What is the process for filing an interlocutory appeal?

An interlocutory appeal in North Carolina is a type of appeal that takes place before a case is closed. This type of appeal is typically utilized in circumstances where a particular ruling in a case could be decisive to its conclusion. When filing an interlocutory appeal, the party filing must do so by way of a motion for certification. The motion must provide the case name, a copy of the order at issue, and a brief description of the legal question to be decided. The motion must be filed with the court that made the ruling. Once the motion is filed, the court will then determine if certification is appropriate. If the court determines that certification is appropriate, a written opinion will be issued regarding the determination. Upon successful certification, the case can then move on to the Appellate Court for resolution. Once it reaches the Appellate Court, the Appellate Court will review the legal question and examine the record to determine if the ruling was valid. The Appellate Court will then issue a written opinion on the issue. In many cases, parties will then be able to settle the case at this point. In summary, the process for filing an interlocutory appeal in North Carolina involves filing a motion for certification with the court that made the ruling in question, receiving a written opinion from that court regarding the potential for certification, and then appealing the ruling to the Appellate Court which will then issue a written opinion on the matter.

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What is the process for filing an interlocutory appeal?

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