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The term interim order refers to an order issued by a court during the pendency of the
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
. It is generally issued by the Court to ensure
Status quo is a Latin phrase meaning the existing state of affairs, particularly with regard to social, political, religious or military issues. In the sociological sense, the ''status quo'' refers to the current state of social structure and/or values. ...
. The rationale for such orders to be issued by the Courts is best explained by the Latin
legal maxim A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation ex ...
"''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 A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection o ...
(also called ''Injunction''), which are issued to stop either party from acting in a particular manner during the pendency of the
civil action - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
. 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 an interim order

The manner and exercise of powers by the courts are prescribed under the
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
s of most nations. These may be either enacted by legislation in the form of
procedural law Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are ...
s of the country (as done by, for example, the United Kingdom under the
Civil Procedure Rules 1998 The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil ...
or are left by the legislature for the courts to determine for themselves (for example the
Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...
). It is under these procedural laws that the power to issue interim orders may be conferred on the courts.


India

In India, interim orders may be passed by
civil courts - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
in matters before them. Such orders can be passed either under the ''Specific Relief Act'' passed by the Parliament of India in 1963 or in terms of Section 151 of the ''Civil Procedure Code'' of 1908, which recognises and retains some ''inherent powers'' with the civil courts. However, the latter provision is usually seldom exercised. In terms of the 1963 Act, an interim order may be passed by the court only if the following conditions are satisfied; # Where there is a ''prima facie'' case in favour of the party seeking the order, # Irreparable damage may be caused to the party if the order is not passed and such damage may not be ascertained in terms or money and payable as
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
, and # Where the balance of convenience lies with the party requesting for the order.


European Court of Human Rights

The European Court of Human Rights in Strasbourg, France, may grant interim measures to prevent a state from carrying out an action that could cause irreparable harm before the court has had an opportunity to hear and/or decide a case. The most common circumstance for when interim measures are granted is in cases of extradition or deportation where there is valid evidence that the detainee or asylum seeker would be at risk of torture or the death penalty. Under the court's case law, sending someone to a country where it is reasonable to believe he or she would be tortured amounts to a violation of Article 3 of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, which prohibits torture. Interim measures are temporary and expire once the court has made a final decision. They are also sometimes referred to as precautionary or preliminary measures.


European Court of Justice

Interim measures may be granted by the President of the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Uni ...
. See List of European Court of Justice rulings#Interim orders.


See also

*
Court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of ...
*
Injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in ...
*
Civil action - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
* Trial * Hearing (law)


References

{{DEFAULTSORT:Interim Order Court orders