Appellate practice generally begins where a judgment ends, although occasionally it can begin even sooner after a pre-judgment ruling is entered but before final judgment. Litigants appeal the trial courts’ rulings when they believe the trial court failed to follow the law or committed a prejudicial error, or where they believe that the facts do not support the decision.
The procedure necessary to file an appeal is quite technical and very time sensitive. In Indiana, litigants have a mere 30 days from the entry of final judgment in which to file their notice. An official transcript and record from the trial court is sent to the appellate court to be used by the judges who will preside over the case and compare the record to the briefs submitted by the appellant (the party filing the appeal) and the appellee (the party responding to the appeal). Sometimes an appeal results in the creation of new law. When that happens, that law becomes case law or common law, which may be cited by future litigants to support their respective legal arguments.
An appellate brief must be structured precisely as specified in the appellate rules, which dictate paper size, typeface, spacing, organizational structure and more. The requirements are strict and the failure to observe them could be catastrophic for those who fail to follow them. In addition, sometimes an appellate court sets a matter for oral argument where both the arguments of both parties are tested with questions from the judges. Litigants would be well advised to rely on experienced counsel to assist them whenever an appeal is eminent.
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