An Order refers to a formal written direction typically given by a member of the court.
A direction or command delivered by a court or other adjudicative body and entered into the record but not necessarily included in the final judgment or verdict.
Duhaime Legal Dictionary
The formal written judgment of a member of the judiciary on behalf of his/her court, as the record of its decision in a disputed and litigated matter.
1) n. every direction or mandate of a judge or a court which is not a judgment or legal opinion (although both may include an order) directing that something be done or that there is prohibition against some act. This can range from an order that a case will be tried on a certain date, to an order that a convicted defendant be executed at the state prison. 2) v. for a judge to direct that a party before the court perform a particular act or refrain from certain acts, or to direct a public official or court employee (like a sheriff) to take certain actions such as seizing property or arresting an AWOL defendant.
Written instruction or direction given by a judge.
The Free (Legal) Dictionary
Direction of a court or judge normally made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings.
The decision of a court or judge is made in the form of an order. A court may issue an order after a motion of a party requesting the order, or the court itself may issue an order on its own discretion. For example, courts routinely issue scheduling orders, which set the timetable and procedure for managing a civil lawsuit. More substantive orders, however, typically are made following a motion by one of the parties.
A motion is an application for an order. The granting or denying of a motion is a matter of judicial discretion. When a motion is granted, the moving party (the party who requests the motion) is ordinarily limited to the relief requested in the application. Although no particular form is required, a court order granting a motion should be sufficiently explicit to enable the parties to do whatever is directed. Though a court is not obligated to issue an opinion, in most cases a party is entitled to have the reasons for the decision of the court stated in the order. The order must be consistent with the relief requested in the motion, and it should set forth any conditions on which relief is awarded.
In trial courts the attorney for a party who obtains a favorable ruling usually has the responsibility of writing a proposed order. A copy of the proposed order is furnished to the other party so that he or she can propose amendments to it. It is then presented to the court for settlement and approval. Courts are free, however, to modify proposed orders or to write their own order. Appellate courts routinely write their own orders.
A court order (or court ruling) is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdiction may require it to be notarized.
The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings.
An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the judge in open court, and are only reduced to writing in the transcript of the proceedings.