Interlocutory Appeals in Georgia

Grounds for Interlocutory Appeals

According to Rule 30 of the Court of Appeals and Rule 31 of the Supreme Court, interlocutory appeal applications in Georgia can be granted when:

– The issue to be decided could be dispositive of the case;
– The order appears erroneous and may cause substantial error at trial; or
– Establishing a precedent is desirable.

Examples of interlocutory orders include:
– Jurisdiction or venue rulings
– Discovery-related orders
– Rulings on motions to dismiss or for summary judgment

If a trial court issues an order against you during pre-trial proceedings, speak with an appeals attorney immediately. Interlocutory appeals have short deadlines and require precise procedural steps.

What Makes a Ruling Eligible

Not every mid-case ruling qualifies. The ruling should involve a controlling legal issue. That means the issue is important enough that getting it wrong could change the whole case. The trial court has to agree that the ruling meets that standard and put that in writing.

Common examples include rulings on double jeopardy or suppression of evidence. These issues affect the trial itself, and waiting until the end to appeal them may cause real harm.

The Interlocutory Appeal Process in Georgia, Step by Step

Interlocutory appeals in Georgia follow a specific path, and each stage has its own rules. Miss a step or a deadline, and you lose the right to appeal entirely.

Step 1: Identify a Qualifying Order

Not every trial court ruling can be appealed prior to trial. Under OCGA § 5-6-34(b), the ruling should affect a substantial right or could cause serious harm if review waits until the end of the trial. Your attorney reviews the order and decides if it qualifies.

Step 2: Two-Step Application Process

Interlocutory appeals in Georgia require two layers of approval. 

Certificate of Immediate Review: Before filing with the appellate court, you need to ask the trial court to issue a certificate of immediate review. This is a written finding that the order should be reviewed now. The trial court has discretion to grant or deny it. This certificate confirms the issue is worth stopping the case for. 

This step alone can take days or a few weeks.

File the Application: Second, once you have the certificate, you file an application for interlocutory appeal with the Georgia Court of Appeals or the Georgia Supreme Court, depending on the case. You have 10 days from the date the certificate is issued to file. This deadline is strict.

Late filings are rejected.

The application has to explain why the ruling qualifies, what legal error was made, and why waiting until the trial ends would cause harm. It is not a full brief; it is a request for permission to appeal.

Step 3: The Court Decides Whether to Accept

The appellate court reviews your application. It does not retry facts. It looks at whether the trial court got the law right. It can accept or deny without explanation. The trial is on hold during this time. That pause can last months.

Step 4: Full Briefing and Argument

If the court grants the application, the appeal proceeds like a standard appeal. Both sides submit written briefs. Oral argument may or may not be scheduled — the court decides.

Step 5: The Court’s Decision

The appellate court issues a written ruling. It may reverse the trial court’s order, affirm it, or send the case back with instructions. After the decision, the trial court proceedings resume.

The full process — from filing the certificate request to a final ruling — can take six months to over a year in some cases.

Frequently Asked Questions 

1. What is an interlocutory appeal in Georgia?

An interlocutory appeal is an appeal of a trial court order before the case is finally resolved by the trial court. Unlike a regular appeal of a final judgment, this type of appeal interrupts the ongoing litigation so that a higher court can decide a particular issue early.

2. When is an interlocutory appeal allowed in Georgia?

In Georgia, an interlocutory appeal is permitted only under limited circumstances. For example, the trial judge has to issue a certification (often called a “certificate of immediate review”) indicating that the order involves a controlling question of law, could substantially affect the case’s outcome, or merits immediate review. Without that certification and the proper process, the appellate court may lack jurisdiction.

3. What is the process for filing an interlocutory appeal in Georgia?

The process normally involves:

• The trial court issues a certificate of immediate review within ten days of the order’s entry.
• The party seeking review then files an application with the appropriate appellate court (usually the Georgia Court of Appeals) within the tight deadline (often ten days after the certificate is granted).
• The application should include the trial court’s order, certificate of immediate review, a supporting brief, and relevant portions of the record.
• The appellate court then decides whether to grant the interlocutory appeal and move the issue forward.

4. What possible outcomes result from an interlocutory appeal?

If the interlocutory appeal is granted, the appellate court will hear the issue and may:

• Affirm the trial court’s order,
• Reverse or vacate the order,
• Or remand the case back to the trial court with instructions.
  If the application for interlocutory appeal is denied, the case continues in the trial court and the issue may still be reviewed later in a regular appeal of the final judgment.

5. What are the rights and risks when pursuing an interlocutory appeal in Georgia?

Rights: You have the right to seek review of a trial court order when it meets the statutory and procedural requirements for an interlocutory appeal, and you may be represented by counsel with appellate experience.
Risks: Because the process is narrow and timeline-driven, missing deadlines, failing to secure the required certificate, or not presenting compelling grounds may lead to denial of the application. Also, an interlocutory appeal may delay your underlying case and increase costs.