Indiana Court of Appeals vs Indiana Supreme Court: Where your case goes and why

You lost in the trial court. Maybe it was a custody ruling in Hamilton County, a criminal conviction in Marion County, or a contract dispute that went sideways in Boone County. Now you are looking at an appeal and trying to figure out which court will actually decide your case. The Indiana Court of Appeals vs Indiana Supreme Court question is one of the first things people get wrong, and it matters because the two courts handle appeals very differently. One reviews almost every appeal as a matter of right. The other picks and chooses, and only steps in when the case raises something bigger than the parties themselves. This post walks through what each court does, how cases move between them, and what to realistically expect if your appeal lands in central Indiana.

The two courts do very different jobs

Indiana has a layered appellate system, and the two courts at the top are not interchangeable. The Indiana Court of Appeals is the intermediate appellate court. It handles the volume. Almost every civil and criminal appeal from a trial court in this state, whether the case started in Marion, Hamilton, Hendricks, Boone, Hancock, or Johnson County, lands there first. Three-judge panels review the trial record, read the briefs, sometimes hold oral argument, and then issue a written decision. That decision either affirms what the trial court did, reverses it, sends it back for further proceedings, or some combination.

The Indiana Supreme Court sits above the Court of Appeals and has a much narrower workload by design. It does not exist to give every losing party a second appeal. Under Indiana Appellate Rule 4, the Supreme Court has mandatory jurisdiction only over a short list of cases: appeals where a sentence of death or life without parole was imposed, appeals where the trial court declared a state or federal statute unconstitutional, appeals involving waiver of parental consent to abortion, and appeals involving the mandate of funds under Trial Rule 60.5(B). Everything else that reaches the Supreme Court gets there through its discretionary jurisdiction, which means the Supreme Court chose to take the case.

The practical takeaway is straightforward. If you are appealing an ordinary civil or criminal judgment from a central Indiana trial court, your case is almost certainly headed to the Court of Appeals first. Anyone telling you otherwise is either describing one of the narrow mandatory categories or skipping a step.

How appeals start: the Court of Appeals is the default

For most appeals, the path is the same. You file a Notice of Appeal within thirty days after the trial court enters final judgment, as required by Indiana Appellate Rule 9(A). If you filed a timely motion to correct error, that thirty-day clock runs from the ruling on that motion or from the date it is deemed denied, whichever comes first. Miss that deadline and your appeal is generally over before it starts. There are limited exceptions, but waiting and hoping is not a strategy. If you want a deeper walkthrough of the timing and procedure, our complete guide to filing an Indiana appeal lays it out step by step.

Once the Notice of Appeal is filed, the case proceeds in the Court of Appeals under Appellate Rule 5, which gives that court jurisdiction over appeals from final judgments of circuit, superior, probate, and county courts. The trial court clerk and the court reporter then prepare the record and transcript. Briefs are filed. A three-judge panel reviews everything and issues a decision. In the typical case, that decision is the end of the road. Most appeals do not go to the Supreme Court, and most do not need to.

This is the part that often surprises people. Folks assume that if they lose at the Court of Appeals, the Supreme Court is the natural next step and will obviously want to hear the case. In reality, the Supreme Court declines the vast majority of requests it receives. The system is built that way on purpose. The Court of Appeals is the workhorse, and the Supreme Court reserves its time for cases that affect more than just the parties involved.

The narrow set of cases that go directly to the Supreme Court

Some appeals skip the Court of Appeals entirely and go straight to the Indiana Supreme Court. These are the mandatory jurisdiction cases listed in Appellate Rule 4(A)(1). The most well-known category is criminal appeals where the defendant was sentenced to death or life without parole under Indiana Code section 35-50-2-9, along with post-conviction relief cases where the sentence was death. The Supreme Court also has mandatory jurisdiction over appeals from final judgments declaring a state or federal statute unconstitutional in whole or in part, appeals involving waiver of parental consent to abortion under Appellate Rule 62, and appeals involving the mandate of funds under Trial Rule 60.5(B).

There is also a rare path under Appellate Rule 56(A), which allows the Supreme Court to accept jurisdiction over an appeal that would normally go to the Court of Appeals if a party shows the case involves a substantial question of law of great public importance and that an emergency requires a speedy determination. This happens infrequently, and the standard is high. Most appeals that try to use this route do not succeed.

For criminal defendants in central Indiana facing serious sentences, the routing question can come up early. If the sentence is anything short of death or life without parole, the appeal goes to the Court of Appeals under the standard rules. That includes Level 1 through Level 6 felonies, misdemeanor convictions, and post-conviction relief cases where the sentence was not death. If you are not sure where your case fits, our criminal appeals overview explains how Indiana classifies these cases and where they are heard.

The petition to transfer: the bridge from the Court of Appeals to the Supreme Court

Most people who end up at the Indiana Supreme Court get there through a petition to transfer. This is the formal request asking the Supreme Court to take the case after the Court of Appeals has decided it. Indiana Appellate Rule 57 governs the process, and the deadlines are tight.

If you did not seek rehearing from the Court of Appeals, your petition to transfer must be filed no later than forty-five days after the adverse decision. If you did seek rehearing, you have thirty days from the Court of Appeals' disposition of the rehearing petition. These deadlines do not get extended by the three-day mail rule under Appellate Rule 25(C), and no other extension is allowed. The filing fee is $125, waived for state or governmental parties and for parties who proceeded in forma pauperis below.

