Under what conditions may an interlocutory appeal be available?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

An interlocutory appeal is typically available under specific conditions that recognize the need for a party to seek immediate relief from a ruling made during the trial process—before the final judgment. One of the most recognized conditions under which an interlocutory appeal may be taken is when the trial judge certifies that the issue involves controlling questions of law and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.

In this situation, the trial judge's certification indicates that the legal issue is significant enough that it may affect the outcome of the case, warranting immediate appellate review. This is crucial because interlocutory appeals are generally not favored as they can lead to piecemeal litigation and delay the process.

The importance of this certification is seen in its role to clarify the legal landscape for the trial proceeding and potentially save time and resources by resolving significant legal questions early. When such determinations are made, they serve to expedite the legal process and ensure that parties are addressing key legal issues without waiting for a final judgment, which can facilitate a more efficient resolution of the case.

In contrast, simply having a unanimous agreement among judges, or the trivial nature of an order, do not meet the standard for an interlocutory appeal. Furthermore

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy