Indiana Appellate Rule 9(A): The Notice of Appeal must be filed within 30 days of the entry of final judgment. In criminal cases, this deadline is jurisdictional. If you received an unfavorable verdict or judgment, contact an appellate attorney immediately — today, if possible.
What Is an Appeal?
An appeal is not a new trial. It is a review by a higher court of the legal proceedings that occurred in the trial court below. The appellate court does not hear new witnesses, admit new evidence, or re-evaluate the credibility of testimony. Instead, it reviews the written record from the trial court — transcripts, exhibits, orders, and filings — to determine whether legal errors occurred that warrant reversal or remand.
Understanding this distinction is fundamental. Clients often want to tell the Court of Appeals what "really happened" — but that is not what appeals are for. The appellate court's role is to determine whether the trial court correctly applied the law, not to substitute its judgment for the jury's on questions of fact. Issues that were not properly preserved at trial generally cannot be raised on appeal. This is one reason why having trial counsel who is mindful of appellate preservation matters — and one reason why engaging appellate counsel early is important.
The 30-Day Deadline — Indiana Appellate Rule 9
Indiana Appellate Rule 9(A)(1) requires the Notice of Appeal to be filed in the trial court clerk's office within 30 days after the entry of a final judgment in most cases. In criminal cases — including direct appeals from felony and misdemeanor convictions — this deadline is jurisdictional, meaning it cannot be extended without a showing that satisfies very narrow exceptions. Courts have consistently held that failing to file a timely Notice of Appeal in a criminal case forecloses the direct appeal.
The 30-day window begins running from the date the final judgment or sentencing order is entered in the court's chronological case summary — not from the date you receive a copy of the order, and not from the date you become aware of it. For clients who were self-represented at trial or who had trial counsel who did not advise them of this deadline, the window can close before they realize what is happening. If your trial has concluded and you have not filed a Notice of Appeal, contact Hammond Legal immediately.
The Indiana Court of Appeals
Most Indiana appeals go to the Indiana Court of Appeals, the state's intermediate appellate court. The Court of Appeals sits in three-judge panels drawn from a court of fifteen judges. It has jurisdiction over direct appeals from most Indiana trial courts — including Superior Courts, Circuit Courts, and specialized courts. The Court of Appeals issues written opinions, some of which are published and carry precedential weight; others are issued as memorandum decisions and are not precedent.
If a party believes the Court of Appeals has incorrectly decided a case, they may petition the Indiana Supreme Court for transfer. Transfer is not automatic — the Supreme Court grants transfer selectively, typically in cases presenting significant questions of law. If the Supreme Court denies transfer, the Court of Appeals decision is final. If transfer is granted, the Supreme Court issues its own opinion, which controls.
The Indiana Supreme Court
The Indiana Supreme Court is the court of last resort for state law matters. In addition to its general jurisdiction, the Indiana Supreme Court has exclusive jurisdiction over certain categories of cases — including death penalty cases, criminal cases in which a life sentence has been imposed, and cases involving the constitutionality of a state statute. For all other cases, the Supreme Court's appellate jurisdiction is discretionary, exercised through the transfer process. Emilee Hammond is admitted to practice before the Indiana Supreme Court, as well as both federal district courts in Indiana and the United States Supreme Court.
Standards of Review — Plain Language Explanation
Every appellate issue has a standard of review — the lens through which the appellate court evaluates the trial court's ruling. The standard of review is one of the most important concepts in appellate practice because it determines how difficult it is to obtain reversal.
- De novo: The appellate court decides the question fresh, with no deference to the trial court. Applied to pure legal questions — how a statute should be interpreted, whether a constitutional right was violated, whether evidence is legally sufficient.
- Clear error: The appellate court defers to the trial court's factual findings unless it is firmly convinced a mistake was made. Applied to findings of fact, whether made by a judge after a bench trial or in the context of a ruling that required the court to resolve disputed facts.
- Abuse of discretion: The most deferential standard. Applied to rulings within the trial court's discretion — evidentiary rulings, case management decisions, sentencing within the statutory range. The appellate court will reverse only if the trial court's decision was clearly untenable or beyond the zone of legitimate choice.
Identifying the correct standard of review for each issue is a fundamental task of appellate briefing. An issue reviewed de novo is much more likely to produce reversal than the same outcome reviewed for abuse of discretion. Framing issues to attract the most favorable standard — and acknowledging the applicable standard honestly — is a core appellate skill.
Direct Appeals vs. Interlocutory Appeals
A direct appeal follows the entry of a final judgment in the trial court — the case is over below, and the appeal addresses the completed proceedings. This is the most common type of appeal.
