Indiana Court of Appeals: Structure and Cases

The Indiana Court of Appeals functions as the state's primary intermediate appellate tribunal, sitting between the trial court level and the Indiana Supreme Court. It resolves the largest volume of appellate cases in Indiana and establishes binding precedent across civil, criminal, and administrative law matters. Understanding its structure, jurisdiction, and decisional framework is essential for attorneys, litigants, and researchers navigating Indiana's judicial system.

Definition and scope

The Indiana Court of Appeals is established under Article 7 of the Indiana Constitution, which grants the General Assembly authority to create intermediate appellate courts. The court operates under statutory authority at Indiana Code § 33-55-1 and is governed procedurally by the Indiana Rules of Appellate Procedure. The court sits in Indianapolis and comprises 15 judges, organized into panels.

Its subject matter jurisdiction is broad. The Court of Appeals holds mandatory appellate jurisdiction over final judgments from Indiana circuit courts, superior courts, and probate courts, as well as appeals from certain administrative agencies. It does not hold original jurisdiction — its function is exclusively appellate. The court does not retry facts; it reviews the record from the originating tribunal.

Scope boundaries: This page addresses the structure and case types of the Indiana Court of Appeals as a state-level institution. Federal appellate matters before the Seventh Circuit Court of Appeals are not covered. The Indiana Supreme Court retains exclusive jurisdiction over specific case categories, including attorney discipline, original actions, and cases involving the death penalty. The Indiana Tax Court handles tax appeals on a separate track and is not governed by the Court of Appeals structure. For a broader orientation to Indiana's governmental structure, see the Indiana Government Authority index.

How it works

The 15 judges of the Indiana Court of Appeals are elected in statewide partisan elections to six-year terms, with initial appointments filled by the Indiana Judicial Nominating Commission when vacancies arise mid-term (Indiana Constitution, Art. 7, §9).

Cases are assigned to three-judge panels drawn from the full 15-judge court. Panels rotate, and no single panel is permanently assigned to a specific case type. The decisional process follows these steps:

  1. Notice of Appeal filed — Filed in the trial court within 30 days of a final judgment, per Indiana Appellate Rule 9.
  2. Record transmission — The Clerk of the trial court transmits the complete record to the Court of Appeals Clerk.
  3. Briefing schedule issued — The appellant's brief is due within 30 days of record certification; the appellee's response follows within 30 days of that.
  4. Oral argument (discretionary) — Panels grant oral argument by order; it is not available as of right in all cases.
  5. Panel decision issued — The majority opinion is binding on the parties; a dissenting or concurring judge may write separately.
  6. Transfer petition — A party may petition the Indiana Supreme Court to accept transfer within 45 days of a Court of Appeals decision, per Appellate Rule 57.

Decisions of the Court of Appeals become final if the Supreme Court denies transfer or does not act within 30 days of the transfer petition deadline.

Common scenarios

The Court of Appeals addresses four major categories of cases with regularity:

Criminal appeals. Defendants convicted in Indiana trial courts have an automatic right of appeal. The court reviews issues including sentencing appropriateness, evidentiary rulings, jury instructions, and constitutional violations. Indiana Appellate Rule 7(B) grants the court authority to review and revise sentences for felony convictions.

Civil litigation appeals. Contract disputes, tort judgments, and property matters originating in circuit or superior courts generate a substantial portion of the docket. The court applies a de novo standard of review for questions of law and a clear-error standard for factual findings.

Family law matters. Dissolution of marriage decrees, custody determinations, child support orders, and adoption rulings are among the most frequently appealed civil matters. The court reviews these for abuse of discretion by the trial court.

Administrative agency appeals. Final orders from agencies such as the Indiana Department of Revenue, the Indiana Department of Workforce Development, and the Indiana Department of Insurance may be reviewed under the Administrative Orders and Procedures Act (Indiana Code § 4-21.5), which sets a substantial evidence standard for factual findings.

Decision boundaries

The Court of Appeals operates within defined limits relative to both the courts below it and the Indiana Supreme Court.

Versus trial courts: The Court of Appeals does not hear new testimony or receive new evidence. It reviews only what was presented to the trial court. A party that did not raise an issue at the trial level generally waives that issue on appeal under the contemporaneous objection rule.

Versus the Indiana Supreme Court: Court of Appeals opinions are binding on trial courts statewide but are not binding on the Supreme Court. When panels of the Court of Appeals reach conflicting conclusions on a legal question, the Supreme Court may accept transfer specifically to resolve the conflict. Approximately 10 to 15 percent of transfer petitions are granted in a given term, based on published Supreme Court statistics (Indiana Supreme Court Annual Report).

En banc review: The full 15-judge court may sit en banc to reconsider a panel decision. This mechanism is used sparingly and requires a majority of the full court to agree to convene. En banc decisions carry greater precedential weight than single-panel opinions and resolve conflicts among prior panels.

Cases involving constitutional questions of first impression, cases conflicting with prior Supreme Court precedent, or cases presenting issues of substantial public importance are the primary candidates for Supreme Court transfer after a Court of Appeals decision.

References