Written by attorneys · grounded in primary & secondary sources — see below
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.
Sources & Authorities
How it applies
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.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Divorce Does Not Revoke Will Provision
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.
Common questions
Frequently Asked
5
Must a judicial order be in writing?+
Yes. A judicial order is a written direction or command delivered by a court or judge.
Supporting sources
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)Constitutional Law
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