You lost at trial, or the judge ruled against you on something that decides your case, and now you are staring at two pieces of paper everyone keeps mentioning. A motion to correct error. A notice of appeal. They sound like the same thing, and people use them almost interchangeably in conversation, but they are not the same thing, and confusing the two is one of the faster ways to lose your right to challenge a ruling. Understanding the difference between a motion to correct error and a notice of appeal in Indiana matters because each one goes to a different court, does a different job, and runs on a different clock. This post lays out what each document is, when you would use one over the other, and the deadline traps that catch people who try to figure it out on their own.
What does a motion to correct error actually do?
A motion to correct error is something you file in the same trial court that just ruled against you. You are not going up to a higher court yet. You are going back to the same judge and saying, in effect, you got this wrong and here is specifically why, please fix it. The governing rule is Indiana Trial Rule 59, and it tells you both when this motion is available and when you are required to use it. Indiana Court Rules
Here is the part that surprises most people. For most issues, a motion to correct error is optional. Under the rule, a motion to correct error is not a prerequisite for appeal, which means for the typical case you can skip it entirely and go straight to the Court of Appeals. All other issues and grounds for appeal that were properly preserved during trial can be raised for the first time in your appellate brief. So if your complaint is that the judge let in evidence that should have been excluded, or applied the wrong legal standard, you generally do not have to ask the trial judge to reconsider before you appeal. Indiana Court Rules
There are narrow situations where the motion is mandatory. You must file a motion to correct error when you are raising newly discovered material evidence, including alleged jury misconduct, that could be produced within thirty days of final judgment and that you could not have discovered and produced at trial with reasonable diligence. You also must file one when your claim is that a jury verdict is excessive or inadequate. These are the kinds of problems that live outside the trial record, so the trial judge has to look at them first. If your appeal turns on one of these and you skip the motion, you can forfeit the issue. Indiana Court Rules
The deadline is firm. A motion to correct error must be filed no later than thirty days after the entry of a final judgment is noted in the Chronological Case Summary. The Chronological Case Summary, or CCS, is the official running docket of your case, and that notation is what starts the clock. Not the day you found out. Not the day you got the letter. The day it hits the CCS. Indiana Court Rules
What does a notice of appeal do, and how is it different?
A notice of appeal is the document that actually starts your appeal in front of the higher court. It is governed by Indiana Appellate Rule 9, and filing it is the formal step that moves your case out of the trial court and into the Indiana Court of Appeals. A motion to correct error asks the trial judge to fix a mistake. A notice of appeal tells a different, higher set of judges that you want them to review what happened below. That is the core distinction, and it is why the two are not interchangeable even though they often come up in the same breath. Indiana Judicial Branch
The notice of appeal runs on its own thirty-day clock, and this is where the relationship between the two documents gets people into trouble. A party starts an appeal by filing a notice of appeal within thirty days after the entry of a final judgment is noted in the Chronological Case Summary. But that deadline shifts if a motion to correct error is in the picture. If any party files a timely motion to correct error, the notice of appeal must instead be filed within thirty days after the court’s ruling on that motion is noted in the Chronological Case Summary, or thirty days after the motion is deemed denied under Trial Rule 53.3, whichever happens first. Indiana Judicial Branch
Read that twice, because the phrase “deemed denied” does a lot of quiet work. A motion to correct error does not always get a ruling. If the judge sits on it, the rules eventually treat it as denied by the passage of time alone, and your appeal clock starts running whether or not anyone tells you. You can be waiting on a ruling that, as far as the rules are concerned, already happened. This is the single most common way people blow an Indiana appeal deadline, and it is why the interaction between these two filings is not something to eyeball.
Miss the notice of appeal deadline and the consequences are serious. The right to appeal can be forfeited, and while Indiana courts have some discretion to hear a late appeal in certain circumstances, you do not want your entire case riding on whether a court chooses to be forgiving. If you are weighing whether to challenge a ruling and want a fuller picture of what the process involves, our overview of how appeals work in Indiana walks through the steps in plainer terms.
When would you use one instead of the other?
For a lot of cases, the honest answer is that you go straight to the notice of appeal and never touch a motion to correct error. If your issues were preserved at trial and they live in the record, the motion adds a step without adding value, and it can eat up time you would rather spend on the appeal itself.
