La. 2nd Circuit rule for expedited writ applications
Preserving denial of summary judgment in federal court

When can a discovery order be appealed?

Normally, a discovery order is not appealable because it is an interlocutory judgment, not a final judgment. Therefore, the only avenue for review is by application for a supervisory writ. But a recent decision by the Louisiana First Circuit reminds us of an exception to this rule: when the order involves discovery from a non-party to the case, it can be appealed. The rationale is that, as far as the non-party is concerned, the order is a final judgment because it resolves the entire dispute involving the non-party. Hughes v. Capital City Press, LLC d/b/a The Advocate, 2022-1133, p. 4 n. 3 (La. App. 1 Cir. 6/2/23), — So.3d —, 2023 WL 3861840. Other cases from the First, Third, Fourth, and Fifth Circuits say the same thing:

Although the appellant in these cases is usually the non-party from whom the discovery is sought, the First Circuit (in Hughes) and the Fourth Circuit (in Cannelside) have applied it to consider appeals by a party seeking discovery from a non-party.


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