Interlocutory Appeal: A Step-by-Step Guide

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Interlocutory appeals are an essential part of the legal process, ensuring that all parties to a lawsuit have their rights and interests protected. This type of appeal is a request for a review of a lower court’s decision before the case has been completed, allowing litigants to challenge rulings which could have negative implications on their rights or interests. Furthermore, interlocutory appeals provide an opportunity to correct any bias that may be present in a lower court’s ruling, as well as reducing the cost and length of the appeals process.

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Our step-by-step guide below provides everything you need to know about constructing your own successful interlocutory appeal document using our template library. Read on for more information and start accessing our templates today!

Definitions (feel free to skip)

Interlocutory Appeal: A request for a higher court to review a decision made by a lower court before the conclusion of the case.
Appealable: An issue that can be taken to a higher court for review.
Final Judgment: The final decision in a court case.
Motion to Dismiss: A request to end a legal case before it is completed.
Motion to Strike: A request to delete a certain part of the legal case.
Evidence: Facts or information used to support a legal argument.
Case Law: A set of previous legal decisions that can be used to support an argument.
Experts: People with special knowledge or experience in a certain field who can provide information to a court.
Arguments: Statements or reasons given to support an opinion.
Notice of Appeal: A document that includes the case name, court, type of appeal and dispute details.
Timeline: The amount of time given for a certain action or event.
Hearing: A formal meeting in court where evidence is presented and legal arguments are made.
Decision: The conclusion made by a court after analyzing evidence and arguments.
Remand: To send a case back to a lower court with instructions.

Contents

• Definition of an interlocutory appeal
• What issues are eligible for an interlocutory appeal
• Researching and understanding the facts of the case
• Preparing arguments and evidence to support an interlocutory appeal
• Determining the timeline of an interlocutory appeal
• Filing for an interlocutory appeal with the relevant court
• The court process involved in an interlocutory appeal
• The legal steps involved in an interlocutory appeal
• The potential outcomes of an interlocutory appeal
• Advice for businesses and individuals considering an interlocutory appeal

Get started

Definition of an interlocutory appeal

• Understand what an interlocutory appeal is: an appeal from a court order or ruling that does not end the case.
• Recognize that interlocutory appeals are often appeals of preliminary injunctions, discovery orders, or summary judgment orders.
• Acknowledge that interlocutory appeals are discretionary and not all appeals will be heard.
• Familiarize yourself with the Federal Rules of Appellate Procedure to learn the requirements for filing an interlocutory appeal.
• Check off this step when you have a thorough understanding of what an interlocutory appeal is, the types of orders that can be appealed, and the requirements for filing an interlocutory appeal.

What issues are eligible for an interlocutory appeal

• Research the law applicable to the case, including any relevant statutes and court opinions
• Understand the facts of the case and determine whether they involve an issue that is eligible for an interlocutory appeal
• Identify the issue that is eligible for an interlocutory appeal
• Review the available options for a potential interlocutory appeal
• When you have identified the issue that is eligible for an interlocutory appeal, you can move onto researching and understanding the facts of the case.

Researching and understanding the facts of the case

• Gather all relevant documents related to the case, including transcripts of hearings, previous rulings and orders, pleadings, and motions
• Read through the documents to get a full understanding of the facts of the case, the arguments of each party, and the history of the proceedings
• Consult with relevant witnesses, if necessary, to obtain more information on the case
• Take notes on the key points of the case
• Once you have a full understanding of the facts of the case, you can move on to the next step of preparing arguments and evidence to support an interlocutory appeal.

Preparing arguments and evidence to support an interlocutory appeal

• Prepare a written argument that outlines the legal issues and how they apply to the case.
• Gather all relevant evidence that supports your legal argument.
• Analyze the evidence to determine its strength and whether it is admissible in court.
• Draft a summary of the case and its legal issues.

You will know you have completed this step when you have collected all necessary evidence and written a legal argument that supports your case.

Determining the timeline of an interlocutory appeal

• Consult the applicable state or federal rules of civil procedure to determine the timeline for filing an interlocutory appeal.
• Check with the court clerk to ensure you comply with the deadline for filing the appeal.
• Determine if you need to request an extension of time to file the interlocutory appeal.
• When you have an understanding of the timeline, you can move on to the next step.

