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Interlocutory Appeals
Barrister Amna (Alevels Academy Islamabad)
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8/24/2024
A Levels Academy Islamabad
Category
🦄
Creativity
Transcript
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00:00
Sometimes, rulings need to be addressed before the end of the game.
00:04
In football, we call this an instant replay.
00:07
When a ruling is challenged before the trial court enters an appealable judgment, this
00:12
is called an interlocutory appeal.
00:15
Interlocutory is a fancy legal word which comes from a Latin word for to speak between.
00:20
An interlocutory appeal is when a ruling is reviewed by an appellate court before all
00:25
claims are resolved for all parties involved.
00:28
Typically, before an order is appealable, the case must be finalized in what is called,
00:33
well, a final order.
00:35
But when an order doesn't decide the whole case, it's called a non-final order.
00:41
A non-final order can only be appealed in accordance with certain rules.
00:45
The following types of non-final orders are eligible for immediate appeal.
00:49
Orders that rule on venue, injunctions, personal jurisdiction, the right to immediate possession
00:55
of property, class certification, arbitration entitlement, workers' comp immunity, and
01:01
qualified immunity.
01:03
Also, in family law matters, immediate monetary relief or child custody.
01:08
But there are times when an order doesn't qualify as one of these non-final appealable
01:12
orders but still needs immediate review by the appellate court.
01:16
Generally, these involve immediate harm that can't be prevented or fixed by a normal appeal
01:21
after a judgment has been entered.
01:23
In these situations, you may be able to get an appellate court to look at the ruling using
01:28
what is called an extraordinary writ.
01:31
As you might guess, writ is just an ancient way of saying written.
01:35
It just means a written court order to act or abstain from acting in some way.
01:40
The most important ones, for civil litigation anyway, are writ of certiorari, writ of prohibition,
01:46
and a writ of mandamus.
01:49
Certiorari is Latin, meaning to be informed of.
01:53
A writ of certiorari, besides being difficult to say, is the jack-of-all-trades writ.
01:58
Its role and scope may vary depending on what court you are in, but it functions as a safety net.
02:04
It's there to halt a miscarriage of justice when no other remedy exists.
02:09
A writ of prohibition is when a higher court orders a lower court to cease litigation because
02:14
it lacks jurisdiction.
02:16
And a writ of mandamus, which is an order from a higher court to a lower court or public
02:21
official, forcing them to do something that they are already required by law to do.
02:26
Appealing, whether interlocutory or otherwise, is something that requires the right kind
02:31
of moves, the legal you kind.
02:34
Legal you, where you are your own best lawyer.
Recommended
2:01
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