What is an "interlocutory appeal"?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

An interlocutory appeal refers to an appeal that can be filed regarding a ruling made by a trial court before the case has reached a final judgment. This type of appeal is generally allowed for certain types of decisions that might significantly affect the case and, if not addressed immediately through an appeal, could result in irreparable harm or be otherwise unjust if the final judgment were later to be overturned.

For instance, if a trial court makes a ruling on a significant pre-trial motion, such as a motion to dismiss or a motion for summary judgment, a party may seek to appeal that ruling even though the final outcome of the case is still pending. This is distinct from a standard appeal, which occurs after the conclusion of a trial and a final judgment, making it an essential tool for ensuring that specific rights or determinations can be reviewed and corrected without waiting for potentially lengthy case resolutions.

In contrast, the other options refer to appeals in different contexts: an appeal after a final judgment pertains to the standard appeal process, an appeal against a jury's decision usually involves post-verdict motions or appeals which are not interlocutory, and administrative appeals generally relate to decisions made by governmental agencies rather than court decisions.

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