What is an interlocutory appeal?
An interlocutory appeal is a type of appeal in which an appellate court reviews a ruling made by a lower court during the proceedings of a case, rather than after a final ruling has been made. In South Carolina, an interlocutory appeal is allowed when a lower court’s ruling affects a “substantial right” of a party in the case. An example of a ruling which affects a substantial right would be a ruling which makes it difficult for the party to present their case and/or which prejudices their rights during the trial. When an interlocutory appeal is granted, the appellate court will review the ruling and either affirm it or modify it. If they modify the ruling, the modified ruling will be sent back to the lower court for implementation. An interlocutory appeal allows parties to have their legal rights protected during the proceedings of a case, rather than waiting until a final ruling has been made.
Related FAQs
Are parties able to challenge an appellate court’s decision through a petition for rehearing?What is the process for filing a petition for certiorari to the U.S. Supreme Court?
What is the role of an appellate court in a criminal case?
How do I request a change of venue in an appeal?
What is an amicus curiae brief?
What is the role of an amicus curiae in an appellate court?
Is oral argument available at the appellate level?
What is the appellate court’s scope of review for a jury’s factual findings?
What is the process for obtaining an appellate court’s review of a jury verdict?
What is an appellate court’s ruling on a motion to dismiss?
Related Blog Posts
Important Tips for Effective Appellate Law Representation - July 31, 2023Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023