Interlocutory Challenge / Appeal
An interlocutory challenge is an appeal of a non-final order issued during litigation. The term "interlocutory" indicates a lack of finality.
Interlocutory appeals differ from traditional appeals, which are intended to challenge the verdict after trial. Interlocutory appeals aim to correct errors or clarify uncertainties during the trial. This helps ensure the integrity of the judicial process.
An interlocutory appeal is an exception to the final-judgment rule. For example, an interlocutory judgment is a temporary judgment that is issued during the litigation of a case rather than after trial.
The collateral order doctrine sets forth the rules for interlocutory appeals. Whether a non-final trial court order can be appealed depends on the rules of the particular jurisdiction
In some courts you have to file a motion to proceed interlocutory before the final judgment.
Appeal from an interlocutory order. Interlocutory appeals are extremely rare; a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:
- the order must have conclusively determined the disputed question;
- the order must “resolve an issue completely separate from the merits of the action”;
- the order must be “effectively unreviewable on appeal from a final judgment.”