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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. Four Things Appellate Judges Want You to Know About Your Trail to Prepare for Appeal

Four Things Appellate Judges Want You to Know About Your Trail to Prepare for Appeal

On Behalf of Dixon & Moseley, P.C. | Oct 24, 2017 | Appellate Practice, Indiana Court of Appeals

On occasion, there are meetings or continuing education classes where the appellate bench and appellate practitioners get to interact and field questions and concerns. This year has been a banner year for these meetings. For the most part, appellate attorneys appeal cases tried by other attorneys and are limited to the record from that proceeding (the testimony and exhibits). This means that conversations in chambers or between counsels or attorneys and litigants that did not make it into the record are not appealable.

First, if you are anticipating litigation or are embroiled in it, there are four general matters that should be considered in trial in case the decision or verdict is appealed. As noted, evidence that did not get presented at trial is not part of the record. This means that no matter the reason, your appellate counsel cannot raise this at trial. If so, even if critical to your position, to state or infer such a fact mischaracterizes the record and may result in dismissal of the case, appellate attorney fees, or ethical sanctions. It is necessary to get your attorney the key facts and that these key facts are presented in the evidence or it may hamstring your appellate attorney.

Second, an argument that the trial court erred is insufficient and lacks analysis. This is likely to be disregarded by the Court of Appeals as “not cogent”. An argument should be made and then supported by facts and inferences from the record (testimony and exhibits) and then supported as to the error made by the trial court by the law—cases, statutes, administrative rules, and other rules and regulations ranging from trial rules to US Supreme Court cases and the Constitution.

Third, and perhaps the most common error is the failure to cite to the law or facts of the record. A statement of the law should have the case, statute, or other legal principles it is based upon properly cited in Bluebook format. The facts or their logical inferences must be cited to the proper places they are contained in the record. Again, failure to do so may result in a range of penalties including dismissal because it impedes or prohibits proper appellate review.

Fourth, and an issue facing the appellee more often than the appellant is making sure the record before the Court is complete. The appellant may not provide the complete transcript, exhibits or appendix with necessary rebuttal material to cite to in the appellee’s brief. Where this is the case, it is the duty of the appellee to supplement the record or this too may impede the Court of Appeals’ review.

Fortunately, as noted by the appellate judges, the Court of Appeals practice standard is precise. However, all of the requirements are set forth clearly and completely in the Indiana Rules of Appellate procedure available on the Indiana Supreme Court’s website. Follow these four rules to ensure your right to appeal your case to the Indiana Court of Appeals. At times, complex cases are aided by trial counsel that also is a skilled appellate attorney to contemplate both processes.

Dixon & Moseley, P.C. attorneys try complex civil, domestic, and criminal cases throughout the state as well as handle numerous appeals to the Indiana Court of Appeals, Indiana Supreme Court, Seventh Circuit and U.S. Supreme Court. We hope this blog helps you understand the key importance of a proper and complete trial record to make the best appeal. If so, it has met its purpose. This blogs is for general educational purposes only and is not a solicitation for legal services. It is an advertisement.

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…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • 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)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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