Also known as: interlocutor · interlocutory order
Written by attorneys · grounded in primary & secondary sources — see below
An order, judgment, or decree that resolves some but not all issues in a case and does not finally determine the rights of the parties. Such rulings remain subject to revision before entry of a final judgment and often address interim relief such as injunctions or procedural matters.
Isaac Irving owns land next to Icarus Aviation's new runway. He sues for private nuisance from constant low-altitude flights that crack his historic barn walls. Before trial he moves for an order halting flights during daylight hours. The court weighs the extent of threatened structural damage against the airline's lost revenue and the public need for regional air service.
Imani Idowu sues her former employer for wrongful termination. The district court denies her motion to compel production of confidential personnel files on the ground of attorney-client privilege. She notices an immediate appeal. The appellate court examines whether the privilege ruling conclusively resolves a separable issue that would be lost if review waited until final judgment.
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Ivan Ivanov obtains a preliminary injunction barring Interlink Communications from using his patented software code. The district court later modifies the injunction to permit limited use during the litigation. Interlink files a notice of appeal from the modification order under the statute authorizing immediate review of injunction rulings.
Idris Ives moves for a temporary restraining order against Integrity Partners to stop alleged trade-secret misappropriation. After an expedited hearing the district court grants the order in a one-sentence docket entry. Integrity Partners objects that the court failed to articulate the factual findings and legal conclusions supporting the interim relief.
Ian Iverson's organic orchard faces drifting pesticide from neighboring Ironclad Industries. He seeks an interlocutory order halting spraying during the harvest window. The court focuses on whether the threatened loss of organic certification and premium contracts constitutes harm that money damages cannot adequately repair before final judgment.
Isaiah Ishikawa requests an interlocutory injunction stopping a competitor from using his customer list. The defendant shows that compliance would require shutting down its entire sales operation for six weeks. The court considers the operational shutdown costs and lost revenue that would result if the order is granted.
The court focuses on the extent of threatened irreparable harm to the plaintiff, the consequences of relief for the defendant, the probability of success on the merits, and the public interest. These considerations are assessed on the record developed before final hearing rather than after a full trial.
Supporting sources
An order is immediately appealable if it conclusively determines the disputed question, resolves an important issue completely separate from the merits, and is effectively unreviewable on appeal from a final judgment. The doctrine applies only to a narrow class of rulings that finally dispose of a claimed right collateral to the main action.
Supporting sources
Yes. The rule mandates that the court state the findings and conclusions supporting its action on an interlocutory injunction. This requirement ensures transparency and permits meaningful appellate review even when the order is entered after an expedited or ex parte hearing.
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Orders granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify them, are immediately appealable. The statute creates a narrow exception to the final-judgment rule for these specific categories of equitable relief.
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…Congress exceeded the scope of its enforcement power under § 5 of the Fourteenth Amendment. The court certified its order for interlocutory appeal and the Fifth Circuit reversed, finding RFRA to be constitutional. 73 F. 3d 1352 (1996). We granted certiorari, 519 U. S. 926 (1996), and now reverse. II Congress enacted RFRA…