US Code

Public Law 119-73 (01/23/2026)

28 U.S.C. § 1292

Interlocutory decisions

(a)
Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
(1)
Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
(2)
Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;
(3)
Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
(b)
Provided, however When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: , That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.
(c)
The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1)
section 1295 of this title of an appeal from an interlocutory order or decree described in subsection (a) or (b) of this section in any case over which the court would have jurisdiction of an appeal under ; and
(2)
of an appeal from a judgment in a civil action for patent infringement which would otherwise be appealable to the United States Court of Appeals for the Federal Circuit and is final except for an accounting.
(d)
(1)
section 256(b) of this title When the chief judge of the Court of International Trade issues an order under the provisions of , or when any judge of the Court of International Trade, in issuing any other interlocutory order, includes in the order a statement that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that an immediate appeal from that order may materially advance the ultimate termination of the litigation, the United States Court of Appeals for the Federal Circuit may, in its discretion, permit an appeal to be taken from such order, if application is made to that Court within ten days after the entry of such order.
(2)
section 798(b) of this title When the chief judge of the United States Court of Federal Claims issues an order under , or when any judge of the United States Court of Federal Claims, in issuing an interlocutory order, includes in the order a statement that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that an immediate appeal from that order may materially advance the ultimate termination of the litigation, the United States Court of Appeals for the Federal Circuit may, in its discretion, permit an appeal to be taken from such order, if application is made to that Court within ten days after the entry of such order.
(3)
Neither the application for nor the granting of an appeal under this subsection shall stay proceedings in the Court of International Trade or in the Court of Federal Claims, as the case may be, unless a stay is ordered by a judge of the Court of International Trade or of the Court of Federal Claims or by the United States Court of Appeals for the Federal Circuit or a judge of that court.
(4)
(A)
section 1631 of this title The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of an appeal from an interlocutory order of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, granting or denying, in whole or in part, a motion to transfer an action to the United States Court of Federal Claims under .
(B)
When a motion to transfer an action to the Court of Federal Claims is filed in a district court, no further proceedings shall be taken in the district court until 60 days after the court has ruled upon the motion. If an appeal is taken from the district court’s grant or denial of the motion, proceedings shall be further stayed until the appeal has been decided by the Court of Appeals for the Federal Circuit. The stay of proceedings in the district court shall not bar the granting of preliminary or injunctive relief, where appropriate and where expedition is reasonably necessary. However, during the period in which proceedings are stayed as provided in this subparagraph, no transfer to the Court of Federal Claims pursuant to the motion shall be carried out.
(e)
section 2072 of this title The Supreme Court may prescribe rules, in accordance with , to provide for an appeal of an interlocutory decision to the courts of appeals that is not otherwise provided for under subsection (a), (b), (c), or (d).

June 25, 1948, ch. 64662 Stat. 929Oct. 31, 1951, ch. 655, § 4965 Stat. 726Pub. L. 85–508, § 12(e)72 Stat. 348Pub. L. 85–91972 Stat. 1770Pub. L. 97–164, § 12596 Stat. 36Pub. L. 98–620, title IV, § 41298 Stat. 3362Pub. L. 100–702, title V, § 501102 Stat. 4652Pub. L. 102–572, title I, § 101106 Stat. 4506(, ; , ; , , ; , , ; , , ; , , ; , , ; , title IX, §§ 902(b), 906(c), , , 4516, 4518.)

Historical and Revision Notes

section 61 of title 7Mar. 3, 1911, ch. 23136 Stat. 1133Feb. 13, 1925, ch. 229, § 143 Stat. 937Feb. 28, 1927, ch. 22844 Stat. 1261Apr. 3, 1926, ch. 10244 Stat. 233May 20, 1926, ch. 347, § 13(a)44 Stat. 587Apr. 11, 1928, ch. 354, § 145 Stat. 422May 17, 1932, ch. 19047 Stat. 158Based on title 28, U.S.C., 1940 ed., §§ 225(b), 227, 227a, and of the Canal Zone Code (, §§ 128, 129, , 1134; , ; , ; , ; , ; , ; , ).

Section consolidates sections 225(b), 227 and part of 227a of title 28, U.S.C., 1940 ed., with necessary changes in phraseology to effect the consolidation.

section 225(b) of title 28section 159 of title 45section 1291 of this titleThe second paragraph of , U.S.C., 1940 ed., relating to review of decisions of the district courts, under section 9 of the Railway Labor Act (), was omitted as covered by .

section 227 of title 28Words in , U.S.C., 1940 ed., “or decree,” after “interlocutory order,” were deleted, in view of Rule 65 of the Federal Rules of Civil Procedure, using only the word “order.”

