Also known as: authorize by court order · court-ordered authorization · court order · judicial authorization
Written by attorneys · grounded in primary & secondary sources — see below
A judicial directive that permits a party to engage in conduct otherwise prohibited or restricted by statute, rule, or common law. The order supplies the necessary legal authority for the action and shields the actor from liability or sanctions that would otherwise attach.
Abigail Alvarez is subpoenaed to testify in a criminal trial about a conversation she overheard. After the court issues an order compelling her appearance and testimony, she still refuses to answer questions on the stand. Because the refusal occurs despite the court order, the prosecution may later treat her as unavailable under the evidence rules.
Anthony Arnold represents a client in ongoing litigation. A separate federal statute requires disclosure of certain financial records. Arnold obtains a court order expressly authorizing release of the records. Relying on that order, he turns over the documents without violating his duty of confidentiality.
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Andre Antoine's will names his then-spouse Ava Adebayo as sole beneficiary of his brokerage account. After their divorce, a court order entered in the marital dissolution proceeding expressly preserves the designation. The order prevents automatic revocation of the gift under the probate statute.
Albert Allen obtains a court order authorizing reentry onto commercial property occupied by a former tenant. Relying on the order, Allen uses reasonable force to regain possession. The court order supplies the legal privilege that shields him from trespass liability.
Amber Alonzo is the beneficiary of a trust containing a spendthrift clause. Her former spouse obtains a court order requiring payment of child support arrears from the trust. The order renders the spendthrift provision unenforceable against the support claim, allowing the trustee to make distributions directly to the former spouse.
Atlas Ventures' lawyer seeks to interview a key employee of opposing party Aurora Biotech about settlement figures. The court issues an order expressly authorizing the contact despite the employee's representation by counsel. Relying on the order, the lawyer conducts the interview without violating the no-contact rule.
A court order supplies the necessary authorization for a lawyer to reveal information that would otherwise be protected by Rule 1.6. The order must be obtained before disclosure occurs and must specifically permit the release.
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Yes. A spendthrift clause is unenforceable against a court order for support or maintenance owed to a beneficiary's child, spouse, or former spouse. The order creates an exception that permits the trustee to make distributions to satisfy the judgment.
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A witness who refuses to testify about the subject matter despite a court order compelling testimony is considered unavailable. The refusal must persist after the order is issued for the exception to apply.
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