The ruling: judgment, order or decree

At the end of a lawsuit, the judge makes a ruling. The judge's ruling is binding, but there can often be remedies be brought against it. Depending on the proceeding and the type of judge making the ruling, this is done through a judgment, order or decree. But what is the difference between a judgment, an order and a ruling?

What is a judgment?

A judgment is the ruling of the court or cantonal court in a subpoena proceedings. The judgment is subject to a number of formal requirements. The most important of these is that it contains the judge's decision and its grounds. A judgment may also enforceable be declared. Further, if the court makes a partial decision, after which the litigation continues, there is an interlocutory judgment. The final judgment is contained in the final judgment. In addition, the type of decision is decisive. In an awarding judgment, the plaintiff's claim is awarded (in part). On the other hand, in a dismissing judgment, the plaintiff's claim is dismissed. Finally, if the defendant has filed a defense, there is an adversary judgment. In the case where the defendant was defaulted on, it is referred to as a default judgment.

What is an order?

An order is the ruling in a application procedure. At the end of these special proceedings, the court, in appeal and in cassation judgment rendered in an order. In terms of content, an order is subject to the same requirements as a judgment. Like a judgment, an order can also be declared provisionally enforceable. In petition proceedings, moreover, other concepts are different. For example, it is not called a claim, but an application. And a production is called an annex (which is actually much purer). And the statement of reply is called a defense.

What is a judgment?

A judgment is the ruling of the higher courts in a subpoena proceeding. After the judgment is rendered by the trial court, it can be appealed. The court's ruling on appeal is called a judgment. The judgment of the trial court can be cassation be instituted. The Supreme Court's ruling is also called a judgment. In addition, a judgment is also subject to the substantive requirements of a judgment.