BME Appellate Blog

When a party to a legal proceeding is unhappy with a decision or ruling made by a trial court or administrative agency, that party may seek a change in the ruling through an appeal.  An appeal is a process in which a party to a legal proceeding can challenge a ruling made by a trial court or administrative agency by asking a higher court to review the ruling and the proceedings leading up to the ruling.


Typically, appeals are made to an appellate court of proper jurisdiction, the name for which varies depending on the jurisdiction.  In Indiana, the appellate courts are the Indiana Court of Appeals and the Indiana Supreme Court.

An appeal is made to the Indiana Court of Appeals when an unfavorable ruling is made by a trial court.  In other instances, appeals may be made to a trial court, such as in the case where a litigant seeks review of an unfavorable ruling in an administrative proceeding.

The grounds for appellate review typically include errors of law, fact, or procedure.  The reviewing court looks into the proceedings in which the case appeared and makes a determination as to whether the proper rules and procedure were followed and whether the facts and evidence support the ruling.  Appeals may be taken from final judgments and also from interlocutory orders so long as the requirements of the appellate rules and procedures for interlocutory appeals are met.  A litigant may also seek review of an intermediate appellate court decision by appealing the decision to a higher appellate court. 

There are two types of appeals: an appeal as of right and a discretionary appeal.  An appeal as of right is one guaranteed either by the constitution (state or federal), by statute, or by any other legal principle.  An appeal as of right has mandatory review.  Discretionary appeals require permission and acceptance by the appellate court.  While a party may pursue an appeal pro se, in other words, without an attorney, the assistance of an Indiana appellate attorney is preferrable so as to ensure proper compliance with the the appellate rules and procedures and to assist with the complexities of the issues on appeal.  The appellate process is complicated and time consuming.  An appellate attorney may provide the necessary expertise in appellate law practice and may add efficiency and understanding to the process.

There are certain requirements for initiating an appeal, one of which is the filing of a Notice of Appeal pursuant to the appellate rules.  Another requirement is that of a filing fee of $250, with certain exceptions, such as an appeal on behalf of a governmental unit or an appeal prosecuted in forma pauperis, where no filing fee is required.  Otherwise, the filing fee must be paid to the Clerk of the appellate courts when the Notice of Appeal is served on the Clerk.  The Notice of Appeal must direct the trial court clerk to assemble the Clerk's Record and must designate all portions of the transcript necessary to present fairly and decide the issues on appeal.  If a transcript is requested, the party is responsible for payment of the cost of the transcript.