An Indiana appellate lawyer’s guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process.
Quick Answer: What Is a Notice of Appeal in Indiana?
A Notice of Appeal is the document that formally starts an appeal in Indiana. In most appeals from final judgments, a party initiates appellate review by filing a Notice of Appeal with the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court. In most cases, the Notice of Appeal must be filed within 30 days after the final judgment is entered on the Chronological Case Summary (CCS).
Key Takeaway: The Notice of Appeal is one of the most important documents in an Indiana appeal. Even a case with strong appellate issues can be lost if the Notice of Appeal is not timely filed. Indiana Appellate Rule 9 provides that untimely filing generally results in forfeiture of appellate rights.
What Does a Notice of Appeal Do?
The Notice of Appeal serves one primary purpose:
It begins the appellate process.
Before a Notice of Appeal is filed, the case remains solely within the trial court.
After filing:
- The appellate case is opened.
- Appellate deadlines begin running.
- The process of assembling the appellate record begins.
- Jurisdictional steps necessary for appellate review are triggered.
A Notice of Appeal is therefore much more than administrative paperwork. It is the document that invokes the Indiana appellate process.
When Must a Notice of Appeal Be Filed?
Appeals from Final Judgments
For most appeals from final judgments, Indiana Appellate Rule 9 provides that a party initiates an appeal by filing a Notice of Appeal within 30 days after the final judgment is noted in the Chronological Case Summary.
Common examples include:
- Final divorce decrees
- Final custody orders
- Final child-support rulings
- Judgments following trial
- Summary judgment orders disposing of all claims
What If a Motion to Correct Error Is Filed?
A timely Motion to Correct Error may affect appellate deadlines.
Under Rule 9, if a timely Motion to Correct Error is filed, the Notice of Appeal generally must be filed within thirty days after:
- The trial court rules on the motion; or
- The motion is deemed denied;
whichever occurs first.
Because post-judgment motions can alter appellate deadlines, appellate timing should always be evaluated carefully after judgment is entered.
Who Files the Notice of Appeal?
The party seeking appellate review files the Notice of Appeal.
That party becomes the appellant.
The party defending the judgment becomes the appellee.
Once filed, the appeal proceeds through the Indiana Court of Appeals unless the case falls within a category subject to direct Supreme Court review.
Where Is the Notice of Appeal Filed?
In Indiana, the Notice of Appeal is filed with the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court. Rule 9 specifically governs this filing process.
Many people mistakenly believe the appeal begins by filing additional documents in the trial court. While trial-court records remain important, the Notice of Appeal itself is filed through the appellate system as prescribed by Rule 9.
What Information Does a Notice of Appeal Include?
Indiana Appellate Rule 9 specifies content requirements for a Notice of Appeal. These requirements include information regarding:
- The parties
- The judgment being appealed
- The attorneys involved
- Trial court information
- Other information required by Rule 9
Because appellate jurisdiction depends upon proper initiation of the appeal, compliance with Rule 9 is important.
Is the Notice of Appeal the Same as an Appellate Brief?
No.
This is one of the most common misconceptions about Indiana appeals.
Notice of Appeal
The Notice of Appeal:
- Starts the appeal
- Preserves appellate rights
- Identifies the order being challenged
Appellate Brief
The appellate brief comes later and:
- Explains the legal errors alleged
- Discusses applicable law
- Applies standards of review
- Requests specific appellate relief
The Notice of Appeal initiates the case; the appellate briefs explain why reversal is warranted.
What Happens After the Notice of Appeal Is Filed?
Once the Notice of Appeal is filed, several important events occur.
- The Appeal Is Opened
The appellate court opens the case and assigns an appellate cause number.
- Record Preparation Begins
The appellate record will generally include:
- Pleadings
- Orders
- Exhibits
- Transcripts
- Chronological Case Summary entries
- Appellate Deadlines Continue
The parties will move through the record-preparation and briefing stages of the appeal.
- Appellate Briefs Are Filed
The appellant eventually submits a brief explaining why reversible error occurred.
