A consent order embodies the parties' agreement in an order the court enters. It may resolve a discrete dispute or, as a consent judgment, dispose of the case entirely with agreed terms.
It carries preclusive effect and is enforceable by the court.
Alternative Names:
Agreed Order, Order by Consent
Why it Matters?
Preclusive effect is what distinguishes a consent judgment from a settlement agreement with dismissal, since the judgment may bar relitigation while a dismissal without prejudice does not. In regulatory contexts consent orders frequently include compliance obligations extending for years with continuing court supervision. The terms should be drafted as carefully as any judgment, because enforcement proceeds through contempt rather than a new action.
Frequently Confused with
Related terms
Frequently asked questions
How does a consent order differ from a settlement agreement?
What should drafting address?
