# What Is a Court Order for User Data? | Kodex Source: https://www.kodexglobal.com/glossary/court-order > Court order is a broad label covering several instruments with different standards. Learn how to identify what an order actually compels. Legal Process ## Court Order A court order is any directive issued by a judge that compels a party to act. In data request work the term usually refers to an order compelling disclosure of records, but it also covers non-disclosure orders and preservation directives, so the label alone does not tell you what an order requires. “Court order” is a category, not an instrument. Two documents both correctly described as court orders can carry completely different legal standards and compel completely different things. Reading past the label is the whole job. ### What falls under the label - Search warrants: probable cause, reach content. - 2703(d) orders: specific and articulable facts, reach transactional records. - Non-disclosure orders: compel silence, not production. - Pen register and trap-and-trace orders: authorise prospective collection of addressing information. - Preservation directives issued by a court: compel retention. The instruments differ in who applied for them, what showing was required, and what they authorise. ### Reading an order correctly Order compelling productionNon-disclosure order What it requires Hand over specified records Do not notify the user Typical statutory basis 2703(a)-(d), or Rule 41 18 U.S.C. § 2705(b) Has an expiry Compliance date Defined period, renewable Consequence of over-compliance Disclosing beyond scope None; silence has no scope Consequence of non-compliance Contempt Contempt ### What it means for a company receiving one - Establish the statutory basis first. It determines the ceiling on what can be compelled. - Distinguish the production obligation from the notice obligation. They are separate and frequently arrive as separate documents; having one does not imply the other. - Check that the issuing court has jurisdiction over you. Cross-border orders raise this directly. - Verify the order is genuine. Orders name a court, a judge, and a case number. Those can be checked with the issuing court, which is the definitive test and one a forgery cannot survive. ### Why classification is the highest-leverage step Almost every serious error in a data request programme traces back to misclassifying an instrument at intake. Producing content against an order that only reached transactional records over-discloses. Treating an assertion of secrecy as a non-disclosure order gives up a user’s notice rights for nothing. Treating a voluntary request as compulsory hands over data no one could have compelled. None of these are hard to avoid, but all of them require reading the instrument rather than the cover email. FAQ ### Frequently asked questions Is a court order the same as a warrant? A search warrant is one kind of court order, but not all court orders are warrants. A warrant requires probable cause and reaches content. Other orders, such as one issued under 18 U.S.C. § 2703(d), apply a lower standard and reach less. Treating every order as a warrant leads to over-disclosure. How do I tell what an order actually compels? Read the operative language and the statutory authority cited, not the caption. An order will state what the recipient must do and under what provision it was issued. Where the order is ambiguous, ask the issuing agency to clarify in writing before producing. Can a court order require a company to stay silent? Yes. A non-disclosure order, typically issued under 18 U.S.C. § 2705(b), directs a provider not to notify the user for a specified period. It is a separate instrument from the order compelling production, though the two often arrive together. Glossary ### Related terms #### Search Warrant A search warrant is an order issued by a judge authorising a search or seizure, granted only on a showing of probable cause. In data request work it is the instrument required to compel the contents of communications, and it is the highest legal threshold a company is likely to encounter. #### 2703(d) Order A 2703(d) order is a court order compelling a provider to disclose transactional records about an account. It requires specific and articulable facts showing the records are relevant to an investigation, which sits above a subpoena’s relevance standard but below a warrant’s probable cause. #### Non-Disclosure Order A non-disclosure order directs a company not to tell a user that their data was requested. It is a separate instrument from the process compelling production, is issued for a defined period, and requires the government to show that notice would cause a specific harm such as flight, evidence destruction, or danger to an individual. See how Kodex classifies incoming legal process. Learn more