Collateral Order Doctrine

Definition

A judge-made exception to the final judgment rule that allows immediate appeal of certain pretrial court orders that are conclusive, resolve an important question completely separate from the merits, and would be effectively unreviewable if the party had to wait until after trial. It is meant to be narrow and sparingly applied.

Examples

• •GEO argues that denial of Yearsley immunity fits within this doctrine, just as denial of qualified immunity does, because forcing a contractor to endure trial destroys the very right not to be tried.

Related Terms