30-Day Deadline — Act Immediately
Under Indiana Appellate Rule 9, the Notice of Appeal must be filed within 30 days of the final judgment or appealable order. Missing this deadline is almost always fatal to the appeal. If you received an unfavorable judgment, call Hammond Legal at 317-284-9944 today — do not wait.
About the Indiana Court of Appeals
The Indiana Court of Appeals is Indiana's intermediate appellate court, handling the overwhelming majority of appeals from Indiana's trial courts. It has 15 judges who sit in rotating three-judge panels — meaning most appeals are decided by a panel of three judges, not the full court. The court handles both criminal and civil appeals, making it the primary destination for anyone seeking review of a trial court decision in Indiana.
The Court of Appeals does not hold new trials. It reviews the record from the trial court — the transcripts, exhibits, pleadings, and orders from the proceedings below — to determine whether legal errors occurred that warrant reversal, modification, or remand. New evidence and new arguments not raised at trial are generally not considered.
Hammond Legal has direct experience before the Indiana Court of Appeals, including a case resulting in a published opinion and a case resulting in a reversal. That experience — understanding how the court evaluates issues, how to write briefs that get read, and when an issue is worth pursuing — matters when deciding whether and how to appeal.
How the Indiana Court of Appeals Process Works
Step 1: Notice of Appeal — 30-Day Deadline
The process begins with filing a Notice of Appeal with the trial court clerk within 30 days of the final judgment (Indiana Appellate Rule 9). The Notice of Appeal is a simple document, but it is the trigger for everything that follows — and missing the deadline typically ends the appeal. Some orders allow interlocutory appeal on a different timeline, but the standard rule is 30 days from judgment.
Step 2: The Record on Appeal
After the Notice of Appeal is filed, the trial court clerk assembles the official record — all filings, transcripts of hearings and trial, and exhibits — and certifies it to the Court of Appeals. Only what is in the record can be considered on appeal. This is why what happens at trial is so consequential: objections must be made, issues must be preserved, and the record must reflect the errors you intend to raise.
Step 3: Appellate Briefs
Once the record is certified, the briefing schedule begins:
- Appellant's Brief — due 30 days after the record is certified. This is the primary document in any appeal. It must present the issues clearly, lay out the relevant facts from the record, state the applicable standard of review, and argue why the trial court's decision should be reversed or modified. Briefs that are unclear, disorganized, or fail to apply the correct standard of review rarely succeed.
- Appellee's Brief — due 30 days after the Appellant's Brief is filed. The appellee argues why the trial court's decision was correct and should be affirmed.
- Reply Brief — optional; the appellant may file a reply within 15 days of the Appellee's Brief to respond to arguments raised in the appellee's filing.
Step 4: Oral Argument
The Court of Appeals may — but is not required to — schedule oral argument. Many cases are decided on the briefs alone. When oral argument is granted, each side typically has 15–20 minutes to argue before the three-judge panel. The judges ask questions. Oral argument is an opportunity to clarify the key issues and address the court's concerns, but the briefs remain the foundation of the appeal.
Step 5: The Opinion
After briefing (and any oral argument), the panel issues a written opinion. The court may affirm the trial court's decision, reverse it, modify it, or remand the case for further proceedings. Some opinions are designated as published — binding precedent for future cases — while others are memorandum decisions (unpublished), which are not binding but may be cited as persuasive authority.
Standards of Review
One of the most important aspects of appellate practice is identifying and applying the correct standard of review. The standard determines how much deference the Court of Appeals gives to the trial court's decision — and it directly affects the difficulty of winning on appeal.
De Novo
Applied to pure questions of law — statutory interpretation, constitutional questions, and whether the correct legal standard was applied. The Court of Appeals makes its own independent determination with no deference to the trial court. This is the most favorable standard for appellants.
Clear Error
Applied to factual findings made by a judge (bench trial). The appellate court will uphold the finding unless it is clearly wrong — that is, a review of the entire evidence leaves the court with a definite and firm conviction that a mistake was made.
