Interlocutory appeal - sustany/dvg GitHub Wiki

The term �interlocutory� is used to indicate a lack of finality. An interlocutory appeal is an appeal of a non-final order issued during the course of litigation.�

The collateral order doctrine sets forth the rules for such appeals. Interlocutory appeals are extremely rare, and a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:

1. The order must have conclusively determined the disputed question;
2. The order must �resolve an issue completely separate from the merits of the action�;
3. The order must be �effectively unreviewable on appeal from a final judgment.�

See also: Hallock v. Bonner, 387 F.3d 147 (2d Cir. 2004)