Legal Definitions - common order

A common order, also known as a conditional judgment, is a ruling issued by a court that does not become fully effective or final until certain specified conditions are either met or not met by one or more parties involved in the case. The court sets out these conditions and often a deadline for their fulfillment. If the conditions are satisfied, the order takes its intended effect; if they are not, a different outcome, often predetermined by the court, will occur.

Here are some examples to illustrate how a common order works:

• Example 1: Property Dispute Resolution

  In a dispute between neighbors over a shared fence, a court might issue a common order stating that Neighbor A must pay Neighbor B $5,000 for their share of the fence repair costs. However, this payment order is conditional on Neighbor B providing proof of payment to the contractor for the completed repairs within 30 days. If Neighbor B provides the proof, Neighbor A must pay. If Neighbor B fails to provide the proof within the deadline, the payment obligation on Neighbor A might be voided, or the court might impose a different resolution.

  This illustrates a common order because the finality of Neighbor A's payment obligation is contingent upon Neighbor B fulfilling a specific condition (providing proof of payment) within a set timeframe.

• Example 2: Business Contract Performance

  A software development company (Company X) sued a client (Company Y) for non-payment after delivering a custom application. The court might issue a common order stating that Company Y must pay Company X the outstanding balance of $50,000. However, this payment is conditional on Company X providing a final, bug-free version of the software and all associated documentation to Company Y within 60 days. If Company X meets this condition, Company Y must pay. If Company X fails to deliver the bug-free software and documentation within 60 days, Company Y's payment obligation might be reduced or eliminated, or Company X might face penalties.

  This demonstrates a common order because Company Y's obligation to pay is dependent on Company X fulfilling the condition of delivering a complete and functional product within the court-specified period.

• Example 3: Child Custody Modification

  In a child custody case, a parent (Parent A) sought to modify the visitation schedule, alleging the other parent (Parent B) was not providing a safe environment. The court might issue a common order granting Parent A increased visitation, but this increase is conditional on Parent A completing a certified parenting course and attending family counseling sessions with the child within three months. If Parent A successfully completes these requirements, the increased visitation schedule becomes permanent. If Parent A fails to meet these conditions, the original visitation schedule remains in effect, or the court might revisit the matter with a different outcome.

  This is an example of a common order because the modification of the custody arrangement is contingent upon Parent A fulfilling specific conditions (completing a course and counseling) within a defined period.