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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. Avoiding Key Mistakes In Civil Appeals Made To The Indiana Court Of Appeals

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

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2015 | Appellate Practice, Indiana Court of Appeals, Supreme Court

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 Dixon & Moseley, P.C. who handle appeals for clients across Indiana to the Indiana Court of Appeals and Supreme Court.

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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