Define: Decretal Order

Decretal Order
Decretal Order
Quick Summary of Decretal Order

A decretal order is a written directive issued by a court or judge, which can be either a final ruling or a temporary instruction. It compels a party involved in a legal case to perform a specific action or adhere to a particular procedure. Various types of orders exist, including filiation orders that establish paternity and child support, as well as stop orders that guide brokers to buy or sell securities at a predetermined price. Orders can also be categorized as market or limit orders, day or open orders, and stop-loss or stop-limit orders.

Full Definition Of Decretal Order

A decretal order is a written direction or command given by a court or judge in a legal case. It can be either final or temporary and is specific to a particular matter. For example, in a divorce case, a decretal order may be issued by a court of chancery upon the motion of a party. This order has the effect of a final decree and may direct one party to pay child support to the other party. However, it is important to note that this order is temporary and can be modified later based on the circumstances of the case.

Decretal Order FAQ'S

A Decretal Order is a legal document issued by a court that sets out the court’s decision or ruling on a particular matter in a civil case.

While both terms are often used interchangeably, a Decretal Order typically refers to the court’s decision on a specific issue within a case, whereas a Decree is a final judgment that resolves the entire case.

A Decretal Order can address various issues, such as granting or denying a motion, determining the admissibility of evidence, awarding damages, or issuing an injunction.

Yes, a Decretal Order can generally be appealed if the party is dissatisfied with the court’s decision. However, the specific rules and procedures for appealing may vary depending on the jurisdiction.

The time it takes to obtain a Decretal Order can vary significantly depending on the complexity of the case, the court’s caseload, and other factors. It can range from a few weeks to several months or even years.

In certain circumstances, a Decretal Order can be modified or revoked. This usually requires filing a motion with the court and demonstrating a substantial change in circumstances or an error in the original order.

If a party fails to comply with a Decretal Order, the other party can seek enforcement through various legal remedies, such as filing a motion for contempt or requesting additional court orders to ensure compliance.

Enforcing a Decretal Order in another jurisdiction can be complex and may require the involvement of the courts in both jurisdictions. It often involves a process called “domestication” or “recognition” of the order in the foreign jurisdiction.

Under certain circumstances, a Decretal Order can be set aside or vacated. This typically requires showing that there was a fundamental error or irregularity in the proceedings that led to the order.

While a Decretal Order may not have the same precedential value as a published court opinion, it can still be persuasive authority in future cases. However, its weight as precedent may depend on the specific circumstances and the court’s discretion.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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