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Civil Litigation

Interlocutory Appeal

A judge has ruled against you on an important motion, but the case keeps going. Whether you can appeal now or must wait until the end depends heavily on which court system you are in.

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01 GUIDE

Interlocutory Appeal: what usually happens

Federal courts usually make you wait

The federal system generally follows a final judgment rule, under which most rulings made along the way are reviewed only after the case ends. There are narrow exceptions, such as orders on certain injunctions, or a controlling legal question that the trial judge certifies and the appeals court agrees to take. Each exception is applied strictly, and the appellate court often has discretion to decline. In practice, most federal litigants live with an adverse interim ruling and preserve the issue for a later appeal. Extraordinary writs exist as well, but courts reserve them for unusual circumstances.

New York state courts are more open

New York is unusual. In civil cases in the state courts, many intermediate orders can be appealed to the Appellate Division as of right, including a wide range of rulings on motions that affect a substantial right. That makes an interlocutory appeal a realistic tool in New York litigation, used in disputes over dismissal, discovery, and provisional remedies. It also means the other side may appeal rulings you obtained. Taking a non-final order further, to the Court of Appeals, is much more limited. Whether a particular order qualifies, and how the short filing window is measured, has to be checked order by order.

Whether it is worth pursuing

Even where an immediate appeal is available, it is a strategic choice. It costs money, it can slow the underlying case or run alongside it, and a loss on appeal can harden the ruling. On the other hand, reversing a dispositive or damaging ruling early can reshape the whole matter and avoid an expensive trial built on a mistake. Bring the order, the motion papers from both sides, and the date you were served with it. We assess whether the order is appealable at all, whether a stay is realistic while the appeal is pending, and whether the issue is better preserved for the end.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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(855) 529-7557

Los Angeles

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(424) 561-7557

Attorney Advertising. This page is general information about interlocutory appeal and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.