Legal Definitions - special order

In a legal context, a special order refers to a specific directive or command issued by a court, judge, or administrative agency that addresses a particular, often unique, circumstance or request. Unlike general rules, statutes, or standard procedures that apply broadly, a special order is tailored to a specific situation, party, or set of facts. It often grants an exception, imposes a specific requirement, or directs a particular action that falls outside routine proceedings.

Here are some examples to illustrate the concept:

• Example 1: Evidentiary Ruling in a Trial

  During a complex civil lawsuit involving proprietary technology, one party seeks to introduce a highly sensitive document as evidence. Standard discovery rules might normally require such a document to be fully disclosed to the opposing side. However, due to the unique nature of the information and potential harm to trade secrets, the judge might issue a special order. This order could mandate that the document only be viewed by the opposing counsel and their designated experts, under a strict confidentiality agreement, rather than being made public or fully accessible to the opposing party's entire team. This is a special order because it's a specific, tailored directive addressing a unique evidentiary challenge.

• Example 2: Administrative Exemption for a Project

  A city's zoning ordinance generally prohibits construction exceeding a certain height in a particular historic district to preserve its character. A developer proposes building a new cultural center that, due to its architectural design and public benefit, would slightly exceed this height limit. After reviewing the specific plans, public input, and the unique community value of the project, the city's planning commission might issue a special order. This order would grant a specific, limited exemption from the height restriction solely for this particular cultural center project, outlining precise conditions for its construction. This is a special order because it's an administrative directive creating an exception to a general rule for a specific, unique undertaking.

• Example 3: Child Custody Modification

  In a child custody case, one parent is ordered to pay child support. However, that parent unexpectedly suffers a severe, long-term disability that significantly impacts their ability to work and earn income. While standard child support orders are typically fixed for a period, the parent can petition the court for a modification. After reviewing the specific medical evidence and financial impact, the family court judge might issue a special order temporarily reducing the child support obligation or restructuring the payment plan to accommodate the parent's unique and unforeseen circumstances. This is a special order because it's a specific judicial directive adjusting a standard obligation based on a particular, unique change in circumstances.