What is the process for filing an interlocutory appeal?

In Mississippi, the process for filing an interlocutory appeal is relatively straightforward. An interlocutory appeal is an appeal of a ruling in the middle of a trial or other court proceeding. To begin an appeal, the person filing (the appellant) must file a document known as a notice of appeal. This document must be filed with the trial court, along with a copy of the order that the appellant is appealing. The appellant must also serve a copy of the notice of appeal to all parties, including the trial court judge. After filing the notice of appeal, the appellant must file an appellate brief. This document outlines the arguments as to why the court should overturn the trial order. The brief must also include supporting documentation and case law. Once the appellate brief is filed, the respondent (or the other party to the appeal) can file a response brief. This document should challenge the appellant’s arguments and provide evidence or case law to support the trial court’s decision. The next step is for the appellate court to hear oral arguments from both sides. After hearing both sides, the appellate court will issue a decision. If the court overturns the trial court’s ruling, the appellant will have successfully completed the interlocutory appeal process.

Related FAQs

What is the doctrine of res judicata and how does it apply to appellate proceedings?
What is the process for seeking review by the U.S. Supreme Court?
What is an en banc hearing and how does it differ from a typical appellate hearing?
What is the appellate court’s scope of review for a jury’s factual findings?
What is the process for filing an appellate brief?
What is the difference between a civil and criminal appeal?
What is an appellate court’s ruling on a motion to dismiss?
What is the purpose of an appellate brief?
How does an appellate court evaluate a trial court’s factual findings?
What is the standard of review on a trial court’s decision to admit or exclude evidence?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside 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