Also known as:legal orders · court order · judicial order
Written by attorneys · grounded in primary & secondary sources — see below
A judicial directive issued by a court that requires a party to take or refrain from taking specific action.
Sources & Authorities
How it applies
Common Examples
6
Witness Refusal Triggers Unavailability
Laura Lewis receives a subpoena to testify at trial about an observed accident. Despite a legal order directing her to appear and answer questions on the subject, she refuses. The court therefore treats her as unavailable, permitting introduction of her earlier statements under the applicable hearsay exception.
Disclosure Permitted to Follow Order
Lola Langley, representing a client in litigation, learns that a legal order requires production of certain documents. She discloses the information to comply with the order. The disclosure is therefore permitted under the professional conduct rules governing client confidences.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Lars Lindstrom names his spouse as beneficiary on a life insurance policy. After their divorce, a legal order confirming the dissolution is entered. The designation is automatically revoked by operation of the probate statute, so the former spouse receives nothing under the policy.
Urgent Entry Justified Without Order
Leonard Lowe believes a trespasser has no claim to his land and that delay would cause exceptional hardship. He uses reasonable force to re-enter immediately rather than waiting for a legal order. The circumstances satisfy the defense to trespass under the penal code provision.
Support Judgment Reaches Trust Interest
Luna Lang is the beneficiary of a trust containing a spendthrift clause. Her former spouse obtains a legal order for child support. The court enforces the order against the trust interest because the spendthrift provision yields to judgments for support or maintenance.
Judicial Expulsion Removes Partner
Legacy Motors, a limited partnership, petitions the court after a general partner engages in misconduct. The court issues a legal order expelling the partner under the statutory provision. The partner is thereby removed from the entity without further internal action.
Common questions
Frequently Asked
6
When does a legal order make a witness unavailable under evidence rules?+
A legal order compelling testimony renders a witness unavailable if the witness refuses to testify about the subject matter despite the order. This triggers hearsay exceptions that require unavailability.
May a lawyer disclose client information to obey a legal order?+
A lawyer may disclose information to comply with a legal order or other law. The professional conduct rules expressly permit such disclosure when required by court order.
Does a legal order of divorce revoke a former spouse's beneficiary status?+
A legal order confirming divorce or annulment revokes revocable dispositions to the former spouse or the former spouse's relatives under the probate code, unless the governing instrument expressly provides otherwise.
When may force be used to regain land without first obtaining a legal order?+
Force may be used to re-enter land without a legal order when the actor believes the other party has no claim of right and circumstances create exceptional hardship from delay. The penal code recognizes this narrow justification.
Can a spendthrift provision block enforcement of a support legal order?+
A spendthrift provision is unenforceable against a beneficiary's child, spouse, or former spouse who holds a judgment or legal order for support or maintenance. The trust interest remains reachable to satisfy the order.
How does a legal order affect a general partner's status in a limited partnership?+
A legal order may expel a general partner for cause under the statutory grounds. Once entered, the order removes the partner from the entity without additional partnership action.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
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