Crucial Exams

Multistate Bar Examination Practice Question

A federal district court orders a corporation to produce documents that the corporation claims are protected by the attorney-client privilege. The corporation wants to take an immediate appeal from the production order. Under what circumstances may the corporation obtain appellate review before final judgment?

  • The order may be appealed immediately because it meets the collateral-order doctrine criteria.

  • The corporation may appeal at once upon showing that disclosure will cause substantial business harm.

  • The corporation can invoke pendent appellate jurisdiction to appeal the order whenever any other interlocutory appeal is filed in the case.

  • The order is not appealable as of right; immediate review is available only if the corporation is held in contempt or obtains discretionary review (for example, certification under 28 U.S.C. § 1292(b) or a writ of mandamus).

Multistate Bar Examination
Civil Procedure
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