An interlocutory decision is a ruling made by a judge or other judicial authority during the course of a legal proceeding. It is a temporary or interim decision that does not dispose of the case as a whole, but rather addresses a specific issue or matter that has arisen in the case. Interlocutory decisions are commonly made in a variety of legal contexts, including civil, criminal, and administrative proceedings.
One common example of an interlocutory decision is a ruling on a motion for summary judgment. In this type of motion, a party to a lawsuit asks the court to decide the case in their favor without the need for a full trial. If the court grants the motion, it will issue an interlocutory decision in favor of the moving party and dismiss the case. However, if the motion is denied, the case will proceed to trial.
Another example of an interlocutory decision is a ruling on a motion to dismiss. In this type of motion, a party to a lawsuit asks the court to dismiss the case because the allegations made by the opposing party are insufficient or do not state a valid legal claim. If the motion is granted, the court will issue an interlocutory decision dismissing the case. However, if the motion is denied, the case will proceed to trial.
Interlocutory decisions are not final decisions and can often be appealed. In fact, the parties to a case often have the right to appeal an interlocutory decision if they believe it was made in error. For example, if a party to a lawsuit is unhappy with a court's ruling on a motion for summary judgment, they may be able to appeal that ruling to a higher court.
In addition to being appealable, interlocutory decisions can also be modified or reversed. For instance, a party to a lawsuit may be able to persuade the court to reconsider an interlocutory decision if new evidence or legal arguments come to light.
In summary, an interlocutory decision is a temporary ruling made by a judicial authority during the course of a legal proceeding. It addresses a specific issue or matter that has arisen in the case, but is not a final decision that disposes of the case as a whole. Interlocutory decisions are commonly made in civil, criminal, and administrative proceedings, and can often be appealed or modified.