If you believe the outcome of your case is unfair or incorrect, you may have the option to file for an appeal. The appellate process in Indiana differs significantly from the trial court procedures you may have experienced. Below is an overview of key points you should know:
In Indiana, you have 30 days from the date of the trial court’s final order or judgment to file an appeal. Failing to file within this timeframe results in the permanent loss of your right to appeal. This deadline is strictly enforced, so it is essential to consult with an attorney within this 30-day period to evaluate whether an appeal is appropriate for your case.
Unlike trial courts, where you may have appeared before a single judge or jury, the Indiana Court of Appeals consists of a panel of three judges. These judges will review your case collectively, discussing the facts and coming to a majority decision on the appeal.
The appellate court will not re-examine your case in the same manner as the trial court. Instead, there are varying levels of scrutiny the appellate court will look at when reviewing the case. It is important to have skilled appellate attorney’s who are able to navigate and present the proper arguments on appeal.
Once you decide to proceed with an appeal, your attorney will handle the legal work. This includes ordering the trial transcript, organizing the evidence, and researching the legal aspects of your case. Your attorney will prepare and submit an Appellant’s Brief, outlining the legal arguments and facts supporting your appeal. Afterward, the opposing party will submit an Appellee’s Brief, arguing why the trial court’s decision should stand. Finally, your attorney may submit a Reply Appellant’s Brief to respond to any issues raised by the Appellee’s Brief, further strengthening your position.
Once the briefs have been submitted, the appellate judges will issue their decision. There are three possible outcomes:
- Affirm: The appellate court agrees with the trial court’s decision, and the judgment stands.
- Reverse and Remand: The appellate court finds that the trial court made an error and instructs the trial court to amend the decision in accordance with the appellate court’s findings.
- Reverse in Part and Affirm in Part: If multiple issues were appealed, the appellate court may modify one aspect of the trial court’s decision while leaving other parts intact.
If you believe your case warrants an appeal, it is crucial to work with experienced legal counsel to navigate the complex appellate process and safeguard your rights.
Here at Dixon & Moseley P.C. our appellate team has the experience and knowledge to fight for your appellate rights. Our track record of winning appeals has provided us the ability to advocate for you and your interests. Do you think the court’s decision was incorrect? Do you think that upon review the appellate court will agree? Call us today to schedule a consultation and see if we can help you and your appeal. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.