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Dixon & Moseley | Attorneys At Law
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    • Julie C. Dixon
    • Alexander Moseley
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  5. Five Things Not To Do In Court

Five Things Not To Do In Court

On Behalf of Dixon & Moseley, P.C. | May 13, 2015 | General Practice

There is an old adage that states “you only get one chance to make a first impression.” Any judge or attorney will tell you the first impression a trial court judges gets of you is important. This is not to say a miscue will cause you to lose. On the other hand, if such is furthered by additional behaviors, it may speak to your credibility, which trial court judges are charged to weigh in deciding the case under the law and burdens of proof.

However, all of us have unintended behaviors, mostly non-verbal, we are unaware of at least at any specific time. You should take great care to avoid such; judges are keenly aware of these, and every attorney has had his or her client admonished by a judge not to do such:

  • Making inappropriate facial expressions. These may range from un-intended “winces” to intentional acts, such as making a face. If you are prone to this at least make your facial expressions neutral.
  • Mouthing. As childish as it may sound, litigants sometimes lose sight of the fact they are in a court of law and mouth a derogatory word to an opposing litigant. This often happens during face-to-face contact during testimony.
  • Sighing. Sighing (audible) with a corresponding hand gesture, such as waiving off the statement is also a common behavior in life, but has no place in the court room. Don’t do it.
  • Blurting out. Although less common, sometimes a litigant will blurt out an explicative or the term “liar” in response to testimony. This is perhaps the best way to do irreparable harm to your case.
  • Writing furiously. Some litigants write furiously in response to adverse testimony, which is distracting to the counsels and the judge. If you need to communicate with your attorney, do so in a way that is not disruptive and is legible.
  • In some cases, this can be some chronic or dramatic that interferes with the court’s operations. This may subject you to direct contempt of court and fine or incarceration.1 You paid and waited for your day in court. Make a good impression.

    This blog post is written by attorneys at Dixon & Moseley, P.C. and is for general educational purposes only. It is not legal advice, or solicitation for legal services. Dixon & Moseley, P.C. attorneys handle civil and criminal appeals from all Indiana state trial courts, Seventh Circuit Court of Appeals, or United States Supreme Court.

  • Hopping v. State, 637 N.E.2d 1234 (Ind.1994).
  • 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...

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    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,...

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    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...

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    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...

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    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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    • 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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