Many people (or loved ones) call our office after being convicted of or sentenced for a crime. They want to know what, if anything, may be done to undo what has occurred or to minimize the effects. Occasionally we receive calls from people with similar questions about various types of civil cases. For example, decisions by a judge in a divorce case or in some other type of case are often challenged. In this blog the Indianapolis Appellate Attorneys at Banks & Brower take a look at how the appeal process works.
When should an appeal be filed?
The answer to that question depends in large part on your particular case. Consultation with an attorney should reveal whether there are issues in your case that warrant a second look. While a decision might not always seem “right” to one party, there are almost always reasonable legal bases upon which the decision was made. However, this doesn’t mean that the correct decision was made – if the law was black and white there would be no need for lawyers and no need for a Court of Appeals! While one judge may think the answer is A, another might think it is B. Not even Court of Appeals judges always reach the same answer in the same case. An experienced attorney can evaluate your case and present a persuasive argument supporting your position on appeal.
What Is the Appellate Process in Indiana?
The appellate process in the state is a structured legal procedure governed by the Indiana Appellate Rules, which guarantees a consistent process for reviewing trial court decisions. In Indianapolis, it begins with filing a Notice of Appeal and proceeding through written briefs, possible oral arguments, and, ultimately, a decision by the appellate court. The Indiana Court of Appeals outlines that this process allows higher courts to examine whether legal errors occurred during the trial.
Below is a detailed explanation of the stages involved in the appellate process, as governed by Indiana law.
Accepting the Trial Court’s Decision
Before filing an appeal, some parties choose to accept the trial court’s decision, even if it is not in their favor. This may be due to the time, expense, and uncertainty associated with appeals. Choosing to accept the outcome means relinquishing the opportunity to pursue further legal challenges. However, an appeal is often the best recourse for others, especially when legal errors have significantly impacted the result.
Reasons You May Choose Not to Appeal:
- The cost of filing and litigating an appeal.
- A recognition that the evidence presented at trial supported the lower court’s ruling.
- Limited grounds for appeal under the Indiana Appellate Rules.
Motion to Correct Errors
A Motion to Correct Errors is often a prerequisite to filing an appeal in Indiana, particularly in some civil cases. This motion, filed with the trial court, allows the judge to review and potentially correct any mistakes made during the trial before the case progresses to the appellate court.
- Filing it may help resolve issues without proceeding to appeal.
- Under Rule 59 of the Indiana Trial Rules, this motion must typically be filed within 30 days of the trial court’s judgment.
If the trial court denies the motion or fails to act, the appellant can proceed to the next step by filing a Notice of Appeal.
Notice of Appeal
Submitting the Notice of Appeal marks the initial step in starting an appeal under Indiana’s Appellate Rules. According to Rule 9(A), this document must be filed within 30 days of the trial court’s final judgment.
Important elements of the Notice of Appeal:
- Names of the parties involved.
- Identification of the trial court’s judgment being appealed.
- Confirmation that procedural steps (e.g., filing a Motion to Correct Errors, if required) have been completed.
The Notice of Appeal must also be filed with the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court. Failure to comply with these requirements can result in the appeal’s dismissal.
Appellant’s Case Summary
Once the Notice of Appeal is filed, the appellant must prepare the Case Summary. This document provides the appellate court with an outline of the case, including vital procedural details from the trial court and the issues being appealed.
- The Case Summary helps the court understand the background and scope of the appeal.
- It must comply with the Indiana Appellate Rules regarding content and format.
The summary frequently includes a list of trial court errors and references to specific legal precedents supporting the appellant’s claims.
Appellant’s Brief
The Appellant’s Brief is the primary written argument submitted to the appellate court. It must detail the errors made in the trial court and provide legal authority to justify reversing the lower court’s decision.
Components of the Appellant’s Brief:
- Statement of Issues: A list of legal questions for the court to consider.
- Statement of the Case: A summary of the case’s procedural history.
- Statement of Facts: A factual recount of the case, presented neutrally.
- Argument: A detailed analysis of the trial court’s errors, supported by legal precedents and the Indiana Appellate Rules.
The Appellant’s Brief is fundamental to the appeal’s success, as it serves as the foundation for the appellant’s argument.