Filing for an interlocutory appeal with the relevant court

• Prepare the notice of appeal and file it with the court in which the decision was made
• Provide the court with copies of the decision and any other documents that the court may require
• Pay the required filing fees
• Once the court has received and reviewed the appeal documents and the filing fee, the court will issue an order granting or denying the interlocutory appeal
• You will know that you can check this off your list when you receive the order from the court granting or denying the interlocutory appeal.

The court process involved in an interlocutory appeal

• File a notice of appeal with the court that issued the order you are appealing.
• Serve the notice of appeal on all other parties to the litigation.
• File briefs and other documents, such as a statement of the case, with the court.
• Attend oral argument, if the court schedules one.
• Wait for the court to issue a decision.

How you’ll know when you can check this off your list and move on to the next step:

• You know you can check this off your list and move on to the next step when the court has issued a decision on the interlocutory appeal.

The legal steps involved in an interlocutory appeal

• Get familiar with the Federal Rules of Appellate Procedure (FRAP), as they will provide guidance on how to file and what is expected throughout the process
• Consult with an attorney who specializes in appellate law to ensure the appeal is done properly
• File a notice of appeal with the lower court and pay the required fee
• Serve a copy of the notice of appeal to all parties involved in the case
• File a brief with the appellate court which includes a statement of the facts, legal argument, and citations of legal authority
• Once all briefs have been submitted, the appeals court will review the case and issue a ruling.
• When the ruling has been issued, the parties involved in the case will receive a written decision from the court.

How you’ll know when you can check this off your list and move on to the next step:
Once a ruling has been issued by the appeals court and all parties involved in the case have received a written decision from the court, the legal steps involved in an interlocutory appeal have been completed.

The potential outcomes of an interlocutory appeal

• The interlocutory appeal court may confirm, reverse, or modify the decision of the lower court
• The court may also remand the case back to the lower court for further proceedings
• The court may also dismiss the matter if it finds that the appeal was not properly brought before it
• Once the court has issued its ruling, the parties will be notified of the outcome and can take the necessary steps to move forward with the case accordingly
• This step can be checked off your list once you are aware of the ruling and the outcome of the interlocutory appeal.

Advice for businesses and individuals considering an interlocutory appeal

• Consider the costs and benefits of an interlocutory appeal.
• Speak to a lawyer who specializes in this area of law to understand the possible risks and rewards.
• Research relevant case law and evaluate the chances of success.
• Make an informed decision about whether to pursue an interlocutory appeal.

When you can check this off your list and move on to the next step:

• When you have made a decision about whether to pursue an interlocutory appeal.

FAQ:

Q: How does an interlocutory appeal work in the UK?

Asked by Mary on March 2nd, 2022.
A: An interlocutory appeal in the UK is a type of an appeal which can be heard before the final judgment of a case is issued. It allows a party to challenge a decision or order made by a lower court or tribunal, prior to the conclusion of a case. It is usually used when a party believes that the decision was wrong and requires the higher court to intervene.

Q: Can I bring an interlocutory appeal in an EU jurisdiction?

Asked by Jeffrey on April 21st, 2022.
A: Yes, you can bring an interlocutory appeal in an EU jurisdiction. In fact, this type of appeal is provided for in the EU’s Court of Justice (ECJ) Rules of Procedure. The ECJ Rules allow for applications for interim measures, such as an interlocutory appeal, without prejudicing the decision of the Court on the merits of the case.

Q: What are some common reasons for bringing an interlocutory appeal?

Asked by Catherine on May 3rd, 2022.
A: Common reasons for bringing an interlocutory appeal include challenging an order for costs or damages, seeking to stay proceedings pending resolution of another matter, or seeking to overturn or modify a preliminary ruling prior to a final judgment. It could also be used to seek urgent interim relief such as freezing or restraining orders to prevent further damages or losses being caused pending trial.

Q: Is there any difference between bringing an interlocutory appeal in US vs UK vs EU jurisdictions?

Asked by John on June 15th, 2022.
A: Yes, there are differences between bringing an interlocutory appeal in US vs UK vs EU jurisdictions. In the US, appeals are usually brought before a higher court and must be based on errors of law that were committed by the lower court. In the UK, appeals must be based on questions of law and fact, and can be brought before either a higher court or tribunal. In EU jurisdictions, appeals may be brought before the European Court of Justice (ECJ) and must comply with the ECJ’s Rules of Procedure.

Q: How much does it cost to bring an interlocutory appeal?

