CertiorArireviewoforDersDenYingDisCoverY
Appellate Practice Section Chairs : JoeEagleton – Brannock & Humphries & ChanceLyman – BuchananIngersoll & Rooney , PC
immediateappellate reviewmaybecrucial toprotectingthe party ’ sinterests .
Civil discovery is not usually a zero-sum game . Discovery disputes in the throes of litigation are often resolved through compromise or limitation . But in some circumstances , a trial court ’ s order prohibiting certain discovery — either by granting a protective order or denying a motion to compel — deals a crippling blow to claims or defenses . When the stakes are that high , and a nonfinal appeal is not an option , 1 a party will not want to go through the motions ( and expense ) necessary to obtain a flawed final judgment for appeal . Immediate appellate review may be crucial to protecting the party ’ s interests .
The aggrieved party may file a petition for writ of certiorari in the appellate court . Certiorari relief is an “ extraordinary remedy ,” so the petitioner must establish that the trial court ( 1 ) departed from the essential requirements of the law , ( 2 ) which resulted in a material injury throughout the remainder of the proceedings , ( 3 ) that cannot be corrected on postjudgment appeal . 2 The second two requirements are
Continuedonpage21
2 0 N O V - D E C 2 0 2 1 | H C B A L A W Y E R