The examples and perspective in this articledeal primarily withthe English-speaking worldand do not represent aworldwide viewof the subject.(December 2014) |
Interlocutory/ˌɪntərˈlɒkjəˌtɔːri/is a legal term which can refer to anorder,sentence,decree,orjudgment,given in an intermediate stage between the commencement and conclusion of acause of action,used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal.
In many U.S.legal systems,interlocutory orders are notappealable,save for in a few extraordinary cases.[1]Interlocutory orders are orders that are issued by a court while a case is still ongoing, before the final resolution of the case.[2]When the case is concluded, any aspect of an interlocutory order that has not becomemootmay be challenged in an appeal from the final judgment.[3]However, in other legal systems, such as in England and Wales, in Hong Kong, and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general rule is that there are no interlocutory appeals, except where Parliament has expressly provided. Australian courts and tribunals generally discourage appeals against interlocutory decisions.[4]
InScots lawan "interlocutor" is an interlocutory order, that is, a legal order that is not the final decision in a case.[5]
See also
editReferences
edit- ^"Appeal and Error".Corpus Juris Secundum.Vol. 4.Thomson West.2007. pp. 129, § 140.
- ^Glynn, Timothy P (1 November 2001)."Discontent and Indiscretion: Discretionary Review of Interlocutory Orders".Notre Dame Law Review.77(1): 176.SSRN1151959.
- ^"Appeal and Error".Corpus Juris Secundum.Vol. 4.Thomson West.2007. pp. 136, § 146.
- ^"Fair Work Decision: Button v Sykes Australia Pty Ltd".Fair Work Commission.22 May 2014.Retrieved1 May2015.
- ^"interlocutor".LSD.Law.
 | Thislegal termarticle is astub.You can help Wikipedia byexpanding it. |