An interlocutory judgment, also known as an interlocutory order or decree, is a court judgment that is issued before the final resolution of a case. It addresses specific issues or disputes within the case but does not conclude the entire legal matter.
Interlocutory judgments are provisional and may deal with questions of law, procedural matters, or preliminary issues that need to be resolved before the case can proceed to a final judgment.
Interlocutory judgments serve several purposes within the judicial process. They can expedite the proceedings by resolving preliminary matters, ensure fairness by addressing urgent issues that cannot wait until the end of the trial, and facilitate the efficient administration of justice by narrowing down the disputes that need to be decided at trial.
For example, an interlocutory judgment might order the temporary custody of a child in a family law case, grant or deny a preliminary injunction in a property dispute, or resolve a question about the admissibility of evidence before a trial begins.
These judgments are typically subject to appeal, though the rules regarding such appeals can vary widely between jurisdictions.
Some legal systems require parties to wait until the final judgment for an appeal, while others allow immediate appeals of certain interlocutory orders, especially those that might cause irreparable harm if not immediately reviewed.
While interlocutory judgments are common across various fields of law, their application and impact can differ. In civil litigation, they often address issues like asset freezes, temporary restraining orders, or summary judgments on specific points of law.
In criminal cases, interlocutory judgments might involve decisions on bail, the suppression of evidence, or the determination of legal issues that affect the conduct of the trial.
One common misconception is that interlocutory judgments are final and cannot be challenged. In reality, these are preliminary decisions, and while they might be binding for the duration of the case, they can often be appealed or reviewed before a final judgment is made.
Another misunderstanding involves the scope of interlocutory judgments. Some may believe that these orders can resolve any issue within a case, but typically, they are limited to specific matters that do not conclude the main dispute between the parties.
The ultimate resolution of the case comes with the final judgment, after all interlocutory matters have been addressed.