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1. To whom is the appeal made?


  • 10th Circuit

    To the United States Court of Appeals for the Tenth Circuit.

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  • 1st Circuit

    In a civil case generally and in accordance with Fed. R. App. P. 4(a)(1)(A), notices of appeal must be filed with the district court clerk 30 days after the judgment or order appealed from is entered.  Fed. R. App. P. 3(a)(1).  When the United States or its officer or agency is a party, the notice of appeal may be filed by any party within 60 days after the judgment or order appealed from is entered. Fed. R. App. P. 3(a)(2).  In a criminal case, a defendant’s notice of appeal must be filed within 14 days after the later of the entry of judgment or the order being appealed or the filing of the government’s appeal.  Fed. R. App. P. 4(b)(1)(A).

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  • 2nd Circuit

    The United States Court of Appeals accepts appeals from the federal district courts in the circuit. In the event that a magistrate levies a contempt citation, it is necessary to appeal to the district court. Falise v. American Tobacco Co., 2000 WL 264332, at *1 (E.D.N.Y. 2000).

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  • 3rd Circuit

    In certain circumstances, where an initial ruling is made by a magistrate judge, the losing party has a right to file an objection with the district court judge and, in other circumstances, the losing party may have a right to take an appeal to either the district court judge or directly to the Court of Appeals. The applicable rules should be consulted with an eye toward the facts of the particular case. Where a decision is rendered by a district court judge, appeal lies in the Court of Appeals.

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  • 5th Circuit

    In the federal system, assuming the jurisdictional prerequisites for taking an appeal are met (that is, the order or judgment is final or another statutory grant of appellate jurisdiction exists), an appeal from an order or judgment of a district court in Texas, Louisiana, or Mississippi is made directly to the Fifth Circuit. A dispositive order of a federal magistrate judge is first challenged before the assigned district court, which will review the order de novo. Fed. R. Civ. P. 72(b). If a matter was tried before a magistrate judge with consent of the parties, appeal of a judgment is directly to the court of appeals. Fed. R. Civ. P. 73(c); 28 U.S.C. § 636(c)(3).

    Also, depending on the circumstances of the case, a reporter may be entitled to seek a writ of mandamus or habeas corpus from a court of superior jurisdiction. See, e.g., Lenhart v. Thomas, 944 F. Supp. 525 (S.D. Tex. 1996) (granting writ of habeas corpus following state court's order holding reporter in criminal contempt); Cinel v. Connick, 792 F. Supp. 492 (E.D. La. 1992) (recognizing All-Writs Act and "in aid of" exception to Anti-Injunction Act entitled court to stay state criminal court's order requiring media to surrender information related to both federal civil and state criminal court cases); Campbell v. Klevenhagen, 760 F. Supp. 1206 (S.D. Tex. 1991) (granting writ of habeas corpus following state criminal court's order holding two reporters in contempt); Karem v. Priest, 744 F. Supp. 136 (W.D. Tex. 1990) (hearing writ of habeas corpus petition from state criminal court's order holding reporter in civil contempt, but denying writ). A party seeking the protection of the qualified privilege should therefore consider whether the posture and circumstances of the case merit taking such action.

    In cases brought on writ of habeas corpus from one of the state court systems within the Fifth Circuit, the petitioner must generally first exhaust any rights of appeal or mandamus at the state court level. 28 U.S.C. § 2254(b)(1)(A). Following exhaustion of state remedies, the writ may be brought in federal court. Id. § 2254(a). Appeal may be taken from a federal district court to the court of appeals for the circuit in which the proceeding is held according to the guidelines established in 28 U.S.C. § 2253.

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  • 6th Circuit

    When a subpoena is levied by a magistrate judge the reporter, within 10 days after being served with a copy of the magistrate judge's order, may file and serve objections to the order. Fed. R. Civ. P. 72(a). The district judge to whom the case is assigned will then consider the objections and respond to any portion of the magistrate judge's order that is clearly erroneous or contrary to the law. Id. An appeal from a judgment by a magistrate judge in a civil case is addressed in the same way as an appeal from any other district court judgment. Fed. R. App. P. 3. When parties consent to trial before a magistrate judge, appeal lies directly, and as a matter of right, to the court of appeals. Id.

