Also known as:orders · ordering · ordered · court order
Written by attorneys · grounded in primary & secondary sources — see below
A command or direction issued by a court, judge, or other governmental authority that requires a party to take or refrain from a specified action.
Sources & Authorities
How it applies
Common Examples
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Burglary Breaking Determination
Odin Obeng approached a closed but unlocked side door of a residence at night. He turned the knob and pushed the door open with minimal pressure to enter and commit theft. The court issued an order treating the entry as a breaking because the slight force used satisfied the actual-breaking element.
Revenue Bill Presentment
Opal Okoro sponsored a revenue bill in the House that later passed both chambers. The President received the bill but returned it with objections within ten days. The House entered the objections on its journal and reconsidered the measure under the presentment order requirement.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Orion Orlov sued a represented defendant. The plaintiff attempted direct service on the party rather than the attorney. The court held that service must be made on the attorney unless the court expressly orders otherwise.
Prior Inconsistent Statement
Oakley Osei testified at trial. The opposing party sought to introduce extrinsic evidence of a prior inconsistent statement. The court required that the witness first be given an opportunity to explain or deny the statement before admitting the extrinsic evidence unless the court orders otherwise.
Disclosure Under Court Order
Orlando Okafor learned that a court order required production of client information. The lawyer disclosed the limited information necessary to comply with the order while taking steps to protect other privileged material.
Tenant Property Alteration
Oswald Orozco leased commercial space and installed shelving units necessary for reasonable use of the premises. The landlord objected, but the lease contained no contrary agreement. The court issued an order confirming the tenant's changes were permissible because they were reasonably necessary under the circumstances.
Common questions
Frequently Asked
6
What distinguishes an actual breaking from a constructive breaking in burglary?+
Actual breaking requires the defendant to use some force, even minimal force such as opening a closed but unlocked door. Constructive breaking occurs when entry is gained by fraud, threats, or through the chimney.
Must every order, resolution, or vote of Congress be presented to the President?+
Yes. Every order, resolution, or vote requiring the concurrence of both houses, except on adjournment, must be presented to the President before taking effect.
When must service be made on an attorney rather than the party?+
When a party is represented by an attorney, service must be made on the attorney unless the court orders service directly on the party.
When may extrinsic evidence of a prior inconsistent statement be introduced?+
Extrinsic evidence may not be admitted until the witness has been given an opportunity to explain or deny the statement and an adverse party has had an opportunity to examine the witness about it, unless the court orders otherwise.
When may a lawyer disclose information to comply with a court order?+
A lawyer may disclose information to comply with other law or a court order.
Under what circumstances may a tenant make physical changes to leased property?+
A tenant may make changes reasonably necessary for reasonable use of the leased property unless the lease validly provides otherwise.
5 U.S. (1 Cranch) 137 (1803)Property
…had passed for one's benefit and a copy was needed in court, the clerks could prove the act is among the rolls. The court ordered the witnesses to be sworn and their answers to be taken in writing, informing them they might state objections to each particular question if any. Mr. Wagner testified he could not…