What Is an Interlocutory Appeal?
An interlocutory appeal is a special type of appeal filed before a trial or case has fully concluded. Unlike regular appeals, which occur after a final judgment, interlocutory appeals allow higher courts to review specific rulings made during an ongoing case. They are used sparingly, typically when waiting until the end of the case would cause significant harm or injustice.
Simple Definition
An interlocutory appeal is a request made to an appellate court to review a trial court’s decision before the case is fully resolved. It is not automatically available in most situations and often requires permission from the appellate court.
Real-Life Examples
- Injunctions: A party appeals a trial court’s decision to grant or deny an injunction that could cause immediate harm.
- Privilege disputes: A court orders disclosure of confidential or privileged documents, and the party seeks an immediate review.
- Immunity claims: Government officials appeal trial court rulings denying immunity from lawsuits.
- Class action certification: A defendant appeals a decision certifying a lawsuit as a class action, which could greatly expand liability.
Importance of the Term
- Prevents irreversible harm: Stops parties from suffering damage that cannot be undone at the end of a case.
- Saves time and resources: Resolves critical legal issues early, potentially avoiding unnecessary trials.
- Protects rights: Ensures that issues like privilege or immunity are addressed promptly.
- Judicial efficiency: Helps clarify unsettled areas of law before cases proceed further.
Comparison (Interlocutory Appeal vs. Final Appeal)
| Factor | Interlocutory Appeal | Final Appeal |
|---|---|---|
| Timing | During ongoing case | After final judgment |
| Availability | Limited, requires court approval | Generally available as of right |
| Purpose | Prevent immediate harm or resolve urgent issues | Review entire case outcome |
FAQ
1) Are interlocutory appeals automatically allowed?
No. Courts often require special permission and only grant them in limited situations.
2) What is the most common type of interlocutory appeal?
Appeals involving injunctions or immediate, irreparable harm.
3) Do interlocutory appeals delay trials?
Yes, they can pause proceedings until the higher court makes a decision.
4) Can any party file an interlocutory appeal?
Yes, but the court decides whether the issue qualifies for immediate review.
5) Are interlocutory appeals common?
No. They are relatively rare and used only when justice requires urgent review.
In Shorts
An interlocutory appeal is an important safeguard in law, allowing higher courts to review urgent matters before a case ends. While rare, it ensures fairness, protects rights, and prevents irreparable harm during ongoing litigation.
