Also known as: in-order · proper · allowable
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A state of readiness for business or formal proceedings. A meeting or assembly reaches this state when all preliminary requirements have been satisfied and business may lawfully begin.
A motion or matter that is available and appropriate for consideration under the applicable procedural rules. A proposal satisfies this standard when it conforms to timing, form, and subject-matter restrictions imposed by the governing authority.
A state of readiness for business or formal proceedings. A meeting or assembly reaches this state when all preliminary requirements have been satisfied and business may lawfully begin.
Select any source to read its text and confirm it supports the definition.
A motion or matter that is available and appropriate for consideration under the applicable procedural rules. A proposal satisfies this standard when it conforms to timing, form, and subject-matter restrictions imposed by the governing authority.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Representative Ibarra introduces a bill imposing a uniform excise tax on imported fuel. Because the measure originates in the House and falls within Congress's enumerated powers, the Speaker rules that the bill is in order for debate and vote.
Plaintiff Ireland moves under Rule 15 to add a previously misidentified supplier as a defendant. The supplier knew of the suit within the service period and should have realized it was the intended party, so the amendment is in order and relates back.
Prosecutor Irving seeks to introduce a prior statement by a witness who died after the defense intimidated him into silence. Because the proponent did not procure the unavailability, the statement is in order for admission under Rule 804.
Judge Ingram plans to lecture at a law school on constitutional history. The topic will not interfere with docket management or create frequent recusals, so the lecture is in order under the judicial conduct rules.
Attorney Ishikawa receives a subpoena seeking client files. The client refuses consent and no exception applies, so the lawyer concludes that disclosure is not in order and moves to quash the subpoena.
Buyer Icarus Aviation, a forum resident, sues out-of-state seller Ironclad Industries for breach of a multi-year supply agreement containing a forum choice-of-law clause. The seller's purposeful, ongoing contacts make personal jurisdiction in order.
A motion is in order when it complies with timing, form, and subject-matter limits set by the governing rules or bylaws. A motion is out of order when it violates those limits or conflicts with a previously adopted motion that remains in effect.
Supporting sources
Yes, provided the activity does not interfere with judicial duties, lead to frequent disqualification, or appear to undermine judicial independence or impartiality.
Disclosure is in order only when the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or an express exception in paragraph (b) applies.
…to the Secretary of State to be sealed and recorded, it is irrevocable; the appointment is complete. A mandamus is the proper remedy to compel a Secretary of State to deliver a commission to which the party is entitled. A justice of the peace in the District of Columbia is not removable at the will of the…