- Frequently Asked Questions About Indiana Appeals
- Resources for Navigating the Indiana Appeal Process
- Next Steps: Connect with Indiana Appellate Counsel
- Disclaimer
Introduction: Why Understanding the Indiana Appellate Process Matters
When a trial court’s decision doesn’t go your way, you may wonder what options remain. In Indiana, the appellate process exists to ensure trial errors, whether legal, factual, or procedural, can be reviewed and, if necessary, corrected. This guide explains the Indiana appeal process, including how appeals work in Indiana, how to file an appeal in Indiana, and what to expect from the Indiana appellate court procedure. Whether you’re a litigant, a family member, or simply a concerned citizen, understanding the appellate process in Indiana empowers you to make informed decisions, protect your rights, and avoid costly mistakes.
The Indiana Appellate Court System: Structure and Jurisdiction
Indiana’s appellate court system is designed to provide a thorough and impartial review of trial court decisions. There are three main appellate courts in Indiana:
- Indiana Court of Appeals: Handles most civil and criminal appeals from the state’s trial courts.
- Indiana Supreme Court: Selectively hears cases, often those involving constitutional issues, death penalty cases, or matters of great public importance.
- Indiana Tax Court: Has exclusive jurisdiction over appeals involving state tax matters.
Each court has specific jurisdictional boundaries, and knowing which court to appeal to is the first critical step. Most appeals begin in the Indiana Court of Appeals, but some, such as death penalty cases or certain tax matters, go directly to the Supreme Court or Tax Court.
Indiana’s “One-Pot” Theory and Equitable Distribution of Retirement Assets
Indiana follows a “one-pot” theory for marital property. This means that, with limited exceptions, all assets and debts owned by either spouse, regardless of when or how acquired, are considered part of the marital estate. This includes:
- Property acquired before marriage
- Property acquired during marriage
- Retirement accounts, regardless of whose name is on the account
When it comes to dividing marital property, Indiana uses an “equitable distribution” standard. This doesn’t always mean a 50/50 split. Instead, the court considers factors like:
- Each spouse’s contributions to the marriage (including homemaking)
- The economic circumstances of each spouse
- The conduct of the parties as it relates to the preservation or dissipation of assets
- The earning ability and future financial needs of each spouse
Retirement accounts are subject to these same rules and are almost always included in the marital pot.
What Can Be Appealed? Final Judgments vs. Interlocutory Orders in Indiana
Final Judgments:
A final judgment is a decision that resolves all issues in a case. Most appeals are taken from final judgments, as these decisions effectively end the trial court’s involvement.
Interlocutory Orders:
Some trial court decisions made before a case is fully resolved can also be appealed. These are called interlocutory orders. Appealing an interlocutory order typically requires permission from the trial court or is allowed by statute in specific circumstances. Examples include orders granting or denying injunctions or certain rulings certified as important by the trial court and accepted by the appellate court.
For a deeper look at specific family law appeals, visit our Indiana Family Law Appeals resource.
Who Can Appeal and When in the Indiana Appeal Process?
Generally, any party to the original trial who is dissatisfied with the outcome and has a vested interest in the result can appeal. However, issues must be properly preserved during the trial, meaning objections or relevant claims must be raised at that time. If not, the appellate court may refuse to consider them.
Timing is critical:
- For most civil and criminal cases, the Notice of Appeal must be filed within 30 days of the final judgment.
- Missing this deadline is one of the most common and fatal mistakes in Indiana appeals.
Step-by-Step: Filing an Appeal in Indiana
Determining Appealable Orders
Before beginning, confirm that the order you wish to appeal is either a final judgment or a permitted interlocutory order. Consult with an appellate attorney to ensure your case qualifies and to identify the correct appellate court.
Filing the Notice of Appeal
- Initiates the Appeal:
The Notice of Appeal is the official document that starts the appellate process. It must include the case caption, trial court and cause number, date of judgment, identification of the appealed order, and (optionally) the issues to be raised. - Where to File:
File with both the trial court and the appropriate appellate court. - Deadline:
Must be filed within 30 days of the final judgment in most cases. - Filing Fee:
A filing fee (currently $250) is required when submitting the Notice of Appeal to the appellate court.
For more on this process, see our appellate law services in Indiana.
Preparing the Record on Appeal
The appellate court reviews only the record created in the trial court. This includes:
- Chronological Case Summary (CCS)
- All documentary evidence submitted at trial
- Exhibits and orders
- The trial transcript
The trial court clerk has 30 days from receiving the Notice of Appeal to prepare and transmit the record to the appellate court.
Requesting and Filing Transcripts
If the trial included hearings or a jury trial, a transcript is necessary:
- Request Deadline:
Within 7 days of 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. - Transcript Preparation:
The court reporter has 45 days to complete and file the transcript. Extensions must be formally requested. - Costs:
The appellant is responsible for paying the transcript costs, typically with a deposit due up front and the balance upon completion.
Briefing: Appellant, Appellee, and Reply Briefs
Appellant’s Brief:
- Due 30 days after the transcript is filed.
