Because of the short time (10 days) allowed for making application to the court of appeals for interlocutory appeals certified under 28 U.S.C. § 1292(b), the appellate section of the appropriate division should immediately be advised by email in every case in which the United States Attorney believes that the government should seek certification for such an interlocutory appeal or in which the district court has stated in its order that a controlling question of law is involved. See 28 U.S.C. § 1292(b). All the necessary papers should immediately be transmitted to the appellate section of the appropriate division. No request to certify an interlocutory appeal should be made in the district court without prior authorization from the Office of the Solicitor General. See Procedure In Interlocutory Appeals, at JM 2-2.300.

[updated July 2018]