Asked in Appeals / Appellate Law for Indiana

Q: If I don't respond to an appeal of a magistrates decision what happens

I won my case at the magistrate's level and the losing party appealed the judges decision. What happens if I don't respond to the appeal?

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

A: If you fail to respond to an appellate brief, then the factual allegations in that brief are uncontested, and the court will proceed to decide the appeal on the merits. You could still win, but you have given up your right to contest the appellant's arguments.

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