28 USC 1292 permits review of certain orders before the entire district-court case ends. Some specified orders are appealable under subsection (a); other civil orders may qualify for discretionary review under subsection (b). The statute is an exception to the usual final-decision framework, not a general right to appeal any important pretrial ruling. [1][2]
Orders expressly covered by subsection (a)
The statute addresses specified injunction orders, certain receivership orders, and certain admiralty decisions determining parties’ rights and liabilities. The exact wording matters. An order that affects litigation strategy or requires disclosure is not necessarily an injunction order merely because compliance is required. [1]
For example, the Supreme Court’s Mohawk decision explains that attorney-client privilege disclosure orders do not qualify automatically for collateral-order review. Other possible review mechanisms must be considered separately; importance alone does not establish appellate jurisdiction. [3]
Certification under subsection (b) has three elements
The district judge must state in writing that the order involves a controlling question of law, substantial ground for difference of opinion, and a prospect that immediate appeal may materially advance the litigation’s ultimate termination. Disagreement with an evidentiary finding or the desire to avoid trial does not necessarily satisfy those elements. [1]
Certification is only the first gate. The court of appeals may permit the appeal in its discretion. The statute requires the application within ten days after entry of the qualifying order, so promptly check the order, the applicable appellate rule, and any later certification procedure. Do not substitute the ordinary final-judgment appeal deadline. [1]
A petition does not automatically pause the case
Section 1292(b) expressly says the application does not stay district-court proceedings unless the district judge, court of appeals, or an appellate judge orders a stay. Continue meeting existing deadlines unless an actual order changes them. [1]
Build the request around the legal question
- Identify the precise order and statutory route.
- Frame the controlling legal question.
- Explain the substantial disagreement with supporting authority.
- Show how immediate review could shorten or resolve the case.
- Request any needed stay separately.
Specialized Federal Circuit provisions appear elsewhere in Section 1292. Compare limits on reviewing remand orders and certificates of appealability in postconviction cases before assuming one permission mechanism applies across all federal litigation.
Primary sources
- 28 USC 1292 – Interlocutory Decisions
- 28 USC 1291: Final decisions
- Mohawk Industries, Inc. v. Carpenter, 558 US 100 (2010)
Sources checked: October 31, 2026.