Rule 66. Relief Available On Appeal
Effective January 1, 2010
A. Harmless Error.
No error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting relief or reversal on appeal where its probable impact, in light of all the evidence in the case, is sufficiently minor so as not to affect the substantial rights of the parties.
B. Dismissal of Appeals.
No appeal shall be dismissed as of right because the case was not finally disposed of in the trial court or Administrative Agency as to all issues and parties, but upon suggestion or discovery of such a situation, the Court may, in its discretion, suspend consideration until disposition is made of such issues, or it may pass upon such adjudicated issues as are severable without prejudice to parties who may be aggrieved by subsequent proceedings in the trial court or Administrative Agency.
C. Disposition of Case.
The Court may, with respect to some or all of the parties or issues, in whole or in part:
(1) affirm the decision of the trial court or Administrative Agency;
(2) reverse the decision of the trial court or Administrative Agency;
(3) order a new trial or hearing;
(4) if damages are excessive or inadequate, order entry of judgment of damages in the amount supported by the evidence;
(5) if damages are excessive or inadequate, order a new trial or hearing subject to additur or remittitur;
(6) order entry of Final Judgment;
(7) order correction of a judgment or order;
(8) order findings or a judgment be modified under Ind. Trial Rule 52(B);
(9) make any relief granted subject to conditions; and
(10) grant any other appropriate relief.
D. New Trial or Hearing.
The Court shall direct that Final Judgment be entered or that error be corrected without a new trial or hearing unless this relief is impracticable or unfair to any of the parties or is otherwise improper. If a new trial is necessary, it shall be limited to those parties and issues affected by the error unless this would be impracticable or unfair.
E. Damages for Frivolous or Bad Faith Filings.
The Court may assess damages if an appeal, petition, or motion, or response, is frivolous or in bad faith. Damages shall be in the Court's discretion and may include attorneys' fees. The Court shall remand the case for execution.
F. Execution From the Court on Appeal.
Any execution issued by the Court on Appeal shall be the same as those issued by other courts of record and shall be returnable in the same manner.