    Generally, in a civil case after the judgment or order is entered at the district court level a notice of appeal must be filed with the district clerk no more than 30 days later. Fed. R. Civ. P. 4(1)(A). At the time of filing in a criminal case, where the reporter is the defendant, the notice of appeal must be filed in the district court within 10 days after the entry of the judgment or order being appealed, or the filing of the government's notice of appeal. Id.

    Pursuant to Fed. R. App. P. 3, at the time of filing a notice of appeal the appellant must furnish the clerk with enough copies of the notice to enable the clerk to serve notice to all parties required by the statute. An appellant's failure to make a timely notice of appeal does not affect the validity of the appeal, but is grounds for the circuit court to dismiss the appeal. Fed. R. App. P. 3.

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  • 7th Circuit

    Generally speaking, it appears that the invocation of the reporter's privilege and the legal proceedings arising from the invocation of this qualified privilege begin in the federal district court. See e.g. U.S. v. Jennings, No. 97 CR 765, 1999 WL 438984 (N.D. Ill. June 21, 1999); Warnell v. Ford Motor Co., 183 F.R.D. 624 (N.D. Ill. 1998); Builders Assoc. of Greater Chicago v. County of Cook, No. 96 C 1121, 1998 WL 111702 (N.D. Ill. Mar. 12, 1998); Neal v. City of Harvey, Ill., 173 F.R.D. 231 (N.D. Ill. 1997). Once the district court has rendered a final judgment the parties may appeal to United States Court of Appeals for the Seventh Circuit under 28 U.S.C. §1291.

    If the parties have consented to a determination of a case on the merits by a magistrate, this decision may be reviewed directly by the court of appeals via 28 U.S.C. §636(c)(3). The parties may also agree that the magistrate's decision be reviewed by the district court. In this event, review by the court of appeals is only on a petition for leave to appeal. See 28 U.S.C. §636(3)-(5).

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  • 8th Circuit

    Appeals from district court rulings are made to the Eighth Circuit Court of Appeals.

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  • 9th Circuit

    A circuit court of appeals has appellate jurisdiction over cases from district courts within its geographical area. Rutter 2:29. The Ninth Circuit is the federal court of review for Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington, as well as Guam and the Northern Mariana Islands. Rutter 1:17. The court of appeals’ decision is subject to further challenge by a petition for rehearing or rehearing en banc, or by petition for writ of certiorari to the U.S. Supreme Court. Rutter 1:10.

    Once a contempt citation is levied by a district court, a final judgment has been made and the reporter can appeal directly to the Ninth Circuit Court of Appeals. Rutter 2:404, 2:405; see also, e.g.In re Grand Jury Proceedings (Scarce v. United States), 5 F.3d 397 (9th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); In re Lewis, 517 F.2d 236 (9th Cir. 1975); Bursey v. United States, 466 F.2d 1059 (9th Cir. 1972), superseded on other grounds by statute, as recognized in In re Grand Jury Proceedings (Doe v. United States), 863 F.2d 667 (9th Cir. 1988). When the appellate process is completed, the lower court’s jurisdiction is restored. Rutter 1:11. The case then returns to the district court and the court of appeals’ decision governs any subsequent proceedings. Id.

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  • Alabama

    Except in cases where a direct appeal to the Courts of Civil or Criminal Appeals is provided by law or rule, the circuit court generally has appellate jurisdiction over civil, criminal, and juvenile cases in the district court and over prosecutions for ordinance violations in municipal court. Ala. Code § 12-11-30 (3). With respect to decisions of administrative agencies, boards, and commissions, the applicable statutes typically require a party to appeal to the circuit court before appealing to the Court of Civil Appeals.

    The Alabama Court of Civil Appeals and Court of Criminal Appeals have original jurisdiction over the issuance and determination of writs of mandamus concerning matters over which the court has appellate jurisdiction. Ala. Code § 12-3-11. The Court of Civil Appeals has appellate jurisdiction over all civil cases where the amount involved does not exceed $50,000. Ala. Code § 12-3-10. The Court of Criminal Appeals has appellate jurisdiction over all misdemeanors, including violation of town and city ordinances, habeas corpus, and all felonies, including all post conviction writs in criminal cases. Ala. Code § 12-3-9.

