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  5. Should I File A Reply Brief In My Appeal?

Should I File A Reply Brief In My Appeal?

On Behalf of Dixon & Moseley, P.C. | Jun 26, 2020 | Appellate Practice, Indiana Court of Appeals

Appeals represent only a small fraction of all of the final orders issued each year by Indiana Trial Courts. Appeals take an additional emotional toll, are sometimes costly, and add several more months to the litigation. That said, the Appellant has the right, presupposing the potential Appellee, files an Appellee’s Brief, to have the proverbial last word on appeal and may file a Reply Brief not later than fifteen (15) days after the Appellee’s Brief is served. This is an Appellant’s right under the Indiana Rules of Appellate Procedure, but it is not required.1 This blog explores why most Appellant’s opt to file a Reply Brief and how it may benefit your case.

Appellee’s Brief limited to contentions in Appellant’s Brief. One of the most common reasons Appellant’s may decide to file a Reply Brief is because the Appellee sometimes strays in his or her argument and raises issues or argues matters not raised by the Appellee. This is prohibited.2 If these are egregious enough, it may be that you need to file a Reply Brief and request to strike portions of the Appellee’s Brief.3 The reason for this is a new argument or non-responsive argument to your appeal may obscure or deflect from the true issues you want to raise on appeal and need to be addressed by the Court of Appeals. Many litigants are frankly distraught at the Appellee’s Brief and effectively demand a Reply Brief be written.

Misstatements about facts or law or raises disputes about the same. Trials are dynamic in that the record a party may cite to comes from the Transcript, Exhibits, and/or Appendices. However, at times, an Appellee may cite to facts that are clearly disproven, taken out of context, or dubious at best in the record taken as a whole. If this is the case, there is ultimately concern by litigants the Court of Appeals may rely on this. Thus, a Reply Brief is the proper tool to argue and show why the Appellee is incorrect based on the record in its entirety. Sometimes, there may be disputes in the applicable law, a litigant cites a repealed case or one the Supreme Court has decided differently. In these cases, it is key to argue this mistake or dispute to the Court of Appeals in a Reply Brief.

Reclarifies your most important points. Presupposing the Reply Brief is sound, the Appellate is still afforded the last word. This, again, gives you the opportunity to argue in reply to the Appellee’s Brief why his or her argument is flawed or misguided to the issues before the Court. Thus, the final argument the Court of Appeals will review is that in the Appellant’s Reply Brief.

While there are times it may not make sense to file a reply brief, in most cases, it is a prudent use of legal resources. In deciding to authorize your appellate counsel to file a Reply Brief you should talk through the strengths and weaknesses of such, as well as any potential harm a Reply Brief could do to your appeal. These are thus the central considerations you need to discuss with your appellant counsel in determining whether to file a Reply Brief. This blog was written by attorneys at Dixon & Moseley, P.C. who handle appeals of all types from all final orders from the trial courts in Indiana’s ninety-two (92) counties. This blog is written for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Indiana Rule of Appellate Procedure 45(B)(3).
  • Indiana Rule of Appellate Procedure 46(B)(2).
  • Indiana Rule of Appellate Procedure 42.
  • 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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