United States
In the federal judicial system, U.S. District Courts and federal agencies’ administrative courts are typically the first courts to adjudicate disputes. Those courts’ final judgments can be appealed once as a matter of right to the appropriate U.S. Court of Appeals by any party unsatisfied with the lower court’s decision. Rules of appellate procedure in each jurisdiction set out the requirements and timing for appeals. Appeals must typically be commenced within 30 days following entry of the underlying judgment.
In the federal courts, appeals generally may only be taken from final judgments and not from intermediate decisions made by the lower court. But an immediate right of appeal may be taken from orders granting or denying injunctions, rejecting certain affirmative defenses, establishing receiverships, or adjudicating rights and liabilities in admiralty proceedings. A party may also be able to petition the U.S. Court of Appeals to hear a pre-judgment appeal if the decision at issue poses a particularly significant and unsettled legal question, though in practice such appeals are rarely allowed.
If a party is unhappy with the decision reached by the U.S. Courts of Appeals, it can seek review by the U.S. Supreme Court, although the U.S. Supreme Court has discretion as to which cases it accepts and only hears a small fraction of the cases it is asked to review each year.
Most states follow a similar three-level structure for their court systems, although some smaller states do not have an intermediate appellate court, with all appeals being taken directly to the state supreme court. The same general prohibition on pre-judgment appeals applies, with each state having its own particular exceptions.
Notable State Variations
- California: There is no right of immediate interlocutory appeal; however, a party may petition an appellate court for a writ of mandamus to permit an appeal on a particularly significant issue. This procedure is often used to challenge an order denying a petition to quash a complaint for lack of personal jurisdiction over the defendant;
- Illinois: Certain contempt orders are immediately appealable if they impose a monetary fine or other penalty;
- New York: New York is significantly more generous in its allowance of interlocutory appeals than other states or the federal system. With few exceptions, interlocutory appeals may be taken from any order that involves some part of the merits of a case or affects a litigant’s substantial rights. Ex parte orders are not eligible for interlocutory appeal; and
- Texas: Orders granting or denying class certification or denying summary judgment based on a finding of immunity are immediately appealable as of right.