The Appeals Process: What Happens If You Lose Your Case and Want a Second Chance?
While appeals aren’t a retrial, they give us a way to address issues such as misapplied law, improper jury instructions, or evidentiary rulings that tipped the balance against us. By pursuing appeals, we preserve our right to challenge decisions that could affect our lives, livelihoods, and liberties.
At The Nice Law Firm, our attorneys have guided countless clients through every phase of litigation in Indianapolis, Indiana, and we know that losing at trial can feel like the end of the road. We can provide experienced counsel through every phase.
Appeals Under Indiana Law
When we talk about appeals, we refer to a formal request asking an appellate court to examine the trial court’s record and ruling. Unlike a new trial, the appellate court won’t hear new evidence or re-examine witness credibility.
Instead, it focuses on questions of law and whether the trial court’s decisions fit within the rules and statutes. In Indiana, the Indiana Rules of Appellate Procedure govern every step, from filing the notice of appeal to oral argument before the Court of Appeals or Supreme Court.
Standards of Review
Appellate courts apply different lenses when reviewing various rulings:
De novo review: Applied to questions of law, this standard means we get a fresh look at legal conclusions without deferring to the trial court’s interpretation.
Clearly erroneous review: Used for factual findings, this standard lets the appellate court uphold the trial court’s fact-based decisions unless there’s a firm belief they were mistaken.
Abuse of discretion review: Employed for discretionary rulings (like evidentiary decisions), the appellate court will only overturn if the trial court’s choice was arbitrary or unreasonable.
By knowing which standard applies, we can frame our arguments to show where the trial judge went beyond those bounds.
Grounds for Appeal
Not every disappointment at trial qualifies for appeals. We must identify actual errors that affected our rights. Common grounds include:
Misapplication of law: Arguing that the trial court applied statutes or precedent incorrectly.
Erroneous jury instructions: Claiming that the instructions misled jurors about legal standards.
Evidentiary errors: Demonstrating that the court wrongly admitted or excluded critical evidence.
Insufficient evidence: Contending that no reasonable factfinder could have reached the verdict based on the record.
Even a seemingly small error can be appealable if it substantially influenced the outcome. That’s why we conduct a thorough review of the trial transcript and record to pinpoint all potential grounds.
Filing an Appeal
Once we decide to seek a second chance, timing and procedure are critical. Indiana Rule of Appellate Procedure 2 dictates that we must file a notice of appeal within 30 days after the entry of judgment. Missing this deadline almost always results in dismissal. The filing process generally involves:
Notice of appeal: We file a concise document with the trial clerk indicating our intent to appeal.
Filing fee: We pay the required appellate court fee or file a fee waiver if eligible.
Designation of record: We list which parts of the trial record—transcripts, pleadings, exhibits—are necessary for review.
Docketing statement: In some cases, we must provide the appellate court with a summary of issues to be raised.
By observing these steps carefully, we preserve our right to have those issues considered on their merits.
The Appellate Review Process
After the notice is filed and the record is settled, the real work begins in writing briefs. The appellant’s brief lays out:
Statement of facts: An objective presentation of what happened at trial.
Statement of issues: Clear, numbered points describing the alleged errors.
Argument: Legal analysis showing how the trial court’s rulings ran afoul of statutes, rules, or precedent.
Prayer for relief: What we want the appellate court to do—reverse, vacate, or remand.
The appellee then submits a responsive brief, defending the trial court’s decisions. At that point, the court reviews the briefs, the record, and the applicable law. In some cases, the court may request oral argument; in others, it decides solely on the written submissions.
Oral Arguments
If the court schedules oral argument, we get a chance to highlight key points in person. Typical features include:
Time limits: Each side is allotted a strict time frame—often 15 to 20 minutes.
Judges’ questions: Panel members may interrupt with questions to clarify arguments or explore weaknesses.
Focus on main issues: We’ll concentrate on the most crucial errors rather than every minor detail.
