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Related to interlocutory: Interlocutory decree


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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


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

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


not final, while the action is still proceeding.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
A different section, 512.020, governs several other types of interlocutory appeals, including both receivership matters and the granting of a new trial that was at issue in Spiece.
The problem is that the standard of review can be vastly different on a petition for certiorari than it is for an interlocutory appeal of a non-final order.
'Most interlocutory orders should not be challengeable at all (whether by way of appeal or revision).
The appellate court said they were in agreement with KQ that short of the parties being heard and short of KQ's response to the motion, there was no way the court could have reached the conclusion that there were special circumstances that warranted the issuance of the order at the 'interlocutory stage'.
On October 3, 2016, the Ministry of Water Resources filed an Interlocutory Application in the Supreme Court seeking modification of its September 30, 2016, order to constitute Cauvery Management Board by October 4, 2016.
Importantly, the district court certified the two central issues in the settlement motion for interlocutory appeal, explaining that "the Court will certify its ruling on the two questions addressed in this order, to wit: (1) the government's right to reject a settlement in a qui tam action to which it has not intervened; and (2) the Plaintiff--Relators' use of statistical sampling to prove liability and damages, for interlocutory appeal, pursuant to 28 U.S.C.
After the court denied the government's motion to dismiss for a lack of standing, the Justice Department requested an interlocutory appeal.
While the wildlife board faces flak from conservationists for allowing projects in the Protected Areas, the ministry has sought exemption from the approvals of the Supreme Court, in an Interlocutory Application filed recently.
This development has introduced a new class of practitioners looking to do all they can for their clients at trial, including seeking interlocutory relief.
26, 2014), the Court of Chancery certified for interlocutory appeal its decision to deny a motion to dismiss disinterested director defendants when the company has a Section 102(b)(7) provision exculpating such directors from liability.
He also asked for an interlocutory injunction restraining the defendants from obstructing, disturbing, stopping or preventing him from in any manner whatsoever from performing the functions of his office as the Governor of the CBN and enjoying, in full, the statutory powers and privileges attached to the office.
As a general rule, discovery orders are interlocutory orders that are not immediately appealable.