Interlocutory
Encyclopedia
Interlocutory is a legal term which can refer to an order
, sentence
, decree
, or judgment, given in an intermediate stage between the commencement and termination of a cause of action
, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal.
In many American legal systems, interlocutory orders are not appeal
able, except in a few extraordinary cases. When the case is concluded, any aspect of an interlocutory order that has not become moot
may be challenged in an appeal from the final judgment. However, in other legal systems, such as in England and Wales and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general rule is that there are no interlocutory appeals, except where Parliament has expressly provided.
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
, sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
, decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
, or judgment, given in an intermediate stage between the commencement and termination of a cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal.
In many American legal systems, interlocutory orders are not appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
able, except in a few extraordinary cases. When the case is concluded, any aspect of an interlocutory order that has not become moot
Mootness
In American law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law...
may be challenged in an appeal from the final judgment. However, in other legal systems, such as in England and Wales and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general rule is that there are no interlocutory appeals, except where Parliament has expressly provided.