interlocutory


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Related to interlocutory: Interlocutory decree

Interlocutory

Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit.

Interlocutory actions are taken by courts when a Question of Law must be answered by an appellate court before a trial may proceed or to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding. Generally, courts are reluctant to make interlocutory orders unless the circumstances surrounding the case are serious and require timely action.

Interlocutory appeals are restricted by state and federal appellate courts because courts do not want piecemeal litigation. Appeals courts generally review only cases that have reached final judgment in the trial courts. When a court administrator enters final judgment, this certifies that the trial court has ended its review of the case and jurisdiction shifts to the appellate court.

Interlocutory appeals are typically permitted when the trial judge certifies to the appellate court in an interlocutory order that an important question of law is in doubt and that it will substantially affect the final result of the case. Judicial economy then dictates that the court resolve the issue rather than subject the parties to a trial that may be reversed on an appeal from a final judgment.

Appellate courts have the discretion to review interlocutory orders. The federal courts of appeal are governed by the Interlocutory Appeals Act (28 U.S.C.A. § 1292). This act grants discretion to the courts of appeal to review interlocutory orders in civil cases where the district judge states in the order that a controlling question of law is in doubt and that the immediate resolution of the issue will materially advance the ultimate termination of litigation. State appellate courts are governed by statutes and court rules of appellate procedure regarding the review of interlocutory orders.When an appellate court reviews an interlocutory order, its decision on the matters contained in the order is final. The court enters an interlocutory judgment, which makes that part of the case final. Therefore, if a case proceeds to trial after an interlocutory judgment is entered, and an appeal from the trial court judgment follows, the matters decided by the interlocutory judgment cannot be reviewed by the court again.

Interlocutory orders may be issued in a Divorce proceeding to prevent injury or irreparable harm during the pendency of the lawsuit. For example, an interlocutory order may require one spouse to pay the other spouse a designated weekly sum for support, pending a decision on Alimony and Child Support. This prevents the spouse and children from being without income during the action.

Courts may also issue interlocutory orders where property is about to be sold or forfeited and a lawsuit has been filed seeking to stop the action. In this type of case, a court will enter an interlocutory Injunction, preventing the transfer of property until it has made a final decision. To do otherwise would cause irreparable harm and would complicate legal title to the property if the person contesting the transfer ultimately prevailed.

Thus, though the courts value finality in most proceedings, interlocutory orders and appeals are available to protect important rights and to enhance judicial economy.

interlocutory

adj. provisional and not intended to by final. This usually refers to court orders which are temporary. (See: interlocutory decree)

interlocutory

adjective interim, intermedial, intervening, interventional, nonfinal, not final, provisional, provisory, temporary, tentative, transient, transitory
Associated concepts: interlocutory appeal, interlocutory costs, interlocutory decree, interlocutory injunction, interrocutory order, interlocutory rulings

interlocutory

not final, while the action is still proceeding.

INTERLOCUTORY. This word is applied to signify something which is done between the commencement and the end of a suit or action which decides some point or matter, which however is not a final decision of the matter in issue; as, interlocutory judgments, or decrees or orders. Vide Judgment, interlocutory.

References in periodicals archive ?
New issues giving rise to writs, such as whether or not victims can be heard by and through counsel during certain portions of trial, are extraordinary " and, because of this, counsel can generally predict potential interlocutory battles.
The Delaware Supreme Court's resolution of these interlocutory appeals will provide much needed clarity on the issue of whether, under an entire fairness standard of review, exculpation under 102(b)(7) can be employed to dismiss disinterested directors at the motion to dismiss stage, or whether they must await a full review of the entire fairness of the transaction, which necessitates either a trial or costly discovery and a summary judgment motion.
Accordingly, the court affirmed the ruling oldie trial court on the defendants' interlocutory appeal and remanded the case.
The three-prongs of the test are: (1) whether the order from the lower court was conclusive; (2) whether the order was inextricably intertwined with the merits of the action; and (3) whether, even if the merits were completely divorced from the issue at hand, the order would be un-appealable as an interlocutory proceeding because it could be effectively reviewed after the case had been resolved in the lower court.
Thus, an appellate court does retain some discretion to consider the issue of jurisdiction in the context of an interlocutory appeal but solely for the limited purpose of addressing the method by which subject matter jurisdiction should be determined in the Superior Court.
of California, Santa Cruz) interprets dialogue in Shakespeare's Venetian plays, The Merchant of Venice and Othello, in terms of interlocutory (dramatic play) and intralocutory (inward) meaning--viewing the former as a comedy of embarrassment and the latter as a tragedy of embarrassment.
75) Under that formulation, the distinction between the right not to stand trial and the right not to stand trial in a particular forum was warranted, he argued, because the ship owner's right to choose the forum is "not sufficiently important to overcome the policies militating against interlocutory appeals.
Just weeks after the STL issued its Interlocutory Decision, the
Regarding TV coverage, media houses could only broadcast opening arguments, any interlocutory applications during the trial, the evidence of all experts called to give evidence for the State, but excluding evidence of Pistorius and his witnesses, the report added.
That would allow an interlocutory appeal of a denial of a summary judgment motion before a case proceeds.