    The Supreme Court of Alabama has general appellate jurisdiction over all of the courts of the State of Alabama. Ala. Code § 12-2-7. The Supreme Court has original jurisdiction in the issue and determination of writs of mandamus for matters over which no other court has jurisdiction. Ala. Code § 12-2-7 (2).

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  • Alaska

    Alaska appellate courts have not had occasion to squarely address the existence or scope of a reporter's privilege, or matters pertaining thereto such as appropriate procedures for appeals. Various trial courts have recognized and applied the qualified constitutional privilege in a number of cases, and in none of these has testimony or production of documents been compelled. The shield law provides, in AS 09.25.330, that an order of the superior court entered under AS 09.25.300 - 09.25.390 shall be subject to review by the supreme court, by appeal or by certiorari, as the rules of that court may provide. This law was enacted when the supreme court was the state's only appellate court. It may well provide a basis for a press appeal directly to the supreme court, even though there is now an intermediate court of appeals for criminal cases only. In practice, in the isolated case where a subpoena has been quashed by the trial court in a criminal case, the issue has been raised as part of a post-trial appeal to the court of appeals, as one of the points on appeal filed by the convicted defendant, rather than through direct resort to the supreme court. The court of appeals has not addressed the effect, if any, of the shield law's language on its jurisdiction over this matter. AS 09.25.320 provides that if a reporter should refuse to divulge the source of information in a hearing before a court other than the supreme or a superior court, or before a court appointee, in the course of a legislative hearing, before an agency or representative of an agency of the state, borough, city or other municipal corporation, or other body, or before any other forum of the state, the party seeking divestiture of the privilege should apply for an order to this effect from the superior court.

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  • Arizona

    For orders granted by a superior court, a special action should be filed in the intermediate appellate court for the division in which the superior court is located. R.P.S.A. 4(b).

    In rare cases, the special action may be filed directly in the Arizona Supreme Court. The Court generally will not exercise jurisdiction over such special actions absent "extremely unusual circumstances," 1 Arizona Appellate Handbook § 7.3.1, at 7-18, such as where the issues raised are "of sufficient and extraordinary importance to justify the review requested." Jolly v. Superior Court of Pinal County (Southern Pacific Transportation Co.), 112 Ariz. 186, 188, 540 P.2d 658, 660 (1975). See KPNX Broadcasting Co. v. Superior Court, 139 Ariz. 246, 678 P.2d 431 (1984) (accepting petition for special action where the trial court had imposed an unconstitutional prior restraint on the broadcast of courtroom sketches in a criminal trial of widespread public interest).

    Final orders and judgments granted by municipal or justice of the peace courts are generally appealable to the Arizona Superior Court, which serves as the appellate court for these tribunals. See A.R.S. § 22-261. Presumably, discretionary interlocutory appeals in the form of special actions may be filed in the superior court from orders rendered by municipal or justice of the peace courts. See R.P.S.A. 4(a) (special actions may be brought in superior court); R.P.S.A. 7(a) (special actions may be brought "in any appellate court").

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  • Arkansas

    Ark. R. App. P. Civ. 2(f) states that when the defense to production of information is any privilege recognized by Arkansas law the Supreme Court may, in its discretion, permit an appeal. Most appeals involving media parties are heard by the Supreme Court because they involve issues under the Arkansas Constitution. Media cases can also reach the Supreme Court by petitions for extraordinary writs, which must be filed in the Supreme Court. See Ark. Sup. Ct. R. 1-2; Ark. const. art 7, § 4.

    In November 2000, Arkansas voters approved Amendment 80 to the Arkansas Constitution, which revised the judicial article. One significant change in the amendment was the abolition of separate courts of law and equity. Under Amendment 80, circuit courts are the basic trial courts of original jurisdiction. Matters decided in the circuit courts are appealable as a matter of right to either the Court of Appeals or the Supreme Court, pursuant to Rule 1-2. District courts are inferior trial courts with limited jurisdiction. Cases heard by district courts are appealable by right to the circuit courts for a trial de novo.