Abuse of Discretion
Applied to discretionary trial court decisions — evidentiary rulings, sentencing within a statutory range, case management decisions. The decision will be reversed only if it is clearly against the logic and effect of the facts and circumstances. This is the most deferential — and most difficult — standard for appellants.
Sufficiency of the Evidence
In criminal appeals challenging a conviction, the Court of Appeals will affirm if there is substantial evidence of probative value from which a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. The court does not reweigh the evidence or judge witness credibility.
What the Court of Appeals Cannot Do
Understanding the limits of appellate review is as important as understanding what is possible. The Court of Appeals cannot:
- Hold a new trial or hear new evidence
- Substitute its judgment for the jury's on factual questions
- Consider arguments not raised at trial (issue preservation rules)
- Review issues that were not properly objected to at trial (waiver)
- Grant relief on errors that were harmless — that is, errors that did not affect the outcome
This is why appellate strategy often begins at trial — preserving issues, making proper objections, and building a record that supports an appeal if the verdict or ruling goes the wrong way.
What Hammond Legal Does on Appeal
Hammond Legal handles all phases of Indiana Court of Appeals representation — from evaluating whether an appeal has merit, to drafting the Notice of Appeal and all briefs, to presenting oral argument. This includes both criminal appeals (challenging convictions, sentences, and pretrial rulings) and civil appeals (challenging judgments, evidentiary rulings, and procedural decisions).
Hammond Legal also handles cases where a trial attorney has handled the trial but the client needs separate appellate counsel — a common arrangement that allows a fresh set of eyes to evaluate the record without the limitations that can affect an attorney who has been involved in the case from the start.
Frequently Asked Questions — Indiana Court of Appeals
How long do I have to appeal in Indiana?
Under Indiana Appellate Rule 9, the Notice of Appeal must be filed within 30 days of the final judgment. This is a hard deadline — missing it is almost always fatal to the appeal. If you received an unfavorable judgment, call Hammond Legal at 317-284-9944 immediately.
What is the Indiana Court of Appeals?
The Indiana Court of Appeals is Indiana's intermediate appellate court. It has 15 judges who sit in rotating three-judge panels and handles the vast majority of appeals from Indiana trial courts — both criminal and civil. A party who loses at the Court of Appeals may petition the Indiana Supreme Court for transfer, but that review is discretionary.
What happens after I file a Notice of Appeal?
The trial court clerk assembles the record and certifies it to the Court of Appeals. Once certified, the appellant has 30 days to file the Appellant's Brief. The appellee then has 30 days to respond. After briefing, the court may schedule oral argument or decide on the briefs. A written opinion follows — typically within several months to a year after briefing is complete.
Can I introduce new evidence on appeal?
No. The Court of Appeals reviews only what is in the trial court record. New evidence, new witnesses, and arguments not raised below are generally not considered. This is why issue preservation at trial is critical — an error not properly objected to is typically waived on appeal.
What standard of review applies to my appeal?
It depends on the type of decision being challenged. Legal questions are reviewed de novo (no deference to the trial court). Factual findings are reviewed for clear error. Discretionary rulings are reviewed for abuse of discretion — the most difficult standard. Identifying the right standard is one of the most important tasks in appellate briefing, and getting it wrong weakens the entire argument.
What happens if I lose at the Indiana Court of Appeals?
A party who loses may file a Petition to Transfer to the Indiana Supreme Court within 30 days of the Court of Appeals decision. Transfer is discretionary — the Supreme Court may deny it, in which case the Court of Appeals decision is final. Hammond Legal can evaluate whether your case presents issues likely to attract Supreme Court review.
Does Hammond Legal handle both criminal and civil appeals?
Yes. Hammond Legal handles criminal appeals (challenging convictions, sentences, pretrial rulings) and civil appeals (challenging judgments, custody decisions, employment rulings, and other civil matters) before the Indiana Court of Appeals. We also handle cases where separate appellate counsel is needed for a case tried by another attorney.