How to Appeal a Court’s Decision in Indiana?
Appeals filed in the state of Indiana must be filed with the Clerk of Courts where the original trial was held. The court of appeals must accept all requests for an appeal, they cannot refuse your case.
Notice of Appeal
To initiate the appeals process, you must file a notice of appeal within 30 days after the final ruling in your case. You must file with the Clerk of the court where the original trial took place. You must pay a $250 fee when filing and your notice of appeal must include the following information:
- Names, addresses, email and phone numbers of all parties involved.
- Names, addresses, email and phone numbers of all attorneys involved.
- Trial information including case number, names of all individuals, trial court information, and the judge that presided.
- The date of and determination of the final ruling.
- The basis for jurisdiction, why you feel an error was made.
- A request for a copy of the full court transcript.
- A statement of whether or not the court records were made public access or excluded.
- A brief statement of the facts of the case (civil cases) called the Appellate Alternative Dispute Resolution Information.
- Any attachments including a copy of the original final ruling and other paperwork related to the appeal.
- Certification from an attorney that the case does not apply to the custody of a minor, agreement to comply with the appeal laws of Indiana and promise to pay for the transcript.
Because allowance of an oral presentation is rare, your brief is a critical piece of your appeal. Be sure to include all the pertinent facts, arguments with proper reverences and citations of precedent cases.
Most cases brought before the appellate courts in Indiana are reviewed on written briefs only. Due to the sheer volume, rarely are oral arguments allowed, but in some cases, a judge will request one from either party.
The final decision typically takes about six months, and all parties are notified in writing after the final opinion is documented.