Dixon & Moseley | Attorneys At Law

Call For A Consultation: 317-350-4108

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 317-350-4108

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Appellate Practice
  4.  | 
  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.

How Retirement Accounts Are Divided in an Indiana Divorce

On Behalf of Dixon & Moseley, P.C. | Feb 3, 2026 | Uncategorized

One of the most stressful—and often misunderstood—parts of a divorce is what happens to retirement accounts in a divorce. For many people, their 401(k), pension, or IRA is the largest asset they own besides their home. The thought of splitting it with their soon to be former spouse can feel overwhelming. Understanding how Indiana courts divide retirement accounts can help…

Can a Child Choose Which Parent to Live With in Indiana?

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

In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented…

Indiana Protective Orders Explained: A Guide to the Indiana Civil Protection Order Process

On Behalf of Dixon & Moseley, P.C. | Jan 22, 2026 | Uncategorized

Protective orders in Indiana are designed to protect individuals from domestic violence, stalking, harassment, and threats. Whether you are seeking a protective order or have been served with one, understanding Indiana’s protective order laws is essential to protecting your rights and avoiding serious legal consequences.   What Is a Protective Order? A protective order is a civil court order issued…

What Is a Custody Evaluation in Indiana—and When Is It Used?

On Behalf of Dixon & Moseley, P.C. | Jan 20, 2026 | Uncategorized

When parents cannot agree on legal custody, physical custody, or parenting time, Indiana courts have several tools available to help determine what arrangement best supports the child’s well‑being. One of the most significant of these tools is a custody evaluation. Although not required in every case, custody evaluations can play a pivotal role when disputes are complex, high‑conflict, or involve…

The Final Verdict Before Trial: Understanding Summary Judgment in Indiana

On Behalf of Dixon & Moseley, P.C. | Jan 15, 2026 | Uncategorized

When you enter a civil lawsuit, your immediate concern is often the trial. However, many cases, even high-stakes litigation, may never see a jury. Instead, they are decided much earlier through a powerful pre-trial procedure known as Summary Judgment. This motion is a critical battleground in Indiana courts and understanding its purpose and standard is essential for every client.  …

Guide to Child Relocation in Indiana

On Behalf of Dixon & Moseley, P.C. | Jan 13, 2026 | Uncategorized

Making the decision to move, whether it’s for a new job, to be closer to family, or for a fresh start, is often exciting, but it becomes complicated quickly when children are involved in a case with established custody or parenting time orders. In Indiana, moving with children is not a simple choice; it is a serious legal procedure governed…

Should I Appeal my Court Case?

On Behalf of Dixon & Moseley, P.C. | Jan 8, 2026 | Uncategorized

If you believe the outcome of your case is unfair or incorrect, you may have the option to file for an appeal. The appellate process in Indiana differs significantly from the trial court procedures you may have experienced. Below is an overview of key points you should know: Timeline: In Indiana, you have 30 days from the date of the…

Living Together: Why Unmarried Couples Need a Cohabitation Agreement

On Behalf of Dixon & Moseley, P.C. | Jan 5, 2026 | Uncategorized

Couples living together without the formality of marriage, otherwise known as cohabitation, is increasingly common in Indiana and across the country. While moving in with a partner is an exciting step, it’s critical for couples to understand a core legal reality: Cohabitation does not grant the same rights and protections as marriage in Indiana. For unmarried partners, a Cohabitation Agreement…

Understanding the 4th Amendment and Indiana Article 1, Section 11: Protection Against Unlawful Searches and Seizures

On Behalf of Dixon & Moseley, P.C. | Dec 18, 2025 | Uncategorized

If you ever find that you were subjected to an unlawful search or seizure, it’s crucial to understand your rights and take action to protect them. Two key provisions, the 4th Amendment of the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution, serve as vital protections for individuals against unreasonable searches and seizures by the government. Both…

Decoding Discovery: What You Need to Know as a Client in an Indiana Lawsuit

On Behalf of Dixon & Moseley, P.C. | Dec 11, 2025 | Uncategorized

Being involved in a lawsuit, whether as a plaintiff or a defendant, can feel overwhelming. Once the initial pleadings are filed, you enter a crucial phase called Discovery. This is often when you, the Plaintiff or Defendant, start getting asked detailed questions and asked to provide documents. It’s normal to feel confused or even defensive about these requests, but understanding…

« Older Entries
Next Entries »

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)

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Reach Out Now For A Confidential Consultation

Dixon & Moseley | Attorneys At Law

Office Address

50 East 91st Street
Suite 200
Indianapolis, IN 46240

  Indianapolis Law Office

Phone Number

317-350-4108

  • Follow
  • Follow

© 2026 Dixon & Moseley, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us
Pay Online