Last week, the Supreme Court denied petitions for review (here, here, and here) that challenged Court of Appeal orders denying attorney pro hac vice applications (here, here, and here).  That’s not particularly newsworthy, but it is a reminder that it’s perfectly OK to seek review of all sorts of rulings made in the middle of an appeal or appellate writ proceeding.

Rule 8.500(a)(1) says you can ask for review “of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court.”  (Emphases added.)

Before the rule was renumbered, its unabridged Advisory Committee Comment (which is no longer easily available) explained:

Although subdivision (a) of the former rule authorized the Supreme Court to review only “decisions” of the Court of Appeal, the Advisory Committee Comment to the 1985 revision of the rule explained that under the rule “[t]he Supreme Court may review Court of Appeal interlocutory orders and orders summarily denying writs within their original jurisdiction, as well as decision[s] on the merits resolving the ultimate outcome of the cause.” Under revised rule 24(b)(2)(A) [see current rules 8.264(b)(1), 8.490(b)(1)], a summary denial of a writ petition is a “decision” of the Court of Appeal; but no rule tells litigants that for purposes of this rule an interlocutory order of the Court of Appeal — such as an order denying an application to appoint counsel, to augment the record, or to allow oral argument — is also a “decision” that may be challenged by petition for review. To make this point clear, revised subdivision (a)(1) expressly states that a party may file a petition to review interlocutory orders of the Court of Appeal. It is not a substantive change.

Of course, just because you can seek review of an interim order, doesn’t mean the Supreme Court will grant your petition.  In fact, I can’t remember offhand the last time that happened.