Also known as: interim orders · temporary order · provisional order · interlocutory order
Written by attorneys · grounded in primary & secondary sources — see below
A temporary judicial directive issued during pending litigation to address immediate needs or preserve the status quo until final judgment.
Ike Ingram sued a government official for civil rights violations and the district court denied the official's motion to dismiss on qualified immunity grounds. The court entered an interim order rejecting the immunity defense and setting the case for trial. The official immediately appealed the interim order under the collateral order doctrine.
After a divorce in State K, Melanie received primary custody while Albert obtained a specific alternating weekend visitation schedule. Melanie relocated to State L and refused to honor the schedule. Albert petitioned the State L court for a temporary order enforcing the out-of-state visitation schedule.
Select any source to read its text and confirm it supports the definition.
Buckhannon Board and Care Home faced closure under a state self-preservation rule and sought immediate relief. The district court entered an interim order allowing the facility to remain open during litigation without altering residents' housing arrangements. The order preserved the status quo while the case proceeded.
Iqbal sued high-level officials alleging a discriminatory detention policy. The district court denied the officials' motion to dismiss on qualified immunity grounds through an interim order. The order allowed discovery to proceed on the constitutional claims.
Mercury Construction sought to compel arbitration of a hospital construction dispute. The district court entered an interim order staying the federal action pending state court proceedings. The order deferred resolution of the arbitrability question.
Plaintiffs sought documents from the Vice President in a civil suit. The district court issued an interim order requiring production of certain materials under a protective order. The order directed immediate compliance while the litigation continued.
A court must evaluate the plaintiff's likelihood of success on the merits, the risk of irreparable harm to the plaintiff if relief is denied, the balance of hardships between the parties, and the public interest. The court also considers whether the requested order is practical to frame and enforce. These factors distinguish interim relief from permanent remedies.
Supporting sources
An interim order is immediately appealable if it conclusively determines a disputed question, resolves an important issue completely separate from the merits, and is effectively unreviewable after final judgment. The order must represent a final disposition of a claimed right that is not an ingredient of the cause of action.
Supporting sources
Yes. A court lacking modification jurisdiction may still issue a temporary order enforcing a visitation schedule or visitation provisions from another state's custody determination. The temporary order preserves the status quo and must specify a period for seeking relief in the proper forum.
Supporting sources
…invests us with authority to review "[c]ases in" the courts of appeals. When the petitioner in this case sought review of an interlocutory order denying his claim to absolute immunity, the Court of Appeals dismissed the appeal for lack of jurisdiction. Emphasizing the "jurisdictional" basis for the Court of Appeals' decision,…