The Final Judgment Rule and Interlocutory Appeals

Final decisions

The courts of appeals … shall have jurisdiction of appeals from all final decisions of the district courts of the United States …

28 U.S.C. § 1291

The Supreme Court described a final decision as “one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment” (Catlin v. United States, 324 U.S. 229, 233 (1945)). Under Rule 58(a), “Every judgment and amended judgment must be set out in a separate document,” with listed exceptions for post-judgment motions.

Partial final judgments

In a case with several claims or parties, the court “may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay” (Fed. R. Civ. P. 54(b)). Otherwise, an order resolving only part of the case is not final.

Interlocutory appeals

• Injunctions. Orders “granting, continuing, modifying, refusing or dissolving injunctions” are immediately appealable (28 U.S.C. § 1292(a)(1)).
• Certified questions. A district judge may certify that an order “involves a controlling question of law as to which there is substantial ground for difference of opinion” and that an immediate appeal “may materially advance the ultimate termination of the litigation”; the court of appeals then decides whether to hear it (§ 1292(b)).
• Collateral orders. A small class of orders that “finally determine claims of right separable from, and collateral to, rights asserted in the action” may be appealed immediately (Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546 (1949)).
• Mandamus. In rare cases, a court of appeals may issue a writ directing a lower court to act or refrain from acting.

Researching final judgment rule in your state

To research final judgment rule for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• static.case.law

Related reading on Lawtopolis:

• The Notice of Appeal and Appeal Deadlines
• Post-Trial Motions: Judgment as a Matter of Law, New Trial and Relief From Judgment
• Standards of Review: De Novo, Clear Error and Abuse of Discretion