An employee properly sued her employer for wrongful discharge in federal court. During discovery, the employee served the employer with a discovery request for information regarding all employment termination over the previous 15 years, regardless of the position. The employer objected, and the employee filed a motion to compel the requested discovery. The court denied the motion to compel, and the employee wants to file an immediate appeal to review this decision. Does the employee have a right to an immediate appeal

Respuesta :

Answer:

No, because the trial court's order is an "interlocutory order" that can be reviewed prior to final judgment only if the trial court certifies it for immediate appeal and the appellate court, in its discretion, agrees to hear the appeal

Explanation:

Interlocutory orders

This is simply known as an order or judgment usually made in a case before  the said  parties claim or defense and every issue in the case has been reviewed or settled and they are not appealable. it is a form of rulings that trial judges do make in the course of pretrial proceedings and trials that were not entirely settled/resolve in the case. Therefore, they are not final. In this scenario above, interlocutory orders are usually not immediately reviewable on appeal until a final order is made such as meeting one of the exceptions permitting an appeal as of right (i.e., orders granting injunctions; orders appointing a receiver etc). This Appeals also may grant the review of an interlocutory order, but it is discretionary, and may be available only when the trial judge signs that the interlocutory order and the court of appeals then agrees to allow the appeal.