Todd Weiler, a Utah State Senator, posted a series of tweets on January 1, 2026, discussing the frequency and nature of interlocutory appeals in U.S. courts.
In his first tweet, Weiler cited research from the American Bar Association: “A 2022 study by the American Bar Association (ABA) noted that courts allow interlocutory appeals in approximately 5% of cases annually.” (January 1, 2026).
He continued to clarify the distinction between types of appeals: “Appeals from final judgments are mandatory; Interlocutory appeals are discretionary, which means the appellate courts can deny them.” (January 1, 2026).
Weiler also provided specific data regarding Utah’s appellate system: “In Utah, percentages of granted petitions for interlocutory review in the Supreme Court varied from 30% to 65% in the early 2010s, while the Court of Appeals’ grant rate was much lower, typically between 7% and 19%.” (January 1, 2026).
Interlocutory appeals refer to requests for appellate review before a trial court has issued a final judgment. These types of appeals are not automatically granted and require judicial discretion. In contrast, appeals following final judgments must be considered by appellate courts.
The information shared by Weiler highlights both national and state-level trends regarding how often such discretionary reviews are permitted. His remarks align with broader legal scholarship noting that interlocutory appeals serve as an exception rather than the rule within most U.S. jurisdictions.
