An interlocutory appeal can be made during a court trial in the US if there are extraordinary circumstances that would prevent the case from being properly decided. The appeals court has the authority to review the order and may decide whether a hearing is necessary. Interlocutory orders are more common in certain types of cases, such as divorce proceedings and property disputes. Once the appellate court decides on the issue under appeal, its decision is final.
An interlocutory appeal is made during a court trial and asks an appellate court to review an aspect of the case before the trial has concluded. In the United States, such an appeal may be filed if there are extraordinary circumstances that would prevent the case from being properly decided if the appeal were not heard. While most courts are reluctant to grant these appeals because they slow down the case adjudication process, interlocutory appeals are necessary when a question of law arises during the case that needs to be decided before the trial can proceed. Once the appeal has been decided by the appellate court, the original lawsuit may continue to its conclusion.
In most cases, appeals are not filed until the original case is resolved. There are cases in which a question of law cannot be decided by the seised court. If this matter is an integral part of the outcome of the case and immediate ruling on the law in question would expedite the conclusion of the case, the presiding judge may issue an interlocutory order to the appellate court. The appeals court has the authority to review the order and may decide whether a hearing is necessary.
Courts will try to avoid issuing an interlocutory appeal during a case if the issue at hand is not an integral part of the proceedings. Such constant appeals would make litigation difficult and delay the treatment of justice. In certain situations, courts run the risk of a final decision being challenged and possibly reversed if an interlocutory appeal is ignored when it is indeed justified.
Once the appellate court elects to hear an interlocutory appeal and then decides on the issue under appeal, its decision on that issue of the case is final. This means that no other appellate court can reverse the decision on that part of the case. The original cause can still be appealed at its conclusion, but the interlocutory part cannot be changed again.
Interlocutory orders are more common in certain types of cases. In divorce proceedings, judges may issue interim orders to ensure that child support payments are made during the time the case is under consideration pending the final decision. When a person’s property is at stake in a lawsuit, a judge can issue an interim order, also known as an injunction, to halt the proceedings that caused the problem until a final judgment can be made on the action. These orders may not involve an appellate court, but they are actions the judge believes should be taken even before the case is concluded.
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