Navigating the appellate process in Indiana can be daunting, even for the most seasoned litigators. One of the critical factors that can make or break an appeal is the quality and completeness of the trial record. The record, which consists of the transcripts, exhibits, and other documentation from the lower court proceedings, serves as the foundation upon which the appellate court will base its review. This blog will explore the five essential steps to ensure your trial record is appeal-ready.
The appellate court can only review issues that were properly preserved at the trial level. This means making timely, specific objections to evidence, jury instructions, and other rulings. It is important to make clear and well-articulated objections on the record specifying the grounds. Failing to do so can result in the appellate court determining the issue was waived and refusing to consider it. Similarly, filing written motions and ensuring the trial judge rules on them creates a record for the appellate court to review. Meticulously documenting these objections and motions on the record is crucial, as the appellate court will not consider issues that were not properly preserved.
The appellate court’s review is confined to the evidence and proceedings memorialized in the official trial transcript. This means you must request transcripts that cover the entire trial, including all hearings, witness testimony, arguments, and rulings. Ensure the transcripts are complete and accurately reflect what occurred in the courtroom. Omitting key portions of the trial, such as opening statements or closing arguments, can significantly limit the appellate court’s ability to fully understand the context and issues being appealed.
Exhibits and documentary evidence introduced at trial become part of the appellate record. It is essential that you organize and label your exhibits clearly, and work closely with the court report to ensure they are properly marked and included in the record. Avoid relying on exhibits that may have been excluded or lost, as the appellate court will only consider evidence that was properly admitted at trial. Taking the time to carefully prepare and document the exhibits can pay dividends later in the appeals process.
After the trial court’s final judgment, consider filing post-trial motions such as motions to correct errors or for judgment notwithstanding the verdict. These types of motions allow you to preserve issues for appeal and generate additional records for the appellate court to review. The appellate court will then have a more robust set of materials to consider when reviewing the case. Lastly, obtain a comprehensive record once the trial court proceedings have concluded. Work closely with the court clerk to obtain a complete, certified copy of the entire trial record. This includes the pleadings, motions, orders, transcripts, and exhibits. Review the record carefully to ensure nothing is missing and that all critical documents, transcripts, and exhibits are properly included and identified. The appellate court will only have access to the materials that are part of the certified record, so you must take the time to verify its completeness and accuracy.
The appellate process in Indiana can be complex and challenging, but a meticulously prepared trial record can make all the difference. Remember, the appellate court’s review is largely limited to the materials and evidence presented at the trial level. If you are considering an appeal in Indiana, it is highly recommended to consult with an experienced appellate attorney. They can provide valuable guidance on navigating the record preparation process and developing a comprehensive strategy to maximize your chances of success. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in appellate litigation in Indiana. We are here to help you through the appellate process. 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.
