What is the process for filing an interlocutory appeal?
In Nebraska, an interlocutory appeal is an appeal of a decision made by a trial court before the case has been completely resolved. The process for filing an interlocutory appeal in Nebraska can vary depending on the nature of the order being appealed. Generally, the process begins with filing a motion in the trial court requesting permission to appeal. The motion must include the case number, a description of the order that is being appealed, and any supporting legal authority. If the motion is granted, then the appellant must submit to the clerk of the appellate court a Notice of Appeal and a copy of the order being appealed. The appellant then has thirty days from the date of the order being appealed to file a brief in the appellate court. The appellant must also file a record of the proceedings in the trial court, which includes transcripts of court appearances, filings, and any orders related to the appeal. Once the brief and record have been filed, the appellant can ask the appellate court to schedule oral arguments. This is when the appellant and appellee will present their arguments to the court and answer any questions the court may have. The appellant can also choose to submit reply briefs to address any arguments or issues raised by the appellee. After all the briefs have been submitted, the court will render its decision and issue a written opinion. This opinion can then be appealed to the Nebraska Supreme Court.
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