The judicial order is a type of resolution prepared by a judge that resolves a part of the process, but does not resolve on the merits of the matter.
This type of resolution is not the same as the sentence since the sentence resolves on the merits of the controversial matter.
Instead, the order only resolves incidental issues without entering into a debate on the claims of the parties.
Characteristics of the judicial order
The main essential notes of the court orders:
- They are issued by a judicial body during the course of a judicial process.
- It is a type of resolution used in all jurisdictions (civil, criminal, commercial, etc.).
- It ends the procedure, but does not solve the conflict.
- They must be motivated.
- They are also called an interlocutory judgment.
- By law, some procedural incidents may be resolved by auto, for example, admission to trial in criminal proceedings.
- They have to have a specific shape. First point out the facts, then the legal grounds and then what has been resolved in this regard.
- It is resolved by auto, incidental issues, nullity, resolutions of appeals against orders.
- If we were only talking about cars and not court orders, the definition would refer to the set of documents that make up the documentation of a judicial procedure.
Court order and other resolutions
To better understand the order, it is necessary to make a distinction with other types of judicial decisions that are issued during the judicial process:
Types of judicial order
There are two types of cars:
- Interlocutory orders: They resolve on formal questions that are not correct for the legal requirements related to the judicial process. However, they can affect the normal functioning of the process since if they are not corrected, the judge may not decide on the merits.
- Substantiation orders: They are those that give procedural impetus to the case so that it continues its processing.