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  • California

    An appeal or petition for extraordinary relief from a superior court proceeding, other than a limited civil proceeding, should be made to the appropriate district of the California Court of Appeal. See Cal. Code Civ. Proc. §§ 904.1, 1085, 1103. An appeal or petition for extraordinary relief from a limited civil proceeding or a municipal court order should be made to the appellate division of the superior court. See Cal. Code Civ. Proc. §§ 904.2, 1085, 1103; Cal. Rule Ct. 8.490. An appeal is initiated by filing a “Notice of Appeal” with the court that entered the order being appealed – generally the Superior Court. See Cal. Rule Ct. 8.100. However, a petition for extraordinary relief should be filed directly with the court from which relief is sought – generally the Court of Appeal. See Cal. Code Civ. Proc. § 1107.

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  • Colorado

    Decisions made by courts of limited jurisdiction in Colorado are appealed to courts of general jurisdiction. As such, decisions by municipal courts of record and county courts must be filed with the district court in the district in which the municipal or county court is located. C.R.S. § 13-6-110, 111, 116-125. The district court on de novo review, may affirm, reverse, remand or modify the judgment. C.R.S. § 13-6-110. The notice of appeal must be filed within 15 days for entry of judgment. Colo. R. Civ. P. 441(a).

    Administrative decisions may be reviewed either by the district court or the appellate court, depending on the agency action to be reviewed. In general, judicial review of agency action is guided by C.R.S. § 4-4-106. In appealing an agency decision to the district court, an appellant has 30 days of the effective date of the agency action to file a notice of appeal. C.R.S. § 24-4-106(4). For an appeal to the appellate court, the appellant must file a notice of appeal within 45 days of the effective date of the agency action. C.R.S. § 24-4-106(11). An appellant may also seek relief under Colo. R. Civ. P. 106 for certain actions of city and county agencies. For Shield Law purposes, Rule 106 has been used to challenge a county court's citation for contempt. Jordan v. County Court In and For City and County of Denver, 722 P.2d 450 (Colo. App. 1986). Once a final order is entered in a Rule 106 proceeding, it can be appealed like any other final district court judgment. Milburn v. El Paso County Court, 859 P.2d 909 (Colo. App. 1993).

    Under Colorado Appellate Rules, a final judgment of a district court may be appealed. C.A.R.1. The appellant has 45 days from entry of the judgment to file a notice of appeal. C.A.R. 4. Extensions of time "not to exceed thirty days" may be granted at the discretion of the appellate court upon showing "excusable neglect." Id.; Collins v. Boulder Urban Renewal Authority, 684 P.2d 952 (Colo. App. 1984).

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  • Connecticut

    Appeals are made to the Appellate Court from the decisions of the Superior Court.

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  • D.C. Circuit

    An order from the U.S. District Court for the District of Columbia must generally be appealed to the U.S. Court of Appeals for the District of Columbia Circuit.  If the decision is issued by a magistrate judge, any party may file written objections in the district court within 14 days of being served with the order.  D.D.C. LCvR 72.2(b).  Such objections must specifically designate the order or parts thereof to which objection is made and state the basis for the objection.  Id.

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  • Delaware

    Appeals are made to the appropriate appellate court.

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  • District of Columbia

    The D.C. Court of Appeals has jurisdiction over “all final orders and judgments of the Superior Court,” as well as certain categories of interlocutory Superior Court orders and decisions of D.C. administrative agencies issued in “contested cases.”  D.C. Code §§ 2-510, 11-721, 11-722.

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  • Florida

    An order from a county court judge must be appealed to the circuit court. An order from the circuit court must be appealed to the district court of appeal. See Fla. R. App. P. 9.030.

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  • Georgia

    Georgia has two levels of appellate courts. The Georgia Court of Appeals is the intermediate appellate court, and the Supreme Court is Georgia's highest court.

    Whether the Supreme Court or the Court of Appeals is the proper court to hear a direct appeal from an order denying protection under the reporter's privilege “depends on the nature of the underlying action.” Seee.g.In re Paul, 270 Ga. 680, 683 n.10, 513 S.E. 2d 219, 222 n.10 (1999).

