A written direction or command delivered by a court or judge that requires a party to take or refrain from a specified action. It resolves a subsidiary matter in a proceeding without disposing of the merits of the case.
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How its tested
Common Examples
6
Witness Refuses Testimony
Javier Jimenez is subpoenaed to testify in a criminal trial about a business transaction. The judge issues a judicial order compelling his appearance and testimony on the subject matter. When Jimenez still refuses to answer questions despite the order, the court treats him as unavailable under the evidence rules.
Lawyer Discloses Client Information
Joanna Jung represents a client in litigation and learns of a judicial order requiring production of certain documents. To comply with the order, Jung discloses limited client information that would otherwise be confidential. The disclosure is permitted because it fulfills the lawyer's duty to obey the judicial directive.
After Jillian James and her former spouse divorce, a court order entered in the marital dissolution proceeding expressly preserves a life-insurance beneficiary designation in favor of the former spouse. Because the judicial order overrides the statutory revocation rule, the designation remains effective upon James's death.
Urgent Reentry Without Waiting
Jada Jones believes her former landlord has wrongfully changed the locks on commercial premises she still claims. Because the circumstances create exceptional hardship if she must wait for a judicial order, Jones uses limited force to reenter immediately. The urgency exception excuses the need to obtain the order first.
Support Creditor Reaches Trust Assets
Jefferson Trust holds assets for beneficiary Jason Jung. Jung's former spouse obtains a judicial order requiring payment of child support arrears. The court order permits the former spouse to reach the trust assets despite a spendthrift provision in the trust instrument.
Partner Expelled by Court Order
Juarez Holdings, a limited partnership, petitions the court to expel general partner Judy Jacobs for misconduct. The court enters a judicial order expelling Jacobs under the partnership statute. The order terminates Jacobs's status as a general partner effective immediately.
5 common questions
Students Frequently Ask...
Must a judicial order be in writing?
Yes. A judicial order is a written direction or command delivered by a court or judge.
Does a judicial order always require a motion?
Under the Federal Rules of Civil Procedure, a request for a court order must be made by motion that states the relief sought and the grounds for it.
When may a lawyer disclose client information to comply with a judicial order?
A lawyer may reveal information relating to the representation of a client to comply with a court order.
How does a judicial order affect revocation of a will provision upon divorce?
A court order entered in a marital dissolution proceeding can expressly preserve a beneficiary designation that would otherwise be revoked by divorce under the probate code.
When may a spendthrift provision be overridden by a judicial order?
A spendthrift provision is unenforceable against a beneficiary's child, spouse, or former spouse who holds a judgment or court order for support or maintenance.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
…woman is mature and capable of giving informed consent to the proposed abortion, and has, in fact, given such consent. "(d) Court order.—If the court determines that the pregnant woman is not mature and capable of giving informed consent or if the pregnant woman does not claim to be mature and capable of giving informed…