What is an interlocutory appeal?

An interlocutory appeal is a type of appeal that takes place during the course of a case before it gets to the point where all of the issues have been decided by the trial court. This type of appeal is usually used when there is a disagreement over an issue or ruling that could have a critical effect on the outcome of the case. In Nebraska, an interlocutory appeal can be taken when the trial court has made a final ruling on an issue, such as a motion to dismiss, or a court order has been issued that affects a substantial right of a party. The appeal of an interlocutory order is different from a regular appeal because it is not a final disposition of the case. It is simply a request for the higher court to review the trial court’s ruling on the issue and decide whether or not the trial court’s decision was correct. The appellate court may decide to affirm the trial court’s ruling, overturn it, or modify it. If the higher court decides to overturn the trial court’s ruling, the case will go back to the trial court to proceed with the trial. Interlocutory appeals are important because they allow for an immediate review of the trial court’s ruling and they can help the parties avoid a costly trial if the appellate court reverses the ruling. Of course, any party who wishes to take an interlocutory appeal must follow the rules of the court, including filing the appeal within the allotted time, otherwise the appeal will be denied.

Related FAQs

What is an en banc hearing and how does it differ from a typical appellate hearing?
What is the process for filing a petition for rehearing?
What is a writ of certiorari and how is it used in appellate practice?
How do I find a lawyer experienced in appellate law?
What kind of relief can be sought from an appellate court?
What is the process for filing a petition for certiorari to the U.S. Supreme Court?
What are the consequences of an appellate court’s decision?
What is the difference between a discretionary and a non-discretionary appeal?
What evidence is available to support an appeal?
What is the standard of review for an appellate court’s decision?

What is an interlocutory appeal?

Related FAQs

Related Blog Posts