In Pennsylvania, it is quite well-established that Pa. R.A.P. 313 allows immediate appeal of otherwise interlocutory decisions as “collateral orders” where a question of privilege is involved. See Commonwealth v. Harris, 32 A.3d 243, 249 (Pa. 2011) (once privileged material is disclosed, “the bell cannot be unrung by a later appeal”). In privilege cases, Rule 313(b)’s three-pronged test for appealability: a severable issue, an important right, and irreparable harm of review is postponed—is easily met.

On the other hand, Dougherty v. Heller, 138 A.3d 611 (Pa. 2016), reminded the bench and bar that “the collateral order doctrine is to be administered narrowly, in a manner which does not unduly undermine the general policy against piecemeal appeals.” “Mere assertion of a privacy interest related to discovery,” does not create an immediately appealable collateral order.