Upon Further Review

Under the so-called “final ­judgment rule”—which federal appellate courts and the state appellate courts of Pennsylvania follow to slightly differing degrees—appellate review of even a ­tremendously important ruling of a trial court ordinarily must await the completion of the entire case.

In Pennsylvania state appellate courts, the most common ways to obtain immediate appellate review of an order issued in the middle of a case include interlocutory ­appeals as of right, orders certified by the trial court for interlocutory appeal by ­permission and orders in which an ­interlocutory appeal may be taken as of right under the collateral order doctrine. Pennsylvania state trial courts also have the ability to certify an order disposing of fewer than all claims as to fewer than all parties as a final order.

In federal court, the options for ­appealing an interlocutory order are largely the same, except that the federal rules—unlike the Pennsylvania Rules of Appellate Procedure—do not designate numerous types of interlocutory trial court orders as immediately appealable as of right.