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33 Cards in this Set
- Front
- Back
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In general, when are you allowed to file appeals?
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after "final judgments"
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Three (3) Characteristics of a "Final Judgment"?
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1. disposes of all claims
2. as to all parties 3. labeled as a judgment |
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Interlocutory Appeals:
What are (3) immediately appealable issues? |
1. requires payment of "Money"
2. transfers of "Real Property" 3. "Preliminary Injunctions" |
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Interlocutory Appeals:
What three (3) things must you show the trial court to have them "Certify" the issue so that you can Interloc? |
1. appellant will suffer "Substantial Harm"
2. asks a "Substantive Question of Law", and 3. "Post-Judgment Remedy is Inadequate" |
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After Final Judgment, you have how many days to file....
Motion to Correct Errors? Notice of Appeal to Trial Court Clerk? |
30
30 |
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What are you asking for in a "Motion to Correct Errors" (Rule 59)?
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for the court to "reconsider some issue"
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Motion to Correct Errors:
When are the two (2) times that it is a "mandatory prerequisite" to a right to appeal? |
1. newly discovered evidence (like juror misconduct), or
2. jury verdict is excessive or inadequate |
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Notice of Appeal:
How long do you have to file after interlocutory certification or final judgment? |
30 days
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Notice of Appeal:
Who do you file the notice with? What does she then do? Who do you send copy of notice and fee to? |
Trial Court Clerk
Starts to assemble the record Appellate Court |
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Appellant's "Case Summary":
filed with? filed within? must identify? (5) |
filed to Appellate Court
within 30 days Must identify 1) parties, 2) name of judge/trial court, 3) brief summary of case events, 4) transcript, and 5) anticipated issues. |
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Direct Appeals to Supreme Court:
They hear two (2) types of cases directly? |
1. State/Fed. law been found unconstitutional
2. Mandate Actions (i.e., trial court "mandates" county council to take action). |
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Direct Appeals to Supreme Court:
A direct appeal to the Supreme Court MUST involve...? |
Some issue of "Great Public Importance" or "Emergency"
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Motion Practice in Appellate Court:
After motion filed, how long to respond, generally? |
10 days
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Motion Practice in Appellate Court:
How long before deadline must you file for a "motion for extension in time"? |
7 days
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Motions for Extension in Time:
In what two (2) instances are they NEVER given? |
1. petition for re-hearing
2. petition for transfer to Supreme Court |
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Motion to Stay Judgment:
Who do you file it to? What are you asking for? |
filed to Trial Court
Asking to "stay the judgment" until appellate process. |
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When are the Briefs filed after the record is completed?
For Appellant? For Appellee? Reply Brief? |
30 days
30 days 15 days |
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What must the Appellate Brief contain? (10)
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1. T.O.C.
2. Statement of Authorities 3. Statement of Issues 4. Statement of the Case 5. Statement of Material Facts 6. Summary of the Argument 7. Body of Brief 8. Conclusion 9. Word Count Certification 10. Certificate of Service |
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Cross-Errors on Appeal:
If the defendant wants to raise his own "cross-errors" on appeal, he may either...? (2) |
1. initiate own appeal
2. raise in appellee's brief |
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Preservation for Appeal:
Timing - If you don't raise it at the trial, it is __________? |
waived
nothing can be raised for the first time on appeal |
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Preservation for Appeal:
Two (2) ways to "preserve" Jurisdiction as an appealable issue? |
1. 12(b)(2) Motion to Dismiss
2. Raise as an Affirmative Defense in Answer |
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Preservation for Appeal:
How do you preserve the "admission of evidence" for appeal? |
Object
and Give Reasons for Objection |
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Preservation for Appeal:
How do you preserve the "exclusion of evidence" for appeal? |
Object
and Make an "Offer of Proof" |
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Preservation for Appeal:
How do you preserve the "Jury Instruction" for appeal? |
Object to why it should or should not come in.
provide a copy of the instruction for the record |
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Standard of Review:
De Novo Review - Issues of ________? Deference? |
Issues of Law
No Deference to Trial Court |
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Standard of Review:
Abuse of Discretion - Issues _______________ of the Trial Court? Overturned if...? |
Issues "Resolved by the Discretion" of Trial Court.
Overturned if decision was... "Clearly against the logic and effects of the facts before them". |
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Standard of Review:
Clearly Erroneous (very tough to overturn) - Used to review ______________? Usually Review determinations made in _____________ ? |
Factual Determinations
Court Trials |
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Standard of Review:
Clearly Erroneous (very tough to overturn) - Appellate Court NOT allowed to ______________? Only overturned when there is ______________ to support the verdict. |
Reweigh Evidence
Absolutely No Reason |
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Standard of Review:
Harmless Error (all trials have errors)- Won't be overturned if there is _________________ that the case would have turned out different. |
No Significant Likelihood
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Petition for Rehearing:
Time to petition? Response time? When should you maybe try? What are you asking for? |
30 Days
15 Days 2-1 Vote (never 3-0, you look stupid). To reconsider one or more issues. |
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Transfer to Indiana Supreme Court:
Their decision to hear the case is _____________? |
Discretionary
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Transfer to Indiana Supreme Court:
Time to file transfer? Response? Reply? |
30 days
20 days 10 days |
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Transfer to Indiana Supreme Court:
Six (6) Grounds for Transfer? |
1. Not in Harmony with Other Court of Appeals Decisions,
2. Conflicting with Supreme Court Precedent, 3. Conflicts with Federal Law, 4. Case of First Impression, 5. Court Relied on Erroneous Law 6. Decision Significantly departed from "Existing Law and/or Practice". |
