Legal Definitions - application for leave to appeal

An application for leave to appeal is a formal request submitted to a higher court, asking for its permission to review a decision made by a lower court. This request is typically made in situations where a party does not have an automatic right to appeal a judgment, or when the standard deadline for filing an appeal has already expired. The higher court has the discretion to decide whether to grant or deny this permission, meaning it can choose whether or not to hear the appeal.

Here are some examples illustrating when an application for leave to appeal might be necessary:

• Example 1: Seeking Review from a State's Highest Court

  Imagine a complex civil lawsuit involving a property dispute that has already been heard and decided by a trial court and then reviewed by an intermediate appellate court. The losing party believes the intermediate appellate court made a significant legal error. In many legal systems, the state's highest court (like a Supreme Court) does not automatically hear every appeal. Instead, it often limits its review to cases involving novel legal questions, constitutional issues, or matters of significant public importance. If the property dispute does not fall into these categories, the losing party would need to file an application for leave to appeal, essentially asking the Supreme Court for permission to hear their case. The Supreme Court would then decide if the case warrants its attention.

  This example illustrates the term because the party does not have an automatic "right to appeal" to the highest court and must seek "leave" (permission) for their case to be heard.

• Example 2: Appealing After Missing a Deadline

  Consider a criminal case where a defendant was convicted and sentenced. Due to a severe personal emergency, their attorney inadvertently missed the strict 30-day deadline to file a notice of appeal with the appellate court. The defendant still believes there were serious legal errors during their trial that warrant review. Because the statutory time limit for an appeal "by right" has passed, the defendant's attorney would need to file an application for leave to appeal, explaining the circumstances of the missed deadline and requesting that the appellate court grant permission to file the appeal late. The court would then decide whether to allow the appeal to proceed despite the missed deadline.

  This example demonstrates the term because the party's "time limit for an appeal by right has expired," necessitating a special request for "leave" to proceed with the appeal.

• Example 3: Appealing an Interlocutory Order

  In a large corporate litigation, the trial judge issues a critical ruling midway through the proceedings, before a final judgment has been reached. This ruling might, for instance, exclude a key piece of evidence or dismiss a significant part of one party's claim. The affected party believes this ruling is fundamentally flawed and will severely prejudice their case, making it difficult to continue to trial. While most appeals occur after a final judgment, some jurisdictions allow appeals of certain interim (interlocutory) orders, but often only with permission. The affected party would file an application for leave to appeal the judge's interim ruling, asking the appellate court to review that specific decision immediately, rather than waiting for the entire trial to conclude. The appellate court would then decide if the issue is significant enough to warrant an early review.

  This example illustrates the term because the party does not have an automatic "appeal by right" for this specific type of interim ruling and must obtain "leave" (permission) from the appellate court to challenge it before the final judgment.