An interlocutory appeal challenges a trial court ruling before the case is fully resolved. Indiana Appellate Rule 14 governs interlocutory appeals and divides them into two categories: interlocutory appeals taken as a matter of right (covering specific categories of rulings, such as orders granting or denying injunctive relief, orders determining the rights of parties, and certain discovery orders) and interlocutory appeals taken by permission (which require the trial court to certify the order for appeal and the Court of Appeals to accept it). Interlocutory appeals serve an important function — they allow appellate review of rulings that could fundamentally alter the course of a case without waiting for a final judgment.
The Record on Appeal
The record on appeal consists of the documents from the trial court — the chronological case summary, all filed pleadings and motions, transcripts of hearings and trial, admitted exhibits, and the final judgment. The appellate court reviews only what is in this record. Evidence that was not admitted at trial, arguments that were not made, and objections that were not raised are generally not part of the appellate record and cannot be raised for the first time on appeal.
This is why trial counsel's decisions about preserving issues — making timely objections, making offers of proof, filing motions — have direct appellate consequences. When Hammond Legal is engaged for an appeal, one of the first tasks is a careful review of the trial record to identify what issues were properly preserved and what the most viable appellate arguments are.
Briefing Schedule
After the Notice of Appeal is filed and the record is transmitted, the parties follow a briefing schedule set by the appellate court. The appellant (the party appealing) files the opening brief, which must lay out the facts, issues, and legal arguments. The appellee files a response brief. The appellant may then file a reply brief. Appellate briefs are subject to word limits and must conform to the Indiana Rules of Appellate Procedure. After briefing closes, the court may schedule oral argument — or may decide the appeal on the written submissions.
Oral Argument
Oral argument in the Indiana Court of Appeals is not available as of right in every case — the court grants oral argument at its discretion. When oral argument is scheduled, each side is given a limited time (often 15 to 30 minutes) to present its position to the three-judge panel. Judges ask questions during oral argument, and the ability to respond clearly and concisely — while keeping the argument on track — is an important appellate skill.
Frequently Asked Questions
What is the deadline to file a Notice of Appeal in Indiana?
The Notice of Appeal must be filed within 30 days of the entry of a final judgment or order in most civil and criminal cases under Indiana Appellate Rule 9(A). This deadline is jurisdictional in criminal cases — missing it will typically foreclose the direct appeal entirely. If you received an unfavorable judgment, contact an appellate attorney immediately.
What can an appeal accomplish?
A successful appeal can result in reversal of the judgment, remand for a new trial, modification of a sentence, or remand for further proceedings. An appeal cannot introduce new evidence or re-try the facts. The appellate court reviews the record from the trial court and evaluates whether legal errors occurred that affected the outcome.
What is a standard of review?
The standard of review determines how much deference the appellate court gives to the trial court's rulings. Questions of law are reviewed de novo. Factual findings are reviewed for clear error. Discretionary rulings are reviewed for abuse of discretion. Identifying the correct standard of review for each issue is a critical element of appellate briefing.
What is an interlocutory appeal?
An interlocutory appeal challenges a trial court ruling before the case is fully resolved. Indiana Appellate Rule 14 distinguishes between appeals taken as a matter of right (covering specific rulings) and appeals taken by permission (which require the trial court to certify the order and the Court of Appeals to accept the appeal). Most appeals are direct appeals following a final judgment.
Can I appeal a guilty plea?
The ability to appeal after a guilty plea is limited. When you enter a guilty plea, you generally waive certain constitutional rights and defenses. However, appeals are available in some circumstances — to challenge the validity of the plea itself, to challenge the sentence if it exceeds what was agreed to, or to address a preserved issue. Whether an appeal is viable after a guilty plea requires careful analysis of the plea agreement and the record.
How long does an appeal take in Indiana?
Indiana appellate cases take, on average, twelve to eighteen months from the filing of the Notice of Appeal to a decision, though the timeline varies with the complexity of the issues, the briefing schedule, and the court's docket. More complex cases and those transferred to the Indiana Supreme Court can take longer.
What happens if I miss the 30-day deadline?
Missing the Notice of Appeal deadline in a criminal case is usually fatal to the direct appeal. In civil cases, there are limited circumstances in which a late appeal can be excused, but those exceptions are narrow and difficult to satisfy. If you have missed or are close to missing the deadline, contact an appellate attorney immediately. Even if the direct appeal is lost, other avenues — such as post-conviction relief — may be available depending on the nature of the issues.
Appeals matters begin with a flat-fee case review — Hammond Legal examines the record and identifies what issues are available before fees for full representation are determined. See how appellate fees are structured.
Related Practice Areas