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LSDefine

Simple English definitions for legal terms

interlocutory order

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A quick definition of interlocutory order:

An interlocutory order is a temporary order made during a legal case. It is not a final decision. This means that it can be changed or reversed later on. Because of this, it is rare for someone to appeal an interlocutory order. However, there are rules for appealing them, called the collateral order doctrine.

A more thorough explanation:

An interlocutory order is a temporary order that is issued during a legal case. These orders are not final and are subject to change as the case progresses. Interlocutory orders can be issued for a variety of reasons, such as to preserve evidence or to prevent harm to a party.

For example, in a divorce case, a judge may issue an interlocutory order for temporary child custody arrangements until a final decision is made. In a personal injury case, a judge may issue an interlocutory order to preserve evidence, such as a damaged vehicle or medical records.

Interlocutory orders are not typically appealed because they are not final decisions. However, in some cases, an interlocutory order may be appealed under the collateral order doctrine. This doctrine allows for appeals of interlocutory orders that are separate from the main issue of the case and would cause irreparable harm if not immediately addressed.

interlocutory judgment | intermediate scrutiny

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