The general rule in New Jersey civil actions is that a final order as to all issues and all parties must be entered before a party can appeal as of right. Parties must therefore seek leave to appeal from the Appellate Division or Supreme Court of interlocutory orders entered prior to a final order. SeeRules 2:2-4 & 2:2-2. New Jersey rules impose this restriction on interlocutory appeals because “interlocutory appellate review runs counter to a judicial policy that favors an uninterrupted proceeding at the trial level with a single and complete review.” Golden Estates v. Continental Cas., 317 N.J. Super. 82, 88 (App. Div. 1998).
The policy considerations and rationale supporting our appeal practice, however, do not necessarily translate to class-action litigation, particularly to interlocutory orders either certifying or refusing to certify a class. Indeed, “[t]he determination whether or not to certify an action as a class action has enormous implications for all the participants—the named parties, the absent class members, and the court itself.” Charles Alan Wright et al., Federal Practice and Procedure §1785 (3d ed. 1998). These considerations are of particular interest now, as the number of class-action lawsuits continues to rise nationwide.
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