§ 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
Full Text of § 166.1
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).