Is a discovery sanction order decided 6 months ago appealable as interlocutory appeal before the final judgement?
Answer
It is appealable, but not that late.
Answer
It is appealable because it is a final judgment on that issue which would not be altered by anything decided later in the case. But you have waited too long. Also, unless it is a large amount or prevents the introduction of some favorable evidence, it may not have been worth the effort and cost to appeal it.
Answer
The order is only appealable if the sanctions are over $5,000. The due date for the notice of appeal can be hard to calculate, but the latest it could be would be 180 days after the order was entered, which is just under six months. Chances are that it was much sooner than that.
Most discovery sanctions are for well under $5,000. Such a sanctions order is not separately appealable. But when there is a final, appealable judgment, the appeal from that judgment may include a challenge to the sanctions order.
Please note that this is a rather imprecise summary of a complex set of rules. There may be a nuance that applies in your case that I have not thought of. You should discuss your situation in more detail with a lawyer right away, especially if the sanctions really were over $5,000. Feel free to contact me directly; I am a certified appellate specialist with over 17 years of relevant experience.
Answer
I agree with Mr. Hoffman. I'm assuming that the sanctions are monetary sanctions. Monetary sanctions are directly appealable if the amount exceeds $5,000.00. Otherwise, they are not appealable.
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