An interlocutory judgment, also known as an interlocutory decree, is a non-final judgment that resolves an element of a claim or another issue without deciding the full case. An interlocutory judgment may or may not be appealable, depending on the content of the judgment. Many interlocutory judgments are not appealable and may only be challenged on appeal after a final judgment. Typically, interlocutory judgments related to injunctions are appealable. Federal court judges also have discretion under 28 USC §1292b to allow appeals of certain interlocutory judgments.
28 U.S.C. §1292 outlines what types of interlocutory judgments may be appealed in the federal court system:
- Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
- Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
- Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;
- Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
- When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.
[Last updated in June of 2023 by the Wex Definitions Team]