When a judge issues an interlocutory order, an appeal must be filed in order to enforce the decision. Interlocutory orders, however, are not final. Therefore, to appeal an interlocutory order, the appellant must file a motion for leave to appeal before the final judgment. However, interlocutory orders have limited appellate jurisdiction in New Jersey. Interlocutory appeals are not allowed if the request is not filed in time.
New Jersey appellate courts have endorsed this distinction and recognized that there is a distinction between a final order and an interlocutory order. The New Jersey Supreme Court talked at length about the distinction between interlocutory orders and final orders. Moreover, the twenty-day time limit for reconsideration of final orders does not apply to interlocutory orders. The Court Rule 4:42-2 provides a general rule that an interlocutory order can be reviewed at any time.
An appeal in family law cases must first be submitted to the Appellate Division. A panel of two or three judges will hear the appeal if it is unanimous. If the Appellate Division judges do not agree, the matter will be referred to the New Jersey Supreme Court. The court can deny certification if there is disagreement among the judges. On the other hand, if there is a conflict among the Appellate Division judges, an appeal must be brought before the NJ Supreme Court.
In a civil action, an interlocutory order can help a litigant enforce its rights. In the event that a litigant fails to follow the court’s order, the other side may seek relief by filing an action in a state court. Failure to enforce an order may adversely affect a party’s right to appeal. A motion for enforcement of rights may also be filed to enforce an interlocutory order.