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Law Web: When revision is maintainable against interlocutory order in criminal case?
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Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit. Interlocutory actions are taken by courts when a Question of Law must be answered by an appellate court before a trial may proceed or to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding. Generally, courts are reluctant to make interlocutory orders unless the circumstances surrounding the case are serious and require timely action. Interlocutory appeals are restricted by state and federal appellate courts because courts do not want piecemeal litigation.
In either case, the party that does not prevail might want to appeal the decision. As a general rule, orders issued by a court while a case is still pending—known as interlocutory orders—are not subject to appeal before the trial court enters a final judgment. This affects an appeal of a summary judgment order when the order does not dispose of any part of a lawsuit. An order that grants summary judgment typically disposes of some or all causes of action in a case. If the summary judgment order disposes of all the claims in the lawsuit, it is a final judgment, according to FRCP 54 b , and therefore it is not interlocutory.