Sometimes you go to trial and it doesn’t end up like you thought it would. Maybe the judge did not allow a piece of evidence. Maybe a jury instruction was not given that you or your lawyer thought should be given to the jury. Perhaps a constitutional violation occurred. Maybe you didn’t even know a trial was actually happening because you were never served with court papers. Maybe the trial judge just made a mistake.
If you did not get the result you wanted you at trial, you still have options. But there are also strict time limits in place, so it is very important that you talk to an attorney about your rights immediately once you learn of the court’s decision.
One method is by filing an appeal. In Indiana, you can appeal a trial court’s decision to the Indiana Court of Appeals. The Court of Appeals is different from a trial court because the facts are not in dispute–you don’t get a chance to present new evidence. That means you can only argue that the trial court made a mistake of law based on the facts. Trial courts are given wide discretion because they get to sit and listen to witnesses and they are usually familiar with the case and parties throughout the case. But that doesn’t mean they always get it right.
The process for appealing a case involves filing a Notice of Appeal and serving it on various people. Appealing a case can only happen after what is called a “Final Judgment,” though there are a few limited exceptions (usually if it involves an issue that is essential to the final result). Once you file a Notice of Appeal, the trial court has to prepare a number of documents, including transcripts of hearings and the trial.
The actual appeal is filed through a brief. A brief is anything but what it sounds like. In complicated cases, briefs can be upwards of forty (40) pages or longer. A brief is the argument, and sets out the facts and argues law advantageous to the client’s position. A good brief writer also acknowledges law that could be contrary to the client’s positions, but can come up with reasons for why that law does not apply or is wrong.
Sometimes, but usually rarely, the Court of Appeals will order Oral Arguments. Oral Arguments are very different from trials. For one, they are much shorter: Often each side has ten (10) to (15) minutes to deliver their argument. This is not like a prepared speech; typically judges will ask lawyers questions continuously. The judges often focus in on one or two points from the briefs that they think will help to decide the case. Oral Arguments also do not have evidence. It is the attorney arguing about what law should apply to the situation, or in some cases arguing for a change in the law.
Another option, and in certain circumstances is required before filing an appeal, is a Motion to Correct Errors. This can be an effective way of pointing to specific evidence to give the trial court an opportunity to correct what might have been an incorrect ruling at trial. You can file a Motion to Correct Errors, and then file an appeal.
The third option is to file a Motion to Set Aside. This method does not focus on the substance of the trial court’s decision or the evidence; instead it is about fairness. Essentially it asks the court to have a new trial because something happened that was unfair. This can include if you think the other side committed fraud, the court did not have jurisdiction over you, or you did not receive notice of the court case. You can also appeal a Motion to Set Aside.
Filing an appeal, a Motion to Correct Errors, and/or Motion to Set Aside must be done within certain time periods, so it critical you talk to a lawyer immediately. If the Court of Appeals disagrees with you, you can ask the Indiana Supreme Court to take your case by filing a Petition to Transfer. As the name suggests, you ask the Supreme Court to consider your case. This does not often happen.
Randall Parr and his team have experience with both civil and criminal appeals and post-trial motions in a number of areas of law including major felony, juvenile, and family law issues.