Interlocutory refers to something which is temporary or not final,
usually an order or decree made provisionally pending a final determination.
Interlocutory orders are generally unable to be appealed until a final
decision has been rendered in the matter.
The following is a federal statute governing interlocutory orders:
"(a) Except as provided in subsections (c) and (d) of this section,
the courts of appeals shall have jurisdiction of appeals from:
- Interlocutory orders of the district courts of the United States,
the United States District Court for the District of the Canal Zone, the
District Court of Guam, and the District Court of the Virgin Islands, or
of the judges thereof, granting, continuing, modifying, refusing or dissolving
injunctions, or refusing to dissolve or modify injunctions, except where
a direct review may be had in the Supreme Court;
- Interlocutory orders appointing receivers, or refusing orders to
wind up receiverships or to take steps to accomplish the purposes thereof,
such as directing sales or other disposals of property;
- Interlocutory decrees of such district courts or the judges thereof
determining the rights and liabilities of the parties to admiralty cases
in which appeals from final decrees are allowed.
(b) When a district judge, in making in a civil action an order not
otherwise appealable under this section, shall be of the opinion that such
order involves a controlling question of law as to which there is substantial
ground for difference of opinion and that an immediate appeal from the
order may materially advance the ultimate termination of the litigation,
he shall so state in writing in such order. The Court of Appeals which
would have jurisdiction of an appeal of such action may thereupon, in its
discretion, permit an appeal to be taken from such order, if application
is made to it within ten days after the entry of the order: Provided, however,
That application for an appeal hereunder shall not stay proceedings in
the district court unless the district judge or the Court of Appeals or
a judge thereof shall so order.
(c) The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction—
- of an appeal from an interlocutory order or decree described in
subsection (a) or (b) of this section in any case over which the court
would have jurisdiction of an appeal under section 1295 of this title;
and
- of an appeal from a judgment in a civil action for patent infringement
which would otherwise be appealable to the United States Court of Appeals
for the Federal Circuit and is final except for an accounting.
(d)
- When the chief judge of the Court of International Trade issues
an order under the provisions of section 256 (b) of this title, or when
any judge of the Court of International Trade, in issuing any other interlocutory
order, includes in the order a statement that a controlling question of
law is involved with respect to which there is a substantial ground for
difference of opinion and that an immediate appeal from that order may
materially advance the ultimate termination of the litigation, the United
States Court of Appeals for the Federal Circuit may, in its discretion,
permit an appeal to be taken from such order, if application is made to
that Court within ten days after the entry of such order.
- When the chief judge of the United States Court of Federal Claims
issues an order under section 798 (b) of this title, or when any judge
of the United States Court of Federal Claims, in issuing an interlocutory
order, includes in the order a statement that a controlling question of
law is involved with respect to which there is a substantial ground for
difference of opinion and that an immediate appeal from that order may
materially advance the ultimate termination of the litigation, the United
States Court of Appeals for the Federal Circuit may, in its discretion,
permit an appeal to be taken from such order, if application is made to
that Court within ten days after the entry of such order.
- Neither the application for nor the granting of an appeal under
this subsection shall stay proceedings in the Court of International Trade
or in the Court of Federal Claims, as the case may be, unless a stay is
ordered by a judge of the Court of International Trade or of the Court
of Federal Claims or by the United States Court of Appeals for the Federal
Circuit or a judge of that court.
-
- The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction of an appeal from an interlocutory order of
a district court of the United States, the District Court of Guam, the
District Court of the Virgin Islands, or the District Court for the Northern
Mariana Islands, granting or denying, in whole or in part, a motion to
transfer an action to the United States Court of Federal Claims under section
1631 of this title.
- When a motion to transfer an action to the Court of Federal Claims
is filed in a district court, no further proceedings shall be taken in
the district court until 60 days after the court has ruled upon the motion.
If an appeal is taken from the district court’s grant or denial of the
motion, proceedings shall be further stayed until the appeal has been decided
by the Court of Appeals for the Federal Circuit. The stay of proceedings
in the district court shall not bar the granting of preliminary or injunctive
relief, where appropriate and where expedition is reasonably necessary.
However, during the period in which proceedings are stayed as provided
in this subparagraph, no transfer to the Court of Federal Claims pursuant
to the motion shall be carried out.
(e) The Supreme Court may prescribe rules, in accordance with section
2072 of this title, to provide for an appeal of an interlocutory decision
to the courts of appeals that is not otherwise provided for under subsection
(a), (b), (c), or (d). "
Related Terms
Terms with 'Interlocutory'
