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

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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. | Oct 2, 2024 | 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…

Summer Parenting Time

On Behalf of Dixon & Moseley, P.C. | Mar 26, 2024 | Uncategorized

REMINDER SUMMER PARENTING TIME SELECTIONS DUE BY APRIL 1ST IN INDIANA AND 8 STRATEGIES FOR SELECTION OF SUMMER PARENTING TIME Summer vacation offers a unique opportunity for children and their parents to spend quality time together, but for separated or divorced families, planning can be complex. The Indiana Parenting Time Guidelines, like those in many jurisdictions, aim to ensure that…

Dividing Businesses, Investments and Real Property in Divorce

On Behalf of Dixon & Moseley, P.C. | Feb 12, 2024 | Uncategorized

In the complex world of divorce, high asset cases in Indiana present a unique set of challenges and opportunities. As attorneys focusing in family law at , we’ve seen the impact a well-navigated divorce can have on the future well-being of all involved parties. High asset divorces aren’t just about large sums of money or property; they’re about carefully untangling…

Demystifying the Indiana Child Support Obligation Worksheet: Expert Insights from Our Attorneys

On Behalf of Dixon & Moseley, P.C. | Dec 4, 2023 | Uncategorized

When parents decide to divorce or separate, figuring out the financial dynamics, especially concerning child support, becomes paramount. In Indiana, child support determinations are aided by the Indiana Child Support Obligation Worksheet. Our experienced attorneys have come together to break down the intricacies of this worksheet, offering a clearer perspective for parents navigating this path.   What is the Indiana…

5 ways co-parents can keep the peace during the holidays

On Behalf of Dixon & Moseley, P.C. | Nov 16, 2023 | Uncategorized

The holidays are a time to make lasting memories with your kids. After a divorce or separation, knowing how to celebrate can be challenging, but many co-parents are finding ways to create new traditions and make it a joyous season all the same. Inevitably, the holidays will feel and look a little different for kids and adults, but it doesn’t…

The Intersection of Family Law and Mental Health

On Behalf of Dixon & Moseley, P.C. | Oct 19, 2023 | Uncategorized

In today’s complex world, the interconnected nature of family law and mental health is more apparent than ever. Our law firm, deeply committed to the wellbeing of families in Indiana, continuously seeks to shed light on this pivotal intersection. This article delves into how mental health issues can significantly impact various aspects of family law, including marriage, divorce, child custody,…

Dividing Fall Break for Shared Custody Families in Indiana

On Behalf of Dixon & Moseley, P.C. | Oct 5, 2023 | Uncategorized

Across Indiana, families eagerly anticipate fall break, a great opportunity to spend quality time together. But for families navigating shared custody, dividing this time can pose unique challenges. Striking a balance that ensures a fulfilling and fun break for the children, while also being fair to both parents, requires effective communication and planning. Here’s a guide to help shared custody…

Misdemeanors vs. Felonies in Indiana: A Comprehensive Breakdown by Our Expert Attorneys

On Behalf of Dixon & Moseley, P.C. | Oct 5, 2023 | Uncategorized

Understanding the legal landscape, especially concerning criminal charges, is crucial for anyone facing the Judicial System or simply wanting to be informed. In Indiana, as in many states, criminal offenses are categorized primarily into misdemeanors and felonies. Our experienced attorneys are here to delineate the key distinctions between these two categories, offering a clearer lens through which Indiana residents can…

Attorneys tell all about protective orders in Indiana

On Behalf of Dixon & Moseley, P.C. | Aug 15, 2023 | Uncategorized

Safety and peace of mind are priceless. However, most of us don’t give them a second thought on a day-to-day basis. No one expects to find themselves in a dangerous or potentially harmful situation – but it can happen to anyone. And for those times, the Indiana Civil Protective Order Act is there to help protect you.  It is important…

I am Getting Divorced in Indiana. How Long is This Going to Take?

On Behalf of Dixon & Moseley, P.C. | Jul 18, 2023 | Uncategorized

Understanding the timeline of a divorce process is crucial when you’re planning the next phase of your life. The attorneys at Dixon & Moseley, PC, have worked with numerous clients going through the emotional and logistical complexities of divorce. Many come to us asking: “How long is this going to take?” While it’s not possible to give a definitive answer…

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