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  5. Three Things To Know About Appeals

Three Things To Know About Appeals

On Behalf of Dixon & Moseley, P.C. | Jan 9, 2020 | 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. Like most everything else in life, an individual’s entitlement to an appeal is not absolute. There are certain requirements that must be met in order to effectively preserve your ability to pursue an appeal. In this blog, we look at three basic components to an appeal and provide a brief overview of information so that you do not forfeit your right to an appeal.

Timing. The first thing to know about appeals is the timing aspect associated with the same. In general, an individual has thirty (30) days from the final ruling of a trial court to file a Notice of Appeal. The timing aspect is an extremely important part of preserving your right to appeal. Courts have consistently found that individuals who fail to file a Notice of Appeal within the time period forfeit the right to appeal. This deadline can be tolled for a brief amount of time with the filing of what is known as a Motion to Correct Errors. If you file a Motion to Correct Errors the time to file an appeal varies but must be met. What is important to know is there is a strict deadline for filing, and absent extraordinary circumstances, failing to follow this strict deadline will result in forfeiting the appeal.

Final Order. In order to pursue an appeal, the general rule is that there must be a “final judgment.” A judgment is considered final if: (1) it disposes of all claims as to all parties; (2) the trial court in writing expressly determines that there is no just reasons for delay and in writing expressly directs the entry of judgment; (3) it is deemed final under trial rule 60(c); (4) it is a ruling on either a mandatory or permissive Motion to Correct Error; or (5) it is otherwise deemed final by law.1 In short, a final judgment is one that disposes of all issues as to all parties, thereby ending the particular case and leaving nothing for future determination. There are, of course, exceptions to this rule. For example, you may be entitled to an interlocutory appeal (and appeal taken during the on-going litigation) depending on the circumstances. However, the general rule is that there must be a final judgment before you seek an appeal.

Limited to the Record. When appealing, an individual is limited to the “record on appeal.” The record on appeal means all exhibits, testimony, and proceedings that were conducted before the trial court. For example, an individual cannot try to submit a new piece of evidence for the first time at the appeal level because it was not first presented at the trial court level, meaning it is not a part of the “record on appeal.” So while there may be information you want to put before an appellate court, remember that any information you want to convey must be based on the record.

This area of law is extremely technical. The above information is general in nature, and there are exceptions to almost every rule. Not only are they emotional, but oftentimes complex, especially when it comes to property division. Obtaining skilled counsel is key to navigating the complex waters of appeals. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle all types of appeals, be it civil or criminal, throughout Indiana. This blog is intended for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Ind. Rule App. Procedure 2(H).
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    What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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