James M Beck, with Reed Smith. Courtesy photo Can the Collateral Order Doctrine Support a Nonprivilege-Related Appeal?
This article aims to save appellate practitioners time and money by reviewing what nonprivilege questions have recently—post-Dougherty—supported, or not, interlocutory appeals under Rule 313(b)'s collateral order test. It should be emphasized, however, that a party's failure to take an available interlocutory appeal of a collateral order does not waive later objections to that order.
May 18, 2023 at 12:49 PM
8 minute read
In Pennsylvania, it is quite well-established that Pa. R.A.P. 313 allows immediate appeal of otherwise interlocutory decisions as "collateral orders" where a question of privilege is involved. See Commonwealth v. Harris, 32 A.3d 243, 249 (Pa. 2011) (once privileged material is disclosed, "the bell cannot be unrung by a later appeal"). In privilege cases, Rule 313(b)'s three-pronged test for appealability: a severable issue, an important right, and irreparable harm of review is postponed—is easily met.
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