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.

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