An interlocutory order is a temporary ruling or order issued by a court during the pendency of a lawsuit, addressing procedural or substantive issues before the final resolution of the case. These orders are not final judgments but can significantly impact the direction and management of a case.
Interlocutory orders can cover a wide range of decisions, including granting temporary injunctions, ordering the preservation of evidence, or deciding on the admissibility of certain pieces of evidence.
Because these orders are issued while litigation is ongoing, they are generally subject to revision by the court that issued them or review by an appellate court. The purpose of interlocutory orders is to address immediate issues that cannot wait until the end of the trial, ensuring the fair and efficient progression of the case.
Civil Procedure: Frequently involves orders related to pretrial matters, such as discovery disputes or temporary relief measures.
Family Law: This can include temporary orders regarding custody, support, or the protection of assets during divorce proceedings.
One common misconception is that interlocutory orders are final and cannot be challenged until the end of the trial.
In reality, while some interlocutory orders may be immediately appealable under certain conditions, most are subject to modification by the issuing court as the case evolves. The interim nature of these orders allows for adjustments based on subsequent developments or additional evidence presented during the litigation process.
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