Appellee’s Brief
The Appellee’s Brief serves as the opposing party’s response, supporting the trial court’s decision. It seeks to counter the appellant’s arguments and convince the appellate court to uphold the lower court’s ruling.
Key Features of the Appellee’s Brief:
- It addresses the appellant’s arguments point by point.
- It emphasizes any legal or procedural errors in the appellant’s brief.
- It relies on case law, statutes, and the Indiana Appellate Rules to support the trial court’s decision.
Appellant’s Reply Brief
The appellant can submit a Reply Brief to counter the arguments raised in the Appellee’s Brief. This document is optional and must strictly address issues the appellee raises without introducing new arguments.
- The Reply Brief is an opportunity to clarify or strengthen critical points.
- It must comply with the Indiana Appellate Rules on length and content.
Oral Argument
Oral argument is an optional part of the appellate process in Indiana, but it can provide additional clarity for the court. During oral arguments, attorneys for both parties present their cases before a panel of appellate judges and answer questions.
Benefits of Oral Argument:
- It allows attorneys to emphasize the most compelling aspects of their case.
- Judges can probe ambiguous or contentious points through direct questioning.
They are typically time-limited and occur only if the court deems them necessary.
Decision
After reviewing the case, the appellate court issues a written decision, which may affirm, reverse, or remand the case back to the trial court for further proceedings.
- Affirmed: The appellate court agrees with the trial court’s decision.
- Reversed: The appellate court overturns the lower court’s ruling.
- Remanded: The case is sent back to the trial court for additional action or a new trial.
The Indiana Court of Appeals explains that this process involves careful examination of the trial court record and legal arguments presented by both parties.
So you have an issue (or issues) worth appealing, now what?
In Indiana, and most circumstances, each party is entitled to an appeal as of right, whether in a civil or criminal case. The most notable exception to this rule is that the State of Indiana may not appeal a verdict of not guilty. This means that an appeal is normally available after a trial judge has entered a judgment. However, there are strict time limits that must be met for an appeal to be sought.
Within thirty (30) days after a final judgment is entered, a party wishing to appeal must file a Notice of Appeal indicating the intent to appeal the decision of the trial court. There are numerous requirements for this Notice of Appeal, and the Indiana Rules of Appellate Procedure outline what must be included. The Notice of Appeal is the first step in securing your right to appeal, and if this deadline is missed, you may lose your opportunity to have the Court of Appeals address your case. Thus, it is urgent to contact an appellate attorney as soon after a judgment as possible to be sure your right to appeal is preserved if appropriate.
Once the Notice of Appeal is filed, the trial court clerk and court reporter are responsible for preparing the clerk’s record and any transcript, if applicable. These will be prepared by the trial court and used by both parties in preparing their briefs and by the Court of Appeals in reaching a decision. The clerk’s record and transcript are referred to as the record on appeal, and the issues on appeal must generally come out of either the clerk’s record or transcript.
After the clerk’s record and transcript are prepared, the party filing the appeal must draft and file the Appellant’s brief. Then, the Appellee (party prevailing at the trial court) must do the same. After the Appellee files his or her brief, the Appellant has the opportunity to file a reply brief. This reply brief is like a rebuttal, and it is often the last word before the Court of Appeals renders a decision. Occasionally oral argument will be set, but this happens in few cases.
So how long does an appeal take? From filing the Notice of Appeal to a decision, the process can take anywhere from four to seven months in most cases. The amount of time can vary depending on the length of the transcript to be prepared, if any, and whether any party asks for and is granted an extension of time. After the Court of Appeals renders a decision, there are several options available for appealing that decision, too, such as a petition for rehearing or a petition for transfer to the Indiana Supreme Court. If no action is taken within forty-five days after an opinion is issued, the opinion becomes “certified” and is official.
If you or a loved one feels that an appeal may be appropriate, contact the experienced attorneys at Banks & Brower, LLC. We can assist you with an appeal of your civil or criminal case, so let us give your case a second look. Because of the strict time limits that must be met, it is important to call our Indianapolis appellate attorneys quickly to evaluate your case and preserve your right to appeal. We can be reached 24/7 at 317-526-4630 or at info@banksbrower.com.