What Happens If You Miss the Notice of Appeal Deadline?
The consequences can be severe.
Indiana Appellate Rule 9 states that unless a Notice of Appeal is timely filed, the right to appeal is generally forfeited, except in limited circumstances specifically provided by law.
This is one of the most common reasons otherwise-valid appeals are never heard on the merits.
Because of that reality, appellate lawyers often begin by calculating the Notice of Appeal deadline before evaluating substantive appellate arguments.
What Is the Chronological Case Summary (CCS)?
Many appellate deadlines are measured from the date an order is entered on the Chronological Case Summary, commonly referred to as the CCS.
The CCS is the trial court’s official chronology of filings, hearings, and orders.
For appellate purposes, parties should always confirm when the judgment was entered on the CCS because appellate time periods are frequently calculated using that date.
Can Multiple Parties File a Joint Notice of Appeal?
Yes.
Rule 9 permits joint appeals when multiple persons are entitled to appeal from the same judgment or order. Those parties may file a joint Notice of Appeal and proceed as a single appellant.
Does an Appellee Need to File a Notice of Appeal?
Usually not for a cross-appeal issue.
Rule 9 allows an appellee to raise cross-appeal issues in an appellee’s brief without separately filing a Notice of Appeal. However, if no party initiates an appeal, a party must file its own Notice of Appeal to preserve independent appellate rights.
Common Notice of Appeal Mistakes
Mistake #1: Missing the Filing Deadline
This is often fatal to appellate rights. Indiana appellate courts take filing deadlines seriously.
Mistake #2: Assuming Settlement Negotiations Extend the Deadline
Parties sometimes believe ongoing negotiations stop the appellate clock.
They generally do not.
Deadlines continue running while discussions are occurring.
Mistake #3: Waiting Too Long to Consult Appellate Counsel
By the time parties begin searching for appellate representation, substantial time may have already passed.
Because the Notice of Appeal deadline may be short, prompt review of an adverse ruling is important.
Mistake #4: Confusing Appealability with Filing Requirements
Even if an order appears appealable, a properly filed Notice of Appeal is still required to initiate review.
Frequently Asked Questions
What is a Notice of Appeal?
A Notice of Appeal is the document used to initiate an Indiana appeal.
How long do I have to file a Notice of Appeal?
In most appeals from final judgments, the deadline is thirty days after the judgment is entered on the Chronological Case Summary.
Can I file a Notice of Appeal after the deadline expires?
Indiana Appellate Rule 9 generally provides that failure to timely file results in forfeiture of appellate rights.
Is the Notice of Appeal my appellate brief?
No. The Notice of Appeal starts the appeal. Appellate briefs are filed later and contain the substantive legal arguments.
Does filing a Notice of Appeal mean I will win the appeal?
No. It merely initiates appellate review. The merits of the appeal will be determined later through briefing, record review, and applicable standards of review.
Why the Notice of Appeal Matters
Many appellate rights are won or lost before an appellate brief is ever written.
The Notice of Appeal:
- Preserves appellate rights
- Initiates appellate review
- Starts jurisdictional deadlines
- Triggers preparation of the appellate record
Because Indiana appellate deadlines are often strict, filing the Notice of Appeal correctly and on time is one of the most important steps in the entire appellate process.
Conclusion
A Notice of Appeal is the document that formally begins an Indiana appeal. In most cases, Indiana Appellate Rule 9 requires the Notice of Appeal to be filed within thirty days after the final judgment is entered on the Chronological Case Summary. Failure to timely file can result in forfeiture of appellate rights, which is why identifying deadlines is often the first step after an adverse ruling.
Related Reading
- How to Appeal a Case in Indiana
- How Many Days Do You Have to Appeal in Indiana?
- What Orders Can Be Appealed in Indiana?
- What Is an Interlocutory Appeal in Indiana?
- What Is the Standard of Review in Indiana Appeals?
- What Is a Motion to Correct Error in Indiana?
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C., can help you through the appeal process. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement.