Rule 44. Civil appellate review

Final civil judgments

Unless a statute grants an appeal as of right, review of a final civil judgment is sought by a petition for review under Rules 47 through 49. The petition procedure is a term and condition of appellate jurisdiction, not a denial of the Court’s constitutional appellate authority.

Orders granting a new trial

An aggrieved party may appeal an order granting a new trial without awaiting final judgment. That appeal proceeds as an appeal as of right and must satisfy Rule 46.

Other statutory appeals

A civil order that a statute makes directly appealable proceeds as an appeal as of right. The notice must cite the statute.

Ordinary interlocutory orders

An order denying a new trial, denying summary judgment, regulating discovery, admitting or excluding evidence, or otherwise managing a pending civil case is not directly appealable unless law expressly provides. Relief, if any, must be sought under Rule 47, 50, 53, or 54.

Relief and prejudice

The party seeking reversal bears the burden under Rule 42(c). Review does not permit appellate damages beyond the amount and circumstances authorized by law.