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Procedural

Motion to Certify Interlocutory Appeal

Asks to send a non-final order up for immediate appellate review in narrow circumstances.

Governing rule
28 U.S.C. § 1292(b); Fed. R. App. P. 5
Read the rule

What it is

A request asking the district court to certify a non-final order for immediate appellate review. The movant must show a controlling legal question, substantial ground for difference of opinion, and that immediate appeal may materially advance the case.

When it's used

Filed after an important non-final ruling where waiting until final judgment could waste major litigation resources or leave a serious legal issue unresolved for too long.

What the other side does

The opponent argues the issue is fact-bound, not controlling, not genuinely disputed among courts, or that immediate appeal would delay rather than advance the case.

Common outcomes

The district court may certify or deny certification. Even if certified, the court of appeals still decides whether to permit the appeal.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.