Appellate Practice
Interlocutory Appeal
An appeal from a non-final order before the entire case is over, allowed only in limited circumstances.
Governing rule: 28 U.S.C. § 1292
Plain-English definition
An interlocutory appeal is an exception to the usual wait-for-final-judgment rule. It is used when immediate review is authorized by statute, certified by the court, or necessary under a narrow doctrine. Most ordinary pretrial losses are not immediately appealable.
How it works
Some interlocutory appeals are as of right, such as certain injunction orders. Others require district court certification and court of appeals permission.
Why it matters
Immediate appeal can pause or redirect a case, but failed attempts can waste time and irritate courts.
Related terms
Final Judgment Rule
The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.
Preliminary Injunction
A court order requiring or prohibiting action while the lawsuit is pending, granted only on a strong showing of likelihood of success and irreparable harm.
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.