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 ?
In the worst case, the same accounting process that would have been required without an interlocutory appeal is still necessary.
In fact, the Rules contemplate allowing a party to seek interlocutory review of an ALJ discovery order that requires the production of allegedly privileged materials, while including no comparable provision for nonparty subpoenas, such as the subpoena at issue here.
Part II addresses the availability of interlocutory review of trial court decisions on class certification motions before the adoption of Rule 23(f).
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.
In a move that surprised many experts, Judge Collyer denied the request for an interlocutory appeal.
An interlocutory appeal is an appeal to a superior court of a trial court's ruling before the trial court's ruling on the entire case.
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.
section]1292(b) analysis used in determining whether there should be interlocutory review in a standard federal action.
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.
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.