Table of Contents
- Introduction
– Understanding Your Situation
– Time-Sensitive Decisions - First Things First: Can You Appeal Your Case?
– Qualifying for an Appeal
– Common Grounds for Appeal
– When Appeals Aren't Possible - What's Really at Stake? Understanding the Impact
– Family Law Impacts
– Criminal Case Consequences
– Long-Term Considerations - The Appeals Process: What to Expect
– Month 1: Getting Started
– Months 2-3: Building Your Case
– Months 4-8: The Waiting Game
– After the Decision - Real Examples: When Appeals Work and When They Don't
– Successful Appeals
– Unsuccessful Appeals
– Learning from Past Cases - Frequently Asked Questions: Answers to Your Questions About Appeals
– Understanding Time Limits
– Understanding Costs
– Understanding Success Chances
– Understanding the Process
– Understanding Evidence and Arguments
– Understanding Outcomes
– Practical Concerns - Working with Attorneys
– Trial Attorney Relationships
– Appellate Representation
– Collaborative Approach - Taking the Next
– Initial Steps
– What to Prepare
– Consultation Process - About Ciyou & Associates
– Our Experience
– Our Approach
– Our Commitment
Introduction
That moment when you first read the court's decision — we've seen the impact hundreds of times over our 28 years of practice. Maybe you're sitting in your car, hands shaking as you read the order about your children's custody. Perhaps you're at your kitchen table, staring in disbelief at a criminal sentence that seems impossibly harsh. Or you might be in your attorney's office, trying to process how the judge could have divided your property this way.
We understand that pit in your stomach, the racing thoughts, and the burning question: “Is this really it?” No matter what brought you here, you're not alone, and you may have options. But you need to act quickly — in Indiana, you typically only have 30 days to start an appeal.
First Things First: Can You Appeal Your Case?
The days right after receiving a negative court decision are overwhelming. You're likely cycling between anger, worry, and confusion about what to do next. Before we dive into the technical details, let's cut through the confusion and look at what really matters right now: understanding whether you can appeal your case at all.
You Can Usually Appeal When:
– The judge made a legal mistake (not just a decision you disagree with)
– Your case has reached a final decision (all issues resolved)
– You raised objections during the trial court proceedings
– You're within the 30-day deadline from the final order
You Probably Can't Appeal When:
– You simply disagree with the judge's decision
– The order is temporary or preliminary
– You didn't object to the issues during trial
– You've missed the 30-day deadline
– You agreed to the decision (like in most plea agreements)
What's Really at Stake? Understanding the Impact
When we sit down with clients considering an appeal, we often find they're thinking about much more than just the legal issues. They're worried about their children's future, their financial stability, their reputation in the community, or their ability to move forward with their lives. These aren't just court cases — they're turning points that can affect everything that matters to you.
Let's look at what's really at stake when you're considering an appeal:
In Family Law Cases
Your appeal could affect:
– Who your children live with and when you see them
– How significant decisions about your children are made
– Your property and retirement accounts
– Monthly support payments
– Where you can live with your children
– Your financial security
In Criminal Cases
An appeal might impact:
– Your freedom and time served
– Your criminal record
– Job and housing opportunities
– Professional licenses
– Voting rights
– Travel abilities
– Family relationships
The Appeals Process: What to Expect
One of the hardest parts of considering an appeal is the uncertainty. You're already dealing with the emotional impact of an unfavorable decision, and now you're facing a complex legal process completely different from what you experienced at trial. We've guided hundreds of clients through this journey, and while every case is unique, understanding the basic roadmap can help ease some of that anxiety.
