How long to appeal in Indiana: Notice of appeal deadlines explained.

You just got a ruling you disagree with. Maybe it was a custody decision that doesn't match what you thought the evidence showed. Maybe it was a sentence that felt heavier than the case warranted, or a civil judgment that put you on the hook for money you don't believe you owe. The first question almost everyone asks is the same one: how long do I have to do something about it?

In Indiana, the short answer is usually 30 days. But the longer answer matters more, because the 30-day clock doesn't always start when you think it does, and missing the deadline by even a single day will almost always end the case for good. This post walks through how long you have to appeal in Indiana, what triggers the deadline, what can pause it, and what happens if you wait too long.

The 30-day rule under Indiana Appellate Rule 9.

In most Indiana civil and criminal cases, you have 30 days to file your notice of appeal. The rule comes from Indiana Appellate Rule 9(A)(1), which says a party initiates an appeal by filing a notice of appeal with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court within 30 days after the entry of a final judgment is noted in the chronological case summary, also known as the CCS.

The notice of appeal is the document that tells the appellate clerk and the trial court you intend to challenge the ruling. It is short, but it is the gatekeeper for everything that follows. Under Appellate Rule 9(A)(5), if the notice of appeal is not timely filed, the right to appeal is forfeited, with one narrow exception for belated criminal appeals under Post-Conviction Rule 2 that we will get to.

Two things about the 30-day rule trip people up. First, the clock does not start on the day you found out about the ruling, the day you got upset about it, or the day you decided to call a lawyer. It starts on the day the trial court enters the final judgment on the CCS. Second, the 30 days run consecutively, including weekends and holidays. Under Appellate Rule 25(B), if the 30th day falls on a Saturday, Sunday, legal holiday, or a day the Clerk's Office is closed, the period runs to the end of the next business day.

If you are looking at a recent order and trying to count days, find the entry date on the CCS, count forward 30 days from the day after entry, and treat that as your deadline. Then call an appellate attorney well before that date, because the notice of appeal is not the only thing that has to happen in those 30 days.

What counts as a final judgment that starts the clock.

Not every order a trial court enters is appealable, and not every appealable order is "final." Under Indiana Appellate Rule 2(H), a judgment is a final judgment if it disposes of all claims as to all parties; if the trial court expressly determines under Trial Rule 54(B) or 56(C) that there is no just reason for delay and directs entry of judgment as to fewer than all claims or parties; if it is deemed final under Trial Rule 60(C); if it is a ruling on a timely motion to correct error under Trial Rule 59 or Criminal Rule 16; or if it is otherwise deemed final by law.

Common final judgments in central Indiana courts include a decree of dissolution of marriage, a final order in a paternity or custody case, a sentencing order in a criminal case, a judgment after trial in a civil dispute, and an order granting summary judgment that resolves the entire case. The same rules apply across Hamilton County, Marion County, Boone County, Hendricks County, and Hancock County because Indiana's appellate rules are statewide.

Some orders feel final but are not. A temporary order in a family law case, a ruling on a discovery dispute, a denial of a motion to dismiss, and most pretrial rulings are interlocutory, meaning they happen during the case rather than ending it. Those orders generally cannot be appealed right away, though Indiana Appellate Rule 14 creates two narrow paths for interlocutory appeals that we will discuss below.

If you are unsure whether what you received is a final judgment, that is one of the most important threshold questions in any appeal. Filing a notice of appeal from a non-final order can get the appeal dismissed and waste filing fees. Failing to file a notice of appeal from a truly final order can forfeit your right to challenge the ruling forever. This is exactly the kind of question to bring to an appellate attorney early.

How motions to correct error and post-judgment motions affect the deadline.

Indiana law gives you a way to ask the trial court to reconsider its own ruling before going up on appeal. The main tool is the motion to correct error under Indiana Trial Rule 59. A timely motion to correct error pauses the appellate clock.

Here is how it works. Under Trial Rule 59(C), a motion to correct error must be filed within 30 days after entry of the final judgment in the CCS. If you file one, the 30-day window to file your notice of appeal does not start running until the trial court rules on the motion or until the motion is deemed denied under Trial Rule 53.3. Once the motion is ruled on or deemed denied, you have 30 days from that date to file your notice of appeal under Appellate Rule 9(A)(1).

