What are mandamus and interlocutory appeals?
Minneapolis, MN appellate lawyer Kay Nord Hunt talks about mandamus and interlocutory appeals.
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Mandamus and prohibition are what they call writs; they’re the most common writs that are still in existence. What they are, are there’s special situations where, because of what the trial court has done, you’re seeking a writ, a ruling by the appellate court right now that what the trial court did was either prohibited by the law or was mandated by the law. They’re not utilized that often because the standards are so high. It cannot be a situation where the court has any discretion in its ruling, it must be a situation where the trial court had no discretion and it ruled or didn’t rule as it should have.
Interlocutory appeals are appeals involving such things as the grant or denial of injunctive relief is the most common one. In family law there are interlocutory appeals on orders modifying spousal maintenance, child support is a common one. So what you need to do is if you have an order and you’re not sure whether it’s appealable, you need to go back and look at the appellate rules and your particular jurisdiction to see if it’s something that you should raise now or can you raise it later or should you raise it later.