Interlocutory Decree Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Interlocutory Decree, written in plain English, along with examples of how it is used.
What is Interlocutory Decree?
It is refered to the temporary order or provisional sentence passed in the court during the course of the litigation. Such sentence, decree or order are provisional and cannot be appealed in higher courts.It is done in order to fulfill certain criteria to meet for the final order to be passed or also to prevent any unwanted harm to either party by forcing the party to act as per them.
History and Meaning of Interlocutory Decree
An interlocutory decree is a temporary order, sentence, or decree passed by a court while the litigation is still continuing. It implies an interim decision given by the court that needs to be carried out until the final order or sentence is released. Such a decree is provisional and cannot be appealed in higher courts. It is usually passed to fulfill certain criteria necessary for the final order to be passed, like gathering more evidence, fulfilling certain conditions or requirements, etc. An interlocutory decree is also passed to prevent any unwanted harm to either party by forcing the party to act as per the decree.
Examples of Interlocutory Decree
- A court forbidding a company from selling its products until a copyright infringement lawsuit filed against it is resolved.
- A court ordering one party to produce certain documents necessary to continue the case before proceeding to a trial.
- A court ordering the defendant to pay interim maintenance to their spouse during the proceedings of a matrimonial case.
Legal Terms Similar to Interlocutory Decree
- Interim Order: It is an order passed by the court until a decision can be made on the final order.
- Injunction: It is a court order that stops a person or entity from taking a certain action until a legal decision is made on the matter.
- Stay Order: It is an order passed by the court that temporarily suspends the execution of a decree or order until the court passes further orders.