Delphi, IN asked in Appeals / Appellate Law for Indiana

Q: In an appellate brief, is there any case law disallowing citation or reference to the order being appealed?

The Judge in this case provided a summary of his reasoning for ruling as he did. He explains in detail why he made the decision. This is in a Corrected Findings of Fact, Conclusions of Law and Decree of Dissolution. We want to reference what the Judge stated in our Appellee brief. I have never worked on an appeal where this was the case and I've been looking for case law that contradicts citing to the order being appealed. Any thoughts would be appreciated.

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1 Lawyer Answer
Paul Stanko
Paul Stanko
  • Criminal Law Lawyer
  • South Bend, IN
  • Licensed in Indiana

A: The order from which the appeal is being taken must be in the record. You must cite to the record in your brief. Are you attempting to do an appeal pro se? The appellate rules are strict and complicated. You need experienced appellate counsel.

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