    For appeals from Municipal Courts, Magistrate Courts and Probate Courts, which have very limited jurisdictions, appeals are first to Georgia's primary trial court, termed the Superior Court.

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  • Hawaii

    The Intermediate Court of Appeals has jurisdiction over all appeals from the circuit courts. HRS § 602-57. A party to the appeal may apply for a transfer of the appeal to the Supreme Court. HRS § 607-58; HRAP 40.2. A party may also seek Supreme Court review of a decision of the Intermediate Court of Appeals by filing an application for writ of certiorari with the Supreme Court. HRS § 607-59; HRAP 40.1.

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  • Idaho

    Appeals from rulings of a magistrate judge are made to the next trial court level, the district court. Appeals from the district court are made to the Idaho Supreme Court. The Idaho Supreme Court has the option of assigning the appeal to the Idaho Court of Appeals. Decisions of the Idaho Court of Appeals may be submitted to the Idaho Supreme Court for further appellate review, but such appeals are only accepted in the discretion of the Idaho Supreme Court. If the contempt order is challenged through a Writ of Review, then the petition seeking the writ is filed directly with the Idaho Supreme Court, under that court's original jurisdiction.

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  • Illinois

    Illinois Supreme Court Rule 301 states that “[e]very final judgment of a circuit court in a civil case is appealable as of right” and “initiated by filing a notice of appeal.” Ill. Sup. Ct. R. 301. The rule also goes on to state that “[n]o other step is jurisdictional.” Id. Illinois Supreme Court Rule 306 governs appeals from orders of the circuit court by petition for leave to appeal to the Appellate Court. Leave to appeal from the Appellate Court to the Illinois Supreme Court is governed by Illinois Supreme Court Rule 315.

    An appeal from a municipal, public, governmental, or quasi-municipal corporation, or by a public officer proceeds to the trial court, reviewing court, or reviewing judge pursuant to Illinois Supreme Court Rule 305(h).

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  • Indiana

    The media party must request certification of the discretionary interlocutory order from the trial court. Then, the media must request that the appeals court take jurisdiction over the appeal. Ind. R. App. P. 14(B).

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  • Iowa

    Appeals from final decisions of district courts may be made as a matter of right to the Iowa Supreme Court. The Iowa Supreme Court may refer the case to the Iowa Court of Appeals for appellate review or retain jurisdiction over the appeal. If a case is referred to the Iowa Court of Appeals, the Supreme Court may choose to review it on an application for further review.

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  • Kansas

    Appeals from municipal courts are made to district courts, where the proceedings are de novo. Appeals from an adverse decision in a district court are pursued in the Kansas Court of Appeals and/or the Kansas Supreme Court. Many constitutional issues are resolved in the Kansas Supreme Court in the first instance.

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  • Kentucky

    There are four levels of courts in Kentucky. The district courts comprise the first level, the circuit courts the second, the courts of appeals the third and the Supreme Court the fourth. Appeals proceed from one level to the next, so that generally the next highest court accepts appeals from the court immediately beneath. Ky. R. Civ. P. 73.01. Rule 74.02, however, provides that if an appeal is from a circuit court, any party may file a motion for transfer to the Supreme Court. Such motion, however, will generally be granted only upon a showing that the case is "of great and immediate public importance." Ky. R. Civ. P. 74.02. This rule appears to apply only to appeals, not applications for a writ of prohibition.

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  • Louisiana

    "An appeal is taken by obtaining an order, within the delay allowed, from the court which rendered the judgment." La. Code Civ. Proc. art. 2121. "An order of appeal may be granted on oral motion in open court, on written motion or on petition. The order should show the return day of the appeal in the appellate court." Id. There are five intermediate courts of appeal in Louisiana; each district court is assigned to one of these five circuit courts of appeal.

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  • Maine

    All appeals in Maine are heard by a single appellate court, the Maine Supreme Judicial Court sitting as the Law Court.

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  • Maryland

    There is a right to appeal to the Maryland Court of Special Appeals and a privilege to seek, by certiorari, a hearing before the Maryland Court of Appeals.

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  • Massachusetts

    Under Massachusetts Rules of Criminal Procedure 43 and 44, a person adjudged in criminal contempt may only apply to the Massachusetts Appeals Court for relief. Mass. R. Civ. P. 43(c).

