Indiana Motion of Defendant for a Gag Order

Q: What are the restrictions of a gag order?

A &quot;gag order&quot; 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.

Category:

Civil Actions - Motions

State:

Multi-State

Control #:

US-02229BG

Format:

Instant download

Description

A gag order is type of order that is sometimes necessary to protect a person's right to a fair trial. It can also be called a suppression order or prior restraint order. Because of the important First Amendment rights of free speech involved, gag orders must be the least restrictive means to protect the interests involved.

Most, gag orders are used against participants involved in a lawsuit or criminal trial especially when it is a widely publicized or sensational case. It is also used to prevent media from publishing unwanted information on a particular topic. For example a criminal court can issue a gag order for the media if it believes that potential jurors will be influenced by the media reporting. In a widely-publicized or sensational case, the court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters that the court may deem appropriate for inclusion in such an order. In such cases, it may be appropriate for the court to consult with representatives of the news media concerning the issuance of such a special order.

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How to fill out Motion Of Defendant For A Gag Order?

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FAQ

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.

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.

The appeals court could ultimately uphold the gag order or find that the restrictions imposed by Chutkan went too far. Either way, the issue is likely to be appealed to the Supreme Court, although there's no guarantee the justices would take up the matter.

Gag orders are more typically imposed on defense lawyers instead of defendants, who under normal circumstances tend not to talk publicly about their cases out of self-interest. And gag orders are more typically about preventing the jury from being tainted by hearing about the case outside the courtroom, while Mr.

In order for a gag order based on the defendant's right to a fair trial to prevail, a court must determine from the evidence before it (a) the nature and extent of pretrial news coverage; (b) whether other measures would be likely to mitigate the effects of unconstrained pretrial publicity; and (c) how effectively a ...

Such orders often apply to everyone directly involved: lawyers, witnesses, defendants and plaintiffs. Sometimes they apply only to specific participants. Such orders should be of concern anytime they are issued.

Across appellate court jurisdictions, judges strike down as well as uphold gag orders, but most gag orders go unchallenged. Opponents of gag orders argue that judges should be subjected to strict standards before gagging trial participants.