Let's walk through what your appeal journey might look like, month by month:
Month 1: Getting Started
– Meeting with your attorney to evaluate your case
– Filing the Notice of Appeal (must be done within 30 days)
– Ordering trial transcripts
– Developing your appeal strategy
Months 2-3: Building Your Case
– Receiving and reviewing transcripts
– Identifying the strongest arguments
– Researching similar cases
– Writing the appeal brief
Months 4-8: The Waiting Game
– Opposing side files their response
– Your attorney may file a reply
– Possible oral arguments (in some cases)
– Court reviews everything and makes a decision
After the Decision
– Reviewing your options if you win or lose
– Implementing the court's decision
– Considering further appeals if necessary
Real Examples: When Appeals Work (and When They Don't)
Sometimes, the best way to understand appeals is through real stories of people who've been where you are now. While we've changed identifying details to protect our clients' privacy, these examples come from real cases we've handled. They show both the potential and the limitations of appeals, helping you better understand what might be possible in your situation.
We share these stories not to guarantee any particular outcome — every case is different — but to help you understand how appeals play out in real life.
Successful Appeals We’ve Seen:
– A father regained custody when we proved the judge used the wrong legal standard
– A property division was reversed when hidden assets were discovered
– A sentence was reduced when we showed the judge considered improper factors
– A mother was allowed to relocate when we demonstrated the judge misapplied the law
Unsuccessful Appeals We've Seen:
– Cases filed after the 30-day deadline
– Challenges to a judge's credibility decisions
– Arguments about evidence that wasn't objected to at trial
– Disagreements with fair but unfavorable rulings
Frequently Asked Questions: Answers to Your Questions About Appeals
We know you have questions. Here are detailed answers to the most common concerns our clients have when considering an appeal:
Understanding Time Limits
When it comes to appeals, time is not on your side. The clock starts ticking the moment your final order is entered, and missing deadlines can permanently close the door on your appeal rights. We've seen too many people lose their chance to appeal simply because they waited too long to take action. That's why it's crucial to understand precisely how these deadlines work and what you must do to protect your rights.
Q: “How much time do I have to decide about an appeal?”
A: You have 30 days from the final order to file a Notice of Appeal. This is a strict deadline — missing it usually means losing your right to appeal forever. However, some situations can affect this timeline:
– Post-trial motions might extend the deadline
– Some orders can be challenged even after 30 days
– Certain cases have different deadlines
– The clock starts when the order is noted in court records
Bottom line: If you're thinking about appealing, contact an appellate attorney immediately.
Q: “What if I just found out about the order after the deadline?”
A: There might still be options:
– Relief from judgment for good cause
– Challenge to improper notice
– Special circumstances exceptions
– Alternative legal remedies
We can help evaluate whether any of these apply to your situation.
Understanding Costs
Let's talk about the elephant in the room — costs. We know that pursuing an appeal is a significant financial decision, especially when you're already dealing with the expense of your trial case. You deserve clear, upfront information about what an appeal will cost and the options available to manage those costs. While we can't cut corners on quality, we can help you understand and plan for the expenses involved.
Q: “How much will an appeal cost?”
A: Appeal costs vary based on several factors:
– Case complexity and length
– Transcript requirements
– Number of issues
– Oral argument needs
– Research requirements
We believe in transparency about costs. During your consultation, we'll:
– Review cost factors for your specific case
– Provide a detailed estimate
– Discuss payment options
– Explain what services are included
– Address any financial concerns
Q: “Are there ways to manage appeal costs?”
A: Yes, several options might help:
– Payment plans
– Focused issue selection
– Strategic transcript ordering
– Limited scope representation
– Cost-sharing arrangements
We'll work with you to find an approach that fits your budget while maintaining quality representation.
Understanding Success Chances
This is often the first question clients ask us, and we get it — you want to know if an appeal is worth the time, energy, and cost. While every case is unique, our decades of experience have shown us what makes appeals successful. We've seen seemingly hopeless cases turn around on appeal, and we've had to give hard news to clients with weak appeal chances. What matters is getting an honest assessment of where your case stands and understanding what factors help or hurt your chances.
Q: “What are my chances of winning an appeal?”
