What is the standard of review for an appellate court’s decision on an interlocutory order?
In the state of Nebraska, the standard of review for an appellate court’s decision on an interlocutory order is provided for in Nebraska state court Rule of Appellate Procedure 6-1104. This rule requires that the appellate court consider all matters in an appeal of an interlocutory order, but acknowledges that such appeals are generally discretionary and should be limited to questions of law. In deciding these interlocutory appeals, the Nebraska appellate courts understand that they are typically being asked to determine the legal correctness of the lower court’s ruling on an issue that is not final. The courts will usually review only questions of law, meaning they will not review or consider any issues of fact, which are determined by the trial court. The appellate court will give substantial deference to the lower court’s decision and will only reverse or modify the ruling if it finds that the lower court committed an error of law or abused its discretion. This means that the appellate court will not substitute its judgment for the lower court’s judgment unless it finds that the lower court’s ruling was not within the bounds of the law or was unreasonable. In sum, the standard of review for an appellate court’s decision on an interlocutory order in Nebraska is one of deference and limitation to questions of law. Nebraska appellate courts will not reverse the lower court’s decision unless they find that it was an error of law or that the lower court abused its discretion.
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