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Interlocutory Appeal

What Is an Interlocutory Appeal?

An interlocutory appeal is a legal procedure that allows a party to challenge a trial court's decision on a specific issue before the trial has concluded and a final judgment has been rendered.

Unlike typical appeals, which occur after a final judgment, interlocutory appeals address preliminary or procedural matters that could significantly affect the outcome of the case.

Interlocutory Appeal Explained

Interlocutory appeals are usually limited to questions of law rather than factual disputes and require the appellate court's permission to proceed, as they interrupt the normal flow of litigation.

The rationale behind allowing interlocutory appeals is to prevent irreparable harm that could result from waiting until the end of the trial to address critical legal errors. However, because they can delay the resolution of a case, courts generally apply strict criteria when deciding whether to grant permission for an interlocutory appeal.

For example, if a trial court denies a motion to dismiss a case based on the argument that it lacks jurisdiction, the defendant may seek an interlocutory appeal on this decision, arguing that continuing with the trial would be unnecessary and wasteful if the court indeed lacks jurisdiction.

The Term Interlocutory Appeal in Different Legal Contexts

Civil Litigation: In civil cases, interlocutory appeals can address rulings on motions to dismiss, summary judgments, and other procedural orders that might not conclude the case but have a substantial effect on its direction.

Criminal Law: In criminal cases, interlocutory appeals might be used to review decisions on the admissibility of evidence, bail determinations, or double jeopardy claims before the trial concludes.

Family Law: Interlocutory appeals in family law can involve temporary custody or support orders that require immediate review due to their significant impact on the parties involved.

Common Misconceptions About the Meaning of Interlocutory Appeal

A common misconception is that parties can use interlocutory appeals to contest any trial court decision they disagree with before the trial is over. In reality, interlocutory appeals are limited to significant legal issues, and not every decision qualifies for such an appeal.

Another misunderstanding is that an interlocutory appeal pauses the trial proceedings until the appeal is resolved; while this can happen, it is not automatic, and the trial court may continue with the case depending on the nature of the appealed issue and the jurisdiction's rules.

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What Is an Interlocutory Appeal?

Interlocutory Appeal Explained

The Term Interlocutory Appeal in Different Legal Contexts

Common Misconceptions About the Meaning of Interlocutory Appeal

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