Appellate Program

Appeal as of Right vs. Discretionary Review

There are two ways to bring a case up for appellate review from the Superior Court:

  • An Appeal is the term used to refer to review sought as a matter of right.  A decision that may be appealed as of right generally means some final judgment or action of the trial court.
  • Discretionary Review is the term that applies to all other cases where there is no right to review.  This includes review of interlocutory orders made before or during the course of the trial.  In such cases, the party must ask the appellate court for permission to seek review.

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