Important: This article provides general information about the appeals process in Indiana. It is not legal advice. Every case is different, and deadlines are strict. If you have questions about your situation, contact an attorney as soon as possible.

The verdict came back, and it was not the one you were hoping for. Maybe you are sitting with that news right now, or maybe you are a family member trying to figure out what can still be done. Either way, take a breath — and then pay close attention to the calendar, because the most important thing you can do in the days after a trial is act quickly.

Losing at trial is not always the end of the road. Indiana law gives you the right to ask a higher court to review what happened. But that right comes with a hard deadline, and missing it usually closes the door for good.

The 30-Day Window — Why You Need to Act Immediately

In Indiana, you generally have 30 days from the final judgment to file a Notice of Appeal. This deadline comes from Indiana Appellate Rule 9(A), and it is treated as absolute. If you miss it, you typically forfeit the right to a direct appeal — permanently.

That is why the period right after a trial matters so much. The Notice of Appeal is a short document, but its contents are governed by rule (Appellate Rule 9(F)), and filing it correctly and on time is what preserves everything that follows. If you are even considering an appeal, the safest move is to talk to an attorney within days of the judgment, not weeks.

What Is a Direct Appeal?

A direct appeal is a request to a higher court to review the trial court for legal errors. It is the first and most common way to challenge a conviction or an adverse judgment. The appellate court is not asking "was the jury right?" in the way you might expect — it is asking whether the trial was conducted fairly and according to the law.

That distinction shapes everything. An appeal is built on the record that already exists. It is argued mostly in writing. And it focuses on questions like whether evidence was properly admitted, whether the jury was correctly instructed, and whether the law was applied correctly.

What the Indiana Court of Appeals Actually Does

The Indiana Court of Appeals reviews the record from your trial — the transcripts, exhibits, and rulings. It does not hold a new trial. No new witnesses testify. No new evidence comes in. A panel of judges reads the briefs, reviews the record, and decides whether legal errors occurred and whether those errors require reversal.

How closely the court second-guesses the trial court depends on the type of issue, through what lawyers call the "standard of review." Pure legal questions are reviewed fresh ("de novo"). Many trial-court decisions are reviewed only for an "abuse of discretion," meaning the court will not reverse unless the decision was clearly unreasonable. Challenges to the evidence ask whether there was enough to support the verdict. Understanding which standard applies is often the difference between a strong appeal and a weak one.

The Briefing Process: What to Expect

After the Notice of Appeal, the record is assembled and the briefing schedule begins under Indiana Appellate Rule 51. The appellant (the side appealing) files an opening brief, the other side files a response, and the appellant may file a reply. In some cases the court schedules oral argument, but many appeals are decided on the briefs alone.

This is patient, written work — careful research, precise citation to the record, and clear legal argument. It is a very different skill from trial advocacy, which is one reason people often bring in counsel who focuses on appeals.

What Happens at the Indiana Supreme Court

If the Court of Appeals rules against you, the case is usually not automatically over. You may file a petition for rehearing, and you may then petition the Indiana Supreme Court to "transfer" the case. Unlike the Court of Appeals, the Supreme Court is largely discretionary — it accepts only a fraction of the cases that ask for review, typically those involving significant or unsettled questions of law.

If the Appeal Doesn't Work: Other Options

When a direct appeal is exhausted, that is not always the final word. Some claims — especially ineffective assistance of counsel — depend on facts outside the trial record and cannot be raised on direct appeal at all. Those are pursued through post-conviction relief, a separate proceeding under Indiana Post-Conviction Rule 1. If you believe your trial lawyer's performance contributed to the outcome, our article on proving ineffective assistance of counsel explains how that works.

Appeals in Central Indiana

Hammond Legal handles criminal and civil appeals for clients across Central Indiana, including Madison County (Anderson), Marion County (Indianapolis), Hamilton County (Noblesville), Hancock County (Greenfield), Shelby County (Shelbyville), Delaware County (Muncie), and Henry County (New Castle). The Indiana Court of Appeals and the Indiana Supreme Court both sit in Indianapolis (Marion County), but appeals can arise from a trial in any of these counties. Because the 30-day clock starts at the judgment, what county you tried your case in matters far less than how quickly you act.

Common Questions

How long does an Indiana appeal take?
Most appeals take roughly a year, and sometimes longer. After the notice of appeal, the record has to be prepared, then both sides file briefs on a set schedule, and the court takes time to decide. The exact timeline depends on the size of the record, whether oral argument is scheduled, and the court's caseload.
Can I introduce new evidence on appeal?
No. An appeal is not a new trial. The appellate court reviews the record made in the trial court — the transcripts, exhibits, and rulings that already exist. You generally cannot present new witnesses or new evidence. Claims that depend on facts outside the record are usually raised later through post-conviction relief instead.
What if I can't afford an appeal attorney?
If you were found indigent in your criminal case, you may be entitled to appointed appellate counsel. The deadline to start an appeal does not wait, so it is important to raise the issue of cost and representation immediately rather than letting the 30-day window pass.
What's the difference between the Court of Appeals and the Indiana Supreme Court?
The Indiana Court of Appeals must decide the appeals properly filed with it — it is the court that hears most appeals as a matter of right. The Indiana Supreme Court is discretionary for most cases: after the Court of Appeals rules, a party can petition to transfer, but the Supreme Court chooses which cases to accept.
My appeal was denied — is it over?
Not necessarily. After a Court of Appeals decision you may seek rehearing, and then petition the Indiana Supreme Court to transfer the case. If the direct appeal is exhausted, post-conviction relief may still be available for certain constitutional claims, such as ineffective assistance of counsel.

Have Questions About Your Case?

The appeal deadline is short and unforgiving. Attorney Emilee Hammond handles criminal and civil appeals across Central Indiana and can review your case before the 30-day window closes.