What is the process for filing an interlocutory appeal?
An interlocutory appeal is an appeal of a ruling by a trial court prior to the conclusion of the trial. In New Hampshire, the process for filing an interlocutory appeal begins with requesting permission from the trial court. The motion must include a clear description of the legal issue that will be raised on appeal. This request is known as the petition for interlocutory appeal. Once the trial court has granted the petition, the petitioner must file a notice of appeal to the New Hampshire Supreme Court. This document should include a statement of the facts and legal issues involved, as well as a copy of the trial court order (unless the parties agree to a different procedure). The next step is the transmitting of the trial court’s record. This includes the documents filed by the parties, pleadings, depositions, and any other evidence from the trial court. Once the trial court’s record is complete, it should be sent to the New Hampshire Supreme Court. The final step is for the parties to submit their briefs. This is their opportunity to present their arguments to the Supreme Court. These documents should include citations to applicable case law and must be served on the other parties in the case. Once the parties have submitted their briefs, the New Hampshire Supreme Court will hear oral arguments before issuing a ruling.
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