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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. My Appeal Brief is “Defective?”: Common Defects and What It May Mean to Your Case

My Appeal Brief is “Defective?”: Common Defects and What It May Mean to Your Case

On Behalf of Dixon & Moseley, P.C. | Feb 10, 2016 | Appellate Practice, Civil Appeal, Criminal Appeals, Indiana Court of Appeals

Indiana’s appellate court’s are adapting with the times and requirements for open access to courts as guaranteed by the Indiana Constitution. Appeals to the Indiana Court of Appeals, Indiana’s primary intermediate court are made uniform to expedite the appellate process and ensure uniformity in review on-line and in paper format by the Clerk issuing a “Notice of Defect” for briefs that other filings that do not closely follow the Appellate rules.

In this blog post, common defects are discussed and what they mean in terms of the appeal and corrective action. As a threshold matter, the Indiana Court of Appeals exists to serve litigants who desire a higher level of review by a three judge panel. Thus, defects (failure to follow the Indiana Rules of Appellate Procedure) are serious, but usually able to be corrected. Failure to correct a Notice of Defect may subject the appeal to dismissal.

Three common defects are: failure to provide a sufficient number of copies; demonstrate the other side was served with the filing, or form of the briefing. These defects may be corrected. With regard to sufficient copies, there are 15 judges on the Indiana Court of Appeals plus a number of supporting arms of the Court. Thus, a specific number of copies must be provided in order to provide to the requisite court or staff. Failure to do so will result in a defect, which means the document is not filed until a sufficient number of copies are provided.

Another common, but perhaps more serious issue, arises when a document or brief lacks a certificate of service. This is to ensure the opposing parties have a copy of the filing for response or timely response. This is a due process issue whereby parties and their counsel are entitled to know the status of a case and act in accordance with the law. Thus, the document may have to be re-served or evidence provided to all parties of the suit to be notified of the filing.

Finally, the Indiana Court of Appeals handles thousands of appeals and motions and other filings each year. All have page limits, and other formatting requirements. Briefs have color-coded covers to ensure easy identification. Failure to follow these rules impedes the Court and may slow the appellate process. Thus, a Notice of Defect may be issued for a variety of form deficiencies under the Appellate rules.

The main points to glean from this blog is that Notice of Defects ensure orderly, timely and uniform appeals to aid the Court of Appeals in serving those who come before Indiana trial courts. Most can be corrected, but failure to do so may cause dismissal. Notices of Appeals thus put litigants on the same level as all other appeals. Appeals are rule driven and given a substantial amount of attention so they must be right.

We hope you find this blog post useful if you are in the appellate process, considering an appeal, or want to be a more educated citizen. This blog was written by attorneys at Dixon & Moseley, P.C. who practice throughout the State and handle appeals of all appealable orders of Indiana trial courts. This blog is not intended to solicit specific legal consumers or provide legal advice. It is advertising material.

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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