Carter Legal Services LLC Strategy
CARTER LEGAL SERVICES LLC has over 15 years experience in filing appeals, motions to corrects errors and motions for relief from judgment in Indiana and Illinois. To schedule a consultation to discuss your options regarding an appeal, please use our CONTACT page.
Please be aware that Appeals and Motions To Correct Errors in Indiana have STRICT deadlines. It is your responsibility to contact an attorney in time to meet these deadlines.
We will review the Order or Orders in question and discuss the goals you wish to achieve by filing an Appeal or Motion To Correct Errors. We will develop a strategy to focus on your goals and efficiently work to pursue your goals.
A motion to correct errors is a motion directly to the trial court judge who issued the order to make corrections in the order to fix errors that would render the order otherwise unenforceable. It is not a request for a new trial. It is not a request for the court to reconsider its order. It is a motion that identifies specifically where the course made either factual errors or errant applications of the law, and asks the court to correct these so that a coherent order is issued.
Criminal cases also have a remedy called petition for post conviction relief. This can be used to challenge various aspects of the process that led to the conviction, even if that conviction was the result of a plea deal.
Another remedy for civil cases is a petition for relief from judgement. This can be used to challenge an order - even an agreed-to settlement - due to fraud, impossibility of performance, changes in circumstances, decision by default, and other grounds set forth in Indiana Trial Rule 60. This is a very narrow and specific request for relief. Consultation with an experienced attorney is encouraged to review whether this is a viable option for your situation.
An appeal is a filing directly with the Indiana Court of Appeals to review the Order. The Court of Appeals specifically does not reweigh the evidence to come to an alternate decision. The Court of Appeals is very explicit on this. However the Court of Appeals will review that the trial court considered the evidence properly in light of applicable statutes or case law. To that end an appeal is a request for the court of appeals to review the interpretation of the law as embodied in statutes and case law and that the proper evidence was used to reach a legally support decision. An appeal is not a new trial. It is not a request for the court of appeals to reconsider the judge's decision and accept your proposed remedy. An appeal is phrased as questions for the Court of Appeals to answer. The Court of Appeals remands to the trial court with specific instructions concerning the Order being reviewed.