What is an interlocutory appeal?

An interlocutory appeal is a legal process in which an appellate court reviews an intermediate decision made by a lower court before a case has been fully concluded. In the District of Columbia, this type of appeal is authorized by statute and the rules of the appellate courts. Interlocutory appeals are generally allowed if the decision is of a considerable importance, or if it is necessary to ensure a fair and proper outcome in the case. For example, if the lower court has rendered a decision interpreting or striking down a statute, the court may grant permission for an interlocutory appeal. In most cases, an interlocutory appeal only applies to the legal issues and not to any of the facts of the case. This means that the appellate court won’t weigh evidence or re-evaluate the merits of the case; they will simply determine whether the lower court made a legal error. Once an interlocutory appeal has been granted, the appellate court will issue a decision. This decision may affirm, modify, or reverse the lower court’s decision. If the appellate court upholds the original decision, the case will proceed to trial. If it reverses or modifies the lower court’s decision, the appellate court will send the case back to the lower court for further proceedings.

Related FAQs

What is the doctrine of res judicata and how does it apply to appellate proceedings?
What legal remedies are available in an appeal?
How do I request a change of venue in an appeal?
How should I prepare for oral argument on an appeal?
What is the standard of review in appellate proceedings?
What is an appellate court’s ruling on a motion to dismiss?
What is the scope of review for an appellate court?
What is the time period for filing an appeal?
What is the process for obtaining an appellate court review of a trial court’s decision?
Are parties prohibited from appealing a judge’s decision?

What is an interlocutory appeal?

Related FAQs

Related Blog Posts