Civil Procedure Multistate Bar Practice Exam

What is NOT a factor for establishing an interlocutory appeal under the Interlocutory Appeals Act?

1. It must relate to an important legal question

2. It must involve a distinct legal issue

3. It must inflict immediate harm to a party

4. It must have substantial grounds for dispute

The correct answer is: It must inflict immediate harm to a party

In the context of establishing an interlocutory appeal under the Interlocutory Appeals Act, it is essential to understand the purpose and requirements for such appeals. Interlocutory appeals are typically permitted to address significant legal questions that could have a substantial impact on the outcome of litigation before final judgment. The correct assertion that immediate harm to a party is not a determining factor reflects the focus of the statute on the legal implications of the issues rather than the immediate effects on the parties involved. The primary factors generally considered for an interlocutory appeal include whether the issue is important and distinct, indicating its relevance to the broader legal landscape and the way it may influence the case. Additionally, substantial grounds for dispute highlight the necessity for clarity before proceeding further, ensuring that the legal question is worthy of appellate review. Therefore, identifying immediate harm as a non-factor aligns with the broader intent of the Interlocutory Appeals Act to address significant legal questions that require resolution to avoid prejudice in the judicial process, rather than focusing solely on the immediate impacts on the parties.