What must a judge do for appeals regarding interlocutory orders?

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

In the context of appeals regarding interlocutory orders, a judge must certify that the order involves a controlling question of law, which is essential for the order to be eligible for immediate appeal. This certification is necessary because, generally, interlocutory orders—those that are made before the final judgment in a case—are not appealable as a matter of right. By certifying the order, the judge acknowledges that the issue at hand is significant enough to warrant an immediate appellate review, potentially impacting the outcome of the case.

The concept of a "controlling question of law" pertains to legal issues that can influence the court's ultimate decision. If such a question is certified, it can provide guidance to the appellate court on whether an immediate review is justified, allowing for legal clarity and possibly saving time and resources if the appellate court's ruling alters the course of the proceedings.

The requirements for an appeal of an interlocutory order are specific, and the other options do not accurately reflect the procedural necessity. For example, a judge does not simply make the final judgment immediately available, nor do they request a Supreme Court review for all interlocutory orders. Additionally, allowing appeals for any reason does not align with the limitations and guidelines governing interlocutory

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy