Legal Definitions - interlocutory decree

An interlocutory decree is a court order or judgment that is issued during the course of a lawsuit, before the court has made a final decision on all the issues in the case. Unlike a final judgment, an interlocutory decree does not fully resolve the entire dispute or conclude the legal proceedings. Instead, it addresses specific, interim matters that arise while the case is ongoing. Because it is not a final resolution, an interlocutory decree generally cannot be appealed until a final judgment has been issued in the case.

• Example 1: Temporary Injunction in a Business Dispute

  Imagine two companies, "Tech Innovations Inc." and "Global Gadgets Corp.," are in a lawsuit over patent infringement. Tech Innovations Inc. believes Global Gadgets Corp. is illegally using its patented technology and asks the court to immediately stop Global Gadgets Corp. from selling products that use this technology while the lawsuit is ongoing. The court reviews the request and issues an order granting a temporary injunction, prohibiting Global Gadgets Corp. from selling those specific products until the full trial concludes.

  How this illustrates the term: This temporary injunction is an interlocutory decree. It is a significant court order that affects one party, but it does not resolve the entire patent infringement lawsuit. The court still needs to hear all the evidence and decide whether Global Gadgets Corp. actually infringed the patent and what permanent remedies are appropriate. The injunction addresses an urgent, interim issue without being the final word on the whole case.

• Example 2: Temporary Custody Order in a Divorce Case

  Consider a couple, Sarah and Mark, who are going through a divorce. They have two young children. While the divorce proceedings are underway and before a final agreement on child custody can be reached, the court issues an order outlining a temporary custody schedule and visitation rights for both parents. This order ensures the children have a stable arrangement during the often lengthy divorce process.

  How this illustrates the term: This temporary custody order is an interlocutory decree. It provides a legally binding arrangement for the children's care and visitation, but it is not the final decision on permanent custody. The court will later issue a final judgment that resolves all aspects of the divorce, including permanent custody, child support, and asset division. The temporary order addresses an immediate need without concluding the entire case.

• Example 3: Partial Summary Judgment in a Contract Dispute

  A construction company, "BuildRight," sues a client, "City Developments," for breach of contract and additional costs incurred due to project delays. City Developments argues that BuildRight failed to meet certain deadlines and also claims that one specific clause in the contract is invalid. BuildRight files a motion for partial summary judgment, asking the court to rule that the disputed clause is indeed valid, even if other aspects of the breach of contract claim still need to go to trial.

  How this illustrates the term: If the court grants BuildRight's motion and declares the specific contract clause valid, this ruling is an interlocutory decree. It resolves one particular legal issue (the validity of that clause) within the larger lawsuit, which still has outstanding claims regarding breach of contract, delays, and damages. It's a definitive ruling on a specific point, but it doesn't end the entire case, as other claims still need to be litigated.