An Indiana appellate lawyer’s guide to interlocutory appeals, Indiana Appellate Rule 14, certification requirements, and when appellate review may be available before a case is over.
Quick Answer: What Is an Interlocutory Appeal in Indiana?
An interlocutory appeal is an appeal taken before the trial court enters a final judgment. Unlike most appeals, which occur after the entire case has been resolved, an interlocutory appeal allows appellate review of certain important rulings while the case is still pending. Indiana Appellate Rule 14 permits some interlocutory appeals as a matter of right and allows others only if the trial court certifies the order and the Court of Appeals accepts jurisdiction.
Key Takeaway: Most court rulings are not immediately appealable. Interlocutory appeals are the exception, not the rule, and they involve unique procedural requirements and deadlines.
What Is the Difference Between a Final Appeal and an Interlocutory Appeal?
Most Indiana appeals arise from a final judgment, meaning the trial court has resolved all claims involving all parties.
An interlocutory appeal is different because it occurs before the case has concluded. Instead of waiting until the end of the litigation, a party asks the appellate court to review a significant ruling immediately.
Final Appeal
- Trial court resolves the entire case
- Notice of Appeal is filed after judgment
- Appeal proceeds under the normal appellate process
Interlocutory Appeal
- Case remains pending in the trial court
- Appellate review occurs before final judgment
- Special procedures apply
- Appellate jurisdiction may require certification and acceptance
Why Do Interlocutory Appeals Exist?
The purpose of an interlocutory appeal is to prevent significant harm or unnecessary litigation when waiting until final judgment would be inefficient or unfair.
Sometimes a trial court ruling creates immediate consequences that cannot realistically be undone years later after a trial concludes.
Examples include:
- Preliminary injunctions
- Venue disputes
- Certain orders directing payment of money
- Significant legal questions that affect the entire case
Indiana law recognizes that in some circumstances immediate appellate review serves the interests of justice.
What Interlocutory Orders Can Be Appealed as a Matter of Right?
Indiana Appellate Rule 14(A) identifies specific interlocutory orders that may be appealed without obtaining certification from the trial court. These are commonly referred to as interlocutory appeals of right.
Examples include orders:
- Requiring the Payment of Money
Certain orders directing the payment of money may be appealed immediately.
- Compelling Execution of Documents
Orders requiring a party to execute documents can qualify for immediate review.
- Compelling Delivery of Securities or Property Interests
Certain orders requiring transfer or delivery of specified property interests may be appealed.
- Directing the Sale or Possession of Real Estate
Orders involving the sale of real property or possession rights can fall within Rule 14(A).
- Granting or Denying a Preliminary Injunction
This is one of the most commonly litigated interlocutory appeal categories. Orders granting, denying, dissolving, or refusing to dissolve a preliminary injunction are appealable as of right.
- Appointing or Refusing to Appoint a Receiver
Receivership-related orders may also qualify.
- Certain Habeas Corpus Orders
Specific habeas corpus rulings may be appealed immediately.
- Venue Transfer Orders
Orders transferring or refusing to transfer a case under Trial Rule 75 are appealable under Rule 14(A).
What Is a Discretionary Interlocutory Appeal?
Most interlocutory appeals are not appeals of right.
Instead, they proceed under Indiana Appellate Rule 14(B), which establishes a discretionary process requiring:
- Certification by the trial court; and
- Acceptance of jurisdiction by the Court of Appeals.
Both steps are required. Certification alone does not guarantee review.
How Does a Discretionary Interlocutory Appeal Work?
Step 1: Request Certification from the Trial Court
A party must ask the trial court to certify the interlocutory order for appeal.
Under Rule 14(B), the motion generally must be filed within thirty (30) days after the order is entered on the Chronological Case Summary unless the court permits a belated motion for good cause.
Step 2: Trial Court Decides Whether Certification Is Appropriate
The trial court has discretion to grant or deny certification.
Step 3: Seek Acceptance by the Court of Appeals
Even if the trial court certifies the order, the Court of Appeals must decide whether to accept jurisdiction over the appeal.
Many certified interlocutory appeals are never accepted.
When Will a Trial Court Certify an Interlocutory Appeal?
