The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
As a general component of human nature, almost every litigant who has lost a case in a trial court believes the trial court incorrectly decided the matter. No one wants to be “wrong,” but Indiana’s trial court are charged with being open to litigants to freely administer justice and decide cases. Every case has an appeal of right to the…
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an…
Six Reasons The Indiana Supreme Court Might Take Your Case We have all had a moment in time in our personal life or heard on television, someone state they are taking their case to the Supreme Court. That may or may not be a remedy available to them. Under Indiana law and the Indiana Supreme Court’s Rule of Appellate Procedure,…
Generally, in civil and criminal cases, you can appeal a final order of the court within thirty (30) days by filing a notice of appeal with the court of appeals, and filing proper service upon certain persons. The Notice of Appeal starts the appellate process. In criminal cases, you can appeal generally two (2) things, the conviction itself, or the…
All final orders of Indiana trial courts are appealable by right, meaning that the Court of Appeals must review the merits of your appeal and issue a Decision.1 The Supreme Court (of Indiana or the United States) has discretionary review of most types of cases (there are some that the Supreme Court must review, mostly related to criminal matters), and…
Since jail time, whatever the reason, infringes on a deeply protected right to freedom, most states, and the federal government, takes jail as punishment for a crime seriously. Jail for civil contempt reasons is far less common, and cannot be used to “punish,” but rather to incite action to comply with court orders. One of the main tenants of the…
In drafting appeals, the appellate attorney will request, receive, and review a typed transcript of and exhibits admitted at the hearing of which the Order is being appealed. This allows the appellate attorney, who may or may not have been the trial attorney, to review the record, gather information, and quote the hearing transcript as argument in the appellate briefs.…
Appellate practice is much different than trial practice. There are many differences between trial courts and how to present cases in the trial court, and appeals. First, trial courts are the first court (unless you have an administrative issue, which goes to the administrative agency first) to hear a case. There are many rules and practices to presenting evidence and…
Filings in the Indiana Court of Appeals involve a well-defined and specific structure, and are governed by strict rules1. From the first filing to the last, and all filings in between, there are specific people who must be served and a specific number of documents that must be filed. A panel of Justices for the Court of Appeals consists of…
In Indiana, there is a tiered court system, which means that cases will start out on the bottom rung, and the next higher court has more authority than the last. However, this also means that your case has to start at the right court, exhaust all resources there, before it is allowed to move on to the next if you…