Provisions of sections 227 and 227a of title 28, U.S.C., 1940 ed., relating to stay of proceedings pending appeal were omitted as superseded by Federal Rules of Civil Procedure, Rule 73.

section 227 of title 28Provisions of , U.S.C., 1940 ed., requiring an additional bond by the district court as a condition of appeal were omitted in view of Federal Rules of Civil Procedure, Rule 73.

section 227 of title 28section 227 of title 28section 1254 of this titleWords in , U.S.C., 1940 ed., “and sections 346 and 347 of this title shall apply to such cases in the circuit courts of appeals as to other cases therein,” at the end of the first sentence of , U.S.C., 1940 ed., were deleted as fully covered by , applicable to any case in a court of appeals. Other procedural provisions of said section 227 were omitted as covered by section 2101 et seq. of this title.

section 227a of title 28In subsection (4), which is based on , U.S.C., 1940 ed., words “civil actions” were substituted for “suits in equity” and word “judgments” was substituted for “decree,” in view of Rules 2 and 54 of the Federal Rules of Civil Procedure.

section 2107 of this titleThe provision of sections 227 and 227a of title 28, U.S.C., 1940 ed., that appeal must be taken within thirty days after entry of order, decree or judgment is incorporated in .

section 227a of title 28The provisions of , U.S.C., 1940 ed., relating to stay of proceedings pending appeal, were omitted as superseded by Rule 73 of the Federal Rules of Civil Procedure.

section 451 of this titlesection 225 of title 28The district courts for the districts of Hawaii and Puerto Rico are embraced in the term “district courts of the United States.” (See definitive .) Consequently the specific reference in , U.S.C., 1940 ed., to “the United States district courts for Hawaii” was omitted.

section 225(b) of title 28The District Court for the District of Puerto Rico is not enumerated in , U.S.C., 1940 ed., nevertheless subsection (2) of the revised section does not except such court. Thus in conformity with the last sentence of section 864, title 48, U.S.C., 1940 ed. For distribution of said section 864, see Distribution Table.

Section 61 of title 7 of the Canal Zone Code is also incorporated in sections 1291 and 1294 of this title.

Editorial Notes

Amendments

Pub. L. 102–572section 798(b) of this title1992—Subsec. (d)(2). , §§ 902(b)(1), 906(c), substituted “When the chief judge of the United States Court of Federal Claims issues an order under , or when any judge of the United States Court of Federal Claims” for “When any judge of the United States Claims Court”.

Pub. L. 102–572, § 902(b)(2)Subsec. (d)(3). , substituted “Court of Federal Claims” for “Claims Court” in two places.

Pub. L. 102–572, § 902(b)Subsec. (d)(4). , substituted “United States Court of Federal Claims” for “United States Claims Court” in subpar. (A) and “Court of Federal Claims” for “Claims Court” in two places in subpar. (B).

Pub. L. 102–572, § 101Subsec. (e). , added subsec. (e).

Pub. L. 100–7021988—Subsec. (d)(4). added par. (4).

Pub. L. 98–620, § 412(a)1984—Subsec. (b). , inserted “which would have jurisdiction of an appeal of such action” after “The Court of Appeals”.

Pub. L. 98–620, § 412(b)Subsec. (c)(1). , inserted “or (b)” after “(a)”.

Pub. L. 97–164, § 125(a)(1)1982—Subsec. (a). , substituted “Except as provided in subsections (c) and (d) of this section, the courts” for “The courts” in introductory provisions.

Pub. L. 97–164, § 125(a)(2)Subsec. (a)(4). , (3), struck out par. (4) which related to judgments in civil actions for patent infringement which were final except for accounting.

Pub. L. 97–164, § 125(b)Subsecs. (c), (d). , added subsecs. (c) and (d).

Pub. L. 85–9191958— designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 85–508section 81A of this titlePar. (1). struck out reference to District Court for Territory of Alaska. See which established a United States District Court for the State of Alaska.

1951—Par. (1). Act , inserted reference to District Court of Guam.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

section 101 of Pub. L. 102–572section 1101(a) of Pub. L. 102–572section 905 of Title 2Amendment by effective , see , set out as a note under , The Congress.

Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of this titleAmendment by sections 902(b) and 906(c) of effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–702, title V, § 502102 Stat. 4652

“The amendment made by section 501 [amending this section] shall apply to any action commenced in the district court on or after the date of enactment of this title [].”
, , , provided that:

Effective Date of 1982 Amendment

Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–508Pub. L. 85–508section 81A of this titlesection 21 of Title 48Amendment by effective , on admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of , see notes set out under and preceding , Territories and Insular Possessions.

Termination of United States District Court for the District of the Canal Zone

For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning , and ending midnight , see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and Intercourse.