The Interlocutory Appeals Act of 1958 allows U.S. Courts of Appeal to review certain types of orders made by district judges before a final judgment is reached in a case. Specifically, it applies to civil cases where the district judge identifies a controlling question of law that is uncertain or in doubt. This act is codified at 28 USCS § 1292.
The Interlocutory Appeals Act is primarily used in civil litigation. It provides a mechanism for parties to seek appellate review of specific legal issues that could significantly affect the outcome of the case. This can be particularly useful in complex cases where a ruling on a legal question may save time and resources by resolving critical issues early. Users can manage some aspects of this process with the help of legal templates from US Legal Forms, which can assist in drafting necessary documents.
Here are a couple of examples of abatement:
Example 1: A district court rules on the admissibility of certain evidence in a civil trial. The plaintiff believes this ruling will significantly impact the case's outcome and seeks an interlocutory appeal to clarify the legal standard applied.
Example 2: A defendant in a civil lawsuit challenges a ruling on the interpretation of a contract. The district judge acknowledges that the interpretation is uncertain and allows for an interlocutory appeal to resolve the issue before proceeding to trial. (hypothetical example)
The primary statute governing interlocutory appeals is the Interlocutory Appeals Act of 1958, codified at 28 USCS § 1292. This statute outlines the conditions under which appeals may be taken from interlocutory orders.
| Term | Definition | Difference |
|---|---|---|
| Final Judgment | A court's final decision on the merits of a case. | Interlocutory appeals deal with non-final orders, while final judgments conclude a case. |
| Appeal | A request to a higher court to review a lower court's decision. | Interlocutory appeals specifically address certain interim orders, not just any decision. |
If you believe an interlocutory appeal may be necessary in your case, consider the following steps:
If your case is complex, seeking professional legal assistance is advisable.
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by jurisdiction and complexity of the case. |
| Jurisdiction | U.S. Courts of Appeal. |
| Possible Outcomes | The appellate court may affirm, reverse, or modify the lower court's order. |
An interlocutory order is a temporary ruling made by a court that does not conclude the case.