Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude of questions and concerns surrounding the process of appellate law. In this blog, we look to provide a general overview of the appellate process in Indiana, and its application to appealing summary judgment rulings.
Trial Rule 56
Summary judgements in Indiana are governed by Indiana Trial Rule 56.
Rule 56(C) provides that summary judgment shall be granted if the designated evidentiary matter shows:
- There is no genuine issue as to any material fact; and
- The moving party is entitled to judgment as a matter of law.
Standard of Review of Appeal
Indiana appellate courts review summary judgement rulings de novo, this means:
- The appellate court applies the same Rule 56 standard as the trial court.
- No deference is given to the trial court’s legal conclusions.
- All reasonable inferences are drawn in favor of the nonmoving party.
- Only properly designated evidence is considered.
Rule 56(C) – What can be designated?
- Pleadings
- Depositions
- Answers to interrogatories
- Admissions
- Matters of judicial notice
- Any other matters on which a party relies for purposes of the motion
Rule 56(E) – Affidavit requirements
- Made on personal knowledge
- Sets forth such facts that would be admissible in evidence
- Shows affirmatively that the affiant is competent to testify to the matters stated
What Does it Mean to “Designate” Evidence?
Under Trial Rule 56(C), parties must specifically identify the evidence they want the court to consider.
Indiana courts do not search the record on a party’s behalf. If evidence is not designated, it is not considered, even if it appears elsewhere in the file.
Proper designation should:
- Identify the specific document (e.g., deposition, affidavit, exhibit)
- Cite the relevant page and line numbers where applicable
- Be filed within Rule 56 deadlines
Improper designation includes:
- Citing entire depositions without pinpoint references
- Referring generally to “the record”
- Relying on argument in a brief instead of evidence
- Attempting to rely on materials not filed with the motion or response
On appeal, the Court of Appeals reviews only the evidence that was properly designated to the trial court.
What Works on Appeal?
Successful summary judgment appeals in Indiana often involve:
- The trial court weighed evidence or resolved credibility disputes.
- The trial court relied on evidence that was not properly designated.
- The court granted judgment on grounds not raised in the motion.
- The issue on appeal is purely legal (e.g., statutory interpretation or contract construction).
What Doesn’t Work on Appeal
Common unsuccessful arguments include:
- Re-arguing the facts without tying them to material elements.
- Claiming “there are issues of fact” without identifying where in the designated evidence those issues appear.
- Relying on evidence that was not designated below.
- Failing to challenge every independent ground supporting the judgment.
- Framing the appeal as a fairness argument rather than a Rule 56 analysis.
It is important to note that the above information is general in nature, and know that there are exceptions to almost every rule. Appeals are complex matters, often times turning on the specific facts of each case. This area of practice is extremely technical, and obtaining skilled counsel is often key to navigating the complex waters of appeals. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle all types of appeals, be it civil or criminal, throughout Indiana. This blog is intended for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.
