Glossary of Court Order Terms Hutchinson KS

bench warrant- An order issued by a judge commanding a suspect or witness to appear before the court in a criminal matter. Failure to obey a bench warrant is also a crime punishable by jail.

commutation- The executive act of reducing a criminal sentence. It is also known as executive clemency. Commutation often suggests that the penalty was excessive or there has been substantial rehabilitation. However, commutation is more often used when there is evidence that the defendant was not guilty.

execution- Enforcement of a judgment, usually performed by a deputy sheriff or deputy marshal.

interim order- A temporary order pending a hearing and final order on the matter.

non-modifiable order- A court order that cannot be modified by the court regardless of any change in the circumstances of the parties. Some spousal support orders are non modifiable, generally by agreement of the parties.

order- Any directive issued by a judge ordering someone to do or not to do something. A person that disobeys a court order is guilty of contempt of court and can be incarcerated. Restraining orders are a good example.

relief from judgment- A court order relieving a party from the effect of a judgment (generally for support or property distribution) based on such things as fraud, duress, perjury, and the like.

reversal- A high court’s decision to reverse the outcome at the trial court such that the case must be tried over or the criminal action dismissed. This will happen when the reviewing court finds an error of law or substantial prejudice in the proceedings.

stay- A court order delaying a court eviction order for some limited period of time.

stay of execution- A court order delaying the execution of a convicted felon.

stipulation- An agreement between the parties (and usually their lawyers) made in court and presented to the judge, who will make an order based on the matters agreed to. For example, if the parties stipulate to a certain amount of spousal support, the court will make an order consistent with that stipulation.

summons - A document issued by a court informing a person that he has been sued and has a stated number of days to file response papers to avoid a default judgment.

judicial verdict- At the conclusion of a trial the defendant will receive the decision of the judge regarding the defendant’s guilt or innocence. The trial court, when it acts as the trier of fact, can also render a verdict. All verdicts are subject to appeal and review by a higher court.

warrant- A judicially backed order directing law enforcement to arrest or search the person or premises of a suspect. A warrant must be based on declaration establishing a specific factual basis for probable cause that a crime was committed or in the process of being committed.

writ of possession- A court order commanding a sheriff or marshal to physically evict a tenant within a specified number of days (usually about 5). A writ of possession will be issued only after a judgment has been entered.

writ of restitution- Same as a writ of possession.

For more information on courts and court orders, injunction, warrants and court civil and criminal procedure, go to GotTrouble.com