If you disagree with a ruling in an Indiana court, you may have the right to appeal. In both civil and criminal cases, a final order or judgment (a decision that resolves all issues and ends the case) gives you an automatic right to an appeal. Other decisions require a special process called an interlocutory appeal, which often needs the trial court’s permission.
Here are 5 tips to filing an appeal in Indiana.
Tip 1 – Prepare the Notice of Appeal
Your first task is filling out the Notice of Appeal form provided by the Indiana Office of Judicial Administration ([Ind. R. App. P. 9(F)]).
- Get the details right: You must accurately list the exact title and date of the judgment you are appealing and attach the order itself.
- Request transcripts carefully: You must explicitly list all hearing and trial dates that need transcripts. The appellate court will not take your word for missing evidence—if it’s not in the transcript, it doesn’t exist to the court.
- Determine the court: Most appeals go to the Indiana Court of Appeals. However, cases involving the death penalty, life imprisonment, unconstitutional statutes, or parental consent for abortion go directly to the Indiana Supreme Court.
Tip 2 – File the Notice and Pay the Fee
- Timeline: You must file the Notice of Appeal within 30 days of the trial court’s judgment.
- Who gets it: Send copies to both the trial court and the designated appellate court.
- Cost: Expect a $250 filing fee when submitting to the appellate court.
Tip 3 – Order and Pay for Transcripts
- Payment setup: Within 10 days of filing your notice, you must make financial arrangements with the court reporter. Usually, this requires paying a deposit of 50% of the estimated total cost upfront.
- Filing deadline: The court reporter generally has 45 days from receiving the Notice of Appeal to prepare and submit the official transcript.
Tip 4 – Draft and Submit the Appellant’s Brief
The brief is the heart of your appeal. This is your chance to argue how the trial court misapplied the law or misinterpreted evidence.
- Timeline: You have 30 days to file your brief after the clerk issues a Notice of Completion of the transcript.
- Strict requirements: Every factual claim must point directly to a page in the transcript or an exhibit. Briefs must follow strict formatting rules (fonts, margins, layout) and include specific sections like a Table of Authorities, Statement of Issues, and Argument section. Precision here is critical.
Tip 5 – Await the Response and Decision
Once your brief is submitted:
- The opposing party has 30 days to file their response brief.
- Unless oral arguments are requested, the process shifts to waiting for the court’s decision.
- While appellate courts have no strict deadline to issue an opinion, you can typically expect a ruling within about four months.
