What is a court order? This question is asked by citizens who are faced with the judicial system. It has its own characteristics that directly affect the rights and interests of process participants.
What is meant
The decision is made to name any court decision, namely:
The concept of "resolution" applies primarily to acts of a supervisory authority. This applies to civil proceedings. A similar norm is prescribed in the CAS of the Russian Federation.
Ship acts in production, according to the Code of Administrative Offenses, decisions are drawn up in the form of definitions and orders. The second category is a substantive decision.
In the criminal process, sentences, rulings, decisions are accepted. The arbitration process is characterized by the adoption of decisions, the definitions are either an interim decision or an act of a higher court as a result of a review of the case. Thus, the answer to the question of what such a decision depends on the type of legal proceedings and the stage at which the case is.
The decision is the main judicial act
The decision is the main judicial act to which attention is drawn. There are special requirements for it, in terms of the procedure for adoption and content. What is a court order in this case?
The decision reflects the opinion of the court in the lawsuit:
what circumstances took place and which did not;
which ones matter;
what evidence was presented by the parties, their assessment;
the reasons for the denial of the claim or its satisfaction;
timing and appeal procedure.
The decision shall indicate the court and the judges who adopted the act, and the date of adoption. What is a decree for a plaintiff? The answer to his requirements, even if they are formulated incorrectly from a legal point of view, the court does not have the right to go beyond them. The exception applies only to administrative cases (CAS). Here, the court has the right to make a decision, not limited to the scope of the plaintiff's statements. It takes into account the inequality of the position of the plaintiff and defendant and the specifics of the public administration system.
Definition Types
What is a court ruling, its significance in terms of making decisions? They are taken by the court of first instance as interim decisions (decision to take a claim, set a meeting, postpone its consideration, decide on the appointment of an examination, etc.)
What does it look like?
court name, surnames and initials of judges;
date, participants in the meeting;
resolved issue;
the decision of the judge with the reason for refusal or acceptance of the application;
procedure and deadline for filing a complaint.
The judge has the right to remove them from the deliberation room.
What is a court order in a special proceeding? The law provides for procedures for establishing facts or resolving issues of particular importance, where at the same time there is no dispute of interested parties. In particular, the establishment of the fact, ownership of the document, adoption of a child or refusal in it, etc.
For each type of case of a special proceeding, individual content requirements have been established (questions resolved by the court, possible answers to each of the requirements, etc.).
Decisions are made by the appellate, cassation instances, with the exception of the case when a new decision is made after the cancellation of the previously adopted.
Supervisory Order and Order
Order - a court decision on an application without calling the parties, solely on the basis of documents provided by the applicant. The debtor has the right to declare the cancellation of the order, subject to the deadline.
For example, the collection of tax debt is carried out by means of requests for the issuance of an order. Such cases, as a rule, are not complicated, there is no dispute as such, and the other side does not want to pay what is required. An example is tax debt, child support.
A ruling may be a replacement for previous decisions or a change to previous decisions. Rarely, when the highest authority fully resolves the case itself. Instructions are given on what to find out and what errors to fix, and the materials are sent to one of the previous instances. Formally, the higher authority cannot predetermine the outcome of the case, but everything happens differently, the execution of the decision leads to a completely predictable result. The tasks of the supervisory authority are performed by a special panel of judges - the Presidium.
What is a civil court order? One of the decisions taken in any case, at any stage, in any instance.