Asked by Robert on July 5th, 2022.
A: The cost of bringing an interlocutory appeal will vary depending on whether you are bringing it in the US, UK or EU jurisdictions. In general, costs associated with filing fees and legal fees will apply regardless of jurisdiction; however there may be additional costs associated with obtaining expert evidence or translations if you are bringing your appeal outside of your home jurisdiction. It is recommended that you speak to an experienced lawyer who can advise you on your specific case and provide you with a more accurate estimate of likely costs involved.

Q: What are the benefits of bringing an interlocutory appeal?

Asked by Patricia on August 17th, 2022.
A: The primary benefit of bringing an interlocutory appeal is that it allows parties to challenge decisions they believe are wrong before they become final judgments and cannot be appealed further. It may also help speed up proceedings as it can help resolve disputes quickly and without needing to wait until after trial has been concluded. Additionally, it can provide useful insight into how a particular legal issue will be decided if it goes to trial and helps parties assess their prospects for success in future proceedings if they choose not to pursue appeals at this point in time.

Q: Are there any limitations or risks associated with bringing an interlocutory appeal?

Asked by Barbara on September 19th, 2022.
A: Yes, there are limitations and risks associated with bringing an interlocutory appeal which should be taken into consideration before proceeding with one. Firstly, it can be expensive as it may require additional legal fees and other costs such as expert evidence or translations if you are appealing outside your home jurisdiction. Additionally, there is no guarantee that your appeal will be successful; if it fails then you may end up incurring additional costs without achieving your desired outcome. Finally, appellate courts may impose sanctions for frivolous appeals which could include financial penalties and even sanctions against lawyers involved in filing such appeals – so it’s important to make sure you have reasonable grounds for appealing before doing so in order to reduce any potential risks associated with this course of action.

Q: How long does it typically take to get results from a hearing?

Asked by Michael on October 11th, 2022.
A: The length of time it takes to get results from a hearing depends on several factors such as the complexity of the case and the particular jurisdiction involved – but typically speaking it takes several months from filing your application until receiving results from your hearing date. This is because after applications are filed they must go through several stages including being reviewed by judges who have to make sure all procedural requirements have been met prior to setting a hearing date; once set hearing dates usually take several weeks or months depending on backlogs at courts/tribunals etc. Ultimately however each case will differ so it’s best to discuss these timelines with your lawyer who can give you more accurate information about what to expect in your particular case.

Q: What kind of preparation do I need before I attend my hearing?

Asked by Josephine on November 27th, 2022.
A: Preparation for attending your hearing largely depends on whether you’re representing yourself or being represented by counsel – but regardless there are certain steps you should take regardless such as familiarizing yourself with relevant laws/regulations applicable to your case; ensuring all documents/evidence required for your hearing are up-to-date; preparing evidence/arguments/briefs in advance; researching recent cases involving similar issues; and obtaining expert advice if necessary (if applicable). You should also ensure that any witnesses/experts attending with you know their roles/responsibilities prior to attending court/tribunal etc.; have all documents/evidence they need; and understand their duties under applicable laws/regulations etc., so that everyone is prepared for what might happen during proceedings when they arrive at court/tribunal etc…

Example dispute

Interlocutory Appeal in a Civil Lawsuit

• A plaintiff may raise a lawsuit which references an interlocutory appeal when they believe an immediate decision from the court is necessary and that a normal appellate process would be too slow or insufficient.
• The plaintiff must provide evidence that a decision on the matter is necessary for an adequate remedy and that the matter is too complex for the court to decide on the initial motion.
• If the plaintiff is successful in providing the court with sufficient evidence to grant an interlocutory appeal, the court will then take the matter into consideration and make a decision on the matter.
• If the court rules in favor of the plaintiff, they may be awarded damages, costs, or a combination of both. The amount of damages and costs will depend on the nature of the case and the court’s ruling.
• Additionally, the court may order the defendant to take certain actions (such as making changes to their policies or procedures) or may require them to pay a certain amount of money to the plaintiff.
• The court may also order a settlement to be reached between the parties. In this case, the court may order mediation or arbitration to resolve the dispute.
• In order for a plaintiff to win a suit referencing an interlocutory appeal, they must prove that the court’s decision was justified and that the defendant was in violation of the applicable laws.

Templates available (free to use)

First Department Reproduced Full Record Interlocutory Appeal Ny Civil Appeals
Motion Certification Of Interlocutory Appeal Mspb
Second Department Reproduced Full Record Interlocutory Appeal Ny Civil Appeals

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