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  5. How Many Issues Can I Raise On Appeal?

How Many Issues Can I Raise On Appeal?

On Behalf of Dixon & Moseley, P.C. | May 29, 2020 | Appellate Practice, Indiana Court of Appeals

In a civil trial with many issues, such as divorce which may have child support, custody, and property issues decided, a losing party may want to challenge every issue, such as a minimal difference or error in weekly child support to be paid. While there is no express appellate rule prohibiting or limiting the number of issues a party may raise on appeal, raising more than three or four issues on appeal is normally not prudent. This blog explores why limiting the number of issues raised on appeal is practical and prudent.

As a threshold matter, a party that raises numerous issues on appeal is taking a path inconsistent with normal appellate practice. Many appellate briefs only raise one issue. While not in the Appellate Rules, there are many unwritten rules in all professions. This is the case for appellate practice. While there are times raising several issues may be prudent, a brief loaded with many issues presents a “red flag” that the party is unreasonable or otherwise challenging the entire system or trying to “call out” the trial court below. This is because rarely does a judge improperly decide all of the issues in a case. Again, there may be sound reasons to deviate from this unwritten rule, and appellate attorneys do at times, but to the extent, you understand the true “practice” of appellate practice, the more likely you are to make prudent decisions with your appellate counsel on what issues to appeal.

Secondly, as a practical matter, each issue has to set forth the error allegedly made by the trial court under the relevant laws. This is followed by extensive analysis under the controlling standard of review. To make such an argument takes precise writing and a lot of time and words/pages. However, an Appellant’s Brief is limited to 14,000 words or thirty (30) pages,1 whichever is greater. Thus, each issue raised quickly reduces the available words or pages for remaining issues. There is simply no reason to raise an issue if it is not properly analyzed in the briefing as the Court of Appeals is likely to disregard an incomplete analysis; this is because a short legal analysis is typically not useful to show the error of the trial court claimed on appeal and is dismissed by the Court of Appeals as “not cogent” or “waived” for lack of proper analysis.2

Finally, as with most aspects of life, there is a financial cost to each issue added. Most appellate attorneys can narrow most briefs to two or three issues, discarding those issues less likely to win. While this may sound strange, some issues do not have enough value to justify spending the time and money to brief. Further, some issues, even issues where the litigants firmly believe the trial court incorrectly decided the matter, are given deferential treatment and are likely to be affirmed by the Court of Appeals. On the other hand, issues that involve the wrong application of the law are reviewed de novo3 and have a much higher probability of reversal. These are the best issues to appeal for most litigants, although in domestic cases some parents believe they must appeal even a weak case—their right to do so—to know they have done all they can for their children. Ultimately, a weak issue in a brief tends to make the other issues seem weaker too.

These are the unwritten rules of appellate practice that an informed potential appellant should understand to make the most of his or her appeal. The more you understand about the law, the more engaged you can be in making meaningful choices about your case and your future. This blog was written by appellate attorneys at Dixon & Moseley, P.C. who handle appeals of all types, criminal and civil, from all final orders from Indiana’s ninety-two (92) counties. This blog is written for general educational purposes only. It is not meant or to be construed as legal advice or a solicitation for services. It is an advertisement.

  • Indiana Rule of Appellate Procedure 43(D).
  • Martin v. Brown, 129 NE.3d 283 (Ind.Ct.App.2019).
  • Eagle Aircraft, Inc. v. Trojnar, 983 N.E.2d 648 (Ind.Ct.App.2013).
  • 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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