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Interlocutory Appeals

Georgia Appeals Attorney

Interlocutory appeals in Georgia are usually pursued when a pretrial motion is denied and the losing party wants to have the appellate court consider the legal issue before the case goes to trial. For example, if you were pulled over and your vehicle was searched in a manner that you contend was illegal, yet the trial judge denied your motion to suppress, you might consider appealing the denial of your motion to suppress before deciding whether to exercise your right to a trial. As a Cobb County Criminal Appeals Lawyer, Ben recently won an interlocutory appeal.

The Interlocutory Application Process

The first step is getting the trial judge to issue what is called a certificate of immediate review. This must be filed within 10 days of the entry of whatever order you are seeking to appeal. Once the certificate is filed, you have 10 days to file what is called the interlocutory application with the appropriate appellate court. Within 45 days the appellate court will decide whether or not to grant the application. If it is granted, the case then takes the form of a normal appeal.

Both the Court of Appeals and the Georgia Supreme Court will only grant interlocutory applications under the following circumstances:

(1) The issue to be decided appears to be dispositive of the case;

(2) The order appears erroneous and will probably cause a substantial error at trial; or

(3) The establishment of a precedent is desirable.

What Types of Case Get Appealed Before Trial

A few of the most common interlocutory appeals are based on the following:

  • denial of motion to suppress evidence
  • denial of motion to suppress confessions/statements
  • denial of motion to recuse the trial judge

There are very strict procedural rules for filing interlocutory applications. These rules can be found on both the Court of Appeals' and the Supreme Court's websites. Otherwise, contact a Cobb County Criminal Appeals Attorney to discuss your case. 

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