- Must include a table of contents, statement of issues, statement of the case and facts, summary of argument, legal argument with citations, and a conclusion stating the relief sought.
Appellee’s Brief:
- Due 30 days after the Appellant’s Brief is filed.
- Responds to the appellant’s arguments and supports the trial court’s decision.
Reply Brief:
- The appellant may file a reply brief within 15 days after the appellee’s brief.
All briefs must comply with strict formatting and word count requirements set forth in the Indiana Rules of Appellate Procedure.
Oral Arguments
Oral argument is not automatic. Either party may request it, but the court grants it at its discretion. Oral argument is an opportunity for attorneys to highlight key issues and answer judges’ questions, no new evidence is presented.
The Appellate Decision
A panel of three judges reviews the briefs, transcripts, and record. They may issue a memorandum (unpublished) or published decision. Published decisions set precedent for future cases.
Decisions are usually issued within four months after briefing is complete, but this can vary.
Types of Appellate Decisions
- Memorandum Decisions:
These are unpublished and generally do not serve as precedent for future cases. They are used when the law is well-settled and the facts are straightforward. - Published Opinions:
These set precedent and are cited in future cases. The court publishes opinions when the case involves new legal issues, clarifies the law, or is of public interest.
Contents of the Decision
The decision will summarize the facts, outline the legal issues, analyze the arguments, and state the court’s ruling. It may affirm (agree with), reverse (overturn), or remand (send back) the case to the trial court with instructions.
Post-Decision Options
- Petition for Rehearing:
If you believe the appellate court overlooked a key fact or legal principle, you may file a petition for rehearing within 30 days. - Petition to Transfer:
If your case was decided by the Court of Appeals, you may seek transfer to the Indiana Supreme Court within 45 days. The Supreme Court accepts only a small percentage of cases, focusing on those with broad legal significance.
Enforcement and Remand
If the appellate court orders a new trial or remands the case, the trial court must follow the appellate court’s instructions. Sometimes, the appellate court will specify the precise action to be taken, other times, it will leave discretion to the trial court.
Finality and Precedent
Once all appellate options are exhausted, the decision becomes final and binding. Published opinions become part of Indiana law and may influence future cases.
Understanding the Impact
A successful appeal can change the outcome of your case, but it may also result in further proceedings at the trial court. It’s important to discuss the practical implications with your attorney so you know what to expect next.
Rehearing and Transfer to the Indiana Supreme Court
If dissatisfied with the Court of Appeals’ decision, a party may:
- Request Rehearing:
Must be filed within 30 days of the decision. - Seek Transfer to the Indiana Supreme Court:
Must be filed within 45 days if rehearing is not sought. The Supreme Court has discretion to accept or deny transfer.
If the Supreme Court denies transfer, the Court of Appeals’ decision stands and becomes binding.
Key Deadlines and Procedural Traps in Indiana Appellate Court
Step | Deadline (Generally) | Notes |
Notice of Appeal | 30 days | From final judgment or appealable order |
Notice of Request for Transcript | 7 days | After Notice of Appeal filed |
Clerk’s Record Preparation | 30 days | After Notice of Appeal received |
Transcript Preparation | 45 days | After Notice of Appeal received |
Appellant’s Brief | 30 days | After transcript filed |
Appellee’s Brief | 30 days | After Appellant’s Brief |
Reply Brief | 15 days | After Appellee’s Brief |
Petition for Rehearing | 30 days | After appellate decision |
Petition for Transfer | 45 days | After decision or denial of rehearing |
Missing a deadline can result in dismissal of your appeal, regardless of the merits of your case.
What the Indiana Appellate Court Reviews (and What It Doesn’t)
- What’s Reviewed:
The appellate court reviews the trial court record, including transcripts, evidence, and briefs. It looks for legal errors, misapplication of the law, or procedural mistakes that may have affected the outcome. - No New Evidence:
New evidence cannot be introduced at the appellate level. The court’s review is limited to what was presented at trial.
Standard of Review:
The standard depends on the type of issue, legal errors are reviewed de novo (anew), while factual findings are reviewed for clear error or abuse of discretion.
Common Mistakes in the Indiana Appeal Process and How to Avoid Them
- Missing Deadlines:
The most common fatal error. Strictly adhere to all appellate timelines. - Failing to Preserve Issues:
Only issues properly raised and objected to at trial can be appealed. Failure to object may result in waiver of the issue. - Improper Brief Formatting:
Noncompliance with formatting, word count, or citation rules can result in rejection of your brief.
Not Consulting an Appellate Attorney:
Appellate law is highly specialized. An experienced attorney can help avoid procedural missteps and maximize your chances of success.
Special Considerations: Family Law, Criminal, Tax, and More in Indiana Appeals
Family Law Appeals
Family law appeals often involve sensitive issues such as child custody, parenting time, support, and property division. The appellate courts give deference to the trial court’s factual findings but will reverse if the law is misapplied or findings are clearly erroneous. Timing is critical, delays can impact children and families, and extensions are rarely granted except for extraordinary reasons.