You reach for the motion to correct error when the problem is one the trial judge has to address first, the newly discovered evidence and jury misconduct situations, or a claim that the verdict was excessive or inadequate. You might also consider it strategically when you genuinely believe the trial judge would correct an obvious mistake faster and cheaper than a full appeal would, though that is a judgment call that depends heavily on the facts and on the judge. It is also worth knowing that the two are not mutually exclusive in the way people assume. A party can file a motion to correct error, reconsider, and then file a notice of appeal before the thirty-day window closes, and it is not unusual for both documents to show up in the same case.
One more point that trips people up – not every adverse ruling is even appealable yet. If the judge ruled against you on something but your case is still ongoing, you may be looking at an interlocutory order rather than a final judgment, which follows a different set of rules entirely. We cover that situation in our post on interlocutory appeals and how to appeal before your case is over. Figuring out whether you have a final judgment is the first question, because it determines which clock you are even on.
Fugate Gangstad Lowe represents clients in Indiana appeals, including criminal appeals, civil appeals, family law appeals, commercial appeals, probate appeals, petitions to transfer to the Indiana Supreme Court, and other post-judgment matters. Anne Medlin Lowe handles the firm’s appellate work and gives each case direct attorney attention from the first record review through final briefing and filing. A former judicial law clerk to Judge Paul D. Mathias of the Indiana Court of Appeals, Anne has worked on more than 150 appeals and brings a practical understanding of how appellate judges evaluate records, waiver, harmless error, standards of review, procedural issues, and written advocacy. A strong appeal starts long before the brief is written. Anne helps clients and trial counsel evaluate the record, identify appealable issues, avoid weak arguments that distract from stronger ones, and present the case in a way that is clear, accurate, and useful to the Court. To learn more about Anne, click here. If you are considering an appeal, contact us for a free initial consultation to help you understand your options.
How much time and money is involved either way?
Whichever document starts your challenge, the realistic timeline runs longer than most people expect. A motion to correct error adds weeks or a couple of months on the front end before the appeal even begins. The appeal itself usually takes a few months but can stretch to several months or more than a year depending on a bunch of different factors, including how long the transcript takes, how complex the issues are, and the court’s own schedule. Cost varies with the size of the record and the difficulty of the issues. We break down the realistic numbers in our post on how long an appeal takes in Indiana and what it costs, and if you are still deciding who to call, our guide to finding the right appeals attorney in Indianapolis covers what to look for.
Frequently asked questions about a motion to correct error vs a notice of appeal
What is the difference between a motion to correct error and a notice of appeal in Indiana?
A motion to correct error is filed in the trial court asking the same judge to fix a mistake, while a notice of appeal is filed to start review in the Indiana Court of Appeals. They go to different courts and serve different purposes.
Do I have to file a motion to correct error before I appeal in Indiana?
Usually no. For most preserved issues it is optional, and you can raise them for the first time in your appellate brief. It is only required in narrow situations such as newly discovered evidence, alleged jury misconduct, or a claim that a jury verdict is excessive or inadequate.
How long do I have to file a notice of appeal in Indiana?
Generally thirty days after the entry of final judgment is noted in the Chronological Case Summary. If a timely motion to correct error is filed, the deadline shifts to thirty days after the ruling on that motion, or thirty days after it is deemed denied, whichever comes first.
What happens if the judge never rules on my motion to correct error?
Under Trial Rule 53.3, a motion to correct error can be deemed denied by the passage of time even without a ruling. When that happens, your appeal deadline can start running without anyone notifying you, which is a common way deadlines get missed.
Can I file both a motion to correct error and a notice of appeal?
Yes. A party can file a motion to correct error and later file a notice of appeal, sometimes after changing course, as long as it is done within the applicable deadline.
What happens if I miss the deadline to appeal in Indiana?
The right to appeal can be forfeited. Indiana courts have some discretion to hear a late appeal in limited circumstances, but missing the deadline puts your entire appeal at risk and should be avoided.
What to do next
If you are sorting out whether you need a motion to correct error or whether to go straight to a notice of appeal, the deadlines are already running, so this is not a decision to sit on. The right move depends on the specific issue you want to raise, whether you have a final judgment, and where you are in that thirty-day window. If you lost at trial or got an adverse ruling anywhere in central Indiana, including Marion, Hamilton, Boone, Hendricks, or Hancock County, we can review what happened and tell you which path actually fits your situation before a deadline forecloses it. Call Fugate Gangstad Lowe at 317-829-6797 or reach us through our contact form to talk through your options.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.