    Massachusetts procedure allows litigants to appeal directly to the Supreme Judicial Court in some cases. See Mass. Gen. L. ch. 211A § 10.

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  • Michigan

    Appeals from district courts go to circuit court. See MCR 7.100 et seq. (setting forth rules for appeals to circuit courts). Appeals from circuit courts go to the court of appeals. See MCR 7.200 et seq. (setting forth rules for appeals to the court of appeals). Appeals from the court of appeals go by leave only to the Michigan Supreme Court. See MCR 7.300 et seq. (setting forth rules for appeals to the Michigan Supreme Court).

    Most subpoenas are issued from the circuit court, requiring appeals to be taken to the court of appeals. See  Michigan’s Court System, Michigan Courts, However, if the subpoena is in the district court (under $25,000 in question), then the initial appeal must go to the circuit court for the county in which the district court is located. See MCL 600.8301 (explaining district court jurisdiction).

    All appeals of subpoenas are interlocutory, which means the first step is to seek leave to appeal by application to the court. See MCR 7.105 (setting forth rules for leave to appeal).

    Lastly, there is a procedure to bypass intermediate courts and go directly to the Michigan Supreme Court. MCR 7.305(C)(1). Use of this procedure is a judgment call. It is time consuming and there is no guarantee that the Supreme Court will take the appeal. However, it is an available avenue if the case is clearly headed to the Supreme Court.

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  • Minnesota

    Appeals from Minnesota state district court decisions involving the Minnesota shield law are made to the Minnesota Court of Appeals. Minn. Stat. § 595.024 subd. 3; Minn. Stat. § 595.025 subd. 3. Further review is discretionary in the Minnesota Supreme Court.

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  • Mississippi

    Under Miss. R. App. 5(a), the appeal is to be made by filing a petition for permission to appeal with the clerk of the Mississippi Supreme Court.

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  • Missouri

    The initial appeal from the circuit court order goes to the Missouri Court of Appeals for the district in which the circuit court sits.  The party unsatisfied by the ruling by the Court of Appeals may then seek review through the filing of a writ before the Missouri Supreme Court.

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  • Montana

    Appeals from courts of limited jurisdiction, e.g. justice or municipal courts, or from administrative agencies, are to district court. All appeals from district courts must be to the Montana Supreme Court.

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  • Nebraska

    Appeals from orders entered by a county court (the lowest trial level court) are to the district court (a superior trial level court). Appeals from orders entered by a district court are to the Court of Appeals. Review of decisions by the Court of Appeals may be sought in the Nebraska Supreme Court, but such review is discretionary and not regularly exercised. Where a motion to quash or for protective order is denied, the mode of review is by mandamus, which must be filed as an original action in the Supreme Court.

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  • Nevada

    Appeals from municipal court or justice court are made to district court. Objections to an order from the discovery commissioner may be made to the district court. Appeals from district court decisions are made to the Nevada Supreme Court.  Nevada has an intermediate appellate court, the Nevada Court of Appeals, but appeals are not taken directly to the Court of Appeals.  The Nevada Supreme Court determines whether it will retain matters or whether it will assign review to the Nevada Court of Appeals. In most circumstances involving the news shield statute, however, writ relief will be required from the Nevada Supreme Court as the requirements for an appeal would not yet be met.

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  • New Hampshire

    In New Hampshire, all appeals from the trial court are to the New Hampshire Supreme Court.

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  • New Jersey

    Appeals from the municipal court are made to the Assignment Judge of the Superior Court, appeals from the Superior Court are made to the Appellate Division and then to the New Jersey Supreme Court. A notice of appeal is forwarded to the court or, if an emergent appeal from the Superior Court or Appellate Division is necessary, to the respective Appellate Judge or Supreme Court Justice assigned to hear emergent matters at that time.

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  • New Mexico

    Most appeals from the district court – not including those involving “a sentence of death or life imprisonment” or the grant of a writ of habeas corpus – are taken to the court of appeals. See Rule 12-102 NMRA. But the reporter’s-privilege statute specifies an appeal to the supreme court “if the appeal is docketed in that court within ten days after its entry.” NMSA 1978, § 38-6-7(C) (1973). Lingering questions about the statute’s constitutionality probably necessitate alternative appeals to both courts. See supra pt. VIII(A)(1).

