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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
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  5. So, You Have an Argument in The Court of Appeals: Now What?

So, You Have an Argument in The Court of Appeals: Now What?

On Behalf of Dixon & Moseley, P.C. | Oct 26, 2017 | Civil Appeal, Criminal Appeals, Indiana Court of Appeals

On its own motion or granting of a Motion for an oral argument, the Indiana Court of Appeals may have the litigants, by counsel, make its argument before the judges who will normally decide the opinion. At a recent CLE, two seasoned Court of Appeals judges shared wisdom for making the best oral argument. Dixon & Moseley P.C. conducts arguments in the Court of Appeals and share this blog post with you.

First, it may seem like a basic and no-need-to-be said rule: but show up on time and be prepared. Normally, for first-timer lawyers, this means physically visiting the court in advance, watching oral arguments online, and “mooting” or practicing the argument raised in the brief before. Other skilled appellate advocates are normally more than willing to assist with playing the role of the other side and judges to posit the hard-to-answer questions in advance. So the oral argument should be ready to go long before entering the Court.

Second, most oral arguments are permeated by questions from the judges shortly after the appellant begins arguing. The appellant should anticipate these and answer the questions and then return to the argument. Stammering and stuttering reflect a lack of preparation on the logical permutations of the question or Court or weakness of your position. Preparation and more preparation is the key.

Third, the Court of Appeal (and Supreme Court) are steeped in tradition. This means that while they too are open to the public, the counsel table for the attorneys is for the attorney, not his or her client. They must sit in the gallery. Outbursts or interruptions from litigants weaken the oral argument and may cause removal from the Courtroom.

Fourth, while the time with the Court is called “oral argument”, the question from the Court judges and responses are for answers, not arguing with the judge. An attorney may respectfully disagree with a judge on occasion, but not “argue” he or she is wrong. Three judges are well prepared in advance for the case and know the importance to the litigants, attorneys, and our body of law in Indiana.

Fifth, a point the Court of Appeals judges went to great lengths to make is that the case is not decided before the oral argument. Thus, for the litigant who is paying for the oral argument and its preparation, involved with helping the attorney sharpen his or her knowledge of the facts of the case before the oral argument, or bound by the outcome when decided unless reversed by a higher court, oral argument is, well, very important.

While the majority of cases decided by the Court of Appeals do not involve oral arguments, if your case is selected or you are considering whether to ask for an oral argument, it is important to understand the key importance, rules, preparation, and implications of an oral argument. Dixon & Moseley, P.C. advocates are extensively involved with civil, domestic, and criminal appeals in Indiana the Seventh Circuit, and the oral arguments they may generate. This blog post is written for general information and is not intended as legal advice or a solicitation for 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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