What is a Court Order?
A court Order [or judgment*] is a written pronouncement by a Court of its decision on issues regarding the rights of a party to a lawsuit and serves several purposes, A “judgment” is the official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination, and it is the expression of the court’s decision that constitutes the rendition of the judgment. People ex rel. Schwartz v. Fagerholm, 1959, > 17 lll.2d 131, 161 N.E.2d 20. In the first instance and especially significant in cases where there is no reporter or recording device present at the hearing, the Order serves as a record of the proceedings and action of the Court and acts to preserve the record for future reference. Secondly, it establishes rights and creates duties upon the parties or others that are enforceable by the contempt power of the Court. A Judgment must be responsive to pleadings and relief should not be granted where not pleaded.
Zelko for Use of Oostema v. Homewood Sav. and Loan Ass’n, App.1959, > 20 III.App.2d 481, 156 N.E.2d 233. Thirdly, the Order may provide a basis for appeal. An Order is final and appealable when it terminates litigation on merits of case and determines rights of parties either upon entire controversy or upon some definite and separate part of it. Rizzo v. Board of Fire and Police Com’rs of Village of Franklin Park, Cook County, App. 1 Dist.1975, > 33 UI.App.3d 420, 337 N.E.2d 735
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