Motion: Certification of Interlocutory Appeal: MSPB

This legal template could be used for filing a motion with a court seeking certification of an interlocutory appeal related to a case involving the Merit Systems Protection Board (MSPB). The MSPB is an independent agency responsible for adjudicating cases involving federal employees' rights, such as adverse actions, disciplinary matters, and performance-related issues.

In certain situations, a party involved in an MSPB case may wish to appeal a specific ruling or decision before the final judgment is rendered. The purpose of this motion is to request the court's permission to pursue an interlocutory appeal, which is an appeal that occurs during the ongoing proceedings rather than after the conclusion of the case.

The template would likely include the following components:
1. Caption: Identifying the court where the motion is being filed, the case name, and the individual parties involved.
2. Introduction: Briefly providing background information about the ongoing MSPB case, including the primary issue at hand and the specific ruling or decision being contested.
3. Grounds for Certification: Arguing the reasons why certification of an interlocutory appeal is warranted. This may include demonstrating that the legal issue to be appealed is a controlling question of law, the absence of an interlocutory appeal would cause significant hardship or prejudice, or that interlocutory appeal would facilitate the ultimate resolution of the case.
4. Legal Arguments: Presenting legal arguments supporting the party's position on the issue to be appealed. This may involve referencing relevant statutes, regulations, case law, or MSPB procedural rules.
5. Conclusion: Requesting the court to grant certification of the interlocutory appeal, allowing the appealing party to proceed with the appeal while the underlying MSPB case is still pending.
6. Signature and Date: Providing space for the attorney or party filing the motion to sign and date the document.

It's important to note that the specific content and format of the template may vary based on the jurisdiction and court rules in which the motion is being filed. Additionally, it is advisable to consult an attorney or legal professional familiar with MSPB cases to tailor the template to the specific circumstances of the case.