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Simple English definitions for legal terms
interlocutory appeal
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A quick definition of interlocutory appeal:
An interlocutory appeal is when someone appeals a decision made by a judge before the trial is over. This is very rare and only happens if the decision is really important and can't wait until the end of the trial. To be able to do this, the decision must have settled a big question, be completely separate from the main case, and not be able to be reviewed later.
A more thorough explanation:
An interlocutory appeal is when a party appeals from an order made by a court during a case, before the case has been fully resolved. This type of appeal is rare and can only be made under certain circumstances.
There are three requirements that must be met for an interlocutory appeal to be possible:
- The order must have conclusively determined the disputed question.
- The order must resolve an issue completely separate from the merits of the action.
- The order must be effectively unreviewable on appeal from a final judgment.
For example, if a judge orders that a certain piece of evidence cannot be used in a trial, and that order would have a significant impact on the outcome of the case, the party affected by the order may try to make an interlocutory appeal. However, if the order is not considered separate from the merits of the case or can be reviewed later on appeal from a final judgment, the appeal may not be allowed.
Overall, interlocutory appeals are rare and can only be made under specific circumstances. They are meant to address important issues that cannot wait until the end of a case to be resolved.