Civ Pro Appealability and Review

Question 1

Which type of trial court disposition is required for an appeal?

Answer 1

The trial court must have come to a “final judgment” (or issued a “final order”), which is a judgment that leaves
nothing open to further dispute, terminates the cause of action, and may then be taken up by an appellate court.

AdaptiTip: There are exceptions to the final order rule that may be heard under interlocutory review.

Question 2

Are trial court orders regarding pretrial matters immediately appealable?

Answer 2

No. Most pretrial orders, such as discovery orders, and denials of summary judgment, may NOT be immediately
appealed.

AdaptiTip: This does not mean that these orders may NEVER be reviewed on appeal; such review must simply
wait until the entire case may be heard on appeal

Question 3

Is a trial court order granting a new trial appealable?

Answer 3

No. An order granting a new trial may NOT be appealed; the case must be re-tried and a new judgment must be
issued before an appellate court may review it.

Question 4

What is a “partial final order”?

Answer 4

A “partial final order” is an order by the trial court that resolves some, but not all of the claims in a case.

AdaptiTip: A partial final order may be appealed if the lower court finds no just reason to delay the appeal.

Question 5

What are the exceptions to the rule that only final orders are immediately reviewable on appeal?

Answer 5

Although non-final orders are usually NOT immediately reviewable, exceptions include:

interlocutory orders as of right (injunctions, appointment of receivers; property possession);

class certifications (denial can be appealed within 14 days of entry of the order);

collateral orders;

final judgments affecting fewer than all claims or parties;
nonappealable orders by writ (mandamus, prohibition);

AND/OR

orders falling under the Interlocutory Appeals Act.

Question 6

What are the two requirements for an appellate court to grant an interlocutory appeal?

Answer 6

An appellate court will grant an interlocutory appeal when:

1. the trial court certifies that the “order involves a controlling question of law as to which there is substantial
   ground for difference of opinion and that an immediate appeal from the order may materially advance the
   ultimate termination of the litigation[;]” AND
2. the appellate court exercises its discretion to grant the interlocutory appeal

Question 7

What is the deadline for filing a notice of appeal?

Answer 7

The notice of appeal must be filed “within 30 days after entry of the judgment or order appealed from.”

Question 8

What is the final judgment rule?

Answer 8

A final judgment is an ultimate decision made on the merits of the case. Generally, only final judgments may be
appealed.

AdaptiTip: Some interlocutory orders may be appealed before final judgment.