Business, Legal & Accounting Glossary
A decision issued by a court. It can be a simple command–for example, ordering a recalcitrant witness to answer a proper question–or it can be a complicated and reasoned decision made after a hearing, directing that a party either do or refrain from some act. For example, following a hearing, the court may order that evidence gathered by the police not be introduced at trial; or a judge may issue a temporary restraining order. This term usually does not describe the final decision in a case, which most often is called a judgment.
A court order (or court ruling) 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. 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 and must be notarized.
The content and provisions of a court order depend upon the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary 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 (i.e., different states or countries). 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.
The following represents a small sampling of matters that are commonly dictated by the terms of a court order:
One kind of interim 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 be a final order and judgment only subject 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 family law, temporary orders can also be called pendente lite relief and may include grants of temporary child custody, visitation, spousal support and maintenance.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
Definitions for Court Order are sourced/syndicated and enhanced from:
This glossary post was last updated: 23rd April, 2020 | 1 Views.