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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).
  • 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…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    Recent Posts

    • 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)
    • Failure to Object: When Is an Issue Waived?

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