What is Interlocutory Appeal?
Updated January 24, 2026
An appeal of a court's ruling on a specific legal issue that is filed before the case reaches a final judgment.
Understanding Interlocutory Appeal
Most appeals are only permitted after a final judgment, but interlocutory appeals are allowed in limited circumstances when an immediate ruling from the appellate court is necessary to prevent irreparable harm or resolve a controlling question of law. Courts must typically grant permission for interlocutory appeals, and they can significantly delay the trial court proceedings while the appeal is pending.
Examples
- 1Appealing a ruling denying sovereign immunity before trial
- 2Interlocutory appeal of an order compelling disclosure of privileged information
- 3Appeal of class certification decision before trial on the merits
Related Terms
Appeal
A legal proceeding in which a higher court reviews the decision of a lower court to determine if legal errors were made that affected the outcome.
Motion
A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.
Summary Judgment
A court ruling that resolves a case or specific issues without a full trial, granted when there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law.
Directed Verdict
A ruling by the judge that takes the decision away from the jury because the evidence is so one-sided that no reasonable jury could reach a different conclusion.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
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