What is the process for filing an interlocutory appeal?

The process for filing an interlocutory appeal in Texas begins with filing a motion for an interlocutory appeal with the trial court. This motion must be brought within ten days after the ruling that the appellant wishes to challenge. The motion should include the reasons why the appellant believes the ruling should be appealed. The motion must also be served on all parties to the trial. Once the motion is filed, the trial court has 30 days to decide if an interlocutory appeal is appropriate. The trial court may deny the motion if it finds that the appeal is not in the interests of justice or if it involves an issue that is unlikely to succeed on appeal. If the trial court grants the motion for an interlocutory appeal, the appellant must then file an application with the court of appeals. This application must include the documents from the trial court that justify the interlocutory appeal. The appellant must also pay the court of appeals a filing fee. The court of appeals may grant or deny the application. Once the application is granted, the appellant must then prepare a brief explaining why the ruling should be overturned. This brief is then filed with the court and served on all parties. The appellate court will then review the brief and may set oral arguments. Afterward, the court will issue its ruling.

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