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Legal Dictionary

interlocutory

Legal Definition of interlocutory

Adjective

  1. Proceedings taken during the course of, and incidental to a trial. Examples include procedures or applications made which are to assist a case in preparing its case or of executing judgment once obtained (e.g.. garnishment or judicial sale). These decisions intervene after the start of a suit and decide some issue other than the final decision itself.

Related terms


Definition of interlocutory

Adjective

interlocutory (not comparable)

  1. Of or pertaining to dialogue or conversation.

    * 1821, Sir Walter Scott, Kenilworth, ch. 17:
    [A]s he passed through the crowded anterooms . . . never did Leicester return the general greeting with such ready and condescending courtesy. . . . For all the favourite Earl had a bow and smile at least, and often a kind word. . . . A few of Leicester's interlocutory sentences ran as follows:- "Poynings, good morrow; and how does your wife and fair daughter? . . ."

    * 1988, Armand White, "Arsenio Hall more relaxed in comedy with friend Eddy Murphy," Pittsburgh Press, 3 July, p. B8 (retrieved 2 Nov. 2010):
    The 13-week stint Hall did on Fox Broadcasting's "The Late Show" last fall proved the impact of his interlocutory style.

  2. Interjected into something spoken.

  3. (law) Expressed during a legal action that awaits final decision.

  4. (law) Of or pertaining to legal action that is temporary or provisional.

Further reading

Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal.

In many American legal systems, interlocutory orders are not appealable, except in a few extraordinary cases.[1] When the case is concluded, any aspect of an interlocutory order that has not become moot may be challenged in an appeal from the final judgment.[2] However, in other legal systems, such as in England and Wales and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general rule is that there are no interlocutory appeals, except where Parliament has expressly provided.

References

  1. "Appeal and Error". Corpus Juris Secundum. 4. Thomson West. 2007. pp. 129, § 140.
  2. "Appeal and Error". Corpus Juris Secundum. 4. Thomson West. 2007. pp. 136, § 146.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.

Translation of interlocutory in Malay

Adjective

interlocutory

  1. interlokutori



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