interlocutory appeal

The term “ interlocutory ” is used to indicate a lack of finality. An interlocutory appeal is an appeal of a non-final order issued during the course of litigation .

The collateral order doctrine sets forth the rules for such appeals. Interlocutory appeals are extremely rare, and a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:

1. The order must have conclusively determined the disputed question;
2. The order must “resolve an issue completely separate from the merits of the action”;
3. The order must be “effectively unreviewable on appeal from a final judgment.”

See also: Hallock v. Bonner, 387 F.3d 147 (2d Cir. 2004)

[Last reviewed in March of 2023 by the Wex Definitions Team ]

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