Appeals
Interlocutory Appeal
An interlocutory appeal is an appeal taken before the case is over, from an order that does not end the litigation.
The general rule is that you wait for final judgment. The exceptions are narrow: orders granting or denying injunctions may be appealed as of right, and a district judge can certify a controlling question of law for immediate review, which the court of appeals may then decline to hear.
Class certification decisions have their own path, with a petition for permission filed within fourteen days. Interlocutory appeals do not automatically pause the trial court unless a stay is granted.
The collateral order doctrine adds another narrow path. Some decisions, such as denials of qualified immunity or double jeopardy claims, can be appealed immediately because reviewing them after final judgment would come too late to matter.
How it appears on a docket
ORDER certifying the 8/4/2026 order for interlocutory appeal under 28 U.S.C. Sec. 1292(b) and staying proceedings pending the court of appeals' decision.
Governing rule
28 U.S.C. Sec. 1292; Fed. R. Civ. P. 23(f)
Related terms
- Final Judgment — A final judgment is a decision that ends the case on the merits and leaves nothing for the trial court to do but enforce it.
- Preliminary Injunction — A preliminary injunction is a court order requiring a party to do or stop doing something while the lawsuit is pending.
More on appeals
See this term in a real case
Search federal court records and read the filings where interlocutory appeal actually shows up. New to federal dockets? Start with how to find a federal case.