Common use of Interlocutory appeal Clause in Contracts

Interlocutory appeal. (a) An interlocutory appeal by the United States taken before or after the defendant has been placed in jeopardy shall lie to a court of ap- peals from a decision or order of a district court in a criminal case authorizing the disclosure of classified information, imposing sanctions for nondisclosure of classified information, or refus- ing a protective order sought by the United States to prevent the disclosure of classified in- formation. (b) An appeal taken pursuant to this section either before or during trial shall be expedited by the court of appeals. Prior to trial, an appeal shall be taken within fourteen days after the de- cision or order appealed from and the trial shall not commence until the appeal is resolved. If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved and the court of appeals (1) shall hear argument on such appeal within four days of the adjournment of the trial, excluding intermediate weekends and holidays, (2) may dispense with written briefs other than the supporting materials pre- viously submitted to the trial court, (3) shall render its decision within four days of argument on appeal, excluding intermediate weekends and holidays, and (4) may dispense with the issuance of a written opinion in rendering its decision. Such appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a judgment of conviction, to claim as error reversal by the trial court on remand of a ruling appealed from during trial. (Pub. L. 96–456, § 7, Oct. 15, 1980, 94 Stat. 2028; Pub. L. 111–16, § 4, May 7, 2009, 123 Stat. 1608.) AMENDMENTS 2009—Subsec. (b). Pub. L. 111–16, § 4(1), substituted ‘‘fourteen days’’ for ‘‘ten days’’. Subsec. (b)(1). Pub. L. 111–16, § 4(2), inserted ‘‘exclud- ing intermediate weekends and holidays,’’ after ‘‘ad- journment of the trial,’’. Subsec. (b)(3). Pub. L. 111–16, § 4(3), inserted ‘‘exclud- ing intermediate weekends and holidays,’’ after ‘‘argu- ment on appeal,’’. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Interlocutory appeal. (a) An interlocutory appeal by the United States taken before or after the defendant has been placed in jeopardy shall lie to a court of ap- peals from a decision or order of a district court in a criminal case authorizing the disclosure of classified information, imposing sanctions for nondisclosure of classified information, or refus- ing a protective order sought by the United States to prevent the disclosure of classified in- formation. (b) An appeal taken pursuant to this section either before or during trial shall be expedited by the court of appeals. Prior to trial, an appeal shall be taken within fourteen days after the de- cision or order appealed from and the trial shall not commence until the appeal is resolved. If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved and the court of appeals (1) shall hear argument on such appeal within four days of the adjournment of the trial, excluding intermediate weekends and holidays, (2) may dispense with written briefs other than the supporting materials pre- viously submitted to the trial court, (3) shall render its decision within four days of argument on appeal, excluding intermediate weekends and holidays, and (4) may dispense with the issuance of a written opinion in rendering its decision. Such appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a judgment of conviction, to claim as error reversal by the trial court on remand of a ruling appealed from during trial. (Pub. L. 96–456, § 7, Oct. 15, 1980, 94 Stat. 2028; Pub. L. 111–16, § 4, May 7, 2009, 123 Stat. 1608.) AMENDMENTS 2009—Subsec. (b). Pub. L. 111–16, § 4(1), substituted ‘‘fourteen days’’ for ‘‘ten days’’. Subsec. (b)(1). Pub. L. 111–16, § 4(2), inserted ‘‘exclud- ing intermediate weekends and holidays,’’ after ‘‘ad- journment of the trial,’’. Subsec. (b)(3). Pub. L. 111–16, § 4(3), inserted ‘‘exclud- ing intermediate weekends and holidays,’’ after ‘‘argu- ment on appeal,’’. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.