Assume you’re in federal court and you decide you need to petition the 9th Circuit for a discretionary interlocutory appeal of some sort. For example, this could be a petition under Federal Rules of Civil Procedure rule 23(f) to appeal an order granting or denying class-action certification. Federal Rules of Appellate Procedure rule 5 sets forth the procedures governing such an “Appeal by Permission.”
Read the full version of this month’s “Exceptionally Appealing” column from Partner Benjamin G. Shatz at the Daily Journal.