Lawyers, Answer Questions  & Get Points Log In
Indiana Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Indiana on
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?

Paul Stanko
Paul Stanko answered on Sep 17, 2016

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.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: I applied for and was denied a recovery agent license due to answering a question wrong

#2 on application I understood as employment discipline and answered no... My preliminary review hearing (appeal)order states that will be the issue talked about. Will I have to explain all my past mistameanor convictions even though the 5 year requirement has past

Robert Jason De Groot
Robert Jason De Groot answered on Nov 11, 2015

I do not understand this question.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: If a conviction is overturned is that person supposed to bevfree
Robert Jason De Groot
Robert Jason De Groot answered on Oct 22, 2015

Perhaps. We would have to read the decision.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: can the AR cross examine instead of the assessee?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

What is the AR? who is the assessee? What kind of case is this? Not enough facts are given here.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Can probation be modified down from 17yrs to less of a sentence after let's say 5yrs of good behavior and other stuff?

After being released from prison only severing 1 year of a 14 year doc sentence and 6 years probation, my sentenced was modified to 1 year served, 1 year house arrest, and 17 years probation. Since being released I have paid all my fees, did all my community service, maintained good behavior, clean... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 1, 2015

Here is a link that might be helpful: http://www.getoffprobation.com/terminate-indiana-probation

Consider doing an internet search the next time you have a legal question.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: What does Respondent mean?
Paul Overhauser
Paul Overhauser answered on Jan 11, 2011

A "respondent" is a party to a lawsuit that is expected to respond to a filing, usually a petition. The person filing the petition is called the "petitioner." A petitioner is similar to a plaintiff, and a respondent is similar to a defendant.

Paul Overhauser

317 891-1500

www.overhauser.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.