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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 Sometimes, there may be disputes in the applicable law, a litigant cites a repealed case or one the Supreme Court has decided differently.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.
  • 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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