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  1. #1
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    Default Until Further Order of the Court

    My question relates to legal practice in the state of: Illinois

    Court Orders use the term "until further order of this court" and many lawyers state that this term means "The order remains in effect until it expires according to its terms, or the court issues a new order on the issue." Does anyone know of any cited case law, from Illinois, that clearly makes that statement and/or defines the meaning of "until further order of this court" if the only expiring specification reads "until further order of this court"? Is there any cited Illinois case law or Illinois procedure that explains what "on the issue" means?

  2. #2
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    Default Re: Until Further Order of the Court

    Both of the phrases you ask about are plain language terms. They have no other legal meaning that would be explained or defined in the common law.

    Your understanding of the phrase until further order of this court appears to be a good one. But it depends on the court order to know if there is a time certain or a condition that has to be met by the parties to know if the order is no longer enforceable. Or in your terms, expires.

    If in the issue of child support, the court orders defendant to pay $50.00 per week until the child's 16th birthday, then when the child is 16 the order no longer has an enforceable affect unless it also says or until further order of the court. Meaning the court could subsequently change the order.

  3. #3
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    Default Re: Until Further Order of the Court

    Quote Quoting TOJASO
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    My question relates to legal practice in the state of: Illinois

    Court Orders use the term "until further order of this court" and many lawyers state that this term means "The order remains in effect until it expires according to its terms, or the court issues a new order on the issue." Does anyone know of any cited case law, from Illinois, that clearly makes that statement and/or defines the meaning of "until further order of this court" if the only expiring specification reads "until further order of this court"? Is there any cited Illinois case law or Illinois procedure that explains what "on the issue" means?
    You have to read the entire order and the exact phrasing used to determine how long any particular provision in order will be in effect. The phrase "until further order of the court" is used most often in temporary orders where the court expects that a later ruling will make a final determination of the matters in the temporary order. But without reading the specific order, it's impossible to say what effect that phrase has. Literally it means that the order stays in effect until another order of the court supercedes it, but other things in the order or some statute or rule may impose some time limit where the order terminates prior to the court issuing another order.

  4. #4
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    Default Re: Until Further Order of the Court

    The wording on my order reads "stay is granted until further order of this court". It is general matter. This stay is not a family or child related stay and not a bankruptcy or foreclosure stay. There will be other motions filed in my matter, but will the next order be considered a further order of the court if it doesn't reference the stay?

  5. #5
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    Default Re: Until Further Order of the Court

    Quote Quoting TOJASO
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    The wording on my order reads "stay is granted until further order of this court". It is general matter. This stay is not a family or child related stay and not a bankruptcy or foreclosure stay. There will be other motions filed in my matter, but will the next order be considered a further order of the court if it doesn't reference the stay?
    Like a lot of people you are probably making much of something that may turn out to be inconsequential. The stay is in effect until the court says it isn't However, there may be further order that effectively lift the stay without actually saying that the stay is lifted.

    Example: There's a judgment against you to pay the other guy $500. You file an appeal. As part of the appeal process the court stays the payment requirement pending the results of the appeal. You lose the appeal. The court says "Now you pay." No specific mention of lifting the say but "Now you pay" effectively lifts the stay without saying so.

    You're just going to have to wait and see what the next order says.

  6. #6
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    Default Re: Until Further Order of the Court

    Quote Quoting TOJASO
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    The wording on my order reads "stay is granted until further order of this court". It is general matter. This stay is not a family or child related stay and not a bankruptcy or foreclosure stay. There will be other motions filed in my matter, but will the next order be considered a further order of the court if it doesn't reference the stay?
    Then until the court issues an order terminating or modifying the stay it remains in effect as specified in the order. The phrase does not mean until just any order. It means until the court issues a further order that deals with the stay.

  7. #7
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    Default Re: Until Further Order of the Court

    Do you by chance have or know of any Illinois case law that supports your answer?

  8. #8
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    Ohio
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    Default Re: Until Further Order of the Court

    There is no case law dealing with "clear meaning" language as such here.

  9. #9
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    Jul 2019
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    Default Re: Until Further Order of the Court

    Thank you for your answer. I guess the interpretation is per the plain meaning of the language. It is such an universal instruction found in court orders that one would think there would be a case law defining it's meaning or find that the order requires a further order addressing the stay. I couldn't find a case law so I thought I would ask. Thank you again.

  10. #10
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    Sep 2018
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    Ohio
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    Default Re: Until Further Order of the Court

    Here is an example of a "non plain meaning" word, if you will. Is a Tomato a Fruit or a Vegetable?

    https://en.wikipedia.org/wiki/Nix_v._Hedden

    I might add, sure, there are case law decisions for "Statutory Construction" of words and phrases, but clear meaning is just that, unambiguous

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