Trial Rule 53.3 sets out when a motion is deemed denied. The motion is deemed denied if the court fails to set it for hearing within 45 days of filing, fails to rule within 30 days after the hearing, or fails to rule within 45 days of filing if no hearing is required. The judge can extend the ruling period by up to 30 days through a written entry on the CCS before expiration; any further extension requires application to the Indiana Supreme Court.

Most motions to correct error are optional under Trial Rule 59(A). But they are required for two categories: claims based on newly discovered material evidence (including alleged jury misconduct) that with reasonable diligence could not have been discovered and produced at trial, and claims that a jury verdict is excessive or inadequate. If you want to raise either of those issues on appeal, you have to file a motion to correct error first.

Other post-judgment motions, like a motion under Trial Rule 60(B) for relief from judgment, do not pause the appellate clock the same way. If you file a Rule 60(B) motion more than 30 days after judgment, the appeal deadline from the original judgment has already passed. You can sometimes appeal the denial of the Rule 60(B) motion itself, but that is a narrower appeal with a different scope.

Interlocutory and criminal appeals: shorter or different windows.

The 30-day rule covers most appeals from final judgments, but a few categories run on different tracks.

Interlocutory appeals as of right under Appellate Rule 14(A) require a notice of appeal within 30 days after the order is noted in the CCS. The categories include orders for the payment of money; orders to compel execution of a document or delivery of securities, debt instruments, or things in action; orders for sale or delivery of possession of real property; orders granting, refusing, dissolving, or refusing to dissolve a preliminary injunction; orders appointing or refusing to appoint a receiver; orders on writs of habeas corpus not otherwise appealable directly to the Supreme Court; orders transferring or refusing to transfer a case under Trial Rule 75; and certain administrative agency orders.

Discretionary interlocutory appeals under Rule 14(B) work differently. You first have to ask the trial court to certify the order for interlocutory appeal, which must be done within 30 days after the order is noted in the CCS unless the trial court permits a belated motion for good cause. If the trial court certifies the order, you then have 30 days from the certification to ask the Court of Appeals to accept jurisdiction. If the Court of Appeals accepts, you have 15 days from that order to file your notice of appeal. Each step has its own deadline, and missing any one of them ends the interlocutory appeal.

Criminal appeals follow the same general 30-day rule under Appellate Rule 9(A) for direct appeals from a sentencing order. Indiana also recognizes belated appeals in criminal cases under Post-Conviction Rule 2, which can sometimes give a defendant a path to appeal after the standard deadline has passed. A belated appeal is not a guaranteed second chance, and it requires the defendant to show that the failure to file on time was not the defendant's fault and that the defendant has been diligent in seeking permission, with the trial court's express findings on those points.

If your case involves a child in need of services proceeding, a termination of parental rights, or another expedited matter, additional rules and shortened timelines may apply. Get specific advice quickly in those cases.

What happens if you miss the deadline.

In most Indiana cases, missing the 30-day notice of appeal deadline forfeits the right to appeal. Appellate Rule 9(A)(5) is explicit on this point.

There is a narrow doctrinal point worth flagging. The Indiana Supreme Court has clarified that forfeiture of the right to appeal is not the same as a loss of the appellate court's subject matter jurisdiction, and the Court of Appeals retains narrow discretion to reach the merits in extraordinary circumstances despite an untimely notice of appeal. But that discretion is rarely exercised, and in practice the overwhelming majority of late appeals are dismissed.

There are a couple of other narrow paths back. As mentioned, Post-Conviction Rule 2 provides a belated appeal mechanism in criminal cases under specific conditions. In civil cases, relief under Trial Rule 60(B) may allow a challenge to the underlying judgment on limited grounds (mistake, surprise, excusable neglect, fraud, void judgment, and similar), but the available relief is much more limited than what you could get on a direct appeal, and a Rule 60(B) motion is not a substitute for filing on time.

The practical takeaway: if you are thinking about an appeal, do not wait until day 28 to call a lawyer. The notice of appeal is the easy part. The real work, which includes ordering transcripts, identifying issues, evaluating the record for waiver and preservation problems, and deciding whether to file a motion to correct error, takes time. Appellate attorneys regularly turn down cases where the deadline is days away because there is not enough runway to do the job properly.

