(2)2.1 Orders of the Court: Difference between revisions
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= (2)2 Orders of the Court = | = (2)2.1 Orders of the Court = | ||
== (2)2.1 Authority to Issue Orders == | == (2)2.1.1 Authority to Issue Orders == | ||
A court of competent jurisdiction may issue any order necessary to exercise its lawful authority, ensure the orderly administration of justice, protect the rights of parties, and enforce compliance with this code. | A court of competent jurisdiction may issue any order necessary to exercise its lawful authority, ensure the orderly administration of justice, protect the rights of parties, and enforce compliance with this code. | ||
== (2)2.2 Types of Orders == | == (2)2.1.2 Types of Orders == | ||
The court may issue, including but not limited to, the following orders: | The court may issue, including but not limited to, the following orders: | ||
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(h) Orders of contempt and enforcement. | (h) Orders of contempt and enforcement. | ||
== (2)2.3 Standard for Issuance == | == (2)2.1.3 Standard for Issuance == | ||
An order of the court shall be issued only upon lawful authority and, where required, a showing of probable cause, good cause, or other applicable legal standard. | An order of the court shall be issued only upon lawful authority and, where required, a showing of probable cause, good cause, or other applicable legal standard. | ||
== (2)2.4 Scope and Duration == | == (2)2.1.4 Scope and Duration == | ||
Unless otherwise specified by law or by the court, an order remains in effect until: | Unless otherwise specified by law or by the court, an order remains in effect until: | ||
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(d) Final disposition of the proceeding. | (d) Final disposition of the proceeding. | ||
== (2)2.5 Modification and Rescission == | == (2)2.1.5 Modification and Rescission == | ||
The court may modify or rescind an order upon motion of a party or on its own initiative, provided such action is consistent with law and due process. | The court may modify or rescind an order upon motion of a party or on its own initiative, provided such action is consistent with law and due process. | ||
== (2)2.6 Enforcement == | == (2)2.1.6 Enforcement == | ||
Failure to comply with a lawful order of the court may result in sanctions, including contempt proceedings or other remedies authorized by law. | Failure to comply with a lawful order of the court may result in sanctions, including contempt proceedings or other remedies authorized by law. | ||
Latest revision as of 08:37, 15 December 2025
(2)2.1 Orders of the Court
(2)2.1.1 Authority to Issue Orders
A court of competent jurisdiction may issue any order necessary to exercise its lawful authority, ensure the orderly administration of justice, protect the rights of parties, and enforce compliance with this code.
(2)2.1.2 Types of Orders
The court may issue, including but not limited to, the following orders:
(a) Arrest warrants and bench warrants;
(b) Search warrants and orders authorizing seizure;
(c) Summonses and subpoenas;
(d) Orders governing bail, release, detention, or conditions thereof;
(e) No-contact, protection, or restraining orders;
(f) Orders compelling or restricting conduct of a party;
(g) Scheduling, administrative, and case-management orders; and
(h) Orders of contempt and enforcement.
(2)2.1.3 Standard for Issuance
An order of the court shall be issued only upon lawful authority and, where required, a showing of probable cause, good cause, or other applicable legal standard.
(2)2.1.4 Scope and Duration
Unless otherwise specified by law or by the court, an order remains in effect until:
(a) It is satisfied;
(b) It expires by its own terms;
(c) It is modified or rescinded by the issuing court or a court of competent jurisdiction; or
(d) Final disposition of the proceeding.
(2)2.1.5 Modification and Rescission
The court may modify or rescind an order upon motion of a party or on its own initiative, provided such action is consistent with law and due process.
(2)2.1.6 Enforcement
Failure to comply with a lawful order of the court may result in sanctions, including contempt proceedings or other remedies authorized by law.