Indiana Certification to Court of Appeals is a procedure by which attorneys in Indiana can seek to have their case heard in the Indiana Court of Appeals. This procedure is designed to expedite the appellate process and allow attorneys to present their cases to the court more quickly. There are two types of Indiana Certification to Court of Appeals: Direct Certification and Permissive Certification. Direct Certification is an expedited review of a case by the court in which the court orders the case to be heard without further argument or briefing. Permissive Certification is a more traditional appellate review process in which the court reviews the case, briefs, and oral argument prior to making a decision.
Indiana Certification to Court of Appeals
State:
Indiana
Control #:
IN-B-424
Format:
PDF
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Certification to Court of Appeals
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FAQ
The Indiana Court of Appeals is the intermediate appellate court of Indiana....Qualifications a U.S. citizen; an Indiana resident; admitted to practice law in the state for at least 10 years or have served as a trial court judge for at least five years; and. under the age of 75 (retirement at 75 is mandatory).
The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court.
A party initiates an appeal by filing a Notice of Appeal with the Clerk (as defined in Rule 2(D)) within thirty (30) days after the entry of a Final Judgment is noted in the Chronological Case Summary.
About the appeals process You must file a Notice of Appeal with both the Indiana Court of Appeals Clerk to begin the appeals process. The filing fee is $250. If you need copies of any portion of the trial court file, make your request within the Notice of Appeal.
The Court of Appeals hears both civil and criminal appeals. It does not hear appeals of criminal cases if the sentence is death or life-without-parole, nor does it hear cases involving taxation or attorney discipline. Most other cases are appealed first to the Court of Appeals.
A ?final judgment? is an order or decision that resolves the entire case. A party can appeal such a judgment by filing a notice of appeal within 30 days of the judgment.
Rule 7 - Review of Sentences (A) Availability. A defendant in a Criminal Appeal may appeal the defendant's sentence. The State may not initiate an appeal of a sentence, but may cross-appeal where provided by law.