    Appeals from the metropolitan court or the magistrate court are taken to the district court. See Rule 1-072(A) NMRA; Rule 1-073(A) NMRA.

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  • New York

    For the most part, reporter’s privilege issues arise in proceedings before supreme courts of New York, in which case the appeal goes to the appellate division of the department in which the judgment or order was entered (e.g., an order entered in the Supreme Court, New York County would be appealed to the Appellate Division, First Department). The notice of appeal itself should be filed with the court of original instance. See CPLR § 5515(1).

    As set forth above, New York’s Court of Appeals has held that non-parties in ongoing criminal cases have no direct right to appeal the denial of a motion to quash a subpoena. People v. Juarez, 31 N.Y.3d 1186, 1190-91 (N.Y. 2018) (finding that CPL article 450 does not authorize a nonparty’s appeal under these circumstances). However, the court acknowledged that it was not deciding whether an appeal may be brought by commencing a proceeding under CPLR article 78 (which is used for challenging administrative actions by a body or officer in New York State), suggesting it may be possible to do so.  Id. at n.5.

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  • North Carolina

    Any party who is entitled by law to appeal a judgment or order of a superior or district court in North Carolina may appeal that order by filing notice with the clerk of superior court and serving notice on the other parties. N.C. App. R. 3(a) & (c). Appeal from an order of superior or district court lies with the Court of Appeals. An appellant may seek to bypass the Court of Appeals and go straight to the Supreme Court by filing a Petition for Discretionary Review with the Supreme Court. See N.C. App. R. 15; N.C. Gen. Stat. § 7A-31. Such a petition must be filed within 15 days of the appeal being docketed in the Court of Appeals. N.C. App. R. 15(b).

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  • North Dakota

    Appeals are made to the North Dakota Supreme Court under a supervisory writ which falls within the original jurisdiction of the Court.

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  • Ohio

    The appeal is made to the appropriate district court of appeal. Ohio has 12 appellate districts.

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  • Oklahoma

    All applications for an extraordinary writ are filed with the Oklahoma Supreme Court.

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  • Oregon

    From an Oregon trial court, or an administrative hearing, the Oregon Court of Appeals accepts appeals pursuant to ORS Chapter 19 and the Oregon Rules of Appellate Procedure.  The Supreme Court has jurisdiction over mandamus proceedings.  See ORS Chapter 34.  As discussed above in “Timing,” the proper route for an appeal may depend upon the circumstances of the order being appealed from – i.e., review from an order granting a motion to quash on the basis of the shield law is likely to follow the standard appellate path through the Court of Appeals after a final judgment, whereas review from an order granting a motion to compel and ordering the production of the privileged material may need to be reviewed through mandamus, or through any subsequent contempt proceedings should the party not disclose the information.

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  • Pennsylvania

    Appeals from the courts of common pleas – including appeals from rulings compelling a reporter to comply with a subpoena notwithstanding privilege objections – are generally taken to the Superior Court, although certain matters must be appealed to the Commonwealth Court or the Supreme Court, as provided by statute. See, e.g., 42 Pa. Cons. Stat. §§ 722, 742, 762. Appeals from the Superior Court and the Commonwealth Court are taken to the Supreme Court. See, e.g., 42 Pa. Cons. Stat. §§ 723, 724. Appeals from rulings by state governmental agencies typically are taken to the Commonwealth Court, although there are agencies whose decisions are appealed directly to the Supreme Court. See, e.g., 42 Pa. Cons. Stat. §§ 725, 763. Appeals relating to grand juries are taken to the Supreme Court. Pa. R. App. P. 3331.

