In some circumstances a party can appeal an interlocutory order of a district court as of right. See, e.g., 28 U.S.C. § 1292(a) (which lists various such interlocutory orders, including, in particular, orders granting or denying injunctions, which can be appealed as of right, and without the need for a certification under 28 U.S.C. § 1292(b)); FRCP Fed 54(b) (which allows a district court to certify that part of a case involving multiple claims or multiple parties is immediately appealable); and Bivens cases (in which the denial of official immunity is immediately appealable). If a United States Attorney intends to recommend appeal from an interlocutory order that is appealable as of right, the United States Attorney should promptly forward the order and his/her recommendation to the appellate section of the appropriate division. While the tight time limits of Section 1292(b) appeals do not apply to appeals as of right, it is nonetheless advisable to speed up the process of obtaining appeal authorization of any interlocutory appeal, to the extent feasible.

[updated July 2018]