Judicial Decisions Issued by Courts

Judicial Decisions Issued by Courts

All cases brought before the courts are examined, and a judicial decision is issued in each case. Decisions issued by courts take the form of judgments and orders.

Questions often arise regarding these two types of decisions, such as what distinguishes a judgment from an order and under what circumstances a court issues one rather than the other.

In this article, the court system is introduced in terms of hierarchy and classification, and the differences between judgments and orders are explained.

Enforcement of Judicial Decisions and Their Legal Stages

Classification of Judicial and Legal Authorities in Iran

The Supreme Court of Iran is the country’s highest judicial authority. It reviews decisions that have been appealed.

The second level of the judicial hierarchy comprises the Courts of Appeal, located in provincial capitals. Individuals who object to decisions issued by courts of first instance may file an appeal within the legally prescribed period.

The courts of first instance, also referred to as trial courts, constitute the primary level of the judiciary. Courts in Iran are classified by subject matter as family courts, general courts (including civil and criminal courts), military courts, and the Special Court for the Clergy.

Judgment

All of the aforementioned courts are authorized to issue judicial decisions. As noted, such decisions may take the form of a judgment or an order.

A decision qualifies as a judgment when it addresses the substance of the dispute or definitively resolves the case. In other words, once a judgment is issued, the judicial proceedings are concluded.

In civil matters, a judgment resolves the dispute; in criminal matters, it determines guilt and imposes punishment. A judgment is issued exclusively by a judge.

Types of Judgments

When a court issues a decision concerning the substance of the dispute, such judgments may be classified as follows:

• Final and non-final judgments.
• In personam and default judgments.
• Declaratory and constitutive judgments.
• Conclusive and non-conclusive judgments.

These judgments take effect prospectively and are enforceable unless a higher authority renders a different decision through appeal or review.

Judgments are issued in the form of a written decision and are decisive with respect to the dispute. They address the substance of the case and are issued in adversarial proceedings.

Order

One form of judicial decision issued by courts is an order. An order has a temporary effect and is issued for a specific procedural purpose. Under the Civil Procedure Code, if a decision does not address the substance of the dispute and does not conclusively resolve it, it is classified as an order. Therefore, any court decision that does not possess the characteristics of a judgment is considered an order.

Orders are issued in various forms, including:

• Preliminary orders.
• Conclusive orders.
• Quasi-conclusive orders.
• Interim or provisional orders.
• Non-final orders, among others.

Preliminary or Preparatory Orders

These orders are issued to prepare the case for a final judgment and are rendered before the conclusion of proceedings. Examples include orders for expert examination, suspension of proceedings, local investigation, taking an oath, and site inspection.

Interim or Provisional Orders

These orders are issued temporarily to prevent the violation or loss of one party’s rights. Examples include interim injunctions and orders for securing claims.

Differences Between a Judgment and an Order

A Judgment Concludes the Case, While an Order Does Not

One of the most important distinctions between a judgment and an order is whether the case is concluded and removed from the judicial process. As stated, a judgment terminates the proceedings, whereas orders do not have this effect and are issued solely to facilitate or complete the handling of the case.

The Legal Effect of a Judgment Differs from That of an Order

The issuance of a judgment may result in financial penalties, imprisonment, or other legal consequences.

An order does not have such effects and does not generally impose liability or punishment on a party.

A Judgment Decides the Substance of the Dispute

In issuing a judgment, the judge must examine and rule on the substance of the dispute. An order, by contrast, is often issued for procedural purposes, such as completing the record or gathering information. It should be noted that a judgment may only be issued by a judge. In contrast, a judge, a prosecutor, an assistant prosecutor, or similar judicial officials may issue an order.

Frequently Asked Questions Regarding Judicial Decisions Issued by Courts