Call Now

Call Now

Call Now


Avoiding Key Mistakes In Civil Appeals Made To The Indiana Court Of Appeals

Under the Indiana Constitution, every litigant is entitled to one appeal as a matter of right. As a general rule, these are taken to the Indiana Court of Appeals, fifteen judges located in Indianapolis, Indiana. Three decide each case.

Appeals are presented to the court from final orders (or certain temporary or interlocutory orders) in a written booklet form. There are several standard sections set forth in the Indiana Rules of Appellate Procedure.

An important section is the “Statement of the Facts.” Many appellate briefs are not consistent with the rules and the facts are argumentative. The facts must be objective and favorable to the trial court’s ruling. Weighing facts is not something the Court of Appeals does in review.

In addition, the facts must be cited to the Record, which is the transcript of testimony and exhibits an appendix of certain other material, such as motions filed in the case. Where facts have been left out in trial, they cannot be placed in an appellate brief. Failure to follow this rule, if the violations are extreme, may subject the appeal to dismissal. Such also deflects from the merits of the appeal.

The statement of the facts ties throughout the brief based on the issues raised. Legal issues may have very limited facts due to the standard of review. Basically, an error of law applied to the facts of the case and an incorrect decision is given no deference by the Court of Appeals. Conversely, the trial court judge’s observation of the witnesses and determination of credibility is given great weight.

Finally, and related to the facts and law, appeals commonly challenge rulings on admission or exclusion of evidence. As a general rule, a trial court’s decision to admit or exclude evidence is given a great deal of deference by the Court of Appeals. Thus, the better issue on appeal is unanswered questions of law or errors by the trial in mis-application of the law.

Other types of issues may result in relief from the Court of Appeals (i.e., reversal), but these are not as common. The Court of Appeals looks to factual errors and reverses typically where a review of the record and briefing leaves it with a firm conviction a mistake has been made.

We hope you find this blog post useful in understanding Indiana’s appellate process. Indiana’s intermediate appellate court is one of the most efficient and respected in the United States. It handles hundreds of appeals at any one time. This is not intended as specific legal advice or a solicitation of services. This blog post is written by attorneys at Ciyou & Dixon, P.C. who handle appeals for clients across Indiana to the Indiana Court of Appeals and Supreme Court.


We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Dixon & Moseley, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Call Now

Copyright © 2024 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Dixon & Moseley, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Dixon & Moseley, P.C. will guide you every step of the way. The family law attorneys at Dixon & Moseley, P.C. will help you precisely identify your objectives and the means to reach your desired result. Life is uncertain. Be certain of your counsel. Indianapolis Divorce Attorneys, Dixon & Moseley, P.C.

Indianapolis Divorce Attorneys, Dixon & Moseley, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.