28 U.S.C. 1292(b) permits a narrow discretionary appeal from an otherwise nonfinal civil order. It is an exception to ordinary final-judgment appellate jurisdiction, not a general right to appeal every important ruling immediately. [1] [2]
The district court must certify the statutory grounds
The order must involve a controlling question of law, substantial ground for difference of opinion, and a conclusion that immediate appeal may materially advance the litigation’s ultimate termination. Disagreement with the result alone does not establish every condition. [1]
The court of appeals still decides
Even after district-court certification, the appellate court has discretion whether to permit the appeal. Section 1292(b) requires the application within ten days after entry of the certified order. Calculate the deadline under the applicable procedural rules and do not substitute an ordinary final-appeal deadline. [1]
No automatic pause below
The application does not itself stay district-court proceedings. A stay must come from the district court or court of appeals under the relevant authority. Continue meeting existing deadlines unless an actual order changes them. [1]
For example, a certified legal issue may be considered while discovery continues. Certification alone does not authorize ignoring the discovery schedule.
Frame the question precisely
Identify the pure legal issue, why it controls the case, the competing authorities, and how immediate review could avoid unnecessary proceedings. Include the required orders and supporting materials under appellate rules.
Use the permission procedure rather than an ordinary appeal assumption
The district court’s certification and the appellate court’s permission perform different functions. A filing that merely states disagreement with an interlocutory order does not establish jurisdiction under subsection(b). Identify the certified question, why the statutory conditions exist, and how the petition satisfies the applicable appellate procedure. If the district court amends an order to add certification, determine the legally relevant entry and deadline rather than guessing from the original ruling’s date. [1]
Other interlocutory orders can have different appeal routes, including provisions within section 1292(a). Do not import subsection(b)’s double-discretion procedure into every injunction appeal or use an ordinary final-judgment deadline for a permission petition. Maintain the district-court calendar until a stay actually issues. An appellate docket number alone does not establish that discovery, trial preparation, or another existing obligation has stopped. [1] [2]
See bankruptcy adjudication authority and civil-rights limitations. Different appellate routes and trial-stage deadlines must be analyzed independently.
Primary sources
Sources checked: October 31, 2026.