What is the standard of review for an appellate court’s decision on an interlocutory order?

An interlocutory order is one that is not final, and appeals of these orders must be handled with caution. In North Carolina, appellate courts typically use the de novo standard of review for interlocutory orders. This means the court will review the order from the beginning without considering the decisions of the lower court. The appellate court will review the relevant facts and make its own decision as to whether the lower court’s order was correct. The appellate court is not bound by the lower court’s decision; instead it may modify or reverse the lower court’s ruling. Additionally, the appellate court may consider additional facts or evidence that was not presented to the lower court. This review allows the appellate court to ensure that the lower court’s decision was correct, and provides a safeguard against possible errors or bias. Ultimately, the objective of the de novo standard is to ensure that justice is served and that interlocutory orders are reviewed and determined fairly.

Related FAQs

What is the process for obtaining an appellate court review of a trial court’s decision?
What is the role of the appellate court in determining the facts of a case?
What is an amicus curiae brief?
What is the purpose of oral arguments to an appellate court?
How does an appellate court evaluate a trial court’s legal errors?
What is the process for filing a petition for certiorari to the U.S. Supreme Court?
What is the difference between a discretionary and a non-discretionary appeal?
What evidence is available to support an appeal?
How do I appeal a court decision?
How does an appellate court decide to grant or deny a petition for certiorari?

What is the standard of review for an appellate court’s decision on an interlocutory order?

Related FAQs

Related Blog Posts