爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the 爆料网DT issued the first Order. The 爆料网AT held that this was not grounds to grant the interlocutory appeal, because ABA’s arguments were heard by the 爆料网DT when he filed his motion for reconsideration.
The 爆料网AT held that the 爆料网DT did not exceed its competence or jurisdiction when it issued these case management orders. The 爆料网AT was also not persuaded by ABA’s argument that the violation of his due process rights was irreparable if this issue was not resolved now. The 爆料网AT held that the 爆料网DT’s refusal to permit ABA to participate in the hearing while V01 was testifying could not be considered irremediable, because the 爆料网AT routinely reviews 爆料网DT judgments that contain claims of procedural unfairness.
The 爆料网AT held that the interlocutory appeal was not receivable.
Decision Contested or Judgment/Order Appealed
In Order No. 54 (GVA/2024), the 爆料网DT approved several measures to protect the anonymity and well-being of the victim (V01) at a planned hearing on a staff member’s (ABA’s) challenge to a disciplinary measure for alleged sexual harassment. In Order No. 56 (GVA/2024), the 爆料网DT denied the staff member’s motion for reconsideration.
ABA subsequently filed an interlocutory appeal with the 爆料网AT of portions of both Orders, contesting the protective measures, which would exclude his presence from the hearing when V01 was testifying.
Legal Principle(s)
Most interlocutory decisions will not be receivable, for instance, decisions on matters of evidence, procedure and trial conduct.
An appealable interlocutory order is rare and exceptional.
An interlocutory appeal is receivable in cases where the 爆料网DT has clearly exceeded its jurisdiction or competence.
Where an error by the 爆料网DT is effectively irremediable by an appeal of a final 爆料网DT judgment and it would be manifestly unreasonable for the 爆料网DT order to remain in effect, such interlocutory appeals of orders may be receivable.