MrThickRopes
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Simple English definitions for legal terms
interlocutory decree
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A quick definition of interlocutory decree:
Interlocutory decree: A decision made by a court during a case that is not final because it doesn't settle all the issues. It's only challengeable on appeal once there is a final judgment in the case. Interlocutory decrees were historically used mainly in divorce cases to set out the terms of the divorce, which would become a final judgment only after a waiting period.
A more thorough explanation:
An interlocutory decree is a type of court judgment that is made during the course of a legal case, before a final judgment is reached. It is not a final decision because it does not resolve all of the issues in the case. Instead, it addresses specific issues that need to be resolved before the case can proceed to a final judgment.
For example, in a divorce case, an interlocutory decree might be issued to establish temporary custody arrangements for children or to determine how property should be divided while the divorce is pending. These issues would need to be resolved before a final judgment could be reached.
Interlocutory decrees are not typically appealable until a final judgment is reached. This means that if a party disagrees with an interlocutory decree, they will need to wait until the final judgment is issued before they can challenge it on appeal.
Overall, interlocutory decrees are an important tool for courts to use in order to manage complex legal cases and ensure that all issues are properly addressed before a final judgment is reached.