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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.

Considering Divorce: The Big 9 Financial Planning Checklist

On Behalf of Dixon & Moseley, P.C. | Jun 28, 2023 | Uncategorized

Considering divorce can be a difficult decision, and one that should not be taken lightly. Apart from the emotional and personal aspects of a divorce, there are also many financial considerations that should be taken into account. Here is a checklist of the big 9 financial planning considerations to keep in mind when considering divorce from a legal perspective. 1.…

Common Courtroom Mistakes That Can Hurt Your Case

On Behalf of Dixon & Moseley, P.C. | Jun 28, 2023 | Uncategorized

Going to court can be a stressful and intimidating experience, especially if you’re not familiar with the legal system. However, there are common mistakes that people make in the courtroom that can negatively impact their case. In this post, we’ll discuss five common courtroom mistakes that you should avoid to ensure the best outcome for your case. Not Being Prepared…

Memorial Day Holiday

On Behalf of Dixon & Moseley, P.C. | May 25, 2023 | Child Custody, Child Support, Parental Rights

A Child Development Perspective on Co-Parenting During the Memorial Day Holiday as Divorced Parents Navigating holidays can be a delicate task for divorced parents, especially when it comes to Memorial Day, a time of remembrance and family gatherings. As legal professionals, we understand the importance of prioritizing children’s well-being in such situations. In this blog post, we’ll explore strategies and…

What is Joint Custody in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 26, 2023 | Custody Evaluation

In Indiana, custody is divided into two distinct categories: physical custody and legal custody. Physical custody simply means the physical care and supervision of a child. Legal custody, on the other hand, determines who can make major decisions in the child’s life, such as religion, schooling, and medical care. Joint custody refers to a custody arrangement where both parents share…

4 Real-life Situations When A Family Law Attorney Can Help

On Behalf of Dixon & Moseley, P.C. | Apr 17, 2023 | Child Support, Divorce, Family Business, Family Law

Life is full of milestones. Some are joyful and anticipated, like births, adoptions and marriages. But others can catch us by surprise or stir up complicated feelings, like losing a loved one or ending a marriage. A family law attorney, like the team at , can help protect your assets and offer you and your family peace of mind. Read…

When can I modify custody in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 6, 2023 | Child Custody, Child Support, Custody Evaluation, Custody Mediation, Custody Modification, Custody Relocation, De Facto Custodian, Family Law

As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to Indiana to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more…

What Happens After an Appeal Is Dismissed?

On Behalf of Dixon & Moseley, P.C. | May 24, 2022 | Appellate Practice, Civil Appeal, Criminal Appeals

Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate process. This can leave many with a multitude…

What Are the Decisions an Appellate Court Can Make?

On Behalf of Dixon & Moseley, P.C. | May 19, 2022 | Appellate Practice

Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate process. This can leave many with a multitude…

Estate Planning During a Divorce: Three Key Considerations

On Behalf of Dixon & Moseley, P.C. | May 17, 2022 | Division of Assets, Divorce, Family Law, Real Estate

What is estate planning and why does estate planning for divorce matter? Estate planning may be just one of many critical financial aspects to manage during a highly stressful time; however, because estate planning can have long-term ramifications for your children and loved ones, it must be a top priority. Here are three key considerations regarding estate planning for divorce:…

What Are the Chances of Winning an Appeal in Custody?

On Behalf of Dixon & Moseley, P.C. | May 12, 2022 | Child Custody, Family Law

A common question we hear from clients and prospective appellate is “what are my chances of winning an appeal?” Unfortunately, there is no hard and fast answer to that question due to the fact-sensitive nature of the appellate process. However, there are some general rules and considerations a person can keep in mind when weighing their chances of success on…

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