When you receive an adverse interlocutory trial court ruling, it can be difficult to objectively evaluate the likelihood of success on a motion for leave to appeal, particularly in light of how infrequently such motions are granted. The considerations discussed in this article can assist you and your client in deciding whether to seek leave to appeal from an interlocutory order.
Rule 2:2-4 provides that leave to appeal from an interlocutory order may be granted “in the interest of justice.” R. 2:2-4. Whether to grant leave is within the Appellate Division’s discretion and is exercised sparingly. State v. Reldan, 100 N.J. 187, 205 (1985); Moon v. Warren Haven Nursing Home, 182 N.J. 507, 508 (2005). Because of the general policy against piecemeal litigation, courts grant leave only when “there is the possibility of some grave damage or injustice.” See Brundage v. Estate of Carambio, 195 N.J. 575, 599 (2008) (internal quotation omitted). An interlocutory appeal is not an appropriate means to “correct minor injustices.” Ibid.
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