"[1] The procedural posture of interlocutory appeals have previously been criticized for allowing courts to grant "'hasty decision[s]'” on the basis of “'rudimentary hearings.
Suppose all the claims and issues have been resolved as to one of the defendants, but the rest of the parties will be fighting out the case for another year or ten.
§ 1291) such an appeal would be permitted only if: The Supreme Court created the test in the case Cohen v. Beneficial Industrial Loan Corp.,[3] where it was applied to a requirement of bond to be posted in certain stockholders derivative actions by plaintiffs, in anticipation of being liable for defendant's attorney's fees.
The Supreme Court stated that the only matters of sufficient importance to merit a collateral appeal were "those originating in the Constitution or statutes".
[10] The Seventh, Tenth and Eleventh Circuit courts conversely held that a non-frivolous appeal warrants a stay of proceedings.
Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging efficient litigation of civil actions on the merits in the superior courts.
"[citation needed] Whether the North Carolina Court of Appeals concludes that a substantial right is affected and decides to grant of a writ is not always easily predictable.
As the North Carolina Court of Appeals itself said on many occasions, "the substantial right test is more easily stated than applied."
[citation needed] Such jurisdiction is discretionary, and thus the appellate court may issue an action granting or denying the writ, or may decline to consider the merits of an application altogether.
[citation needed] In practice, taking writs is far more common in criminal matters and most often involves objections to a district court's pre-trial rulings on defense motions to suppress evidence, statements, or identifications.
[citation needed] An application for supervisory writs is also the mechanism for seeking review of a district court's decision to grant or deny a petition for post-conviction relief.