Criminal Appeals
Criminal defendants have a constitutional right to appeal. Issues commonly appealed include evidentiary rulings, sufficiency of the evidence, sentencing errors, and constitutional violations. Death penalty and life without parole cases go directly to the Indiana Supreme Court. Post-conviction relief is a separate process for raising issues not previously addressed.
Tax Appeals
Indiana’s Tax Court has exclusive jurisdiction over state tax disputes. These appeals are highly technical and governed by unique rules. Litigants often benefit from counsel experienced in both tax law and appellate procedure.
Administrative Appeals
Decisions from state agencies, such as licensing boards or DCS, can be appealed, but the process and deadlines may differ from standard civil or criminal appeals. Administrative records are often more limited, and judicial review is typically deferential to the agency’s findings.
Juvenile and CHINS Appeals
Cases involving Children in Need of Services (CHINS) or juvenile delinquency have expedited timelines to protect children’s interests. The appellate courts prioritize these cases, and the standards of review may differ from adult criminal or civil matters.
Probate and Guardianship Appeals
Appeals in probate or guardianship matters often involve unique procedural rules, particularly regarding standing and the finality of orders. Not all probate orders are immediately appealable, consult with counsel about the timing and strategy.
Frequently Asked Questions About Indiana Appeals
- What is the difference between a direct appeal and a discretionary appeal?
A direct appeal is a matter of right after a final judgment, meaning the appellate court must review your case. A discretionary appeal, such as seeking transfer to the Indiana Supreme Court, requires the higher court to agree to hear your case, which it may decline. - Can I introduce new evidence during my appeal?
No. The appellate courts in Indiana only review the record from the trial court. New evidence, witnesses, or exhibits cannot be introduced at the appellate level. - What happens if the appellate court finds an error?
If the appellate court determines that a significant legal error occurred and it affected the outcome, it may reverse the decision, order a new trial, or remand the case to the trial court with instructions. - How are oral arguments different from the trial?
Oral arguments in appeals are focused on legal issues and the application of law, not on presenting new facts or evidence. Attorneys answer questions from the judges and clarify points from their briefs. - Do I have to pay the other party’s legal fees if I lose my appeal?
Not usually. Indiana generally follows the “American Rule,” where each party pays their own legal fees. However, in rare cases, the appellate court may order one party to pay the other’s fees, especially if the appeal is deemed frivolous or in bad faith. - How do I know if my case is eligible for an interlocutory appeal?
Interlocutory appeals are limited to certain types of orders, such as those granting or denying injunctions, or where the trial court certifies an issue as important and the appellate court agrees to hear it. Consult an appellate attorney to assess your eligibility. - What if I miss the deadline to file my appeal?
Missing the deadline is almost always fatal to your appeal. There are very limited exceptions, such as when the delay is due to circumstances beyond your control, but these are rare and require immediate legal action. - Can I appeal a case to the U.S. Supreme Court from Indiana?
Only in rare circumstances, usually involving federal constitutional questions or federal law, and only after all state appellate options have been exhausted. - How long does it take to receive a decision after oral argument?
It varies, but most decisions from the Indiana Court of Appeals are issued within four months of the completion of briefing or oral argument. The Indiana Supreme Court may take longer due to the complexity of the cases it hears. - What happens after a successful appeal?
If you win your appeal, the appellate court may reverse the lower court’s decision, order a new trial, or remand the case with instructions. The process then returns to the trial court for further proceedings consistent with the appellate court’s ruling. - Can I stay, or pause, the trial court’s order while my appeal is pending?
Yes, but you must request a stay from the trial court or appellate court. Stays are not automatic and are granted at the court’s discretion, often requiring a showing of irreparable harm or likelihood of success on appeal. - Are appellate briefs public record?
Yes, most appellate briefs and court decisions are public record and available through the Indiana appellate court’s online docket system, unless sealed for confidentiality reasons.
Resources for Navigating the Indiana Appeal Process
Official Indiana Appellate Court Resources:
Self-Help and Legal Aid:
- Indiana Legal Help – Free guides on civil appeals.
- Indiana State Bar Association – Attorney referral service.
- Indiana Public Defender Council
Further Reading:
Indiana Continuing Legal Education Forum – Seminars on appellate strategy.
Next Steps: Connect with Indiana Appellate Counsel
If you are considering an appeal or have questions about the Indiana appellate process, Ciyou & Associates, P.C. is here to help. Our experienced appellate attorneys serve clients across Indianapolis, Carmel, Zionsville, Noblesville, Fishers, Westfield, Geist, Greenwood, Greenfield, Brownsburg, Avon, and throughout Indiana.
Contact us today at (317) 210-2000 to schedule a consultation and ensure your rights are protected throughout the appellate process.
Disclaimer
This blog post is provided for general educational purposes only and is not intended as legal advice. Every case is unique, and the appellate process in Indiana can be complex. For advice specific to your situation, consult with a qualified Indiana appellate attorney. This post is an advertisement.
