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  5. Four Things To Know About Appeals In Indiana

Four Things To Know About Appeals In Indiana

On Behalf of Dixon & Moseley, P.C. | Feb 11, 2021 | Appellate Practice, Civil Appeal

“I want to appeal!” is a statement we hear often. However, many individual’s knowledge of appeals is very limited. This is understanding, as the appeals process can be a long and confusing one, even for attorneys. Whether it be an appeal of a custody order or a criminal conviction, having a basic understanding of appeals will go a long way in being successful in your case. In this blog, we look at four things to know about appeals in Indiana.

You Must Have an Appealable Order. The first thing to know about appeals in Indiana is that, before you can appeal, you must have an appealable order. You may be thinking to yourself, “but aren’t all orders appealable?” Unfortunately, no; and before you can begin the appeals process, you must have an appealable order. The importance of having an appealable order is that the Court of Appeals will not have jurisdiction to rule unless the order is appealable. There are two basic scenarios giving the Court of Appeals jurisdiction to rule1 (meaning you will have an appealable order). First, you will have an appealable order if your order is considered to be a final judgement. Second, you will have an appealable order if your order is an interlocutory order. If your order meets either of these requirements, you have an appealable order.

Final Orders and Interlocutory Orders. The next thing to know about appeals in Indiana is that you can appeal both final orders and interlocutory orders. An order is final if: (1) it disposes of all claims as to all parties; (2) the trial court in writing expressly determines that there is no just reasons for delay and in writing expressly directs the entry of judgment; (3) it is deemed final under trial rule 60(c); (4) it is a ruling on either a mandatory or permissive Motion to Correct Error; or (5) it is otherwise deemed final by law.2 If you have a final order, you will be able to appeal immediately. An interlocutory order, on the other hand, is one that disposes of some, but not all, of the issues. In some circumstances, you will be allowed to appeal this interlocutory order as a matter of right, meaning you are entitled to an immediate appeal.3 An example of an interlocutory appeal as of right would be a court order directing you to pay a sum of money. In other circumstances, you may be able to appeal an interlocutory order at the discretion of the court, called discretionary interlocutory appeals. Whether you are able to obtain a discretionary interlocutory appeal is extremely fact sensitive. What is important to remember and ask yourself is whether you have a final order, or an interlocutory order.

Timing. The third thing to know about appeals in Indiana is the time limitation involved. The timing of appeals is very important, and unfortunately, is something that many individuals miss out on. In order to preserve your right to appeal, the general rule is that you must file your notice of appeal within 30 days of the court’s entry of your appealable order. For example, if the court entered a final order on March 1, you would have until have until March 31 to file your notice of appeal. There are exceptions and filings that can be made that toll the general thirty-day time limit, but those are fact sensitive scenarios. What is important at this time is to remember that you have 30 days from the entry of an order to appeal, and failure to file a notice of appeal in those thirty days can constitute a waiver of your right to appeal.

Limited to the Record. The last thing to know about appeals in Indiana is that, generally, you are “limited to the record.” That is, all evidence and testimony presented in the case at the trial court level. Any evidence or facts that are not contained in the record are off-limits in the appeal. Furthermore, the Court of Appeals can only consider the facts and circumstances as they existed during the hearing, not issues that have arisen since. Thus, remember that in order to use certain evidence on appeal, it must be in the record.

Appeals are complex matters, and this area of law is extremely technical. The above information is general in nature, and know that there are exceptions to almost every rule. Obtaining skilled counsel is key to navigating the complex waters of appeals. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle all types of appeals, be it civil or criminal, throughout Indiana. This blog is intended for general educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Ind. Rule. App. Procedure 5.
  • Ind. Rule App. Procedure 2(H).
  • Ind. Rule App. Procedure 14(A)
  • 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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