Federal Civil Appeals Services

Did your federal trial attorney just tell you you must appeal, and you haven't been to trial yet?  You are faced with an 'interlocutory' appeal.

An interlocutory appeal is brought on by a Motion from one side or the other.  Common Motions bringing on this kind of appeal are: Motions to Dismiss, and Motions for Summary Judgment.

Defendants usually bring these motions.  If the judge denies them what they want - relief, the defendants will often appeal.  This creates a delay and costs more money for the plaintiffs.

On the other hand, maybe the judge ruled in favor of the defendants.  Then the plaintiffs will want to appeal if the decision really hurts their case.  For example, some important parts of the document that start a case, the complaint, may be eliminated by the judge, and the plaintiff wants to have these parts restored.

An interlocutory appeal is often a relatively small appeal, with a comparatively short record of the documents involved in the Motion leading to the Appeal.  These 'inbetween' appeals are given full attention by the Circuit Court, as they may decide a case.

Sometimes, certainly in the Second Circuit Court of Appeals, there will be a mediation that both sides attend through their attorneys.  The clients will be asked to make themselves available for the hour or two that the mediation takes.  The Second Circuit takes these mediations very seriously, and the lawyers for both sides are expected to be fully prepared.

If the mediation does not settle the case, both sides turn in a Record and Appendix and a Brief.  Then there is usually an Oral Argument, just as for a regular appeal.  Finally, the Appeals (or Appellate) Court will issue its decision.  Then the case either ends or continues at the trial level.