Legal Definitions - interlocutory judgment

An interlocutory judgment is a decision or order made by a court during the course of a lawsuit, before the final judgment that resolves the entire case. It addresses specific issues or procedures that arise while the litigation is ongoing, but it does not bring the legal proceedings to a complete end.

Here are some examples to illustrate this concept:

• Example 1: Discovery Dispute Ruling

  In a complex intellectual property lawsuit, one company accuses another of infringing its patent. During the "discovery" phase, where both sides exchange information, the defendant refuses to provide certain internal research documents, claiming they are privileged. The plaintiff files a motion asking the court to compel the defendant to produce these documents. The judge reviews the arguments and issues an order stating that the documents are not privileged and must be disclosed. This is an interlocutory judgment because it is a definitive ruling on a specific issue (document disclosure) made during the lawsuit, but it does not decide whether patent infringement actually occurred or what damages might be owed. The case continues after this ruling.

• Example 2: Partial Summary Judgment on Liability

  A homeowner sues a construction company for faulty workmanship, alleging both negligence and breach of contract. After reviewing initial evidence, the judge determines that there is no genuine dispute of material fact regarding the breach of contract claim and rules that the construction company is liable for breaching the contract. However, the exact amount of damages the homeowner suffered still needs to be determined through further proceedings or a trial. This ruling on liability is an interlocutory judgment because it settles one significant aspect of the case (who is at fault for the breach) but leaves another crucial part (the financial compensation) to be decided later. The lawsuit is not yet concluded.

• Example 3: Temporary Injunction Order

  A small business owner discovers that a former employee has started a competing business and is using confidential client lists obtained during their previous employment. The owner immediately files a lawsuit and requests a temporary restraining order and a preliminary injunction to prevent the former employee from contacting those clients or using the confidential information while the main lawsuit proceeds. The judge grants the preliminary injunction, ordering the former employee to cease these activities until a full trial can be held to determine if the information was indeed confidential and improperly used. This injunction is an interlocutory judgment because it is a binding order providing temporary relief and regulating conduct during the ongoing litigation, but it does not represent the final decision on the merits of the trade secret misappropriation claim.