MBE Rules · Civil Procedure
Interlocutory Appeals
28 U.S.C. §1292
The rule
Injunction orders are appealable as of right; other interlocutory orders require the district court to certify a controlling legal question with substantial ground for disagreement and the court of appeals to accept.
In plain English
Interlocutory appeals allow parties to appeal certain court orders before the final judgment. Injunction orders can be appealed automatically, while other types of interlocutory orders need the district court to certify that there's a significant legal question that is debatable, and the appellate court must agree to hear the appeal.
Worked example
A district court issues a temporary injunction preventing a company from using a competitor's trademark. The company immediately appeals this order, as injunctions are appealable as of right. The appellate court hears the case and decides on the merits of the injunction.
Memory hook
Injunctions get a free pass to appeal; others need a ticket from the district court!
The trap
Students may confuse the appealability of injunctions with other interlocutory orders, mistakenly thinking all can be appealed as of right. They might overlook the certification requirement for non-injunction orders.
How examiners test it
Questions often present a scenario involving an interlocutory order and ask whether it can be appealed, requiring candidates to identify if it’s an injunction or another type of order that needs certification.
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