Legal Definitions - interlocutory application

An interlocutory application is a formal request made to a court by one of the parties involved in a lawsuit, asking for a specific order or ruling before the trial has concluded and a final judgment has been issued. These applications typically address procedural issues, temporary relief, or other matters that need to be resolved to allow the case to proceed fairly and efficiently. They are distinct from the main arguments of the case, which are decided at trial.

• Example 1: Discovery Dispute

  Imagine a business is suing a former partner for breach of contract. During the "discovery" phase, where both sides exchange information and evidence, the former partner refuses to provide access to certain financial records, claiming they are irrelevant. The business believes these records are crucial to its case.

  The business would file an interlocutory application asking the court to compel the former partner to produce those financial records. This is an interlocutory application because it's a request made *during* the ongoing lawsuit, before the final trial, to resolve a procedural issue (access to evidence) that impacts how the case will proceed.

• Example 2: Temporary Injunction

  Consider a situation where a small tech startup discovers that a much larger competitor is about to launch a product that appears to be a direct copy of the startup's patented technology. The startup fears that if the competitor launches, it will suffer immediate and irreparable financial harm.

  The startup could file an interlocutory application for a *temporary injunction*, asking the court to immediately order the competitor to halt the product launch until the court can fully hear arguments and decide on the patent infringement claim. This is an interlocutory application because it seeks immediate, temporary relief *during* the ongoing dispute, preventing potential harm before a final decision on the patent validity can be made at trial.

• Example 3: Extension of Time

  A lawyer representing a client in a complex environmental lawsuit needs more time to review thousands of pages of documents provided by the opposing party and to secure an expert witness report. The deadline for filing a critical response brief is rapidly approaching.

  The lawyer would file an interlocutory application with the court, requesting an extension of the deadline to file the necessary documents. This is an interlocutory application because it's a request made *mid-case* to address a procedural matter (a deadline) that impacts the flow of the litigation, rather than determining the ultimate outcome of the lawsuit itself.