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:

• First Circuit: R.J. Gallagher Co. v. Lent, Inc., 361 So.2d 1231, 1231 (La. App. 1 Cir. 1978); Berard v. American Employers Ins. Co., 246 So.2d 686, 687 (La. App. 1 Cir. 1970).
• Third Circuit: Larriviere v. Howard, 00-186 (La. App. 3 Cir. 10/11/00), 771 So.2d 747, 749–50.
• Fourth Circuit: Green v. Canal Ins. Co., 2022-0384 (La. App. 4 Cir. 11/14/22), 352 So.3d 99, 102; Channelside Servs., LLC v. Chrysochoos Group, Inc., 2015-0064 (La. App. 4 Cir. 5/13/16), 194 So.3d 751, 756; St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., 2014-0286 (La. App. 4 Cir. 8/27/14), 147 So.3d 1266, 1266 n. 1.
• Fifth Circuit: Gariepy v. Evans Indus., 06-106 (La. App. 5 Cir. 9/25/07), 968 So.2d 753, 754–55.

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.