Operative

What operative means

In short, operative is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where operative comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

To research operative, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

• Offer: in contract law, the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it (Restatement (Second) of Contracts § 24).
• Offer of judgment: a formal offer by a party defending against a claim to allow judgment on specified terms. Under Federal Rule of Civil Procedure 68, if the other side rejects it and later obtains a judgment that is not more favorable than the offer, it must pay the costs incurred after the offer was made.
• Officer of the court: a person who has a duty to help the court administer justice, including judges, clerks, bailiffs, court reporters and attorneys.
• Offset: another word for setoff: reducing one obligation by another.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.