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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
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  5. Appeals: Stay? Just a fancy word for Stop.

Appeals: Stay? Just a fancy word for Stop.

On Behalf of Dixon & Moseley, P.C. | Nov 6, 2014 | Appellate Practice

All final orders of Indiana trial courts are appealable by right, meaning that the Court of Appeals must review the merits of your appeal and issue a Decision.1 The Supreme Court (of Indiana or the United States) has discretionary review of most types of cases (there are some that the Supreme Court must review, mostly related to criminal matters), and thus the review by the Supreme Court of a Court of Appeals opinion is by permission of the Supreme Court.2

So you have decided to appeal an unfavorable trial court order, what happens while you wait for a decision from the Court of Appeals? You have to follow the court order. The reason you have to follow the trial court order, no matter how much you believe, or have sound legal argument, that it does not comply with the law is that the order is controlling until another higher court issues a decision or opinion otherwise.

The trial court order goes into effect immediately when issued by the trial court.3 This ‘unfairness’ of an order unfavorable to your position going into effect even during the appeal process is generally an issue in criminal cases and child custody modifications. This could be especially concerning if the court order requires custody to be modified and a child move from one home to another or from one state to another. This could cause a total upheaval in a child’s life in the interim, even if the order is later reversed.

If you have chosen to file an appeal of the final trial court order, and if the trial court order going into effect immediately would cause irreparable harm, you may want to consider requesting a stay. A “stay” is a fancy word for stop. A “stay” effectively stops the order from taking effect until after the Court of Appeals issues an opinion (or all appeals are exhausted).

The first step is to request a stay pending appeal with the trial court; the same court that issued the final order you are appealing.4 The trial court may grant or deny your request from the motion itself, have a hearing, or do nothing. If the trial court denies your requested for a stay pending appeal (which is often the case), or fails to make any ruling, you may then request a stay pending appeal with the Court of Appeals.5

The Court of Appeals will grant or deny your request usually based only on the pleadings (Motion), and will not generally order a hearing on the matter. It is important to keep in mind that the denial or granting of a Motion to Stay pending appeal is not indication of the final outcome of the appeal itself. A stay merely allows a trial court order to not go into effect until the Court of Appeals fully reviews the case and issues a decision thereon.

We hope that you have found this information to be helpful in understanding what Stays are, and how they affect your appeal and final order. This is not intended to be legal advice. If you have questions or concerns about your specific case, Dixon & Moseley, P.C. can help evaluate your specific case. This blog post was written by Attorney, Lori B. Schmeltzer.

  • Indiana Rules of Appellate Procedure, Rule 5(A)
  • Indiana Rules of Appellate Procedure, Rule 4(A)(2)
  • Indiana Rules of Appellate Procedure 39(A)
  • Indiana Rules of Appellate Procedure 39(B)
  • Indiana Rules of Appellate Procedure 39(C)
  • Indiana Rules of Appellate Procedure 39(F)
  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

    An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

    What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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    Recent Posts

    • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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