Because appeals ordinarily require a final judgment, interlocutory review is available only in defined circumstances: orders granting or denying injunctions, certified questions under section 1292(b), class certification decisions under Rule 23(f), orders denying arbitration, and the collateral order doctrine.
Most gateways are discretionary with the appellate court.
Alternative Names:
Immediate Appeal, Non-Final Appeal
Why it Matters?
These gateways matter because certain rulings are practically unreviewable after final judgment. Class certification is the clearest example, since certification pressures settlement before any appeal could occur, which is why Rule 23(f) exists. Denial of arbitration is immediately appealable for the same reason. Identifying whether a damaging ruling fits a gateway is worth doing promptly, since the windows are short.
Frequently Confused with
Related terms
Frequently asked questions
When is interlocutory appeal available?
Is interlocutory review discretionary?
