The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Very few civil cases are decided by a jury in Indiana. Therefore most final orders (the ruling that decides the case) are issued following a trial before a judge (bench trial). In most cases, someone wins (prevails) and someone loses. As a general rule, after a final order is issued a party has 30 days to appeal. In Indiana, there…
If you are reading this blog, you probably have an interest in appeals in the Indiana Court of Appeals or Indiana Supreme Court. The life blood of an appeal is the “brief,” which is basically a story that tells the important facts, sets out the law, and why the litigant believes the trial court was (in)correct. Obviously, the “argument” section…
A key right ensured to every litigant in Indiana’s trial courts is the ability to appeal adverse decisions to the Indiana Court of Appeals or Indiana Supreme Court. This process is not as familiar to the public at large as trial court matters, as there simply are not many appeals from the thousands upon thousands of cases filed in Indiana…
The “argument” section of an appellant’s brief is the life-blood of every appeal. This blog explores some of the key aspects of sound argument drafting. Taking the complex facts of life and applying the law is a daily challenge for lawyers. However, this task becomes more difficult when it involves an appeal and controlling standard of review. The standard of…
Historically, the Indiana Supreme Court has existed since its creation by the Indiana Constitution in 1851. The Indiana Court of Appeals has played a key role in giving all citizens timely and appeals of right since the late 1800s, becoming permanent by constitutional amendment in the 1970s. The efficiency of the entire legal branch of government is important to note,…
Under the Indiana Constitution, every litigant is entitled to one appeal as a matter of right. As a general rule, these are taken to the Indiana Court of Appeals, fifteen judges located in Indianapolis, Indiana. Three decide each case. Appeals are presented to the court from final orders (or certain temporary or interlocutory orders) in a written booklet form. There…
In Indiana, every litigant who does not prevail or loses a civil or criminal case in a trial court is entitled to an appeal as a matter of right. This is guaranteed by the Indiana Constitution. As a general rule, all appeals go directly to the Indiana Court of Appeals. This Court is located in Indianapolis and comprised of 15…
Indiana’s trial court judges, commissioners, magistrates and protems are dedicated to justice. The unique aspect to their job is they must decide a dispute between two or more people or parties—many other aspects of personal and professional life involves winning to some degree. For this reason, it is sometimes difficult for a party to accept “losing.” And many people just…
As noted in prior blogs posts, most cases the Indiana Supreme Court take are those granted by a Petition to Transfer. This is a request the Court hears, which it decides whether to take. Typically, the five justices vote whether to take a case (although the number may be less if one is absent). A majority of three votes to…
It is sometimes heard in the context of litigants that he or she will go all the way and take the case to the Supreme Court. As a general rule, most appeals go to the Indiana Court of Appeals. Few cases go straight to the Indiana Supreme Court; it decides which cases to take. There are four cases that have…