Court order: Difference between revisions

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A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings.^[1] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized.

Content

The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural^[a] and evidentiary^[b] rules that govern the proceedings.

An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the transcript of the proceedings.

Examples

The following represents a small sampling of matters that are commonly dictated by the terms of a court order:

Child custody
Child support
Court dates
Criminal sentences
Divorce decree
Emergency protective order
Equitable remedy
Gag order
Injunction
Lawsuit rulings
Restitution and unjust enrichment
Restraining order
Search warrant
Stay of execution
Temporary protective order

U.S. interim order

One kind of interim court order is a temporary restraining order (TRO), to preserve the status quo. Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal.

In the area of domestic violence, U.S. courts will routinely issue a temporary order of protection (TOP) (or temporary protective order, TPO) to prevent any further violence or threat of violence.

In family law, temporary orders can also be called pendente lite relief and may include grants of temporary alimony, child custody, and/or visitation.

Notes

^ see e.g., criminal procedure, civil procedure
^ see e.g., federal rules of evidence

References

^ "court order". LII / Legal Information Institute. Retrieved 2024-07-19.

[2] see e.g., criminal procedure, civil procedure

[3] see e.g., federal rules of evidence

[1] "court order". LII / Legal Information Institute. Retrieved 2024-07-19.

[1]

[a]

[b]

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+{{Short description|Official proclamation by a judge or panel of judges}}
-{{Globalize|date=May 2011|type of '''court ruling'''}} A '''court order''' is an official proclamation by a [[judge]] (or panel of judges) that defines the legal relationships between the parties to a [[Hearing (law)|hearing]], a [[lawsuit|trial]], an [[appeal]] or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a [[judge]]; some jurisdiction may require it to be [[Notary public|notarized]].
+{{Multiple issues|
+{{unreferenced|date=April 2017}}
+{{Globalize|date=May 2011|type of '''court ruling'''}}
+}}
+A '''court order''' is an official proclamation by a [[judge]] (or panel of judges) that defines the legal relationships between the parties to a [[hearing (law)|hearing]], a [[lawsuit|trial]], an [[appeal]] or other court proceedings.<ref>{{Cite web |title=court order |url=https://www.law.cornell.edu/wex/court_order |access-date=2024-07-19 |website=LII / Legal Information Institute |language=en}}</ref> Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a [[judge]]; some jurisdictions may also require it to be [[notary public|notarized]].
-The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural<ref name="procedure">see e.g., [[criminal procedure]], [[civil procedure]]</ref> and evidentiary<ref name="evidence">see e.g., [[federal rules of evidence]]</ref> rules that govern the proceedings.
+==Content==
-An order can be as simple as setting a date for [[trial (law)|trial]] or as complex as restructuring contractual relationships by and between many [[corporation]]s in a multi-[[jurisdiction (area)|jurisdictional]] dispute.  It may be a final order (one that concludes the court action), or an interim order (one during the action).  Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the [[Transcript (law)|transcript]] of the proceedings.
+The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural{{efn|see e.g., [[criminal procedure]], [[civil procedure]]}} and evidentiary{{efn|see e.g., [[federal rules of evidence]]}} rules that govern the proceedings.
+An order can be as simple as setting a date for [[trial (law)|trial]] or as complex as restructuring contractual relationships by and between many [[corporation]]s in a multi-[[jurisdiction (area)|jurisdictional]] dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the [[transcript (law)|transcript]] of the proceedings.
-== Examples ==
+==Examples==
 The following represents a small sampling of matters that are commonly dictated by the terms of a court order:
-*[[Restraining order]] {{flagicon|US}} {{flagicon|UK}}
+* [[Child custody]] {{flagicon|US}} {{flagicon|UK}}
+* [[Child support]] {{flagicon|US}}
+* Court dates {{flagicon|US}}
+* Criminal sentences {{flagicon|US}}
+* [[Divorce]] decree {{flagicon|US}}
+* Emergency protective order {{flagicon|US}}
+* [[Equitable remedy]] {{flagicon|US}} {{flagicon|UK}}
+* [[Gag order]]
+* [[Injunction]]
+* [[Lawsuit]] rulings {{flagicon|US}}
+* [[Restitution and unjust enrichment]]
+* [[Restraining order]] {{flagicon|US}} {{flagicon|UK}}
+* [[Search warrant]] {{flagicon|US}} {{flagicon|UK}}
+* [[Stay of execution]] {{flagicon|US}}
 *Temporary protective order {{flagicon|US}} {{flagicon|Ireland}}
-*Emergency protective order {{flagicon|US}}
-*[[Search warrant]] {{flagicon|US}} {{flagicon|UK}}
-*[[Divorce]] decree {{flagicon|US}}
-*[[Child custody]] {{flagicon|US}} {{flagicon|UK}}
-*[[Child support]] {{flagicon|US}}
-*[[Lawsuit]] rulings {{flagicon|US}}
-*Criminal sentences {{flagicon|US}}
-*Court dates {{flagicon|US}}
-*[[Equitable remedy]] {{flagicon|US}} {{flagicon|UK}}
-*[[Stay of execution]] {{flagicon|US}}
 ===U.S. interim order===
-One kind of interim court order is a [[temporary restraining order]] '''(TRO)''', to preserve the [[status quo]].  Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal.
+One kind of interim court order is a [[temporary restraining order]] '''(TRO)''', to preserve the [[status quo]]. Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal.
-In the area of [[domestic violence]], courts will routinely issue a temporary order of protection '''(TOP)''' (or temporary protective order, '''TPO''')  to prevent any further violence or threat of violence.
+In the area of [[domestic violence]], U.S. courts will routinely issue a temporary order of protection '''(TOP)''' (or temporary protective order, '''TPO''') to prevent any further violence or threat of violence.
-In [[family law]], temporary orders can also be called ''pendente lite'' relief and may include grants of temporary [[child custody]], [[Contact (law)|visitation]], [[alimony|spousal support]], and [[alimony|maintenance]].
+In [[family law]], temporary orders can also be called ''pendente lite'' relief and may include grants of temporary [[alimony]], [[child custody]], and/or [[contact (law)|visitation]].
-== See also ==
+==See also==
-* [[Anti-social Behaviour Order]] {{flagicon|UK}}
+* [[Anti-social behaviour order]] {{flagicon|UK}}
+* [[Hearing (law)]]
-* [[Violent Crime Reduction Act 2006|Drinking Banning Order]] {{flagicon|England}}{{flagicon|Wales}}
-* [[Injunction]]
+* [[Judge]]
-* [[Gag order]]
 * [[Lawburrows]] {{flagicon|Scotland}}
 * [[Lawsuit]]
-* [[Judge]]
-* [[Hearing (law)]]
 * [[Trial]]
+* [[Violent Crime Reduction Act 2006|Drinking Banning Order]] {{flagicon|England}}{{flagicon|Wales}}{{flagicon|Scotland}}
+==Notes==
+{{Notelist}}
 ==References==
 {{Reflist}}
+{{Authority control}}
 [[Category:Court orders]]