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interim order : ウィキペディア英語版
interim order
The term interim order refers to an order issued by a court during the pendency of the litigation. It is generally issued by the Court to ensure Status quo. The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "''Actus curiae neminem gravabit''" which, translated to (English,) stands for "''an act of the court shall prejudice no one''". Therefore, to ensure that none of the interests of the parties to the litigation are harmed, the court may issue an interim order.
Interim orders issued by the court may be of various kinds. The nature of the order essentially depends on the direction issued by the Court. Some examples of court orders classified as interim orders include:
* Restraining orders (also called ''Injunction''), which are issued to stop either party from acting in a particular manner during the pendency of the civil action. These are essentially issued by the court to prevent situations in which either party may suffer harm because the other party did/continued an act which was the matter in issue; and
* Directive orders, which are issued to direct either party to continue to act in a particular manner until the conclusion of the trial or until further orders are issued. Directive orders may be issued if the non-continuation of the act would cause harm to the other party.
In public international law, the "rough equivalent"〔 of an interim order is a provisional measure of protection, which can be "indicated" by the International Court of Justice.〔, see page 95〕
==Requirement for Interim order==
The manner and exercise of powers by the courts are prescribed under the laws of most nations. These may be either enacted by legislation in the form of procedural laws of the country (as done by, for example, the United Kingdom under the Civil Procedure Rules 1998 or are left by the legislature for the courts to determine for themselves (for example the Federal Rules of Civil Procedure). It is under these procedural laws that the power to issue interim orders may be conferred on the courts.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「interim order」の詳細全文を読む



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