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Interlocutory Orders: A Comprehensive Guide to Temporary Legal Decisions
Definition & Meaning
Interlocutory refers to temporary orders or decisions made during the course of legal proceedings. These orders are not final and are often issued to address specific issues while a case is ongoing. For example, an interlocutory order might be issued to grant or deny a request for an injunction. Generally, these orders cannot be appealed until the final resolution of the case.
Table of content
Legal Use & context
Interlocutory orders are commonly used in various areas of law, including civil, criminal, and family law. They serve to manage ongoing litigation by addressing urgent matters that arise before a case is fully resolved. Users can benefit from understanding how to navigate these orders, and may find resources like US Legal Forms helpful for accessing templates and guidance tailored to their specific legal needs.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A court may issue an interlocutory order to prevent a party from selling property while a lawsuit regarding ownership is pending. This order is temporary and will remain in effect until the case is resolved.
Example 2: In a family law case, a judge might issue an interlocutory order regarding child custody arrangements while the divorce proceedings are ongoing. (hypothetical example)
Relevant laws & statutes
The federal statute governing interlocutory orders is outlined in Title 28 of the U.S. Code, Section 1292, which details the circumstances under which appeals can be made from these orders. Specific provisions include appeals related to injunctions, receiverships, and admiralty cases.
Comparison with related terms
Term
Definition
Key Differences
Final Order
An order that concludes the legal matter.
Final orders can be appealed immediately; interlocutory orders cannot be appealed until the case is resolved.
Preliminary Injunction
A temporary order to maintain the status quo until a final decision is made.
A preliminary injunction is a type of interlocutory order specifically related to preventing action until the case is settled.
Common misunderstandings
What to do if this term applies to you
If you are involved in a legal matter where an interlocutory order has been issued, it is important to understand its implications. Consider consulting with a legal professional for tailored advice. Additionally, you can explore US Legal Forms for templates and resources that may assist you in managing your legal situation effectively.
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