Fugate Gangstad Lowe represents clients in Indiana appeals, including criminal appeals, civil appeals, family law appeals, commercial appeals, probate appeals, petitions to transfer to the Indiana Supreme Court, and other post-judgment matters. Anne Medlin Lowe handles the firm's appellate work and gives each case direct attorney attention from the first record review through final briefing and filing. A former judicial law clerk to Judge Paul D. Mathias of the Indiana Court of Appeals, Anne has worked on more than 150 appeals and brings a practical understanding of how appellate judges evaluate records, waiver, harmless error, standards of review, procedural issues, and written advocacy. A strong appeal starts long before the brief is written. Anne helps clients and trial counsel evaluate the record, identify appealable issues, avoid weak arguments that distract from stronger ones, and present the case in a way that is clear, accurate, and useful to the Court. To learn more about Anne, click here. If you are considering an appeal, contact us for a free initial consultation to help you understand your options.

Frequently asked questions about Indiana appeal deadlines.

How many days do I have to appeal in Indiana?

In most civil and criminal cases, you have 30 days from the entry of the final judgment on the chronological case summary to file your notice of appeal under Indiana Appellate Rule 9(A). The 30 days are calendar days, not business days, though under Appellate Rule 25(B) the deadline rolls to the next business day if it falls on a weekend, legal holiday, or day the Clerk's Office is closed.

What happens if I miss the deadline to appeal in Indiana?

In most cases, missing the deadline forfeits your right to appeal under Appellate Rule 9(A)(5). The Indiana Supreme Court has held that forfeiture is not strictly jurisdictional, so the Court of Appeals retains narrow discretion to reach the merits in extraordinary circumstances, but that discretion is rarely exercised. There are also limited exceptions for belated appeals in some criminal cases under Post-Conviction Rule 2. Do not assume you qualify.

Can I extend the deadline to appeal in Indiana?

Generally, no. The 30-day deadline cannot be extended by agreement of the parties or by motion. A timely motion to correct error under Trial Rule 59 effectively extends the window because the appellate clock does not start until that motion is ruled on or deemed denied, but you must file the motion to correct error within the original 30 days.

Where do I file my notice of appeal in Indiana?

The notice of appeal is filed with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court through the state's electronic filing system, with copies served on the trial court judge, the trial court clerk, opposing counsel, and any other persons required by Appellate Rule 24. The contents of the notice are set out in Appellate Rule 9(F).

What is a motion to correct error and does it extend my appeal deadline?

A motion to correct error under Indiana Trial Rule 59 asks the trial court to reconsider or correct its own final judgment. It must be filed within 30 days of the judgment. A timely motion pauses the appellate clock; once the motion is ruled on or deemed denied under Trial Rule 53.3, a new 30-day window to file the notice of appeal begins.

How much does it cost to file a notice of appeal in Indiana?

Under Appellate Rule 9(E), the filing fee is $250. No filing fee is required for appeals prosecuted in forma pauperis or on behalf of a governmental unit. The filing fee is a small fraction of the total cost of an appeal; transcript preparation, brief preparation, and attorney fees are the larger expenses.

Can I appeal a decision before the case is over?

Sometimes. Indiana Appellate Rule 14 allows interlocutory appeals (appeals taken before final judgment) in two main categories: appeals as of right under Rule 14(A) for nine specific types of orders, and discretionary appeals under Rule 14(B) where the trial court certifies the issue and the Court of Appeals accepts jurisdiction. Both have their own deadlines and procedures.

Do I need a lawyer to file a notice of appeal in Indiana?

You can file a notice of appeal on your own. But the notice of appeal is the simplest part of the process. The real work of an appeal (transcript designation, issue identification, brief writing, oral argument) follows a detailed set of rules, and small mistakes early on can shape the entire appeal. Most people who try to handle their own appeals come to regret it.

If you are thinking about an appeal, do not wait.

If you have just received an unfavorable ruling in a Hamilton County, Marion County, or other central Indiana court, the most important thing you can do today is figure out exactly when your 30 days end. The notice of appeal itself is straightforward, but the decisions you make in those first weeks (whether to file a motion to correct error, how to identify appealable issues, what transcripts to order, how to preserve the record) will shape every part of the appeal that follows.

Anne Medlin Lowe focuses on Indiana appeals and has worked on more than 150 of them. If you want a clear-eyed evaluation of your case, your deadline, and your options, call 317-829-6797 or visit https://www.indyappealsattorney.com/contact to schedule a free initial consultation. The earlier we talk, the more we can do.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.