Rule 13.02 When Interlocutory Review May Be Granted

A writ of review may be granted by the reviewing court to review an interlocutory order of a trial court in a civil or criminal action, or from an interlocutory order of an administrative agency, which is not otherwise appealable under these rules, but which involves a controlling question of law as to which there are substantial bases for difference of opinion and in which an immediate appeal from the order may materially advance resolution of the litigation. Suppression of evidence. — Review of district court’s decision to suppress admissions of accused was appropriate where it presented issues of constitutional magnitude, the evidence was important to the prosecution because of the limited amount of evidence, and whether the court erred concerning the state’s burden of proof presented a significant question. State v. Evans, 944 P.2d 1120, 1997 Wyo. LEXIS 115 (Wyo. 1997). Joinder. — Where a joinder issue had not been addressed by the Wyoming Supreme Court previously, it was not error to allow review by writ; the fact that a district court’s decision on the matter was discretionary did not bar review either. Grove v. Pfister, 2005 WY 51, 110 P.3d 275, 2005 Wyo. LEXIS 57 (Wyo. 2005). Review granted upon conversion of notice of appeal. — Even though an order granting partial summary judgment did not have the required certification under W.R.C.P. 54(b), an appellate court still could review the case by converting the notice of appeal into a writ of review under W.R.A.P. 13.02. Stewart Title Guar. Co. v. Tilden, 2005 WY 53, 110 P.3d 865, 2005 Wyo. LEXIS 58 (Wyo. 2005).