What is the process for filing an interlocutory appeal?

In South Carolina, filing an interlocutory appeal is the process of appealing a ruling by a lower court before the lower court completes its proceedings in a case. This type of appeal is requested when a party to a case believes a lower court ruling is incorrect and poses a threat to the outcome of the case. In South Carolina, a party who is interested in filing an interlocutory appeal must do so with the South Carolina Court of Appeals. The party must first file a motion to certify the interlocutory order for appeal with the lower court. This motion must include a statement that the lower court’s order is causing irreparable harm to the party requesting the appeal. The party will then file an application for leave to appeal and a copy of the lower court’s order with the South Carolina Court of Appeals. The application should include a brief statement of the legal argument that the ruling by the lower court was in error. The court will then determine whether it will hear the interlocutory appeal. If the court determines that the interlocutory appeal is to be heard, the party will then be required to file a designation of matters on appeal. This document should include a detailed description of the issues to be presented to the court. The court will then make its ruling on the merits of the case. If the court rules in favor of the party requesting the appeal, the lower court’s ruling will be reversed. If the court rules against the party, the lower court’s ruling will remain in effect.

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What is the process for filing an interlocutory appeal?

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