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Dixon & Moseley | Attorneys At Law
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    • Alexander Moseley
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  5. What You Need to Know and Gather to Prepare for Appeal: The Checklist

What You Need to Know and Gather to Prepare for Appeal: The Checklist

On Behalf of Dixon & Moseley, P.C. | Jun 12, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals, Supreme Court

All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate consult with a new counsel, there are several things you need to gather to make the most of your time with your potential counsel in to order to decide whether to move forward on appeal. This is the topic of this blog post.

The most critical document is the final order. This may be titled in many ways, including, “Special Findings”, “Order”, “Final Judgment”, or likewise. This order, unlike all other orders (called “interlocutory order”) that have issued during litigation, is the one that may be taken to the higher court and challenge the whole case, or a part of it, because it is the “final” order. This order settles the lawsuit and sets forth how money, real property, or custody issues will be apportioned without a change in the order on appeal. Your appellate counsel will need this for many reasons, from determining when the appeal must be filed to beginning to assess appellate issues. Obtain this document as it is the key to your appeal.

A close second to take to an appellate attorney is the Chronological Case Summary (CCS). The CCS is a chronological index that lists what has been filed in the case from the initiation of the lawsuit to this final judgment (and many times, post-trial filings). The CCS also tells the story of the case from the beginning and verifies the date of the final order for appeal. In addition, the CCS oftentimes reflects other key information for appeal, such as other cases and what has been at issues in the case from the motions that have been filed along the way. This is the second key document for any appellate counsel must make the most of helping your appellate counsel help you initially assess your case for appeal. Bring the CCS to your consult.

Thirdly, there are many other important or key documents that you should have, if they exist, for an appellate consult. The most important is a copy of any Motion to Correct Errors that was filed in the case. This changes the due date for the appeal and may if granted, limit the appeal. In addition, a Motion to Correct Errors may also highlight the issues that may be or should be presented on appeal. In most cases, a Motion to Correct Error is not required for appeal, but where they are filed, has significance for determining the appellate timeline, and to some extent, viable appellate issues. There are several other motions and orders that may be filed after a trial such as a Motion to Reconsider or a Trial Rule 60(B) motion. These provide, at a minimum, insights for your appellate counsel into the issues for appeal. Gather them in advance if possible.

The final material to bring to an appellate counsel is your story of how to you reached litigation and what drove the case. In essence, write a few pages explaining the who, what, when, where, why and how of your case; this may assist your appellate attorney in determining how you reached the point where you are considering appeal form your perspective—who you are and how to tell your legal story on appeal. In addition, most litigants and/or their trial counsels have a strong sense of what they want to appeal. Being able to articulate this in a consult helps identify appellate issues (or eliminate them). Be prepared to speak your mind and listen to key feedback on what are the best issues for appeal.

Ultimately, an appeal is a key right to afford you due process under the United States and Indiana Constitutions. However, a new journey or partnership with appellate counsel is best attended to if you know what to bring to an appellate consult to being or consider the appellate process. This blog was written by attorneys at Dixon & Moseley, P.C. who handle appeals of final orders emanating from all Indiana trial courts. It is aimed at helping you understand and assess your appeal and be an informed legal consumer. This blog is written for general education purposes. It is not specific 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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