“Interlocutory”的意思、由来-开放百科全书

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 U.S. legal systems, interlocutory orders are not appealable, save for in a few extraordinary cases.^[1] Interlocutory orders are orders that are issued by a court while a case is still ongoing. These orders are not meant to be final.^[2] 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.^[3] However, in other legal systems, such as in England and Wales, in Hong Kong, 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. Australian courts and tribunals generally discourage appeals against interlocutory decisions.^[4]

See also

References

1. ^{{cite encyclopedia| title = Appeal and Error| encyclopedia = Corpus Juris Secundum| volume = 4| pages = 129, § 140| publisher = Thomson West| date = 2007}}
2. ^{{cite web |url=https://legaldictionary.net/interlocutory/ |title=Interlocutory - Definition, Examples, Cases, Processes |work=Legal Dictionary |date=31 Oct 2018 |accessdate=31 Oct 2018}}
3. ^{{cite encyclopedia| title = Appeal and Error| encyclopedia = Corpus Juris Secundum| volume = 4| pages = 136, § 146| publisher = Thomson West| date = 2007}}
4. ^{{cite web |url=https://www.fwc.gov.au/documents/decisionssigned/html/2014fwcfb3384.htm |title=Fair Work Decision: Button v Sykes Australia Pty Ltd |work=Fair Work Commission |date=22 May 2014 |accessdate=1 May 2015}}