Orange California USLegal Pamphlet on Gag Orders

Name: Orange California USLegal Pamphlet on Gag Orders
Brand: US Legal Forms
Rating: 4.55 (345 reviews)

Category:

Civil Procedure - Gag Orders

State:

Multi-State

County:

Orange

Control #:

US-PMPH-18

Format:

Instant download

Description

This pamphlet provides an overview of gag orders. Topics covered include uses of gag orders, constitutional considerations, and how to challenge a gag order.

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FAQ

A gag order (also known as a gagging order or suppression order) is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party.

A gag order is an order issued by the court to protect the identities of witnesses or victims involved in court proceedings. More often, they include vulnerable persons, such as minors and victims of sexual assault cases.

Gagging orders hit the headlines again in 2019 when MPs called for them to be banned in cases where the aim was to silence victims of sexual harassment or discrimination. In the UK, gagging orders will typically form part of a settlement agreement that both parties sign to bring the employment agreement to an end.

NDAs, or workplace gagging orders, are contractual in nature, where an employee is often paid a lump sum to agree to keep quiet about a workplace dispute or wrongdoing. Unlike non-disclosure orders, the basis of an NDA is by agreement, rather than ordered by the court.

A "gag order" is the term for when a judge prohibits the attorneys, parties, or witnesses in a pending lawsuit or criminal prosecution from talking about the case to the public.

In the United States, a court can order parties to a case not to comment on it but has no authority to stop unrelated reporters from reporting on a case. Thus, information concerning a case is often leaked to the media, and the media often chooses to publicly report this leaked information after receiving it.

Gag order. An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's rights to a fair trial.

Example: In the 2004 Michael Jackson child molestation trial, the California Supreme Court upheld a gag order prohibiting Jackson, his accusers, and the attorneys in the case from publicly commenting on the case, except through statements approved in advance by the trial judge.

Gag orders issued by a court, government, or private entity require an individual to refrain from making public comments. Typically, judges issue injunctions barring trial participants including attorneys, litigants, and witnesses from discussing trial-related material outside the courtroom.

Meaning of gagging order in English an official order not to discuss something, especially a legal case: The judge issued a gagging order to prevent the witnesses from speaking to the press. Court cases, orders & decisions. actionable.

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Orange California USLegal Pamphlet on Gag Orders

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