A party may petition the court of appeals within 14 days of a certification order. Review is discretionary, and the appellate court considers whether the ruling is questionable and whether it effectively ends the litigation.
The deadline is not extendable.
Alternative Names:
Rule 23(f) Appeal, Certification Appeal
Why it Matters?
The rule exists because certification decisions are frequently outcome-determinative before any final judgment, since certification pressures settlement while denial ends the case economically. The 14-day deadline is the trap, because it runs from entry and is jurisdictional. Evaluating appeal prospects must begin immediately on entry rather than after considering the ruling, which leaves little time for deliberation.
Frequently Confused with
Related terms
Frequently asked questions
How long is the deadline?
Is review guaranteed?