Strong oral advocacy can make the difference between a favorable and unfavorable ruling, especially when judges have competing interpretations of precedent.
Possible Outcomes of Appeals
The appellate court has several options when issuing its decision:
Affirm: The trial court’s ruling is upheld in full.
Reverse: The appellate court overturns the trial court’s judgment.
Remand: The case is sent back to the trial court for additional proceedings consistent with the appellate decision.
Modify: The court may adjust the judgment, such as changing the award amount.
It’s not uncommon for a combination of these actions, like reversing certain issues while affirming others. By presenting clear, well-supported arguments in our briefs and at oral argument, we maximize our chance of a favorable ruling.
Timeline for Appeals
While appeals offer a fresh look at our case, patience is required. A general timeline might look like:
30 days after judgment: file notice of appeal
60–90 days for record preparation
30 days for the appellant’s brief
30 days for the appellee’s brief
14 days for appellant’s reply brief (if any)
3–6 months until oral argument or decision on briefs
Several more months until the final written opinion
Altogether, the process can span a year or longer, depending on court congestion, intricacies of issues, and whether further review (e.g., petitioning the Indiana Supreme Court) is sought.
Costs and Considerations
Appeals involve expenses beyond trial costs. We factor in:
Filing fees: Statutory fees for notice of appeal and docketing.
Transcript costs: Fees to prepare the official trial transcripts.
Attorney fees: Charges for appellate briefing and oral argument preparation.
Additional expert fees: Occasionally, we need experts to prepare appellate exhibits or provide affidavits.
Because appeals succeed only when legal errors are both substantial and material, we assess the potential benefits against these expenditures before proceeding. We’ll discuss your objectives candidly and advise whether pursuing appeals aligns with your best interests.
When to Seek Further Review
If the Court of Appeals rules against us, we may petition the Indiana Supreme Court for transfer under Rule 57. We’ll consider factors such as:
Conflicting decisions among appellate districts
Questions of major public importance
Significant procedural issues
Erroneous applications of precedent
The Supreme Court accepts only a small fraction of petitions, so we craft persuasive transfer petitions that stress why the issue warrants resolution at the highest state level.
Strategies to Strengthen Your Appeal
To maximize our chances on appeal, we need to build a solid foundation from day one of trial through the briefing stage. Appeals hinge on the trial record, so taking proactive steps can make the difference between a successful reversal and an affirmed judgment.
By focusing on clear issue preservation and cohesive argumentation, we set ourselves up for the best possible outcome.
Preserve the record: We must object to any improper rulings at trial and request specific findings when needed. Without contemporaneous objections, many potential appeals grounds vanish.
Frame clear issues: Crafting concise, well-defined issues helps appellate judges quickly grasp our arguments. Ambiguous or overly broad points risk being dismissed as waived or meritless.
Support with precedent: We back every claim with relevant Indiana caselaw and statutory authority, showing exactly how the trial court’s error conflicts with established law.
Meet all deadlines: Strict adherence to the timing rules under the Indiana Rules of Appellate Procedure is non-negotiable. A single missed deadline can cost us our right to appeals.
Communicate with counsel: Regular check-ins with our appellate lawyer assure that we’re aligned on strategy, understand the process, and can make timely decisions about oral argument or petition for transfer.
With these strategies in place, we’ll be well-prepared to present a compelling case on appeal and carry forward the momentum needed to challenge the trial court’s ruling.
Contact Our Experieced Lawyers Today
We understand how overwhelming a negative trial outcome can feel, but appeals offer hope and a systematic path to challenge errors. Our appellate lawyers have guided clients through each phase—from filing notice to presenting oral argument—and we’ll stand by you to work toward the best possible result.
We serve clients in Indianapolis, Kokomo, Martinsville, Terre Haute, and Lebanon. Call us at The Nice Law Firm today to schedule a consultation.
