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Questions and Answers
Which of the following is generally not appealable?
Which of the following is generally not appealable?
What is one of the exceptions to the general rule that interlocutory orders are not appealable?
What is one of the exceptions to the general rule that interlocutory orders are not appealable?
When can a court find that 'no reason to delay' and make a resolved claim a final judgment?
When can a court find that 'no reason to delay' and make a resolved claim a final judgment?
What is not a reason to appeal an interlocutory order?
What is not a reason to appeal an interlocutory order?
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When is a denial of summary judgment appealable?
When is a denial of summary judgment appealable?
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Study Notes
Interlocutory Orders
- An interlocutory order is a court order given before a final judgment.
- Interlocutory orders are generally not appealable.
Collateral Order Exception
- The Collateral Order Exception allows for appeal of an interlocutory order if it:
- Conclusively determines a disputed question.
- Resolves an important issue separate from the merits of the case.
- Delay would cause irreparable damage.
Appealability and Review
- The following are not appealable:
- Lack of jurisdiction.
- Improper venue.
- Failure to join an indispensable party.
Multiple Claims
- If one claim is resolved, it is not a final judgment.
- However, the court may find "no reason to delay" and consider it a final judgment.
Denial of Summary Judgment
- A denial of summary judgment is not appealable until after trial.
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Description
Test your understanding of interlocutory orders, collateral order exceptions, and appealability in civil procedure, including federal courts and Eerie doctrine.
