What Is an Interlocutory Judgment?

An interlocutory judgment is an interim ruling by a court determining the rights of the parties in a lawsuit, but not finally deciding the outcome of the case. Such a judgment is “interlocutory” because it is issued before the court issues its final ruling. Interlocutory judgments are most often used by judges to resolve disputed matters such as discovery issues or disputes relating to preliminary injunctions.

In many cases, interlocutory judgments become just as important to the principals of the dispute as the final judgment, because they allow the parties to carry on with their lives in the interim, and to continue the case through discovery and other proceedings. For a ruling to be considered interlocutory, it must be made while litigation is still pending, and must be subject to being altered or overturned when the court renders its final decision.

Understanding the Purpose of Interlocutory Judgments

Interlocutory judgments are intended to ensure that one party does not have an unfair advantage or is put in a difficult position throughout the course of a trial. For example, in a financial dispute, the court may issue an interlocutory judgment to order one individual to pay spousal or child support to their former partner. This ensures that the children or former partner is provided for financially, even while the case is still pending.

Another example is in the case of a restraining order. The court may issue an interlocutory judgment that requires one party to stay away from the other until the final judgment is issued. This provides the alleged victim with some immediate protection, without forcing them to wait until the end of the trial.

Modern Examples

Many interlocutory judgments of today can be viewed online, and are often used by judge and lawyers as guidance when ruling on similar cases. For example, a recent interlocutory judgment from the U.S. Court of Appeals for the 7th Circuit ruled that an employer did not unlawfully discriminate against it employee for failure to comply with their English-language policy. In this case, the court provided an important precedent for future cases involving language policies and workers’ rights.

In another example, a recent interlocutory judgment issued by the Court of Appeals of Ohio ruled that the state’s “Stand Your Ground” self-defense law was unconstitutional. This was a significant judgment which affected the rights of people living in this state regarding self-defense laws.

The Value of an Interlocutory Judgment

Interlocutory judgments are invaluable to the legal process, as they help to smooth the way for future cases. By providing a clear-cut ruling in the interim, it allows both parties to proceed with the case in an orderly fashion. While the final ruling still needs to be issued, as it can still be overturned by the court, it is crucial that the interlocutory judgment is followed until the final ruling is set.