Unjust Interlocutory Order

ART. 206


Elements:
1. That the offender is a judge; and
2. That he performs any of the following acts:
   a. knowingly renders an unjust interlocutory order or decree, or
   b. renders a manifestly unjust interlocutory order or decree through
      inexcusable negligence or ignorance.

INTERLOCUTORY ORDER - one issued by the court deciding a collateral or
incidental matter; it is not a final determination of the issues of the
action or proceeding

The crime may be committed only by a judge of a trial court and never of an
appellate court. The reason for this is that in appellate court, not only one
magistrate renders or issues the interlocutory order.

If the order leaves something to be done in the trial court with respect to
the merits of the case, it is interlocutory. If it does not, it is final.

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