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Leave for appeal is when the trial court gives you permission to appeal. This is common when the issue is not directly appeallable, such as an interlocutory appeal.

Appeal as of right means you do not need permission from the trial court to appeal, and you may simply file your appeal.

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13y ago

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What are the differences between an appeal as a matter of right and a discretionary appeal?

Appeal as a matter of right means the appellate court has to hear your appeal, or that you have the right to appeal. Discretionary appeal means the appellate court decides whether or not it will hear your appeal.


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Sometimes, you have an automatic right to have your case or a specific issue reviewed by the court of appeals for legal defect. Sometimes you don't have that right. If you don't have that right, you can request permission from the appropriate court to appeal. If that permission is granted, you are said to be given leave to appeal. For example, the court make a ruling about an issue prior to trial, such as the admissibility of some evidence. If the party who loses on this ruling thinks that the court is incorrect about the law on the admissibility, the party could ask the court for leave to file an interlocutory appeal. Normally, an appeal is not permitted until the end of a trial, but the trial court may grant leave for that party to file an interlocutory appeal of the pre-trial ruling. This generally happens in the case of unsettled law, where the trial court does not want to spend the time trying a case when there is a good chance that it could be reversed on appeal on this smaller issue.


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