Simple English definitions for legal terms
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Term: Motion for Leave to Appeal
Definition: A motion for leave to appeal is a request made to an appellate court to review an order that is not final, but meets the standards of the collateral-order doctrine. This means that the order must involve an important issue that cannot be effectively reviewed after the final judgment is made. The motion is abbreviated as MLA and is used to seek permission to appeal an interlocutory order.
Example: A defendant in a criminal case may file a motion for leave to appeal if the trial court denies their motion to suppress evidence. The defendant would argue that the order involves an important issue that cannot be effectively reviewed after the final judgment is made, and therefore, the appellate court should review the order before the trial proceeds.
Definition: A motion for leave to appeal is a request made to an appellate court to review an interlocutory order that meets the standards of the collateral-order doctrine. It is abbreviated as MLA. The collateral-order doctrine allows an appeal of an order that is separate from the main case and cannot be effectively reviewed after the final judgment.
Example: A defendant in a criminal case may file a motion for leave to appeal if the trial court denies their motion to suppress evidence. The defendant can argue that the order denying the motion to suppress is a collateral order that meets the standards of the collateral-order doctrine. If the appellate court grants the motion for leave to appeal, they will review the order denying the motion to suppress before the trial proceeds.
Explanation: The example illustrates how a defendant in a criminal case can use a motion for leave to appeal to challenge an interlocutory order that meets the standards of the collateral-order doctrine. The defendant argues that the order denying the motion to suppress is a separate issue that cannot be effectively reviewed after the final judgment. If the appellate court agrees, they will review the order before the trial proceeds.
motion for judgment on the pleadings | motion for modification