Filing a petition to transfer is not the same as getting transfer granted. The Supreme Court has full discretion to decline. Appellate Rule 57(H) lists the principal considerations the Court weighs: conflicts among Court of Appeals decisions on the same important issue, conflicts with Supreme Court decisions, conflicts with United States Supreme Court or federal appellate decisions on federal questions, important questions of law or matters of great public importance that the Supreme Court has not yet decided, ruling precedent that needs reconsideration or clarification, and significant departures from accepted law or practice. The petition itself is short, governed by Rule 44's length limits, and the entire posture is different from the briefs you filed in the Court of Appeals. You are no longer just arguing that the trial court got it wrong. You are arguing that the case is important enough for the Supreme Court to spend its limited time on.

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, visit her attorney profile. If you are considering an appeal, contact us for a free initial consultation to help you understand your options.

What happens after the Supreme Court rules on transfer

If the Supreme Court denies transfer, the Court of Appeals' decision stands as the final word in your case. Under Appellate Rule 58(B), the denial of a petition to transfer has no legal effect beyond ending the case in the Supreme Court, and you cannot file a petition for rehearing from that denial. For most central Indiana litigants whose petitions are denied, this is simply the end of the appeal.

If transfer is granted, the dynamic changes. Appellate Rule 58(A) provides that the Court of Appeals' opinion is automatically vacated, with two narrow exceptions: portions the Supreme Court expressly adopts and incorporates by reference, and portions the Supreme Court summarily affirms, which are then treated as Court of Appeals authority. The Supreme Court then takes full jurisdiction over the appeal as if it had been filed there originally. The case may proceed with additional briefing or oral argument, and the Supreme Court issues its own opinion.

There is also a procedural quirk worth knowing about. Under Appellate Rule 58(C), if the Supreme Court is evenly divided on whether to grant transfer, transfer is deemed denied. If the Court is evenly divided after transfer has been granted, the Court of Appeals' decision is reinstated. These outcomes are uncommon but they happen, and they show how much the composition of the Court and the way individual justices view a case can shape the result.

Knowing what each court is for, how appeals move between them, and what realistic odds look like helps you decide whether to pursue an appeal in the first place. It also helps you and your attorney decide where to put your energy: building a strong Court of Appeals brief that gives you the best shot at winning outright, or shaping arguments that can also carry weight if a petition to transfer becomes necessary down the line. Our appellate practice page goes into more detail about the kinds of cases we handle and how the process tends to unfold in practice.

Frequently asked questions about the Indiana Court of Appeals and Indiana Supreme Court

What is the difference between the Indiana Court of Appeals and the Indiana Supreme Court?

The Indiana Court of Appeals is the intermediate appellate court and hears most appeals from Indiana trial courts. The Indiana Supreme Court is the state's highest court and has limited mandatory jurisdiction along with discretionary authority to take cases on transfer from the Court of Appeals.

Does my Indiana appeal go to the Court of Appeals or the Supreme Court?

In the vast majority of cases, your appeal goes to the Indiana Court of Appeals first. Only a narrow list of cases, such as those involving a death sentence, life without parole, or a trial court ruling that a statute is unconstitutional, go directly to the Indiana Supreme Court under Appellate Rule 4.

Can you appeal directly to the Indiana Supreme Court?

Direct appeals to the Indiana Supreme Court are rare and limited to specific case types listed in Appellate Rule 4(A)(1). In extraordinary situations, Appellate Rule 56(A) allows the Supreme Court to accept jurisdiction over a case that would otherwise go to the Court of Appeals, but this requires a substantial question of law of great public importance and an emergency.

How long do you have to file a petition to transfer in Indiana?

Under Indiana Appellate Rule 57(C), a petition to transfer must be filed no later than forty-five days after the Court of Appeals decision if rehearing was not sought, or thirty days after the disposition of a petition for rehearing if one was filed. No extensions are allowed.

What is a petition to transfer in Indiana?

A petition to transfer is a formal written request asking the Indiana Supreme Court to take a case after the Court of Appeals has issued a decision. It is governed by Appellate Rule 57 and is the main way that cases move from the Court of Appeals to the Supreme Court.

Does the Indiana Supreme Court have to take my case?

No. Outside of the narrow mandatory jurisdiction categories in Appellate Rule 4, the Supreme Court has full discretion over whether to grant transfer. It denies the majority of petitions it receives.

How many judges hear an appeal in Indiana?

Appeals at the Indiana Court of Appeals are typically decided by three-judge panels. The Indiana Supreme Court is made up of five justices, and the full Court considers cases that come before it.

What happens if the Indiana Supreme Court grants transfer?

If the Supreme Court grants transfer, the Court of Appeals opinion is automatically vacated except for any portion the Supreme Court expressly adopts or summarily affirms, and the Supreme Court takes over full jurisdiction of the appeal under Appellate Rule 58(A).

Thinking through your Indiana appeal

The Indiana Court of Appeals vs Indiana Supreme Court question is rarely an either-or choice you make on day one. For almost every appeal out of Indianapolis, Fishers, Carmel, Noblesville, and the surrounding counties, the route runs through the Court of Appeals first, with a possible petition to transfer if the case is right for it. The strategy that works in one court is not always the strategy that works in the other, and the procedural deadlines are unforgiving. If you are weighing an appeal or facing a tight deadline after a Court of Appeals decision, call Fugate Gangstad Lowe at 317-829-6797 or reach us through our contact page for a free initial consultation. We can help you figure out which court your case belongs in and what realistic next steps look like.

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.