Call For A Consultation: 317-350-4108

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 317-350-4108

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Appellate Practice
  4.  | 
  5. I Won In The Trial Court; Do I Really Need To File An Appellee’s Brief?

I Won In The Trial Court; Do I Really Need To File An Appellee’s Brief?

On Behalf of Dixon & Moseley, P.C. | May 15, 2020 | Appellate Practice

Any party who loses a civil trial (bench or jury) has the right to appeal. Trials and appeals are expensive and laden with emotion. That said, we often receive inquiries from “appellees” when they find out the losing party is taking an appeal.1 These calls all focus on what really happens if they do not file an appellee’s brief. Clearly, the winner in the trial court does not have to file an Appellee’s Brief. This blog explores the reasons a potential appellee should strongly consider filing an Appellee’s Brief.

There are two key reasons you should consider retaining appellate counsel to research, write and file your Appellee’s Brief. First, the decisional law setting out what occurs when an appellee elects not to file a brief should give you pause. Specifically, when an appellee does not appear and file an Appellee’s Brief, the Court of Appeals does not develop an argument for the absent litigant and applies a less stringent standard of review. As such, the Court of Appeals will reverse the trial court if the appellant is able to establish prima facie error. Prima facie error is an error at first sight, on the first appearance, or on the face of it. This means—in the absence of an Appellee’s Brief–it is more likely the trial court’s decision will be reversed. This means the appellee who won in the trial court, just lost. Thus, in most cases, in consultation with appellate counsel, most litigants determine they should file an Appellee’s Brief.

Second, and fortunately for Appellees, they can prepare their response to an Appellant’s Brief with less work in most cases than what goes into an Appellant’s Brief because they can follow the logic, law, and analysis the trial court used when it decided the case in their favor in the first place. Further, they can develop and/or bolster the trial court’s reasoning by supporting it with additional cases and statutes on point. Frankly, most potential appellees want to file an Appellee’s Brief when they read and review the Appellant’s Brief; a sound Appellant’s Brief written by a skilled appellate attorney will at worst make some significant, strong arguments the trial court’s order is erroneous because of the number of cases and statutes cited and the ways a case argument to the contrary can be made under most any record. In other words, you (the winner in the trial court) might review the Appellant’s Brief and believe the trial court did err and believe you should have lost. That is good appellate writing. With an Appellee’s Brief and a solid brief writer, the Appellant’s Argument can sometimes be dissected to show flaws in legal reasoning. Thus, while the Appellant’s Brief might sound compelling, on closer review, it is not. Remember without filing an Appellee’s Brief, the Appellant’s Brief will be the only brief the Court of Appeals will have before it to use to decide the case. Thus, the decision not to file an Appellee’s Brief should not be taken lightly.

You might be asking what is in an Appellee’s Brief. The Appellee’s Brief contains the same sections and requirements on how it is to be structured as with an Appellant’s Brief. These are contained in the Indiana Rules of Appellate Procedure. Sometimes the Appellee agrees with the Appellant such as on the statement of the facts.2 Most of the difference is in the argument which must address just the arguments lodged by the Appellant,3 unless a cross-appeal is taken. If these sections and requirements of the Appellee’s Brief are important and of interest to you, you should visit the Appellant’s Brief section of our website.

Dixon & Moseley, P.C. attorneys handle appeals for Appellants and Appellees from all final orders in civil cases throughout the State. In addition, the firm handles criminal appeals, and those taken from Indiana Federal District Court to the Seventh Circuit Court of Appeals in Chicago, Illinois. The firm also handles Writs of Certiorari to the United States Supreme Court. This blog is written to provide a general background. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Indiana Rule of Appellate Procedure 46(B).
  • Indiana Rule of Appellate Procedure 46(B)(1).
  • Indiana Rule of Appellate Procedure 46(B)(2).
  • 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,…

    « Older Entries
    Next Entries »

    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?

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    317-350-4108

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online