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US Civil Procedure for International Students: 2021 - 2022 Edition
Section 4 . 5 . 3
19 minutes

Discretionary Appeals Under 28 USC 1292 (a) and (b)

Ray Worthy Campbell

    In this section, we see that 28 U.S.C. § 1291 is not the only statutory grant of appellate jurisdiction,  28 U.S.C. § 1292 (a) and (b) provide a different path to getting appellate review, a path that does not require a final judgment but that also has requirements of its own. Put differently, 28 U.S.C. § 1292 is a different grant of appellate authority. Please pay attention to when and how 28 U.S.C. § 1292 applies even when there is no final judgment.

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