    Appeals to the Pennsylvania Supreme Court are generally by allowance only. Pa. R. App. P. 1111 et seq. In exceptional circumstances, the Supreme Court can exercise extraordinary jurisdiction over a matter using its “King’s Bench” powers “in order to conserve judicial resources . . . and provide guidance to the lower courts on a question that is likely to recur.” Commonwealth v. Martorano, 634 A.2d 1063, 1067 n.6 (Pa. 1993) (citing Commonwealth v. Lang, 537 A.2d 1361 (Pa. 1988)); see also 42 Pa. Cons. Stat. § 502; 42 Pa. Cons. Stat. § 726 (“Supreme Court may, on its own motion or upon petition of any party, in any matter . . . involving an issue of immediate public importance, assume plenary jurisdiction of such matter at any stage thereof . . . .”); Pa. R. App. P. 3309 (addressing applications for extraordinary relief). The courts of appeals also maintain the power to issue writs of prohibition or mandamus where a lower court wrongly exercises or refuses to exercise its discretion within the limits of the law. 42 Pa. Cons. Stat. §§ 721, 741, 761.

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  • Rhode Island

    An appeal of a Superior Court decision is made directly to the Rhode Island Supreme Court.

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  • South Carolina

    Appeals from magistrate courts must be taken to circuit court. Appeals from administrative tribunals must be taken to circuit court. Appeals from circuit court go to the South Carolina Court of Appeals unless a constitutional issue is involved. In the instance of a constitutional question, the appeal may be to the Supreme Court of South Carolina.

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  • South Dakota

    Circuit Court decisions are appealed directly to the South Dakota Supreme Court.

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  • Tennessee

    The appeal is made to the court of appeals that would normally hear an appeal from the trial court in which the action is pending – either the Tennessee Court of Appeals for civil cases, or the Tennessee Court of Criminal Appeals for criminal cases. In addition, the shield law provides: "Any order of the court of appeals may be appealed to the supreme court of Tennessee as provided by law." Tenn. Code Ann. § 24-1-208(c)(3)(C). Most appeals to the Tennessee Supreme Court are discretionary, and must be granted on application to that court.

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  • Texas

    A petition for extraordinary relief, such as a writ of mandamus or habeas corpus, is governed by Texas Rule of Civil Procedure 52 and is commenced by filing a petition with the clerk in the appropriate appellate court. Tex. R. App. P. 52. The appropriate appellate court will be the one with jurisdiction over the underlying trial court that issued the order of contempt or denying the motion to quash.

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  • Utah

    There is no statutory or case law addressing this issue with regard to the reporter's privilege. Generally, the Utah Supreme Court has jurisdiction over all cases except those over which the Utah Court of Appeals has original jurisdiction, and cases may be transferred between these two courts subject to Utah law. See Utah Code Ann. §§ 78A-3-102 and 78A-4-103.

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  • Vermont

    All appeals in Vermont are made to the Vermont Supreme Court.

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  • Virginia

    The circuit court hears appeals from the district court. Based upon the nature of the action, appeals from a final judgment of a circuit court may be made to the Court of Appeals or directly to the Supreme Court. Virginia Code §§ 8.01-670, 672. The appellate jurisdiction of the Court of Appeals includes all criminal cases not involving imposition of the death penalty. Virginia Code § 17.1-406. In most civil cases, appeals must go directly to the Supreme Court of Virginia.

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  • Washington

    Washington has three courts of appeal: Division I sits in Seattle, Division II in Tacoma, and Division III in Spokane. The appropriate appellate court is determined based upon the county in which the matter arose. RAP 4.1. In addition, the State Supreme Court may entertain direct review in certain cases. RAP 4.2.

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  • West Virginia

    Appeals are made from the circuit court level directly to the state Supreme Court. There is no intermediate court of appeals in West Virginia. Although it is unlikely that a subpoena would be issued to a reporter in a Magistrate Court proceeding in West Virginia, appeals from Magistrate Court go first to the Circuit Court and then to the state Supreme Court, with the Circuit Court acting as an intermediate appellate court.

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  • Wisconsin

    Generally, an appeal should be initiated by filing a notice of appeal and filing fee with the clerk of the trial court in which the judgment or order appealed from was entered. See Wis. Stat. § 809.10. The notice must specify which judgment or order is being appealed, and a copy must be served on the court of appeals, along with a docketing statement. Id.

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  • Wyoming

    Appeals of denials of motions to quash by municipal or county courts may be appealed to the state district court. Such denials by district courts are appealed to the Wyoming Supreme Court.

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