Rule 14(B) identifies circumstances supporting certification, including:
Substantial Expense, Damage, or Injury
The appellant may suffer significant harm if review is delayed until after final judgment.
Important Legal Questions
The order involves a substantial question of law and early resolution would promote a more orderly disposition of the case.
Inadequate Remedy Through Ordinary Appeal
Waiting until final judgment may not adequately protect the parties’ rights.
Common Examples of Discretionary Interlocutory Appeals
Family Law Cases
Issues involving:
- Jurisdiction
- Relocation disputes
- Certain procedural rulings
- Significant custody issues
sometimes generate requests for interlocutory review.
Business Litigation
Parties may seek review of rulings involving:
- Trade secrets
- Non-compete agreements
- Jurisdictional disputes
- Large-scale discovery issues
Civil Litigation
Questions involving:
- Immunity
- Statutory interpretation
- Case-dispositive legal rulings
may support interlocutory review.
Whether review is granted depends on the specific circumstances of the case.
Are Interlocutory Appeals Common?
No.
Most litigation proceeds to final judgment before an appeal occurs.
Indiana appellate courts generally prefer resolving appeals after the entire case has concluded rather than interrupting trial-court proceedings with piecemeal appellate review. That is one reason interlocutory appeals are limited and closely regulated.
What Is the Deadline for an Interlocutory Appeal?
Deadlines vary depending on the type of interlocutory appeal.
For orders appealable as of right under Rule 14(A), the Notice of Appeal generally must be filed within thirty (30) days after the interlocutory order is noted on the Chronological Case Summary.
For discretionary appeals under Rule 14(B), additional certification and acceptance deadlines apply. The procedural rules are different from ordinary appeals from final judgments.
Because the rules are technical and deadlines can be short, immediate analysis is important whenever an appealable interlocutory order is entered.
Common Mistakes in Interlocutory Appeals
Mistake #1: Assuming Every Non-Final Order Is Appealable
Most are not.
The fact that a case remains pending usually means appellate review is unavailable unless Rule 14 applies.
Mistake #2: Missing Certification Deadlines
Certification requests are themselves time-sensitive. Waiting too long may eliminate the opportunity for interlocutory review.
Mistake #3: Assuming Certification Guarantees an Appeal
Even after certification, the Court of Appeals must decide whether to accept jurisdiction.
Mistake #4: Waiting Until Trial Concludes
In some situations, waiting for final judgment may permanently eliminate the practical value of appellate review.
Frequently Asked Questions
What is an interlocutory appeal?
An interlocutory appeal is an appeal taken before the trial court enters a final judgment.
Are interlocutory appeals difficult to obtain?
Often, yes. Many require both trial-court certification and acceptance by the Court of Appeals.
Can custody orders be appealed through an interlocutory appeal?
Some custody-related issues may be candidates for interlocutory review, but the answer depends on the specific order and procedural posture of the case.
What is the most common interlocutory appeal?
Preliminary injunction appeals are among the most frequently encountered interlocutory appeals under Rule 14(A).
Does the Court of Appeals have to accept a discretionary interlocutory appeal?
No. Acceptance is discretionary even when the trial court certifies the order.
Why Early Appellate Analysis Matters
Interlocutory appeals involve some of the most technical timing and jurisdictional rules in Indiana appellate practice.
Early appellate review can help determine:
- Whether the order qualifies for immediate review
- Whether certification is necessary
- Which deadlines apply
- Whether an interlocutory appeal makes strategic sense
- Whether waiting for final judgment may be preferable
Conclusion
An interlocutory appeal allows appellate review before a case reaches final judgment. Indiana Appellate Rule 14 provides two primary paths: appeals of right for specific categories of orders and discretionary appeals requiring certification and acceptance by the Court of Appeals. Because interlocutory appeals involve unique jurisdictional and procedural requirements, determining whether an order qualifies for immediate review is often the first critical step.
Related Reading
- How to Appeal a Case in Indiana
- How Many Days Do You Have to Appeal in Indiana?
- What Orders Can Be Appealed in Indiana?
- What Is a Notice of Appeal in Indiana?
- What Is the Standard of Review in Indiana Appeals?
- Can You Appeal a Temporary Custody Order in Indiana?
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you through the appeal process. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement.