Legal Question in Administrative Law in California
What are the elements of a void court order? Is there a reference that could guide me on the facts of a void order?
1 Answer from Attorneys
The factors which most frequently would render a court's order void would include, most frequently, (1) lack of personal jurisdiction over the party, and (2) lack of subject-matter jurisdiction. The grounds for finding an order or judgment void are discussed in various treatises on civil procedure, including "Civil Procedure Before Trial" published by Continuing Education of the Bar and widely available in law libraries. See, for example, Chapters 19.1 -19.30 (personal jurisdiction) and Chapter 6. In addition to lack of jurisdiction over the party or the subject matter, an order or judgment might be void because it exceeds the court's authority, even though the court may have jurisdiction to make a different or lesser judgment or order, e.g. sentencing someone to jail when the applicable statute limits the penalty to a fine.