Section 1702. Appeals; judgments and orders appealable  


Latest version.
  • (a) Appeals as of right. An appeal may be taken as of right:
        1.  from  any  final  or  interlocutory  judgment  except  one entered
      subsequent to an order of an appellate court which disposes of  all  the
      issues in the action; or
        2. from an order not specified in subdivision (b), where the motion it
      decided was made upon notice and it:
        (i) grants, refuses, continues or modifies a provisional remedy; or
        (ii)   settles,  grants  or  refuses  an  application  to  resettle  a
      transcript or statement on appeal; or
        (iii) grants or refuses a new trial; except where  specific  questions
      of  fact  arising upon the issues in an action triable by the court have
      been tried by a jury, pursuant to an order for  that  purpose,  and  the
      order grants or refuses a new trial upon the merits; or
        (iv) involves some part of the merits; or
        (v) affects a substantial right; or
        (vi)  in  effect  determines  the  action and prevents a judgment from
      which an appeal might be taken; or
        (vii)  determines  a  statutory  provision  of   the   state   to   be
      unconstitutional,  and  the determination appears from the reasons given
      for the decision or is necessarily implied in the decision; or
        3. from an order, where the motion it decided was  made  upon  notice,
      refusing  to  vacate  or  modify a prior order, if the prior order would
      have been appealable as of right under paragraph two had  it  decided  a
      motion made upon notice.
        (b)  Orders not appealable as of right.  An order is not appealable as
      of right where it:
        1. requires or refuses to require  a  more  definite  statement  in  a
      pleading; or
        2.  orders  or refuses to order that scandalous or pre-judicial matter
      be stricken from a pleading.
        (c) Appeals by permission. An appeal may be taken from any order which
      is not appealable as of right by permission of the justice who made  the
      order  granted before application to a judge or justice of the appellate
      court; or by permission of a judge or justice  of  the  appellate  court
      upon  refusal  by  the  justice  who  made  the  order  or  upon  direct
      application.
        (d) On any appeal taken hereunder the appellate court shall have  full
      power  to  review  any  exercise  of  discretion by the court or justice
      below.