Legal Definitions - interlocutory order

An interlocutory order is a decision made by a judge during the course of a lawsuit, but before the judge or jury reaches a final judgment that resolves the entire case. These orders address specific issues or procedural matters that arise while the litigation is ongoing. They are temporary in nature and do not determine the ultimate outcome or merits of the dispute itself, but rather help manage the process of the lawsuit.

• Example 1: Discovery Dispute

  Imagine a civil lawsuit where a plaintiff is suing a construction company for negligence after a building collapse. During the "discovery" phase, the plaintiff's legal team requests access to all internal engineering reports and safety inspection logs from the construction company. The company objects, claiming some documents contain proprietary information. The plaintiff then files a "motion to compel" with the court, asking the judge to force the company to hand over the documents.

  The judge reviews the arguments and issues an interlocutory order compelling the construction company to produce certain redacted portions of the requested documents to the plaintiff within a specific timeframe.

  This illustrates an interlocutory order because it is a ruling on a specific procedural dispute (what information must be shared) that occurs in the middle of the lawsuit. It doesn't decide whether the construction company was negligent or if the plaintiff will win the case; it simply resolves an issue that allows the discovery process to continue.

• Example 2: Temporary Restraining Order

  Consider a situation where two former business partners are in a legal dispute. One partner, "Alex," is suing the other, "Ben," for allegedly violating a non-compete agreement by immediately starting a rival business and poaching clients. Alex believes Ben's actions are causing immediate and irreparable financial harm.

  Alex's lawyer asks the court for a temporary restraining order (TRO) to prevent Ben from contacting former clients or operating the new business until a full hearing can be held. The judge, after reviewing the initial evidence, issues an interlocutory order granting the TRO, temporarily prohibiting Ben from engaging in these activities for a short period.

  This is an interlocutory order because it provides immediate, temporary relief to prevent potential harm while the lawsuit is ongoing. It is not the final decision on whether Ben actually violated the non-compete agreement or will be permanently barred from competing; those issues will be decided at the conclusion of the trial.

• Example 3: Exclusion of Evidence

  In a criminal trial for fraud, the prosecution intends to introduce a series of emails as evidence, arguing they prove the defendant's intent to deceive. The defense attorney objects, arguing that the emails were obtained illegally and should not be presented to the jury.

  After hearing arguments from both sides, the judge issues an interlocutory order ruling that the emails are inadmissible because they were indeed obtained in violation of proper legal procedures.

  This is an interlocutory order because it is a ruling on a specific evidentiary matter that occurs *during* the trial. It affects what information the jury hears and how the case is presented, but it does not determine the defendant's guilt or innocence, which is the ultimate final judgment of the case.