The Indiana Rules of Appellate Procedure
have undergone DRASTIC changes in the last several years.
Pursuant to Indiana Appellate Rule 9, an appeal is initiated by filing
a NOTICE OF APPEAL with the Clerk of the trial court within thirty [30] days
after the entry of a FINAL JUDGMENT or an APPEALABLE FINAL ORDER or,
if a motion to correct error had been filed, within 30 days after the
Court's ruling on the motion or 30 days after the motion is deemed, by
law, denied under Indiana Trial Rule 53.3.
The NOTICE OF APPEAL shall include the following:
(1) Designation of Appealed Order or Judgment. The Notice of Appeal shall designate the appealed judgment or order and whether it is a final judgment or interlocutory order.
(2) Designation of Court to which Appeal is Taken. The Notice of Appeal shall designate the court to which the appeal is taken.
(3) Direction for Assembly of Clerk’s Record. The Notice of Appeal shall direct the trial court clerk to assemble the Clerk’s Record.
(4) Request for Transcript. The Notice of Appeal shall designate all portions of the Transcript necessary to present fairly and decide the issues on appeal. If the appellant intends to urge on appeal that a finding of fact or conclusion thereon is unsupported by the evidence or is contrary to the evidence, the Notice of Appeal shall request a Transcript of all the evidence. In Criminal Appeals, the Notice of Appeal must request the Transcript of the entire trial or evidentiary hearing, unless the party intends to limit the appeal to an issue requiring no Transcript.
The person appealing must pay a filing fee of $250.00. App. R. 9(E).
The appealing party shall have thirty [30] days thereafter in which to file his Appellant’s Case Summary shall be filed within thirty (30) days of the filing of the Notice of Appeal
There are many, many other rules that need to be adhered to if you want to make sure that the appellate courts will consider your appeal. These few are only an example.
Upon receiving an appellate court's decision, a party has a right to petition the appellate court for a REHEARING by applying for a rehearing within thirty [30] days from the date of the decision. Parties opposing the rehearing have fifteen [15] days to respond to the application for rehearing. Indiana Appellate Rule 11(A).
You also have a right to appeal a Court of Appeals decision to the Supreme Court, upon payment of a transfer fee of $125.00 and so long as you petition within thirty [30] days from the date of the ruling on the petition for rehearing sent to the Court of appeals. Indiana Appellate Rule 11(B).
There are many requirements for the form of the RECORD OF THE PROCEEDINGS, for the way the briefs are to be prepared, for documents, such as appearance forms and proofs of service. I suggest that you consult with an attorney familiar with these rules if you are interested in pursuing an appeal.
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Any legal opinions expressed at this site relate to the state of Indiana
only. If you reside or carry on business in any other jurisdiction please
consult an attorney in your own jurisdiction.
WARNING:
All information contained herein is provided solely for the purpose of
giving basic information only. It should not be construed as formal
legal advice. The author disclaims any and all liability resulting from
reliance upon such information. You should seek and consult with your own
professional legal counsel before relying upon any of the information
contained herein.