Order in the United States

A written directive, issued by a judge, that can require a wide range of actions. An order may stand alone or be issued in support of a judgment or decision. An order is obtained from a court by motion. Orders are either final or temporary. A final order resolves the substantive question(s) contained in the case and concludes the legal action. Appeal may be sought from a final order. A temporary order, on the other hand, focuses only a component or intervening issue and does not finally resolve a dispute. Such an order is called an interlocutory order.

See Also

Decree (Civil Process) Injunction (Civil Process) Judgment (Civil Process).

Analysis and Relevance

An order can be used to address either the central or an incidental issue in a case. An order can be issued to conclude an action at some preliminary point. An order is commonly used at the conclusion of civil actions as a means of executing a judgment. If a jury decides a plaintiff is entitled to damages, that judgment is often supported by an order to pay if the defendant fails to comply voluntarily. An example of an interlocutory order is the temporary restraining order. A restraining order prohibits a defendant from performing a particular act (or acts) until a hearing is held.

Notes and References

1. Definition of Order from the American Law Dictionary, 1991, California

Order Definition

Command; direction. An informal bill of exchange or letter of request requiring the party to whom it is addressed to deliver property of the person making the order to some one therein described. A designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. This order, in the case of negotiable paper, is usually by indorsement, and may be either express, as, Pay to C. D., or implied merely, as by writing A. B. (the payee’s name). See Indorsement. In French Law. The act by which the rank of preferences of claims, among creditors who have liens over the price which arises out of the sale of an immovable subject, is ascertained. Dalloz. In Governmental Law. By this expression is understood the several bodies which compose the state. In ancient Rome, for example, there were three distinct orders, namely, that of the senators, that of the patricians, and that of the plebeians. In the United States there are no orders of men; all men are equal in the eye of the law. See Rank.

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Legal Issue for Attorneys

Command; direction. An informal bill of exchange or letter of request requiring the party to whom it is addressed to deliver property of the person making the order to some one therein described. A designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. This order, in the case of negotiable paper, is usually by indorsement, and may be either express, as, Pay to C. D., or implied merely, as by writing A. B. (the payee’s name). See Indorsement. In French Law. The act by which the rank of preferences of claims, among creditors who have liens over the price which arises out of the sale of an immovable subject, is ascertained. Dalloz. In Governmental Law. By this expression is understood the several bodies which compose the state. In ancient Rome, for example, there were three distinct orders, namely, that of the senators, that of the patricians, and that of the plebeians. In the United States there are no orders of men; all men are equal in the eye of the law. See Rank.

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This definition of Order Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Order as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A decision issued by a court. It can be a simple command for example, ordering a recalcitrant witness to answer a proper question during a trial or it can be a complicated and reasoned decision made after a hearing, directing that a party either do or refrain from doing some act.