A: This depends entirely on your specific case. We'll give you an honest assessment based on the following:
Factors that help your chances:
– Clear legal errors by the trial court
– Properly preserved objections
– Strong supporting evidence
– Favorable legal precedent
– Constitutional violations
Factors that hurt your chances:
– Discretionary decisions by the judge
– Unpreserved issues
– Credibility determinations
– Harmless errors
– Agreed judgments
We'll help you understand exactly where your case stands.
Q: “What kind of issues usually win on appeal?”
A: Successful appeals often involve:
In Family Law:
– Incorrect legal standards
– Property valuation errors
– Support calculation mistakes
– Custody factor misapplication
– Procedural violations
In Criminal Cases:
– Constitutional violations
– Evidence admission errors
– Sentencing mistakes
– Jury instruction problems
– Ineffective assistance of counsel
Understanding the Process
The appeals process can feel like navigating a maze, especially if you've never been through it before. It's different from what you experienced at trial — there's more waiting, other rules, and a whole new set of procedures to follow. While we can't make the process go faster, we can help you understand exactly what's happening at each stage and what to expect next. Let's break down what your journey through the appeals process might look like.
Q: “How long will my appeal take?”
A: Most appeals take 6-12 months from start to finish. Here's a typical timeline:
Month 1:
– Initial consultation
– Notice of Appeal filing
– Transcript ordering
– Strategy development
Months 2-3:
– Record preparation
– Issue identification
– Research completion
– Brief writing
Months 4-6:
– Opposition response
– Reply brief
– Oral argument (if granted)
Months 7-12:
– Court consideration
– Decision issuance
– Post-decision options
Q: “What happens during my appeal?”
A: Your appeal will go through several stages:
- Preparation Stage:
– Case evaluation
– Strategy development
– Document gathering
– Timeline planning
- Filing Stage:
– Notice of Appeal
– Transcript requests
– Record preparation
– Initial documents
- Briefing Stage:
– Legal research
– Argument development
– Brief writing
– Response handling
- Decision Stage:
– Oral argument (possibly)
– Court review
– Opinion issuance
– Next steps planning
Understanding Evidence and Arguments
One of the most frustrating things about appeals is that you usually can't present new evidence — even if you've found something that could change everything. Clients often come to us with new documents, witnesses, or evidence discovered after trial, only to learn that appeals work differently. Understanding these limitations from the start helps you focus on what really matters in your appeal: the legal errors that occurred during your trial.
Q: “Can I present new evidence on appeal?”
A: Generally, no. Appeals focus on legal errors using evidence that was presented at trial. However, there are rare exceptions:
When new evidence might be considered:
– Newly discovered evidence
– Evidence of fraud
– Jurisdictional issues
– Constitutional violations
This limitation is why it's crucial to:
– Present all evidence at trial
– Make proper objections
– Create a clear record
– Preserve issues properly
Q: “What arguments work best on appeal?”
A: The most successful arguments typically involve:
Legal Errors:
– Misapplication of law
– Constitutional violations
– Procedural mistakes
– Jurisdictional problems
Factual Errors:
– Insufficient evidence
– Clear factual mistakes
– Unsupported conclusions
– Missing required findings
We'll help identify your strongest arguments.
Understanding Outcomes
Winning an appeal doesn't always mean getting everything you want. Sometimes, it means a new trial, sometimes a modified order, and sometimes a complete victory. Understanding the range of possible outcomes helps you set realistic expectations and make informed decisions about your appeal. Whether you win or lose, you'll need to know what comes next and what options are still available to you.
Q: “What happens if I win my appeal?”
A: The outcome depends on the type of error found. Possible results include:
Complete Victory:
– Judgment reversed
– New trial ordered
– Case dismissed
– Direct relief granted
Partial Victory:
– Some issues reversed
– Additional hearings ordered
– Modified judgment
– Clarified orders
Either way, we'll help you understand:
– What the decision means
– What happens next
– Your available options
– Timeline for relief
– Implementation steps
Q: “What if I lose my appeal?”
