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§ 166.1.Request for interlocutory order that appellate resolution of controlling question of law would advance litigation

Title 2. Judicial Officers · Chapter 2. Powers of Judges at Chambers · Enacted 2002 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 166.1 lets a trial judge note in an interlocutory order a belief that it involves a controlling question of law with substantial grounds for disagreement, where appellate resolution could materially advance the litigation, while making clear that neither denying that request nor objecting to the notation can support a writ or appeal.

Full Text of § 166.1

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Upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation. Neither the denial of a request for, nor the objection of another party or counsel to, such a commentary in the interlocutory order, may be grounds for a writ or appeal.

Plain-English Summary

Section 166.1 gives a trial judge a narrow, non-binding way to flag a case for possible early appellate attention. On a party’s written request, or on the judge’s own initiative, the judge can add a notation to an interlocutory order stating a belief that the order involves a controlling question of law on which reasonable judges could disagree, and that getting an appellate court’s answer now could meaningfully move the case toward resolution.

The notation itself does not create a right to appeal or seek writ review — it signals to a reviewing court that the trial judge sees the issue as significant enough to warrant a closer look, which can matter when a party is asking the appellate court to exercise its discretion to hear an interlocutory writ petition. The section is equally clear about what cannot be appealed: neither a judge’s refusal to add the notation, nor another party’s objection to including it, gives rise to an independent basis for a writ or appeal.

Frequently Asked Questions

Does a judge’s notation under Section 166.1 let a party appeal an interlocutory order right away?

No. The notation itself creates no right to appeal; it only flags for a reviewing court that the trial judge sees a controlling, debatable question of law in the order.

Can a party be denied the chance to get this notation added to an order?

Yes, and Section 166.1 states that the denial of a request for the notation cannot itself be grounds for a writ or appeal.

Who can ask for this notation — only the parties, or can the judge do it alone?

Either. Section 166.1 allows the judge to include the notation on a party’s written request or on the judge’s own initiative.

Amendment History

Added Stats 2002 ch 708 § 1 (AB 2865).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: ccp 166.1 controlling question of lawinterlocutory appeal certification californiacalifornia equivalent of 1292(b) certification