When a petition for issuance of a writ of certiorari is filed to review an interlocutory order, ruling or decision, the underlying trial court proceedings will continue. Many times, continuation of the underlying proceedings could moot the issue on which appellate review is sought. For example, a trial court ruling that certain documents are not protected by the attorney client privilege is an interlocutory ruling which only may be reviewed by certiorari, however, if the trial court proceedings continue while the petition is pending, the documents at issue will be disclosed and the issue for review on certiorari will be moot. In those instances, the Rhode Island Supreme Court Rules of Appellate Procedure authorize the petitioner to seek a stay pendente lite. R.I. Sup. Ct. R. App. P. 13(f). Ordinarily, the stay should be sought in the first instance in the trial court and, if the stay is denied by the trial court, a motion to stay may be filed in the Supreme Court.
About The Author
Nicole J. Benjamin
I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.
