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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
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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.

Can I Get Visitation with My Grandchildren After Their Parents Divorce?

On Behalf of Dixon & Moseley, P.C. | Dec 7, 2025 | Uncategorized

Divorce can be a complicated journey, filled with tough decisions about custody, finances, and even who gets to keep the family pet. However, one critical aspect often overlooked is the impact of divorce on grandparent visitation rights. How will grandparents maintain their cherished relationships with their grandchildren once the dust settles? In Indiana, the Grandparent Visitation Act (IC §31-17-5-1) provides…

Comprehensive Appeal Services: We Handle It All

On Behalf of Dixon & Moseley, P.C. | Nov 25, 2025 | Uncategorized

When it comes to navigating the appellate process, having a law firm that can manage every detail from start to finish is crucial. Appeals are far more complex than many realize, and they require an experienced team that can take care of all aspects of the case, ensuring nothing is overlooked. At our firm, we pride ourselves on providing comprehensive…

What is an LLC and Should I Have One

On Behalf of Dixon & Moseley, P.C. | Nov 6, 2025 | Uncategorized

Starting a business is an exciting endeavor, but deciding how to structure that business can be overwhelming. One of the most popular business structures for business owners today is the Limited Liability Company (LLC). Whether you’re just starting out or thinking about restructuring an existing business, understanding the benefits of forming an LLC can help you make an informed decision…

Can I use AI to Solve Legal Issues/Represent Me?

On Behalf of Dixon & Moseley, P.C. | Oct 22, 2025 | Uncategorized

Artificial Intelligence is now entering many parts of our lives, sparking conversations around the globe. Its influence is seen in various fields, from generating digital artwork and optimizing logistics routes to now making inroads into the legal sector. While many appreciate AI as a valuable resource or a source of inspiration, it cannot substitute for experienced attorneys who grasp the…

[nap_names id="FIRM-NAME-1"] Attorneys Included On 2025 Indiana Super Lawyers And Rising Stars Lists

On Behalf of Dixon & Moseley, P.C. | Feb 20, 2025 | Uncategorized

Dixon & Moseley is pleased to announce that two attorneys were included on the 2025 Indiana Super Lawyers and 2025 Rising Stars lists. Julie C. Dixon has been selected to the 2025 Indiana Super Lawyers list for Family Law. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super…

What is a Gray Divorce in Indiana?

On Behalf of Dixon & Moseley, P.C. | Feb 5, 2025 | Uncategorized

Gray divorce is a term that refers to divorce of couples that are 50 or older. Gray divorces have become increasingly common since the 1990s. A gray divorce could come from couples with a long-term marriage, a late-in-life first-time marriage, or who are in subsequent marriages. Each gray divorce, like all marriages and divorces, presents their own unique challenges when…

The Divorce Process: What to Expect

On Behalf of Dixon & Moseley, P.C. | Jan 8, 2025 | Uncategorized

The divorce process can be a very stressful, confusing, and emotional time in anyone’s life. During a divorce many important and potentially contentious issues, like dividing property and child custody, will be decided. With everything that goes on during a divorce, questions can arise about what to expect while going through the process. While it’s important to know every divorce…

The Impact of Social Media on Family Law

On Behalf of Dixon & Moseley, P.C. | Jan 8, 2025 | Uncategorized

Divorces and child custody disputes can raise a lot of questions, especially regarding social media. A common question is “can my ex use my social media posts in court?” In short, yes. We all know actions on social media can have real life consequences and that can extend into your family law case. Social media posts have become a common…

Depositions: What to Expect and What to Know

On Behalf of Dixon & Moseley, P.C. | Dec 11, 2024 | Uncategorized

When in the discovery phase of your trial, you may be called for a deposition. A deposition is used as a part of the discovery process and has the potential to be used at trial. A deposition is a witness’s sworn out-of-court testimony. In a deposition, you will be put under oath and the opposing party’s attorneys will ask you…

Five Tips to Prepare You For Your Next Hearing

On Behalf of Dixon & Moseley, P.C. | Dec 9, 2024 | Uncategorized

Whether it is your first time, or your hundredth time, going to court can be a stressful experience. If it is your first time, it’s natural to be nervous about what to expect and to want to be prepared for your day in court. Many unexpected things can come up in court so it’s best to be as prepared as…

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