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  5. Can I Argue For A Change In The Law On Appeal?

Can I Argue For A Change In The Law On Appeal?

On Behalf of Dixon & Moseley, P.C. | Jan 22, 2021 | Appellate Practice, Civil Appeal

The law is slow to change because individuals and businesses make most every decision about current life based on certain legal understandings. For instance, you can obtain a cell phone simply by signing the contract and leave the store with a new service. Most all of us have done it. However, if contract law was not stable across the state, that would not be the case. However, over time, a law may become obsolete and how it is applied may need to be reconsidered. If this is the case and the trial court rejected the argument, can it be raised on appeal? Perhaps. This is the topical coverage of this blog.

There are clear limits on arguing for a change in the law your case was decided under on appeal. For instance, if a parent did not want to pay higher education expenses for his or her child from a divorced family, he or she may argue in the trial court that this is unconstitutional and violates equal protection. This is because married couples are treated differently than divorced couples. Married couples are free to make no contribution to their children’s higher-education. Divorced couples, on the other hand, may be forced to contribute toward higher education expenses by the divorce court, thus drawing an argument this violates equal protection. However, ordinarily a party challenging the constitutionality of a statute on appeal (higher education contribution statutes found in the Divorce and Paternity Acts) must notify the attorney general or be barred from raising this on appeal.

That said, both the Indiana Court of Appeals and Indiana Supreme Court can and will entertain appeals of final orders from Indiana trial courts on claims that the law is outdated, needs extended or vacated, and the result and decision of the trial court reversed. This means that even if you lose at the trial court and the law does not support your success on appeal, you can argue for a good faith extension or change to the law on appeal. If the Court of Appeals agrees or the Indiana Supreme Court takes the case on transfer, you may well be able to win a case you lost in the courts below by a change in the application of the law. This keeps the law responsive to the needs of an ever-evolving state (and country), while at the same time, creating stability in the law allowing you to make decisions based on reasonable certainty the law is clear and can be relied upon. Is this your case?

Dixon & Moseley, P.C. advocates handle appeals of all final orders from all Indiana trial courts from all of Indiana’s ninety-two (92) counties in the Indiana Court of Appeals and Indiana Supreme Court. Perhaps we maybe a wise choice as your appellate advocate. This blog is written by attorneys at Dixon & Moseley, P.C. for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

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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