If you’re unhappy with the outcome of your trial, an appeal may be your next step. Appeals provide an opportunity to correct errors made during the trial process that may have unfairly impacted the case’s result. However, the appellate process is quite different from trial litigation and requires a distinct approach. Choosing the right appeals attorney in Indianapolis is critical to giving your case the best possible chance on appeal.
What Is an Appeal?
An appeal is a request for the Indiana Court of Appeals (and, less frequently, the Indiana Supreme Court) to review the decision of a lower court. The purpose is not to re-try the case but to examine whether the law was applied correctly in the trial court. The Court of Appeals will review the trial record, the applicable law, and the arguments presented by both parties in written briefs.
Appeals are often based on legal errors that occurred during the trial, such as:
- Misinterpretation of the Law. If the trial judge misunderstood or misapplied the law, this could provide grounds for an appeal.
- Improper Admission or Exclusion of Evidence. If evidence was wrongly admitted or excluded, it could impact the trial’s outcome. An Indiana appeals attorney can argue why these decisions were incorrect and should be reviewed by the Court of Appeals.
- Procedural Errors. Issues like incorrect jury instructions, improper rulings on motions, or other procedural mistakes can also form the basis for an appeal.
The Appellate Process in Indiana
Filing an appeal in Indiana involves strict rules and deadlines. Missing a deadline or filing incorrect documents could cost you the opportunity to have your case reviewed. That’s why working with an experienced appeal attorney in Indiana is crucial to make sure that your case moves forward smoothly.
1. Filing the Notice of Appeal
The first step is filing a notice of appeal within 30 days of the trial court’s final ruling. This is a critical deadline. Missing it typically means the right to appeal is lost.
2. Preparing the Appellate Brief
The appellate brief is the core of your appeal. It’s where your Indiana appeals attorney presents the legal errors made during the trial and explains why the Court of Appeals should reverse or modify the lower court’s decision. This document must be meticulously written, as it forms the basis of the Court of Appeals’ review.
3. Oral Argument
In some cases, the Court of Appeals will hear oral arguments from both sides. This is an opportunity for your appeals attorney in Indianapolis to emphasize key points from the brief and answer any questions the judges may have.
4. The Decision
After reviewing the briefs and hearing oral arguments, the Court of Appeals will issue its decision. The court can affirm the lower court’s ruling, reverse it, or send the case back to the trial court for further proceedings.
Why You Need an Appeals Attorney
Appealing a case involves different legal skills than trial work. Appellate attorneys must be able to identify legal errors in the trial record, craft compelling legal arguments, and present those arguments in a clear and concise manner. They must also navigate the highly technical rules of the appellate courts.
A skilled appeal attorney can:
- Evaluate Your Case. Not every trial decision can or should be appealed, and an experienced attorney will know how to assess whether your case has strong grounds for an appeal.
- Write Persuasive Legal Briefs. The appellate brief is the most important part of the appeal, and your attorney must be able to craft a convincing argument based on facts, legal principles, and case law.
- Represent You in Oral Arguments. If your case includes oral arguments, your attorney will present your case before the Indiana Court of Appeals, answering questions and clarifying key issues to persuade the judges.
At Fugate Gangstad Lowe, we have years of experience representing clients in appeals across a wide range of legal matters. We understand the complexities of appellate law and work closely with clients to present their cases effectively before the Court of Appeals.
When Should You Consider Filing an Appeal?
If you believe the outcome of your trial was unfair due to a legal error, it’s worth consulting with an Indiana appeals attorney to determine whether an appeal is appropriate. Common signs that you may have grounds for an appeal include:
- Incorrect rulings on evidence or motions.
- Errors in the application of the law by the trial judge.
- Jury instructions that were unclear or incorrect.
If any of these issues affected your case, filing an appeal could be the right decision. However, you’ll need to act quickly to ensure that your case is properly preserved for appeal.
How Fugate Gangstad Lowe Can Help
Appealing a trial court’s decision requires a deep understanding of Indiana appellate law and a strategic approach. At Fugate Gangstad Lowe, our experienced team of appellate attorneys is ready to review your case, identify legal errors, and advocate for you in the Court of Appeals. Whether you’re seeking to overturn a trial court decision or defend a favorable ruling, we’ll work with you every step of the way.
We have a strong track record of helping clients with appeals in various areas of law, including family law, contract disputes, and business litigation. Our focus is always on providing personalized, thorough representation that ensures your legal rights are protected.
Contact Us Today
If you’re considering an appeal, don’t wait. Contact Fugate Gangstad Lowe today to schedule a consultation with an experienced appeals attorney in Indianapolis. We’ll evaluate your case, explain your options, and help you move forward with confidence in the appellate process.
Disclaimer. This article is for informational purposes only and does not constitute legal advice. Please contact an attorney for advice regarding your specific situation.