Interlocutory Appeal - State Courts

State Courts

In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; such petitions are almost always denied due to the state's public policy of encouraging efficient litigation of civil actions on the merits in the superior courts.

In New Jersey, "he discretionary jurisdiction of the Appellate Division over appeals taken from interlocutory decisions of lower courts and of state administrative officers and agencies exists as a result of the combination of constitutional provisions and court rules." "The standard set out in the Rules of Court for determining whether to grant leave to appeal an interlocutory decision is, simply, that 'the Appellate Division may grant leave to appeal, in the interest of justice.'"

In New York, various interlocutory appeals can be found under the Civil Practice Law and Rules section 5701. This section, along with a writ of mandamus are the only exceptions to filing an appeal only after the final judgment has been given.

In Louisiana, parties to both civil and criminal cases may apply for supervisory writs in one of the state's five geographic Circuit Courts of Appeal, seeking to review a ruling or order of the district court. As the name implies, the Court of Appeal's power to consider a writ application stems from its supervisory jurisdiction over the district courts. Such jurisdiction is discretionary, and thus the appellate court may issue an action granting or denying the writ, or may decline to consider the merits of an application altogether. In practice, taking writs is far more common in criminal matters and most often involves objections to a district court's pre-trial rulings on defense motions to suppress evidence, statements, or identifications. An application for supervisory writs is also the mechanism for seeking review of a district court's decision to grant or deny a petition for post-conviction relief. A party aggrieved by the Court of Appeal's ruling on a supervisory writ may then apply for supervisory writs in the Louisiana Supreme Court.