A: Several options might still be available:
Further Appeals:
– Petition for rehearing
– Transfer to Supreme Court
– Federal court review
– Constitutional challenges
Alternative Approaches:
– Settlement negotiations
– Modified requests
– Alternative remedies
– Future modifications
Practical Concerns
Beyond the legal complexities, appeals raise many practical questions about how to handle your daily life while the case is pending. You might be wondering about following current orders, managing relationships, or planning for different outcomes. These practical concerns are just as significant as the legal issues and deserve straightforward answers. Let's address some of our clients' most common practical questions during appeals.
Q: “Do I need a different lawyer for my appeal?”
A: While not required, having an appellate specialist often helps for the following reasons:
Appeal Advantages:
– Specialized knowledge
– Fresh perspective
– Focus on legal issues
– Writing expertise
– Strategic approach
We work closely with trial attorneys to:
– Maintain continuity
– Share insights
– Coordinate strategy
– Protect relationships
– Maximize results
Q: “What should I do while my appeal is pending?”
A: Several things are important:
Legal Matters:
– Follow current orders
– Preserve evidence
– Meet obligations
– Maintain records
– Report changes
Personal Matters:
– Stay informed
– Be patient
– Manage expectations
– Plan for outcomes
– Consider alternatives
We'll guide you through each step.
Q: “How involved will I be in the appeal?”
A: Your involvement can vary based on:
Required Input:
– Initial information
– Document review
– Strategy decisions
– Update meetings
– Final choices
Optional Involvement:
– Brief review
– Argument attendance
– Regular updates
– Strategy discussions
– Future planning
You decide how much you want to be involved, and we'll accommodate your preferences.
Working with Attorneys
When You Should Contact an Appellate Attorney
Contact an appellate attorney immediately if:
- You've just received an unfavorable final order
- You believe the judge made legal mistakes
- Your trial attorney suggested an appeal
- The other side is appealing
- You're approaching the 30-day deadline
Even if you're unsure about appealing, a consultation can help you understand your options and make an informed decision.
Working With Your Trial Attorney
We often meet clients who worry that considering an appeal might upset their trial attorney. We want to put those concerns to rest. Many of Indiana's best trial attorneys regularly refer appeals to us because they understand that appeals require a different set of skills and a fresh perspective. Just as you might see a specialist doctor for a specific medical condition, having an appellate specialist can give you the best chance at success while maintaining a strong relationship with your trial attorney.
We respect the relationship between trial attorneys and their clients. When we handle appeals on referral:
– We keep trial counsel informed
– We coordinate strategy together
– We protect the client relationship
– We share materials and insights
Taking the Next Step
We know you're facing one of the most challenging decisions of your life. The court's order might feel like a heavy weight on your shoulders, and the idea of starting an appeal might seem overwhelming. But you don't have to figure this out alone. The first step is simply reaching out for help — getting the information you need to make an informed decision about your future.
When you're ready to take that step, here's what to do:
- Call us at (317) 210-2000 for a consultation
- Gather your court orders and important documents
- Write down your concerns and questions
- Be ready to discuss what happened in your case
During your consultation, we'll:
– Review your case details
– Explain your appeal options
– Assess potential outcomes
– Outline expected costs
– Develop an initial strategy
About Ciyou & Associates
When you're facing one of the most challenging moments of your life, experience matters. For over 28 years, we've stood beside Indiana residents as they've fought for their families, their freedom, and their futures through the appeals process. We focus exclusively on family law and criminal appeals because we believe in making a difference where it matters most — in the lives of people like you.
We've chosen this focus because we understand the profound impact these cases have on real people. Whether it's a parent fighting for time with their children, someone facing imprisonment, or a person whose financial future hangs in the balance, we know that behind every appeal is a human story that deserves to be heard.
Our approach is simple:
– We give honest assessments
– We explain things clearly
– We fight for your rights
– We keep you informed
– We focus on results
Contact us at https://ciyoulaw.com#contact to learn more about our appellate practice, or call (317) 210-2000 to schedule your consultation. Don't let an unfavorable court order be the final word in your case.
